Developing Compliant Affirmative Action Programs

Seminar: ID# 1260649


Day 1

8:00 am: Registration/Continental Breakfast

  • Introduction of Faculty and Attendees
  • Course Objectives and Session Overview
  • Review of Course Materials
Background - Affirmative Action Compliance and Enforcement
  • Overview of Nondiscrimination and Affirmative Action Compliance Requirements
  • Diversity and Its Relationship to EEO and Affirmative Action
  • How and by Which Agencies Compliance Is Enforced
  • OFCCP's Jurisdiction and Current Enforcement Strategy
Preparing To Develop the AAP
  • Determining Which Employees Should Be Covered by an AAP
  • Employee and Transactions Data Required for AAP Development
  • Determining and/or Changing Your AAP Cycle
  • Determining and/or Changing Your AAP Structure
  • Developing, Using, and Defending the Organizational Profile
  • What the Organizational Profile Is and How It Should Be Used
  • Preparing an Organizational Display or Workforce Analysis
How OFCCP Evaluates the Organizational Profile During Compliance Evaluations
  • Forming and Justifying AAP Job Groups
  • What Job Groups Are and How They Are Used Throughout the AAP
  • Job Groups and Their Relationship to EEO-1 Job Categories
  • Principles To Keep in Mind When Forming Job Groups
  • Preparing and Using the Job Group Analysis
  • Complying With the Job Group Annotation Requirement
  • How OFCCP Evaluates Job Groups During Compliance Evaluations
4:30 pm: Wrap-Up and Questions

Day 2

8:00 am: Continental Breakfast

8:30 am: Understanding and Calculating Availability
  • Availability Defined
  • The Important Role Availability Plays in the AAP
  • Determining Availability by Individual Race/Ethnicity Groups
  • Availability Data Sources and How Each Can Most Effectively Be Used
  • Determining Appropriate Occupational Benchmarks
  • Determining Appropriate Recruitment Areas
  • Estimating and Using External Availability
  • Estimating and Using Internal Availability
  • Calculating Final Availability
  • How OFCCP Evaluates Contractor Availability Determinations
Comparing Incumbency to Availability
  • Understanding the Process That Leads to Placement Rate Goals
  • OFCCP's Four Accepted Methods for Comparing Incumbency to Availability, and the Advantages and Disadvantages of Each (80% Test, Any Difference Test, Whole Person Test, and Tests of Statistical Significance)
Affirmative Action Placement Rate Goals
  • What a Placement Rate Goal Is and How It Should (and Should Not) Be Used
  • OFCCP's Authority To Require Goals for Individual Race/Ethnicity Groups
Executive Order 11246 AAP Narative Requirements
  • What Should and Should Not Be Included in an AAP Narrative
  • Assigning Responsibility for AAP Implementation
  • Identifying AAP Problem Areas
  • Developing and Executing Action-Oriented Programs
  • Developing and Implementing Audit and Reporting Systems
Disability and Veterans AAP Requirements

Strategies for Implementing the AAP

4:30 pm: Wrap-Up and Questions

Day 3

8:00 am: Continental Breakfast

8:30 am: Responding to an OFCCP Compliance Evaluation Scheduling Letter
  • Determining the Proper Scope and Timetable for the Review
  • Analyzing and Determining How Desk Audit Transactions Data Will Be Provided
  • Analyzing and Determining How Desk Audit Compensation Data Will Be Provided
  • Other Pre-Submission Analyses
OFCCP's Desk Audit Analyses and Focus on Systemic Discrimination
  • How and When OFCCP Analyzes Workforce Demographic Data
  • Systemic Discrimination - What It Means in General and How OFCCP Analyzes for It
  • Issues That Commonly Arise During Statistical Analyses of Employment Transactions Data (Hires, Promotions, and Terminations)
  • What OFCCP Looks for When Analyzing the Impact of Employment Selection Tests
  • Issues That Commonly Arise During Statistical Analyses of Compensation Data, Including Strategies for Responding to "Paragraph 11"
Managing Follow Up Requests for Data
  • Deciding What and How Additional Information Should Be Provided to OFCCP
  • Managing the Review Prior to an Onsite Visit
Completing the Evaluation
  • Managing the On-Site Aspect of Compliance Evaluations, Including OFCCP's New "Beck" Compliance Inspections
  • Managing Post-On-Site, Pre-Closure Activities
  • How Compliance Evaluations Can Be Closed
  • Responding to a Notice of Violation
  • Responding to a Pre-Determination Notice
  • Resolving Compliance Deficiencies Through Conciliation Agreements
  • When Conciliation Fails - OFCCP's Enforcement Authority and Procedures
3:00 pm: Adjourn

Developing Compliant Affirmative Action Programs
Metropolitan Area:
Washington, DC
Center for Workplace Compliance
1501 M St. NW Suite 1000
7/16/2020 - 07/17/2020 (8:30 a.m. - 5:00 p.m.)
Qty: 5755 North Point Parkway, Suite 227 | Alpharetta, GA 30022 | 770-410-1219 |
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