2012 ILG National Conference Waikoloa, Hawaii August 28, 2012 Equal Employment Advisory Council 1501 M Street, N.W. | Suite 400 Washington, D.C. 20005 Presented by: Jeff Norris Chris Gokturk Preparing for an OFCCP Corporate Management Compliance Evaluation
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2012 ILG National Conference Waikoloa, Hawaii August 28, 2012 2012 ILG National Conference Waikoloa, Hawaii August 28, 2012 Equal Employment Advisory Council.
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2012 ILG National Conference
Waikoloa, Hawaii
August 28, 2012
2012 ILG National Conference
Waikoloa, Hawaii
August 28, 2012
Equal Employment Advisory Council1501 M Street, N.W. | Suite 400Washington, D.C. 20005
Presented by:Jeff Norris
Chris Gokturk
Preparing for an OFCCP Corporate Management Compliance
Evaluation
Preparing for an OFCCP Corporate Management Compliance
The Equal Employment Advisory Council (EEAC) is a nonprofit association of private sector employers dedicated exclusively to the elimination of workplace discrimination through advancement of practical and effective equal employment opportunity, affirmative action, and diversity programs. The materials developed for this program and the discussions based upon them are designed to provide accurate and authoritative information regarding the subject matter covered. They are provided with the understanding that EEAC is not engaged in rendering legal, accounting, or other professional services. For legal advice or other expert assistance, the services of a competent attorney or other professional should be sought.
OFCCP Scheduling Procedures for Corporate Headquarters Audits
OFCCP Scheduling Procedures for Corporate Headquarters Audits
• District and area offices instructed to schedule audits sequentially off of both lists, but…
– For CMCEs priority given to headquarters establishments not previously audited
• Corporate scheduling announcement letters (CSALs) now provide pre-notification to companies for both routine compliance evaluations and CMCEs of headquarters establishments
• Recommendation: if you receive a scheduling letter for your headquarters contact OFCCP to determine whether it is a routine audit or a CMCE
• District and area offices instructed to schedule audits sequentially off of both lists, but…
– For CMCEs priority given to headquarters establishments not previously audited
• Corporate scheduling announcement letters (CSALs) now provide pre-notification to companies for both routine compliance evaluations and CMCEs of headquarters establishments
• Recommendation: if you receive a scheduling letter for your headquarters contact OFCCP to determine whether it is a routine audit or a CMCE
• Post-submission, pre-onsite is perhaps the most important time in a CMCE (and can be important in a routine audit as well)
• Try to anticipate where OFCCP might want to investigate further based upon the desk audit submission– Complete inquiry into any problematic selections revealed in
transactions data
– Finalize a preferred methodology for evaluating compensation
• Cohort analyses are particularly important for management positions
– Consider making appropriate pay equity adjustments (regardless of the race, ethnicity or gender of the recipients)
– Address areas where good faith efforts may be marginal (particularly with respect to individuals with disabilities and protected veterans)
• Post-submission, pre-onsite is perhaps the most important time in a CMCE (and can be important in a routine audit as well)
• Try to anticipate where OFCCP might want to investigate further based upon the desk audit submission– Complete inquiry into any problematic selections revealed in
transactions data
– Finalize a preferred methodology for evaluating compensation
• Cohort analyses are particularly important for management positions
– Consider making appropriate pay equity adjustments (regardless of the race, ethnicity or gender of the recipients)
– Address areas where good faith efforts may be marginal (particularly with respect to individuals with disabilities and protected veterans)
• Estimate where glass “ceilings” or “walls” may exist in your organization– Drop off in women/minority representation by level
(ceilings) or by division, function or business unit (walls)
– These may be areas where OFCCP auditors focus their attention
• Develop an understanding of how individuals are selected and developed for mid- and senior-level management positions– Recruitment and hiring practices
• External selections and internal promotions
– Performance appraisals and performance management systems
• Review processes, documentation, indicators of adverse impact in ratings
• Estimate where glass “ceilings” or “walls” may exist in your organization– Drop off in women/minority representation by level
(ceilings) or by division, function or business unit (walls)
– These may be areas where OFCCP auditors focus their attention
• Develop an understanding of how individuals are selected and developed for mid- and senior-level management positions– Recruitment and hiring practices
• External selections and internal promotions
– Performance appraisals and performance management systems
• Review processes, documentation, indicators of adverse impact in ratings
• Develop an understanding of how individuals are selected and developed for mid- and senior-level management positions (cont’d)– Formal human resource development systems
• Succession planning; mentoring; management development programs; etc.
– Informal human resource development practices
• Special assignments; training; task force participation
– Turnover and retention• Are women and minorities leaving at unexpected
rates? Why?
• Evaluate female and minority participation rates in these programs
• Develop an understanding of how individuals are selected and developed for mid- and senior-level management positions (cont’d)– Formal human resource development systems
• Succession planning; mentoring; management development programs; etc.
– Informal human resource development practices
• Special assignments; training; task force participation
– Turnover and retention• Are women and minorities leaving at unexpected
rates? Why?
• Evaluate female and minority participation rates in these programs
Managing the Onsite InvestigationManaging the Onsite Investigation
• Attendees at opening conference – CEO participation expected by OFCCP
– Other senior management depending upon issues to be discussed
– Persons who will be interfacing with OFCCP
– Demographics of company representatives matters
– All who attend should be conversant with basic OFCCP requirements and terminology
• Opening conference agenda– Welcome by CEO
– Opening statement by OFCCP
– Company presentation on such items as:• CEO vision for company and importance of AA/EEO to accomplishment of that vision
(avoid “diversity” trap)
• Company programs that address (or will address when fully implemented) areas of weakness (e.g., low female or minority representation at senior levels)
• Good stories
– Agreement on onsite logistics
• Attendees at opening conference – CEO participation expected by OFCCP
– Other senior management depending upon issues to be discussed
– Persons who will be interfacing with OFCCP
– Demographics of company representatives matters
– All who attend should be conversant with basic OFCCP requirements and terminology
• Opening conference agenda– Welcome by CEO
– Opening statement by OFCCP
– Company presentation on such items as:• CEO vision for company and importance of AA/EEO to accomplishment of that vision
(avoid “diversity” trap)
• Company programs that address (or will address when fully implemented) areas of weakness (e.g., low female or minority representation at senior levels)