How to Write an Affirmative Action

Plan

Crystal Gilreath, Employee Relations Specialist

UTHSC, Office of Equity and Diversity

May 8, 2007

A Historical Perspective The earliest legal requirement of equality dates back

to 1866 All people will have the full and equal benefit and

protection of all laws enjoyed by white citizens Modern law was passed in 1964 in the form of the

Civil Rights Act Prohibits discrimination on the basis of race, color, creed,

religion, gender and national origin. Other laws have followed: the Age Discrimination Act

(ADEA), the 1972 Equal Employment Act (created the EEOC), the Rehabilitation Act of 1973, Pregnancy Act and the Vietnam Era Veterans’ Readjustment Assistance Act.

Executive Order 11246Signed by President Johnson in 1965Requires affirmative action in federal

employment as well as federal contractors

Enforced by the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor

Preferential Treatment? “Affirmative Action is not preferential

treatment. Not does it mean that unqualified persons should be hired or promoted over other people. What affirmative action does mean is that positive steps must be taken to provide equal opportunity for those who have been discriminated against in the past and who continue to suffer the effects of that discrimination. For OFCCP, affirmative action is the tool; EOO is the goal.”

OFCCP: Making EEO and Affirmative Action Work, 1979)

Glossary of Terms

What is Included in an Effective AAP?

Practical steps to address underutilization of specific groups

Action-oriented programs Internal auditing and reporting systems

as a means of measuring progress Institutionalizing the contractor’s

commitment to equalityPolicies, procedures and practices that

are/will be implemented

Who Must Prepare an AAP?

The 50-50 Rule: You are required to have an AAP if you have more than 50 employees and supply/service contracts with the government worth more than $50,000.

Getting StartedSelect your plan yearGather your information

Census Data (2000) – www.census.gov Hiring Information Termination Information Employee Information Placement goals

Race, gender/national

origin

Mandatory Components Organizational Profile A job group analysis and the placement of incumbents in job

groups Availability determinations along with a description of the

methodology used to determine availability for the job groups Comparison of incumbency to availability Placement goals, if applicable, and a description of the

methodology used Designation of the responsibility for implementing the AAP In-depth analyses of the employment process that were

conducted to determine if impediments exist and a list of problem areas

Action-oriented programs that will be implemented to correct any problem areas identified and to established goals and objectives

Internal audit and reporting systems that are used to measure the effectiveness of the AAP

Preparing Your Organizational Profile

Presented in the form of either the traditional workforce analysis or the newly introduced organizational display

To get started, consider your racial categories: List of all applicants and every active employee

(including part-time), as of the opening date of your plan year

Includes gender and race or ethnic category

(* White or minority and, if minority, by each minority subgroup: Blacks, Hispanics, Asians/Pacific Islanders, or American Indians/Alaskan Natives)

Organizational Display Identify each organizational unit in your organization Show the relationship of each unit to the other unit in

the organization For each unit, indicate:

Name Job Title, gender, race and ethnicity of the unit supervisor Total number of male and female incumbents Total number of male and female incumbents in each of

the following categories: Blacks, Hispanics, Asian/Pacific Islanders, and American Indians/Alaskan Natives

Workforce Analysis Alternative to the Organizational Display Requires a listing of each job title as it

appears in the payroll records Rank from lowest to highest paid in each

department or other similar unit For each job title, supply:

Total number of people currently holding the job Total number of male and female incumbents in

each of the following minority subgroups: Blacks, Hispanic, American Indian/Alaskan Native, Asians/Pacific Islanders

Wage rate or salary range for each job title

Job Group Analysis First step to comparing minorities and women

in the your workforce with the estimated availability of qualified minorities and women who could be employed

Separately list the % of minorities and the % of women it employs in each job group

Contractors with fewer than 150 employees may use the EEO-1 job categories – all others need to create their own job groups based on: Similar job duties and responsibilities Compensation Opportunities for advancement with the workforce

EEO-1 Categories 01 – Officers and Managers02 – Professionals 03 – Technicians04 – Sales Workers05 – Office and Clerical06 – Craft Workers (Skilled)07 – Operatives (Semiskilled)08 – Laborers (Unskilled)09 – Service Workers

AAP for Minorities and Women

With the information we have already gathered, we are now able to determine if underutilization exists

Your first step: Compare the representation of minorities

and women in its workforce with the estimated availability of minorities and women qualified to be employed.

Availability Analysis

Will produce an estimate of the number of qualified minorities and women available for employment in a given job group (in the form of a %)

Purpose is to establish a benchmark against your workforce is compared in order to determine if barriers to equal employment exist

Two-Factor AnalysisFactors required to be examined in

conducting an availability analysis 1. The % of minorities or women with

requisite skills in the reasonable recruitment area (external factor)

2. The % of minorities or women among those promotable, transferable, and trainable within your organization (internal factor)

Conducting Your Analysis

For each job group, add the number of minorities and women and divide by the number of total number of employees

This will determine the % of available minorities and women within that job group

Job Group Analysis Create the following chart to complete your two-

factor analysis:

XXXXXXXXX (INSERT CHART) Assign value weights – do you recruit more

minorities and women from the reasonable recruitment are or does it recruit more minorities and women by promotion, transfer, and training with your organization?

Weighted Factors Raw Data x Value Weight = Weighted Factors

Incumbency v. Availability If you have found the % of minorities or

women in a particular job group to be less than would be expected, you must establish a placement goal

To establish what would be reasonably expected use one of the following methods: Any Difference Rule – determines whether any difference

exists One Person Rule – determines whether the difference

between available and the actual employment of minorities or women equals more than one person

“80% Rule” (or the ¾ Rule) – Actual employment of minorities or women is less than 80% of their availability

Two Standard Deviations Analysis – Does the difference exceed the two standard deviations test of statistical significance?

Action-Oriented Programs Show your good-faith efforts to establish goals and

objectives to remove barriers, expand opportunities and produce measurable results by: Periodically auditing your organization and measuring the results Monitoring records of all personnel activity, including referrals,

placements, transfers, promotions, termination, and compensation at all levels

Requiring managers to periodically report to you on their efforts to meet EEO goals – review report results with all levels of management

Advise top administration of program effectiveness and submitting recommendations to improve unsatisfactory performance

Establishing Your Placement Goals

Where you determine there to be an underutilization for minorities or women, you must establish placement goals

The % annual placement goal should be at least equal to the availability figure derived for the job group

*Quotas are expressly forbidden

Disparities in Compensation Begin by making sure there are no obvious

differences in compensation for employees who are doing the same job

Determine the average salary fo0r each job group and then average length of service for each job group – compare this to the average salary for each gender group, racial group or ethnicity group in that job group

If there is a statistically significant difference between the job group and the protected group, (and cannot be explained by length of service), a disparity exists

Corrective action should be taken when disparity is determined

Veterans and Individuals with Disabilities

No formal, numerical goal-setting is required Utilize the VETS 100 Report to produce this

portion of the AAP (only required reporting form)

Will include your Affirmative Action Clause Typically submitted as a separate volume of

the AAP because of confidentiality issues – since this document is open for review by the public

Tools to HelpMany software programs are available

for purchaseThe Census Bureau’s website:

www.census.gov The Department of Labor’s website:

www.dol.gov

Questions?