2.1.4 Affirmative Action Plans

2014 Executive Order 's by President Obama

- prohibiting discrimination based upon sexual orientation - prohibiting retaliating against employees who discuss compensation information

OFCCP

-office of federal contract compliance programs, in 2013 extended coverage of affirmative action plans to include individual with disabilities. - Created by Executive Order 11246 and is an agency within department of labor. - responsible for monitoring the AAP of federal contractors and sub contractors

Guidelines for Early Retirement Programs

1) ERISA Coordination 2) Clear Eligibility requirements 3) Fair and sufficient incentive to attract employees 4) Knowing and Voluntary acceptance

4 legal justifications for age discrimination

1) business necessity 2) good cause 3) bona fide seniority system 4) factor other than age

3 regulations of OFCCP

1) executive order 11245 2) Vietnam Era Veterans Readjustment Assistant of of 73 3) Section 503 of the Rehab act of 73

Factors that determine if contractor business un autonomous

1) has its own managing official 2) listed separately on org chart 3) operates under separate cost center

Notice of Alleged Non Compliance

15 day notice indicating that enforcement proceedings may be initiated unless the contractor demonstrated that I has not violated its commitments under the agreements

Auditing

AAP (affirmative action plan) must explain co internal audit & reporting system, must be signed by CEO and published internally to employees.

Functional Affirmative Action Plan (FAAP)

Allowed if there is a separate functional business unit that is autonomous and they are a multi unit establishment.

Age Discrimination Act of 1967

Amended to protect employees who are 40 and older

Age Harassment

Any form of demeaning behavior associated with age

Good Faith Efforts

Basic components 1) outreach & recruitment to broaden candidate pools to include minorities, women and individuals with disabilities 2) systemic efforts to ensure that decisions thereafter are made without regard to race, sex or other prohibited factors.

2015 Executive Order by President Obama

Certain fed contractors to give employees 1 hour sick leave for every 30 hours worked (effective 1/1/17).

Supportive in house programs

Co must develop and execute action oriented programs

Underutilization Analysis

Comparison of % of minorities, women and individuals with disabilities in each job group with their respective availability in the surrounding labor force.

Debarment

Contractor is ineligible for future Contracts

Availability Analysis

Determine # of minorities, women, and individuals with disabilities in the external labor market who are qualified for employment in the job group

Constructive Discharge

Employers who try to induce older works to quit by making their jobs unpleasant.

Impact Ratio Analysis

Examines the % of minorities, women & invididuals with disabilities in each category and compares to % in surrounding labor force.

Order 11478

Extended order #4 to the fed government by giving fed employees same protection as fed contractors.

Genetic Information Act of 2008 (GINA)

Fed law that protects individuals basis on their genetic information in both employment and health care and adds a new protected class for purposes of equal employment law

Show Case Letter

Follows issuance of a violation and failure of conciliation.

Vocational Rehabilitation Act of 73

Increase the opportunities for disabled people and prevent discrimination against people with a "handicap"

Order 11246 (Order Number 4)

Issued in 1965 by Lyndon Johnson - had the greatest impact on reducing racial discrimination.

Workforce Analysis

Listing of all job titles in the co as they appear on payroll records, ranked from lowest to highest within each dept, & defined for each job category according to race and gender.

Reasonable Accommodation

Modification in the job or changes in the work setting that make it possible for a individual with a disability to work successfully

EEO Policy Statement

Must be included in the Affirmative action plan and should explain the efforts that HR activities are administrated in non discriminator manner.

1st state to pass act in 1945

New York

Consequence of Non Compliance

OFCCP may recommend court action and seek back pay for victims

New Principle for pay practices announced in 2013

OFCCP will 1) determine most appropriate & effective approach from a range of tools 2) consider all employment practices tat may lead to compensation discrimination 3) develop appropriate pay analysis groups 4) investigate large systemic, smaller units and individual discrimination 5) review and test factors before including them in analysis

Presidents who issues affirmation action order

President Truman, Eisenhower and Kennedy.

Vietnam Era Veterans Readjustment Assistance Act of 74

Prohibits discrimination against disabled veterans & Vietnam vets whether disabled or not

Uniformed Services Employment & Re-employment Rights Act (1994)

Prohibits discrimination against people who served in the uniformed services includes: -any branch of armed forces - army national guard air national guard -commissioned corps of public health services. - any other category designated by President in time of war or emergency.

Written Affirmative Action Plans

Required by first-tier sub contractors who have 50 or more employees, and $50k or more in contracts.

American Disability Act 1990

Requires employers with 15 or more employees to avoid discrimination based upon a disability.

2014 Executive Order signed by President Obama

Requires that prospective contractors disclose all labor law violations from past 3 years.

Notice of Proposed Rule Making (2014)

Requiring covered fed contractors with more than 100 employees to submit an annual "Equal pay report" on employee compensation based upon EEO -1 job categories.

Pre determination Notice

Sent to notify of preliminary findings or pattern of discrimination. The contract then has a "right of response" to produce a legitimate, non discriminatory reason for its action

Notice of Violation

Sent when a contractor has violated Executive Order 503 or during the compliance review.

Affirmative Action Plans (AAP)

Several executives orders have attempted to eliminate racial discrimination. Executive Order 8802 by President Roosevelt on 6/15/41 created the committee on Fair Employee Practices Goal was to eliminate discrimination in federal government due to race, creed, color or national origin.

2 years

Time limit for contractor to keep records

Early Retirement Programs

To comply with ADEA, employees age 40 & older cannot be forced into retirement unless there are job deficiencies in their performance.

Age Related BFQQ

Unlawful employment for employers to base certain decision on age

Goals & Timetables

When an underutilization analysis identified a job group that is under represented, the co is expected to develop goals and timetable for correcting the imbalance.

Reverse Discrimination

White males complaints of AA plans made them victims.

Statue of Limitations

an employee has 180 days to file a compliant; although the regulations for the OFCCP 3 programs allow for the Director to extend this time when good cause is shown

$10.10

minimum wage for employees working for fed contractors, (2014 Executive Order, signed by President Obama).