What We Do
Affirmative Action Plan Development
The CRI team works with your staff to collect and analyze all necessary employment data in order to prepare an Affirmative Action Plan as required by Executive Order 11246 and Section 503/38 U.S.C 4212. This AAP will be prepared according to the requirements of 41 CFR 60-1 and 60-2.1 through 60-2.17 for females and minorities and 41 CFR Part 60-741 and 60- for Workers with Disabilities and Covered Veterans. The AAP that we create will provide the flexibility your company needs, and will also meet every standard to make it compliant with the OFCCP’s regulations. As part of the Affirmative Action Plan preparation, we will conduct a “vulnerability audit” to identify potential areas of exposure.Corporate Management Compliance Evaluation
These OFCCP-ordered audits ascertain whether individuals are encountering artificial barriers to advancement within the company. Special attention is given to those components of the employment process that affect advancement into corporate management. To protect your company in the event of a “glass ceiling” audit, we review the representation of minorities and women to ensure equal employment opportunity in development, selection, and treatment of mid-level and senior corporate managers and managerial candidates.
The following are additional services that are an Affirmative Action recordkeeping and monitoring requirement of the Federal Regulations, per CFR 60-2.17, but are not a part of an Affirmative Action Plan.
The 2001 OFCCP regulations introduced compensation analyses as measures of disparate pay between females and males and minorities to non-minorities. Recent legislation has increased the scrutiny of a contractor’s pay practices during an OFCCP audit. The CRI team are trained in the approved statistical analysis methodology and can support and defend your organizational decisions with corroborating salary data.
The OFCCP has formed a Division of Statistical Analysis and has hired expert-level statisticians, to review your compensation. It is mandatory for contractors to perform a self analysis annually. Should compensation discrepancies exist they must be identified and corrected before an audit. Back-pay and make-whole-relief can get very expensive should the DOL/OFCCP direct the company to fix the problem. Once the calculations are completed, we can deliver instructions and direct you as to what defensive arguments are available and what corrective action can be taken. We strongly advise that you have our office perform this analysis within the next six months.
Impact Ratio Analysis
With the recent revisions to CFR 60–2 and the OFCCP’s final rule of the definition of an internet applicant in February of 2006; Impact Ratio Analyses continue to play a major role in the OFCCP’s audit process and have become a mandatory part of the AAP. Last year, OFCCP recovered a record $67.5 million in fines and penalties from federal contractors that, even inadvertently, practice discrimination.
IRA’s are a series of calculations that measure the rates at which females and minorities are selected for employment decisions, which includes, Promotions, Terminations and Applicants to Offers. We apply the two standard deviation test to determine if adverse impact exists. We can perform the analysis or provide you with the information to process the calculations. The EEOC has also launched an initiative to fight systemic discrimination by stepping up its efforts to shatter glass ceilings related to both race and gender. In March of 2006 the EEOC published its Systemic Task Force Report that listed 100 specific action oriented recommendations to enable the EEOC to become more effective in uncovering, fighting and remedying systemic discrimination. It is recommended that IRA’s be performed and job requirements be reviewed to ensure that they are job-related and consistent with business necessity.
Should you retain our office to prepare an AAP, we recommend not only preparing a Plan, but to make sure that it is properly implemented, so that your managers will do well in the event of an on-site audit by OFCCP. When they find that we not only have a Plan, but we have implemented it, the entire OFCCP audit process will go well. Advanced training can and should be done when Glass Ceiling, CMR, or serious Adverse Impact environment exist.
Applicant Screening & Tracking
It is critical that contractors understand their selection process and ensure that their selection process matches their policy. In the event of an OFCCP audit, your practice will be evaluated in accordance with your company’s selection/recruitment policy. In the event that your practice does not match your policy, your practice becomes your policy opening the door to legal issues previously not identified by most contractors. CRI evaluates contractors selection/recruitment practices to identify areas of concern and to ensure that your practice and policy are not in violation of the Uniform Guidelines on Employment Selection Procedures. Our comprehensive evaluation has saved our clients serious exposure in an audit environment.
Affirmative Action Audit Preparation
In the event your company is selected for an Affirmative Action audit, CRI can deploy our audit preparation task force on-site or off-site to organize your defense and prepare your staff. Our services can include executive briefings and management training, pre-audit reviews, design of the audit strategy, and facilitation of the on-site component of the OFCCP audit. We consult with your HR staff and, if necessary, in-house or outside counsel to assure a unified audit strategy and approach. Our experience supporting clients in thousands of OFCCP audits means that you do not have to go into battle alone.
Affirmative Action Training & Implementation
CRI offers a complete training curriculum on issues and procedures for EEO, Affirmative Action, sexual harassment, ethics, and diversity. Training is designed to ensure that policies, procedures, federal requirements, and Affirmative Action goals are disseminated to supervisors, managers, and HR staff.
CRI has developed a series of online e-Learning courseware that provides training to the Human Resource Staff, Managers, Supervisors and Employees. Our courseware includes:
- Sexual harassment training
- Deploying an effective sexual harassment program
- How to conduct a sexual harassment investigation
- Preparing managers for an OFCCP audit
- Understanding the legal definition of an applicant
- How to get sued by writing a reference letter
- How to conduct a Affirmative Action vulnerability test