Affirmative Action Plan Statistical Reports...

AAP Statistical Review │1© 2013 Peoplefluent2013

Affirmative Action Plan Statistical Reports Review

K. Williams, Business Consultant

Julia Méndez, CAAP, PHR, CELS

Principal Business Consultant

Peoplefluent Research Institute

© 2013 Peoplefluent


AAP Statistical Reports Review 2

Agenda

• Workforce Analysis• Job Group Analysis• Determining Availability• Incumbency vs. Availability• Placement Goals• Goal Attainment• Hire Analysis• Promotion Analysis• Termination Analysis• Compensation Analysis Reports




For AAPlanner Users

• Work Force Analysis and/or Organizational Display

• Job Group Analysis

• Census Reports

• Labor Report

• Incumbency v. Estimated Availability

• Availability Analysis

• Annual Placement Goals

• Goal Attainment

• Adverse Impact Analysis (Summary Counts, Analysis, Results)

• Paragraph 11, Itemized Listing




What is Affirmative Action?

• Proactive action-oriented programs designed to ensure equal opportunity of qualified women, minorities, disabled individuals and veterans in the employment process

• Enforced by the Office of Federal Contract Compliance Programs (OFCCP)




Organizational Profile (Work Force Analysis) (41 CFR 60-2.11)• A depiction of the staffing pattern within an

establishment by department or organizational unit.

• Contractor can either prepare an Organizational Display or Work Force Analysis

Purpose:

• One method of determining existence of barriers to EEO in their organizations.

• Provides an overview of the workforce that may assist in identifying departments where women or minorities are underrepresented or concentrated.




Work Force Analysis

• A listing of each job title ranked from the lowest paid to the highest paid within each department including departmental supervision.

• For each job title, the total number of incumbents, the total number of male and female incumbents, and the total number of male and female by minority sub-group must be displayed.




Excl = Excluded from planIncl = Included in plan

Look for Potential Glass

Ceiling

Work Force Analysis

Review: Are jobs properly ranking lowest to highest paid? Is there a concentration or under representation of minorities and/or females in any particular section of the workforce? Is there a glass ceiling? Do any departments appear segregated? Is their a supervisor identified in each department?




Discriminatory Concepts

Glass ceiling

• An unofficially acknowledged barrier to advancement in a profession affecting women and members of minorities.

Concrete ceiling

• The type of barrier minority women encounter.. This 'concrete ceiling' is due to minority women facing both issues of sexism and racism which makes it even more difficult to advance.

Glass door

• This is a barrier that limits disadvantaged workers access to employment at high-wage jobs.




Discriminatory Concepts

Glass cliff

• Typically women make it to the high levels of the organization, but are treated differently then men and often rated at a tougher scale causing them to be rated poorly and fall off the cliff

Glass wall

• Invisible horizontal barriers causing females to not move laterally

Glass elevator/escalator

• Rapid promotion of men over women, especially into management, in female-dominated fields such as nursing.




Work Force Include/Exclude

Example: Employee John Doe reports to Manager Fred Green

AAP 1 AAP 2

Employee John Doe works in AAP 1 Manager Fred Green works in AAP 2

Employee John Doe will not be counted in the analysis for AAP1 (excluded) and will be included in the analysis for AAP2 (Included)

Exclude

Employee John Doe will be marked

with an Excl on AAP1 reports

Employee John Doe will be marked with

an Incl on AAP2 reports

Include




Work Force Analysis – Included/Excluded

Included employee sits in:




Work Force Analysis Summary

No Females/No Minorities




Work Force Roster

Review•Are employees assigned to correct department?•Are employees assigned the correct job title, salary code and EEO code?•Are employees assigned the correct race/gender?




Job Group Analysis (41 CFR 60-2.12; 2.13)

Purpose

• Groups job titles by similar content, opportunity and wage

• Foundation for remaining reports

• Provides utilization of job group as of the plan date

Required




Job Group Analysis (JGA) - Requirements

• Must include a list of the job titles that comprise each job group.

• If JGA contains jobs that are located at another establishment, the JGA must be annotated to identify the actual location of those jobs.

• If the establishment at which the jobs actually are located maintains an AAP, the JGA of that program must be annotated to identify the program in which the jobs are included.




EEO-1 Classifications1A Executive/Senior Level Officials and Managers

1B First/Mid Level Officials and Managers

2 Professionals

3 Technicians

4 Sales

5 Administrative Support Workers

6 Craft Workers

7 Operatives

8 Laborers

9 Service Workers

40 CFR 60-2.12 (e) Smaller employers: If a contractor has a total workforce of fewer than 150 employees, the contractor may prepare a job group analysis that utilizes EEO-1 categories as job groups.




Higher Education EEO Classifications1 – Executive/Administrative/Managerial

2 – Faculty

3 – Instructional/Research Assistants

4 – Other Professionals

5 – Technical/Paraprofessional

6 – Clerical/Secretarial

7 – Skilled Craft

8 – Service/Maintenance

9 – Other Administrative




Job Group Analysis

Current Utilization of Protected class:

Total Employees in Protected Class

Total Employees in Job Group

Excluded employees will not be included on

this report but will show

on separate Job Group

Include and Exclude reports

Review Are their certain job titles that lack diversity? Are the job titles placed in the correct job groups? Are their certain job groups which lack diversity?




Job Group Analysis – Included/Excluded




Job Group Analysis Summary




Job Group Roster

Review•Are the correct employees in each job group?•Are employees assigned the correct job title, race, gender, salary code and location?•Is everyone within the job group assigned the same EEO-1 classification?•Are employees reporting to another AAP excluded?




Internal Availability (41 CFR 60-2.14(c)(2))

• Provides internal availability by protected class

• Provides feeder job groups

• Provides weight of feeder job groups

Notes

• Weight is calculated based on history for past 3 years (hires, promotions, transfers)

• Demotions are not included




Weighted AvailabilityFeeder Job Groups

Internal Availability

Review• Are feeders appropriate or anomalies?• Are all feeders represented?• Is the total availability ‘0’ for females and/or minorities?




• Provides percentage that location hires

from the Immediate or Recruitment Labor

Area

• Labor Area is one of two components that

determines external availability

• Second component is census code

Reasonable Recruitment/Labor Area (41 CFR 2.14(c)(1))




Reasonable Recruitment Area

• Must Not Underestimate Availability: Ensure that contractor has not defined that area in a way that underestimates minority or female availability.

• Consider commuting patterns: Including the availability of public transportation, approximate normal driving times, etc. in the labor area.

• Relationship to EEO/AA Obligations: The immediate labor area definition should be consistent with the contractor's nondiscrimination and affirmative action obligations.




Reasonable Recruitment Labor Area Distributions

Labor AreaAssignment

Location where

employee resides




Reasonable Recruitment Labor Area Distributions

Expect recruiting areas for blue collar workers to be local.




Recruiting Area Check Points

• Does the contractor recruit in other areas, not reflected on the report, with higher minority/female availability?

• Can the contractor expand its area to increase the numbers of minority group persons and women in the percentage of available workers?

• Where do other nearby employers recruit to fill similar jobs?

• Are the recruitment areas assigned to each job group reasonable given the pay or supply and demand?




• Provides census code assigned to job titles within job group

• Census code is one of two components that determines

external availability

• Second component is labor area

Notes

• Census codes assigned based on job skills needed for

each job title

Census Codes and Job Titles (41 CFR 2.14(2)(g))




Census Codes and Job Titles

• Purpose• Provides census codes assigned to job titles within job group

• Census code is one of two components that determines external availability

• Second component is labor area

• Notes

• Census codes assigned based on job skills needed for each job title

2010 Census is anticipated to be available by 2nd

quarter 2013




Census Codes and Job Titles

Job Titles should“fit” Census

Code assignment




How are Goals Calculated?

External

Availability

Internal

Availability

Derive Total Weighted

Availability

Current

Utilization

Analyze Current Employee

Population

Establish Goals

Check for UnderutilizationApply Tests




• Compares Current Utilization to Total Weighted Availability

• Aggregates availabilities into two components– External

» Requisite Skills in Immediate + Requisite Skills in Recruitment + Training Institutions

– Internal

» Available In Organization + Internal Company Availability

Notes

Check for underutilization

• Fewer females or minorities in a particular group than would reasonably be expected for their availability

Incumbency vs. Availability (41 CFR 60-2.15)




Incumbency vs. Availability

Availability is compared to

utilization

Review• For job groups that have goals, is all or most of the weight given to external recruiting?• For job groups that don’t have goals, is all the weight or most of the weight given to internal movement?• Is total availability for either group ‘0’?• Are all sources being considered (i.e. universities, vo tech training program)?




• Provide a concise list of job groups with goals

• Placement goals are equal to the availability in the Job

Group

– If job group does not have a goal, it will not be listed

– If there are no goals for the plan there will be no report

Placement Goals (41 CFR 2.16)




Placement Goals

Goal Placement Rate **NOT A QUOTA**

To Do Develop action-oriented programs Involve recruiters Involve hiring managers




Goal Attainment (41 CFR 60-2.17)

• Purpose• Only identifies those goals listed on the Placement Goal

report

• Shows the actual overall placements into each Job Group

• Shows the actual placements into each Job Group by class underutilized

• Shows whether or not goals were met




Only job groups with agoal last year will

appear on this report

Goal Attainment

Review• Are there any groups where the goal was not attained? If so, discuss why and good faith efforts which took place?• Are there groups which continue to have goals not met year after year? If so, why?




• Listing of Hires, Promotions, and Transfers by job group

for the year prior to the plan date

• Lists promotions and transfers “to” job group

• Provides supporting data for Goal Attainment

Placement Detail




Placement Detail

Review•Are all employees who were transferred between AAP locations included?•Are all promotions which crossed AAPs or job groups included?•Are all hires included?•Is the job title, job group, race/gender information accurate?

© 2013 PeoplefluentAAP Statistical Reports

Review│42

Adverse Impact




What is Adverse Impact?

Under the Guidelines adverse impact is a substantially different rate of selection in hiring, promotion or other employment decision which works to the disadvantage of members of a race, gender or ethnic group.

80%




Calculating Adverse Impact

Applicants Hires Selection Rate/Percent hired

80 White 48 48/80 or 60%

40 Black 12 12/40 or 30%

30% / 60% = 50% < 80%




Impact Ratio Analysis (41 CFR 60-2.17(d)(1))

• Purpose• Compares the selection rate for a target group to the

overall selection rate

• Evaluates employment activity to determine whether there are preliminary indicators of potential discrimination (i.e., applicant to hires)

• Includes• Separate reports for each category: Hires, Promotions and

Terminations

• An indicator is displayed for areas where there is adverse impact




Applicant Roster

• Provides supporting data for the Hires Impact Ratio Analysis

• Lists all applicants included in the AAP

• Should only contain those who meet the definition of an applicant

• Meet the basic qualifications for the position

• Have expressed interest in the position

• Were considered for the position

• Have not self selected out/withdrawn from consideration




Applicant Roster

Review• Is the race/gender unknown for those applicants which were hired?•Does the applicant information match up to the hires (e.g. EEO, job title)?•Are the disposition codes accurate and clearly define the last step of the hiring process and reason not selected?•Are all hires displayed in the applicant roster?




Hires Counts

Review•Is there a large percentage of unknown race/gender?•Are there fewer applicants than hires?•Are there low ratio of applicants to hires?•Are there very large ratios of applicants to hires?




Hires Analysis




Hires Summary




Promotions Counts




Promotions Analysis




Promotions Summary




Total Terminations Counts




Total Terminations Analysis




Total Terminations Summary




Involuntary Terminations Counts




Involuntary Terminations Analysis




Involuntary Terminations Summary




Voluntary Terminations Counts




Voluntary Terminations Analysis




Voluntary Terminations Summary




• Listing of Hires, Promotions and Terminations by job

group for the year prior to the plan date

• Lists promotions “from” job group

• Provides supporting data for Impact Ratio Analysis

Monitoring Transactions Listing




Monitoring Transactions Listing

Review• Are all hires, promotions and terminations included?• Are job title, race, gender, and termination type correct?




Step Analysis (41 CFR 60-3.4(c))

• If adverse impact is found in hiring decisions even after the pool of candidates has been refined, a Step Analysis MUST be prepared in order to determine which step of the selection process caused adverse

impact

• Minimum qualifications

• Phone interview

• Face-to-face interview

• Written test

• Drug test


Review│66

Compensation Review




Compensation Review (41 CFR 60-2.17(1)(c))

• Review compensation at least annually.

• Conduct the review job title.

• Is there a difference between male/female average pay? Minority/non-minority pay?

• What factors impact pay?

• Can you explain any disparity in pay?




Compensation Reports

Item #11 – Required only if under audit

• Provides the annualized compensation for males/females

and minority/non-minority in each salary grade or job

group/job title

• Meets the requirement for item 11 on the OFCCP standard

audit scheduling letter

2%, $2000 – Support Report

• Provides an analysis of compensation between males/females and minority/non-minority and highlights areas where research is needed




Paragraph 11, Itemized Listing by Job Title




Compensation Analysis (2%, $2,000) by Gender




Compensation Analysis by Race




Reports to Submit to OFCCP if Audited

• Work Force Analysis

• Work Force Analysis Include/Exclude

• Job Group Analysis

• Job Group Analysis Include/Exclude

• Incumbency vs. Availability

• Placement Goal

• Goal Attainment

• Hires – Counts

• Promotion – Counts

• Termination – Counts (Inv./Vol.)

• Item #11

• Narrative




Most Critical Reports to Review for Accuracy

• Work Force Roster

• Job Group Roster

• Internal Availability

• Census Codes

• Reasonable Recruitment Labor Area Distribution

• Placement Detail

• Applicant Roster

• Monitoring Transactions Listing




Reports to Review for Further Attention or Investigation

• Work Force Analysis – signs of under-representation or concentration; signs of glass ceiling or other discriminatory indicators

• Is there adverse impact in hiring, promotion and/or termination?

• Do you have Placement Goals and have a action plan to meet the goals/good faith efforts?

• Were goals attained from prior year?

• Are there indicators of pay inequity?




Upcoming Training Opportunities

Webinars:

Feb. 5, 2013

• Principles of Affirmative Action Planning

Feb. 19, 2013

• Principles of Good Faith Efforts

Principles of AA Classroom Training:

March 11 & 12 (Chicago)

July 15 & 16 (Dallas)

October 21 & 22 (New Orleans)

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Upcoming Training Opportunities

Online Software Training:

Feb. 20 & 21, 2013

• AAPlanner / Monitor

April 16 & 17, 2013

• Pay Equity / Paystat

April 17 & 18, 2013

• AAPlanner / Monitor

Compliance Reporting Center (CRC)

• Feb. 19, 2013

• March 19, 2013









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Questions?

Send questions to [email protected]

mailto:[email protected]


Review│78

Appendix




Standard Deviation Calculation




Calculating Fisher’s Exact




Exact Binomial Calculation – Placement Goals

Affirmative Action Plan Statistical Reports...

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