Agenda

Day 1

8:00 am: CONTINENTAL BREAKFAST

8:30 am: INTRODUCTIONS

SOURCES OF RULES GOVERNING WORKPLACE BEHAVIOR

WHERE LAWS COME FROM

OTHER ENFORCEMENT AND COMPLIANCE MECHANISMS

CONSEQUENCES OF VIOLATIONS

THEORIES OF DISCRIMINATION

• Disparate Treatment
  
• Disparate Impact

FEDERAL EMPLOYMENT LAWS

TITLE VII, CIVIL RIGHTS ACT OF 1964

• Sexual Harassment
  
• Pregnancy Discrimination Act of 1978
  
• Religious Discrimination

SECTION 1981, CIVIL RIGHTS ACT OF 1866

AGE DISCRIMINATION

• Age Discrimination in Employment Act
  
• Older Workers Benefit Protection Act

COMPENSATION DISCRIMINATION

• Equal Pay Act
  
• Lilly Ledbetter Fair Pay Act

DISABILITY DISCRIMINATION

• Americans with Disabilities Act
  
  
  • What Is a Disability?
    
  • Who is a Qualified Individual with a Disability?
    
  • Essential Functions

Training Exercises #1-4

4:30 pm: ADJOURN

Day 2

8:00 am: CONTINENTAL BREAKFAST

8:30 am: FEDERAL EMPLOYMENT LAWS (CONTINUED)

DISABILITY DISCRIMINATION (CONTINUED)

• Reasonable Accommodation
  
• Undue Hardship
  
• Direct Threat and Qualification Standards
  
• Medical Inquiries and Exams

GENETIC INFORMATION NONDISCRIMINATION ACT

FAMILY AND MEDICAL LEAVE ACT

• Entitlements
  
• Eligibility
  
• Qualifying Reasons
  
• Notice Requirements
  
• Enforcement and Remedies

WORKPLACE RETALIATION

PROTECTIONS FOR VETERANS

• Vietnam Era Veterans’ Readjustment Assistance Act, as amended
  
• Uniformed Services Employment and Reemployment Rights Act

IMMIGRATION REFORM AND CONTROL ACT

WHISTLEBLOWER PROTECTION

PRIVACY ISSUES

EMPLOYMENT-AT-WILL DOCTRINE

TORT ACTIONS

ESTABLISHING NON-DISCRIMINATORY EMPLOYMENT PRACTICES

HIRING PROCEDURES

EMPLOYMENT INTERVIEWS

PERFORMANCE EVALUATIONS

TERMINATION FOR CAUSE

TERMINATION FOR ECONOMIC REASONS

DOCUMENTATION

RESPONDING TO CHARGES OF EMPLOYMENT DISCRIMINATION

OVERVIEW OF CHARGE PROCESSING PROCEDURES

• The EEOC
  
• Stages in EEO Charge Processing
  
• Charge Filing
  
• Initial Assessment of Charge

COMPANY'S INITIAL RESPONSE TO A CHARGE

• Notification to Management
  
• Securing and Preserving Legal Privileges
  
• Contact EEOC Investigator
  
• Company Representative’s Roles

COMPANY’S INTERNAL INVESTIGATION

• Develop a Plan
  
• Sources of Information
  
• Witness Interviews

Video – Conducting an Effective Interview

Training Exercises #5-10

4:30 pm: ADJOURN

Day 3

8:00 am: CONTINENTAL BREAKFAST

8:30 am: RESPONDING TO THE CHARGE

• Writing the Position Statement
  
• Using Exhibits
  
• Requests for Information

MANAGING THE ON-SITE INVESTIGATION

VOLUNTARY RESOLUTION OF CHARGES

• Determining the Company’s Position
  
• Predetermination Settlements
  
• Conciliation

DEVELOPING & DEFENDING COMPLIANT AAPS

• EEO and affirmative action overview
  
• What to know before developing your AAP(s)

• AAP component categories
  
  
  • AAP cycles
    
  • AAP structures
    
  • Employee coverage
    
  • 2007 EEO-1 revisions (race/ethnicity, job categories)

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 Evals

Training Exercises #11-12

4:30 pm: ADJOURN

Day 4

8:00 am: CONTINENTAL BREAKFAST

8:30 am: 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

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 Recruitment Areas
  
• Determining Appropriate Occupational Benchmarks
  
• Estimating and Using External and 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

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 NARRATIVE 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

4:30 pm: ADJOURN

Day 5

8:00 am: CONTINENTAL BREAKFAST

8:30 am: RESPONDING TO AN OFCCP 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 & 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
  
• What OFCCP Looks for When Analyzing the Impact of Employment Selection Tests
  
• Issues That Commonly Arise During Statistical Analyses of Compensation Data

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 “Beck” Compliance
  
• 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 C