Transcript
Page 1: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

Get Real About Your Good Faith Efforts: What The

OFCCP Really Expects From Employers

Janine N. Truitt

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#RealGFE #goodfaith

Page 2: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

What will I take away from this session?

You will learn:

o Where the OFCCP is headed and how it will impact

you as a HR Practitioner.

o The difference between “social responsibility” and

“compliance”.

o What a “real” good faith effort looks like.

o Best practices you can implement that allow you to

comply with OFCCP regulations in a meaningful way.

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Page 3: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

A Little History on OFCCP…

Image courtesy of: Utah.gov

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Page 4: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

The Founding Fathers of OFCCP

Compliance Did you know? o The first executive order (EO 8802) was signed into

law by FDR in 1941.

o A decade later President Truman signs EO 10308 for the oversight of federal contractor compliance with non-discrimination provisions of EO 8802.

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Page 5: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

The Founding Fathers of OFCCP

Compliance Did you know? o In 1953, President Eisenhower signed EO 10479 furthering the principle

that federal contractors had to comply with the US EEO program through the appointment of an actual committee.

o March 6, 1961, EO 10925 is signed by President Kennedy ensuring that government contractors take “affirmative action” that applicants are employed regardless of race, creed, color, or national origin.

Via “History of EO 11246” DOL.gov

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Page 6: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

“We seek not just freedom but opportunity.

We seek not just legal equity, but human

ability, not just equality as a right and a

theory but equality as a fact and equality as

a result.”

Vision for a “Great Society” via Lyndon B.

Johnson

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Page 7: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

The Current Focus of OFCCP

o Educating workers about their rights.

o Inspecting workplaces to make sure they are free of

discrimination.

o Securing good job opportunities for victims of

discrimination.

o Recovering back wages, interest and benefits for

affected workers.

o Changing bad employment policies and practices to

keep discrimination from happening again.

Via “The Director’s Corner” at dol.gov

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Page 8: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

September 2013 = OFCCP Settlements Honest mistakes or blatant discrimination? Case No. 2013-OFC-0004

Medtronic Interventional Vascular Manufacturing Facility is

ordered to pay $290,000 plus interest to 78 entry-level

Hispanic workers.

Bank of America ordered to pay out 2.2 million dollars to

over 1,100 unsuccessful African-American applicants in

1993 and years 2002-2005. Case No. 2012-OFC-00006

$100,000 and other relief awarded to 198 female applicants

in a hiring bias case with C & S Wholesale Groceries.

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#RealGFE #goodfaith

Via “Outsolve-HR.com” and DOL.gov

Page 9: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

Is it better to be “proactive “or “reactive “?

Social Responsibility Compliance

“ I will proactively seek out

and hire minorities, females,

veterans, and differently-abled

individuals regardless of my

affirmative action goals.”

“I will ensure that we screen

and interview all candidates

that are best qualified to fill

our positions regardless of

race, creed, color, national

origin etc.”

“I will hire just enough minorities, females, veterans and differently-abled to satisfy my affirmative action requirements.”

“ I will screen and interview at least one or more persons other than the candidate I really want to show “good faith effort.”

Vs

.

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#RealGFE #goodfaith

Page 10: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

Good + Faith+ Effort

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#RealGFE #goodfaith Image courtesy of “Wikipedia”

How “good” are your efforts?

Page 11: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

GFE’s in the Past

GFE’s in the Present

Blast all jobs through diversity

compliance vendor or handle

manually with no checks and

balances.

Less emphasis on the viability

and type of GFE.

As long as your jobs were posted

on state ESDS you were

compliant.

Less emphasis on differently-

abled and veteran demographics.

Blasting your jobs through a diversity compliance vendor is best, but you must have a way to check the efficiency of the efforts.

Quality over quantity. Be more intentional about your outreach, numbers are less of a concern.

Real partnerships between ESDS and other outreach partners.

Big push for outreach to veterans and differently-abled populations.

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Page 12: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

OFCCP GFE Checklist

Review your diversity outreach efforts regularly.

Evaluate which GFE’s are working and get rid of those that are not providing ROI.

Make sure you have sent your letters to all of your ESDS to ensure you are compliant with the new ruling.

Research diverse community organizations and events- and get involved.

Don’t stop making the effort because you have met underutilization goals.

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Page 13: Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

Any Questions?

Thank you for attending!

Contact me at [email protected] or talentthinkinnovations.com

Connect with me on LinkedIn, Twitter @CzarinaofHR, G+- I’m everywhere!

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