Affirmative Action Plan Development

The CRI team works with LMI’s staff to collect and analyze all necessary employment data and review your current policies and procedures.   Preparation of an AAP as required under Executive Order 11246 prepared according to the requirements of 41 CFR 60-1 and 60-2.1 through 60-2.17 and preparation of an AAP per Section 503/38 U.S.C 4212 prepared for Workers with Disabilities and Covered Veterans prepared according to 41 CFR Part 60-741 and 60-250.  Then, we create an AAP that provides the flexibility your company needs, yet also meets every standard to make SSIOFCCP compliant.  We further conduct a “vulnerability audit” to identify potential areas of exposure.

Corporate Management Compliance Evaluation

These OFCCP-ordered auditsascertain 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.  

Additional Analysis

Although not specifically included in the AAP, CRI provides additional analysis and services recommended by federal guidelines to deliver the best EEO-AAP solution for our clients.  The following are additional services that are an Affirmative Action record keeping and monitoring requirement of the Federal Regulations, per CFR 60-2.17, but are not a part of an Affirmative Action Plan.

• Compensation Analysis- 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 contractors 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 modified its standard for identifying Systemic Compensation Discrimination and as replaced the DuBray Analysis with the Multiple Regression Technique.  The OFCCP has also formed a Division of Statistical Analysis and has hired expert-level statisticians, to review your compensation.

The new guidelines now make it 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 Analysis 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.

Training

Should you retain our office to write an AAP, we need not only to write 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 match 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.

Employment, Aptitude, and Behavioral Assessments

Whether you want to upgrade your employee development initiatives for competitive gain or to demonstrate proactive efforts to improve past compliance issues, CRI’s aptitude and behavioral testing expertise can ensure you get the most out of your workforce, and that employees are able to rise to their highest level of competence.

A recent study by McKinsey & Company revealed that ‘A’ performers tend to be 50-100% more productive than ‘C’ performers.  To identify a company’s top performers, CRI utilizes The Achiever, a unique test that combines mental and personality measurement in one assessment.  The Achiever’s scoring system easily relates scores to the job requirements by means of a benchmark of successful performers. 

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- 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.

Online E-Learning

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
• Diversity
• 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