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Get Real About Your GoodFaith Efforts: What TheOFCCP Really Expects FromEmployersJanine N. Truitt#LASHRM14#RealGFE #goodfaith
What will I take away from this session?You will learn:Where the OFCCP is headed and how it will impactyou 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 tocomply with OFCCP regulations in a meaningful way.o#LASHRM14#RealGFE #goodfaith
A Little History on OFCCP Image courtesy of: Utah.gov#LASHRM14#RealGFE #goodfaith
The Founding Fathers of OFCCPComplianceDid you know?o The first executive order (EO 8802) was signed intolaw by FDR in 1941.o A decade later President Truman signs EO 10308 forthe oversight of federal contractor compliance withnon-discrimination provisions of EO 8802.#LASHRM14#RealGFE #goodfaith
The Founding Fathers of OFCCPComplianceDid you know?ooIn 1953, President Eisenhower signed EO 10479 furthering the principlethat federal contractors had to comply with the US EEO program throughthe appointment of an actual committee.March 6, 1961, EO 10925 is signed by President Kennedy ensuring thatgovernment contractors take “affirmative action” that applicants areemployed regardless of race, creed, color, or national origin.Via “History of EO 11246” DOL.gov#LASHRM14#RealGFE #goodfaith
Vision for a “Great Society” via Lyndon B.Johnson“We seek not just freedom but opportunity.We seek not just legal equity, but humanability, not just equality as a right and atheory but equality as a fact and equality asa result.”#LASHRM14#RealGFE #goodfaith
The Current Focus of OFCCPEducating workers about their rights.o Inspecting workplaces to make sure they are free ofdiscrimination.o Securing good job opportunities for victims ofdiscrimination.o Recovering back wages, interest and benefits foraffected workers.o Changing bad employment policies and practices tokeep discrimination from happening again.oVia “The Director’s Corner” at dol.gov#LASHRM14#RealGFE #goodfaith
September 2013 OFCCP SettlementsHonest mistakes or blatant discrimination?Case No. 2013-OFC-0004Medtronic Interventional Vascular Manufacturing Facility isordered to pay 290,000 plus interest to 78 entry-levelHispanic workers.Bank of America ordered to pay out 2.2 million dollars toover 1,100 unsuccessful African-American applicants in1993 and years 2002-2005.Case No. 2012-OFC-00006 100,000 and other relief awarded to 198 female applicantsin a hiring bias case with C & S Wholesale Groceries.Via “Outsolve-HR.com” and DOL.gov#LASHRM14#RealGFE #goodfaith
Social Responsibility Vs “ I will proactively seek outand hire minorities, females,veterans, and differently-abledindividuals regardless of myaffirmative action goals.” “I will ensure that we screenand interview all candidatesthat are best qualified to fillour positions regardless ofrace, creed, color, nationalorigin etc.”.Compliance “I will hire just enoughminorities, females, veteransand differently-abled to satisfymy affirmative actionrequirements.” “ I will screen and interview atleast one or more personsother than the candidate Ireally want to show “good faitheffort.”Is it better to be “proactive “or “reactive “?#LASHRM14#RealGFE #goodfaith
Good Faith EffortHow “good” are your efforts?Image courtesy of “Wikipedia”#LASHRM14#RealGFE #goodfaith
GFE’s in the PresentGFE’s in the Past Blast all jobs through diversitycompliance vendor or handlemanually with no checks andbalances.Less emphasis on the viabilityand type of GFE.As long as your jobs were postedon state ESDS you werecompliant.Less emphasis on differentlyabled and veteran demographics. Blasting your jobs through adiversity compliance vendor isbest, but you must have a way tocheck the efficiency of the efforts.Quality over quantity. Be moreintentional about your outreach,numbers are less of a concern.Real partnerships between ESDSand other outreach partners.Big push for outreach to veteransand differently-abled populations.#LASHRM14#RealGFE #goodfaith
OFCCP GFE Checklist Review your diversity outreach efforts regularly. Evaluate which GFE’s are working and get rid ofthosethat are not providing ROI. Make sure you have sent your letters to all of yourESDS to ensure you are compliant with the newruling. Research diverse community organizations andevents- and get involved. Don’t stop making the effort because you have metunderutilization goals.#LASHRM14#RealGFE #goodfaith
Any Questions?Thank you for attending!Contact me at talentthinkinnov@gmail.com or talentthinkinnovations.comConnect with me on LinkedIn, Twitter @CzarinaofHR, G - I’m everywhere!#LASHRM14#RealGFE #goodfaith
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.
