Understanding and Preparing an Effective AAP Narrative

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Contact Information

Dao Nguyen [email protected]

Oscar Martinez [email protected]

Biddle Consulting Group Institute for Workforce Development

Overview of Biddle Consulting Group

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Affirmative Action Plan (AAP) Consulting and

Fulfillment

• Thousands of AAPs developed each year • Audit and compliance assistance • AutoAAP™ Enterprise software

HR Assessments

• AutoGOJA™ online job analysis system • TVAP™ test validation & analysis program • CritiCall™ pre-employment testing for 911 operators • OPAC™ pre-employment testing for admin professionals • Video Situational Assessments (General and Nursing)

Custom Test Development & Validation

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Compensation Analysis • Proactive and litigation/enforcement pay equity studies • COMPare™ compensation analysis software

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BCG Institute for Workforce Development

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Background and Context

Review of Each Section in the Narrative

Managing the Narrative and Bolstering Action-Oriented Programs

In Conclusion: Summary, Questions, and Answers

Agenda


Narratives for Affirmative Action Programs

Three (3) types of written Affirmative Action Programs:

1) AAP for Minorities & Women (E.O. 11246)

2) AAP for Individuals with Disabilities (Sec. 503 of the Rehabilitation Act)

3) AAP for Protected Veterans (VEVRAA)



Ref: 41 CFR 60-2.1 (b) (1) (i-iv)

1) Narrative for Women and Minorities Executive Order (E.O.) 11246 Requires federal contractors to create an AAP (including

narrative) if they meet one of the following criteria:

• 50 or more employees and $50,000 or more in contract revenue during a 12 month period

• Serves as a depository of Government funds in any amount

• A financial institution who issues and pays U.S. saving bonds or saving notes



2) Narrative for Individuals with Disabilities Section 503 of the Rehabilitation Act of 1974,

as amended

50 or more employees and a contract of $50,000 or more

Ref: 41 CFR 60-741



3) Narrative for Protected Veterans Vietnam Era Veterans' Readjustment

Assistance Act of 1974, as amended

• 50 or more employees and a contract of $150,000 entered into, or modified, on or after October 1, 2015

Covered contractors “shall take affirmative action to employ and advance in employment qualified protected veterans.”

• Disabled veterans, recently separated veterans, active duty wartime or campaign badge veterans, and Armed Forces service medal veterans are considered “protected” under VEVRAA.

Ref: 41 CFR 60-300



Thresholds

Individuals with

Disabilities

Women & Minorities

Protected Veterans

Contract Amount

Section 503 of Rehabilitation Act of 1973

Executive Order 11246

Vietnam Era Veterans' Readjustment Assistance Act of 1974

$50,000

$150,000



Practice Tip: Confirm the amounts of federal contracts/subcontracts. It may be the case that you meet the requirements of E.O. 11246 and Sec. 503, but not VEVRAA.

Narrative Content for Women and Minorities

Explanatory chapters

• Chapters 1-6 (explain the technical reports) [Optional]

Designation of Responsibilities

• Who is responsible to implement the AAP

President CEO, HR Manager, AA Officer, Managers and Supervisors

Identification of Problem Areas

• Do impediments to EEO exist?

Action Oriented Programs

• The implementation portion of the AAP

Internal Audit and Reporting

• Measures the effectiveness of the AAP



Narrative Content for Protected Veterans (Vets) and Individuals

with Disabilities (IWDs)


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Required Components Vets IWDs

1. Equal Opportunity Policy Statement √ √

2. Review of Personnel Processes √ √

3. Review of Physical and Mental Qualifications √ √

4. Reasonable Accommodations to Physical and Mental

Limitations

√ √

5. Commitment to Anti-Harassment √ √

6. External Dissemination of Policy, Outreach, and

Positive Recruitment

√ √

7. Internal Dissemination √ √

8. Audit and Reporting System √ √

9. Identification of Responsibility for Implementation √ √

10. Training √ √

11. Data Collection and Analysis Hiring

Benchmark

Utilization

Goal

12. Compensation √

√



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Step 1: Availability Analysis

Identifies the gender and race composition of the available

workforce

Step 2: Comparison of Incumbency to Availability

Identifies differences between current incumbency and

available workforce

Step 3: Placement Goals

Calculates the goal needed to eliminate underutilization for

where differences exist

Step 4: Action-Oriented Programs

Affirmative steps that will be taken to help achieve

goals (outlined in narrative)

Overall “Big Picture”


Review of Each Section

in the Narrative


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Chapter 1: Organizational Profile Chapter 2: Job Group Analysis Chapter 3: Placement of Incumbents in Job

Groups Chapter 4: Determining Availability Chapter 5: Comparing Incumbency to

Availability Chapter 6: Placement Goals

• Explanation of the technical reports • These chapters aren’t required



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Chapter 7: Designation of Responsibility

• Required component • Stating who is responsible for the

implementation of the AAP • What are the commitments for upholding the

AAP? • Annually review/update the responsibilities

listed for each officer as necessary



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Chapter 8: Identification of Problem Areas

• Required component • Derived from placement goals for women and

minorities • Identify which job groups/areas that posed a

concern



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Chapter 9: Action-Oriented Programs

• Required component • OFCCP hotspot • “Good faith efforts” to remedy problem areas

from chapter 8 • Prepare a list of programs that your company

has implemented, planning to implement, and/or currently undertaking in order to achieve diversity in the workforce

• Annually review/update as necessary



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Chapter 10: Internal Audit and Reporting

• Required component • Identify what your company is doing to uphold

chapter 9 • Periodically audit yourself internally • Document actions/steps for success



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Chapter A: Policy Statement

• Required component • Company’s statement of commitment to uphold

Affirmative Action and Equal Employment Opportunity for all

• Must show the U.S. top executive’s full support • Recommended to have U.S. top executive's

signature • Annually reviewed/updated as necessary



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Chapter B: Review of Personnel Processes Chapter C: Physical and Mental Qualifications Chapter D: Reasonable Accommodation to

Physical and Mental Limitations Chapter E: Harassment

• Required components • Annually reviewed/updated as necessary



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Chapter F: External Dissemination of Policy, Outreach, and Positive Recruitment

• Required component • OFCCP hotspot • “Good faith efforts” to positively recruit to

protected veterans and individuals with disabilities

• Prepare a list of programs that your company has implemented, planning to implement, and/or currently undertaking in order to achieve diversity in the workforce

• Annually review/update as necessary



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Chapter G: Internal Dissemination of Policy Chapter H: Audit and Reporting System

• Required components • Annually reviewed/updated as necessary



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Chapter I: Responsibility for Implementation

• Required component • Stating who is responsible for the

implementation of the AAP • What are the commitments for upholding

the AAP? • Annually review/update the responsibilities

listed for each officer as necessary



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Chapter J: Training Chapter K: Data Collection Analysis Chapter L: Compensation

• Required component • Annually review/update as necessary



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• Use a word document that cites the reports as appendices/exhibits

• Narrative prior to reports

Pros and cons?

• Narrative separated and included with the reports Pros and cons?

• Larger companies vs. smaller companies



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• Think outside of the box and DOCUMENT!

• Document and emphasize ALL good faith efforts

• Utilize diverse recruitment agencies

• Advertize in publications

• Attend all local diversity career/job fairs

• Get involved in your community

Hold events to raise money that provides services to ensure that children/adults with disabilities have equal opportunities to live, learn, work, and play

Hold career shadow days to middle/high school students

• Publish in-house recruiting brochures where minority, female, protected veteran, and/or disabled members of the workforce are included



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• Utilize the following organizations that provide services to women and minorities:

American Association of University Women Asian Women’s Self Help Association Dress for Success – Washington, DC Alexandria JobLink Job Corps Center Regional Chambers of Commerce Year Up Transitional Housing BARN, Inc. (BARN)



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• Utilize the following organizations that provide services to protected veterans and individuals with disabilities:

Laurie Mitchell Employment Center ServiceSource Vocational Rehabilitation Department of Rehabilitative Services Military Veteran Centers American Women Veterans Disabled American Veterans Employer Partnership of the Armed Forces Army Career & Alumni Program Veterans Affairs Department Corporate Gray Sheridan Walker – HirePotential



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• Create mentoring programs Create an environment for employees to navigate paths to

connect, learn, and grow The mentee benefits from the program: enhancing the

employee’s understanding of the company, expanding their professional network, opportunities for accelerated learning, and exposure to a variety of career paths

• Encourage employees to actively participate in company-

sponsored social and recreational activities to improve attraction and retention of minority, female, protected veteran, disabled employees This encouragement comes in may forms including awards and

opportunities



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• Provide funding/grants to specialized organizations

geared towards women, minorities, protected veterans, and individuals with disabilities (if budget allows) Have fundraisers

• Initiate carpooling and van programs to drive employees (if budget allows for)



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BIG PICTURE You want to ensure that your policies foster an environment of

inclusion that’s free from barriers for all employees and applicants.



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OFCCP Resources

Employment Referral Resource Directory

(ERRD): https://ofccp.dol-esa.gov/errd/

https://www.dol.gov/ofccp/regs/compliance/resources_recruit_disa

bility.htm

https://www.dol.gov/ofccp/regs/compliance/resources_selfid.htm

https://www.dol.gov/ofccp/regs/compliance/resources_info.htm


http://www.dol.gov/ofccp/regs/compliance/resources_recruit_disability.htm






https://www.dol.gov/ofccp/regs/compliance/resources_selfid.htm

https://www.dol.gov/ofccp/regs/compliance/resources_info.htm


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Veteran Outreach Programs

www.vetjobs.com

www.hirepatriots.com

www.veterans.jobs

www.veteransoutreach.com

Disability and Veterans Community Resources Directory: https://ofccp.dol-esa.gov/errd/entiredirectoryform.html


http://www.vetjobs.com/

http://www.hirepatriots.com/

http://www.veterans.jobs/

http://www.veteransoutreach.com/

https://ofccp.dol-esa.gov/errd/entiredirectoryform.html




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Disability Outreach Programs

www.viscardicenter.org/nbdc *FREE

www.abilitylinks.org *FREE

www.abilityjobs.com

www.gettinghired.com

www.projecthired.org


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In Conclusion


Industry Updates

• Revised EEO-1 Reports

New requirements to report W-2 compensation data and hours

worked (On hold pending review)

File as before, but by new March 31st, 2018 deadline

• Proposed OFCCP Merger with EEOC

White House budget indicated merger

Large resistance by federal contractors, OFCCP and EEOC, equal

rights organizations, etc.

On September 7th, 2017, Senate Appropriations Committee’s

spending bill eliminated the merger


Industry Updates • VETS-4212 Reporting

Date parameters remain the same – “snapshot” employee data

from any payroll period between July 1 – August 31, 2017, and

hires data for 12-month period prior to that selected payroll

period.

Deadline is currently September 30, 2017

Unclear whether the VETS department will adjust the reporting

requirements to align with the new EEO-1

Filing extension until November 15, 2017 for hurricane relief


Upcoming Webinars

September 29 – EEO1

October 19 – OFCCP Audit 101 and Common

Audit Questions

October 26 – Disparity Analysis 101

November 2-3 – AAP Boot Camp

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Visit bcginstitute.org to register!


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