BCG would like to thank all of the people who visited the exhibit hall at the Society for Human Resource Management (SHRM) National Conference in New Orleans, LA. The conference was a huge success with an estimated 10,000 attendees from all over the country and the world.
BCG is happy to announce the winner of our Grand Prize for the conference. Her name is Renee Reynolds from Las Vegas, Nevada. Renee will be receiving an Amazon Kindle! The entire Biddle Consulting team is envious as we would all like to have one of the hot new toys on the market.
Thanks Renee and enjoy from the entire Biddle Consulting Group team!
Friday, July 10, 2009
Thursday, July 2, 2009
NEW Biddle Consulting Group Webinar: Hiring Staff in the Aftermath of the Ricci v. DeStefano Case Decision
On June 29, 2009, the United States Supreme Court ruled that white firefighters in New Haven, Connecticut, were subjected to race discrimination when the city threw out a promotional examination on which white firefighters had done well and black firefighters poorly. The complex 5-to-4 ruling, which reversed an appeals court decision is likely to have a significant impact on the legal landscape and could dramatically affect what employers must do to protect themselves from charges of employment discrimination.
Dr. Dan Biddle, CEO of Biddle Consulting Group, was in attendance during the oral arguments that were presented before the Supreme Court. You are invited to join Dr. Biddle for an informative free webinar that deconstructs the Ricci case and offers insight into what it means to employers.
This webinar is offered through the BCG Institute for Workforce Development (BCGi). As always, this BCGi webinar is free and no product or services will be marketed during the presentation. If you have friends of colleagues who may share an interest in this topic, feel free to pass this webinar invitation to them.
Hiring Staff in the Aftermath of the Ricci v. DeStefano Case Decision
July 24, 2009 | 9:30 a.m. PST | 12:30 p.m. EST
Duration: 1.5 hours
Registration: https://www2.gotomeeting.com/register/288242954
Cost: Free
We look forward to seeing you there!
Dr. Dan Biddle, CEO of Biddle Consulting Group, was in attendance during the oral arguments that were presented before the Supreme Court. You are invited to join Dr. Biddle for an informative free webinar that deconstructs the Ricci case and offers insight into what it means to employers.
This webinar is offered through the BCG Institute for Workforce Development (BCGi). As always, this BCGi webinar is free and no product or services will be marketed during the presentation. If you have friends of colleagues who may share an interest in this topic, feel free to pass this webinar invitation to them.
Hiring Staff in the Aftermath of the Ricci v. DeStefano Case Decision
July 24, 2009 | 9:30 a.m. PST | 12:30 p.m. EST
Duration: 1.5 hours
Registration: https://www2.gotomeeting.com/register/288242954
Cost: Free
We look forward to seeing you there!
Wednesday, July 1, 2009
FINAL RICCI DECISION IS OUT! U.S. SUPREME COURT LEVIES A 5-4 MAJORITY VOTE WITH SHARP DISSENTING OPINIONS
On June 29, the U.S. Supreme Court handed down their 5-4 decision on the Ricci v. DeStefano case. The justices stated the city’s action in discarding the tests violated Title VII of the Civil Rights Act of 1964. The Court applied a "strong-basis-in-evidence" requirement and ruled that the City failed to meet this requirement because "fear of litigation alone" was insufficient to justify throwing out the exam results.
Attend one of BCG's upcoming webinars or attend our National ILG presentation in Atlanta to hear important ramifications this ruling may have for your employment practices!
Attend one of BCG's upcoming webinars or attend our National ILG presentation in Atlanta to hear important ramifications this ruling may have for your employment practices!
Thursday, June 11, 2009
Impact of the 2009 Corporate Scheduling Announcement Letter
by Christi Anthony
Consultant, Biddle Consulting Group
Federal contractors across the country have now likely received their copy of the Spring 2009 Corporate Scheduling Announcement Letter (CSAL) from the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP can list up to 25 additional sites per organization on each CSAL. Many contractors who previously experienced little audit activity are seeing dramatic increases in the number of scheduled audits with each CSAL. Preparing well in advance of submission to the OFCCP is critical to ensure a smooth audit year.
Biddle Consulting Group (BCG) has already supported dozens of audits in the 2009 Fiscal Year. Compared to previous years, the Compliance Officers (COs) are clearly looking at Affirmative Action Plans (AAPs) in more detail. The result of a more thorough review of the AAP is a dynamic increase in the number of follow-up requests by the CO. Compliance Officers are asking for more data, subsets of data, and for explanations of the basic plan components such as creation of placement goals, goal attainment, and much more. Contractors should prepare to answer these detailed questions prior to submitting their AAP..
Below is a list of steps that BCG recommends following once a CSAL is received. Depending on the implementation period of the Affirmative Action Plan (AAP), the plan may already be completed. However, if the CSAL is received while preparing the AAP, the steps to preparing for audit submittal are the same as if the plan is already complete.
1. Review the Data: The first and most important step is to review the data that has been used to create the technical reports of the AAP. The OFCCP focuses their review on identifying systemic disparities and, therefore, investigates adverse impact and compensation with a careful eye. Ensuring that all legitimate data refinements have been made is the first step in preparing the AAP. Questions to consider are: “Was the Internet Applicant Rule applied?” “Are the correct compensation values reported?”
2. Critically Evaluate the Technical Reports: Once the data has been deemed as clean as possible, the second step to prepare for an audit submittal is to critically evaluate the AAP reports. Areas of underutilization should be addressed in the narrative, and should have a specific Action Oriented Program that aims to rectify the underrepresentation. Any significant adverse impact should also be investigated thoroughly. The OFCCP seems to be especially interested in adverse impact in the applicant to hire comparisons and sees adverse impact in hiring as “low hanging fruit”. In past years, this type of adverse impact has been the OFCCP’s most significant money maker . Be sure that the correct applicant pool is being used in comparison to hires made during the transaction period. If there is adverse impact in the overall job group, is there a specific title or requisition that is driving those results? If there is significant adverse impact in terminations, be sure to single out voluntary from involuntary terminations. For voluntary terminations, collect and retain letters of resignation. Review exit interviews for those that were involuntarily terminated and be sure that proper procedures were followed. Be especially critical of those job groups that have underutilization, and also show adverse impact against that same group.
3. Analyze Compensation Using an OFCCP-Style Approach: Analyzing compensation in a manner similar to the OFCCP is important to help contractors know what OFCCP may find. Be sure to prepare your compensation report in the manner that best represents your compensation practices as directly requested in the standard desk-audit letter. The OFCCP runs an initial indicator test to identify any potential for the existence of systemic compensation disparities. If the data includes job groupings that have a 5% difference in pay, has at least 10% of the impacted group effected (females, for example), and that group is effected at a rate three times greater than the less-impacted group (males), then the OFCCP is likely going to request additional data. Be aware that the OFCCP has the right to investigate compensation under any terms, and will often investigate individual titles or groups that have a greater than 5% difference in pay, even if the indicator test does not identify an issue.
4. Get Help: Most importantly, if you do not have the resources to help you prepare to submit AAPs for the identified locations, seek help. Careful preparation is the key element to surviving any audit. A lack of preparation can result in a Notice of Violation, and possibly a conciliation agreement which equates to potentially burdensome costs to the contractor. Preparing at the CSAL stage, and prior to receiving a desk-audit letter, will help organizations position themselves for the best chance of closing an audit at the desk-audit stage.
Preparing for an OFCCP compliance evaluation can be an overwhelming task. Following the steps outlined above can help contractors feel comfortable that they are taking the necessary actions in their preparations and presenting their organization to the OFCCP in the best possible light.
Consultant, Biddle Consulting Group
Federal contractors across the country have now likely received their copy of the Spring 2009 Corporate Scheduling Announcement Letter (CSAL) from the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP can list up to 25 additional sites per organization on each CSAL. Many contractors who previously experienced little audit activity are seeing dramatic increases in the number of scheduled audits with each CSAL. Preparing well in advance of submission to the OFCCP is critical to ensure a smooth audit year.
Biddle Consulting Group (BCG) has already supported dozens of audits in the 2009 Fiscal Year. Compared to previous years, the Compliance Officers (COs) are clearly looking at Affirmative Action Plans (AAPs) in more detail. The result of a more thorough review of the AAP is a dynamic increase in the number of follow-up requests by the CO. Compliance Officers are asking for more data, subsets of data, and for explanations of the basic plan components such as creation of placement goals, goal attainment, and much more. Contractors should prepare to answer these detailed questions prior to submitting their AAP..
Below is a list of steps that BCG recommends following once a CSAL is received. Depending on the implementation period of the Affirmative Action Plan (AAP), the plan may already be completed. However, if the CSAL is received while preparing the AAP, the steps to preparing for audit submittal are the same as if the plan is already complete.
1. Review the Data: The first and most important step is to review the data that has been used to create the technical reports of the AAP. The OFCCP focuses their review on identifying systemic disparities and, therefore, investigates adverse impact and compensation with a careful eye. Ensuring that all legitimate data refinements have been made is the first step in preparing the AAP. Questions to consider are: “Was the Internet Applicant Rule applied?” “Are the correct compensation values reported?”
2. Critically Evaluate the Technical Reports: Once the data has been deemed as clean as possible, the second step to prepare for an audit submittal is to critically evaluate the AAP reports. Areas of underutilization should be addressed in the narrative, and should have a specific Action Oriented Program that aims to rectify the underrepresentation. Any significant adverse impact should also be investigated thoroughly. The OFCCP seems to be especially interested in adverse impact in the applicant to hire comparisons and sees adverse impact in hiring as “low hanging fruit”. In past years, this type of adverse impact has been the OFCCP’s most significant money maker . Be sure that the correct applicant pool is being used in comparison to hires made during the transaction period. If there is adverse impact in the overall job group, is there a specific title or requisition that is driving those results? If there is significant adverse impact in terminations, be sure to single out voluntary from involuntary terminations. For voluntary terminations, collect and retain letters of resignation. Review exit interviews for those that were involuntarily terminated and be sure that proper procedures were followed. Be especially critical of those job groups that have underutilization, and also show adverse impact against that same group.
3. Analyze Compensation Using an OFCCP-Style Approach: Analyzing compensation in a manner similar to the OFCCP is important to help contractors know what OFCCP may find. Be sure to prepare your compensation report in the manner that best represents your compensation practices as directly requested in the standard desk-audit letter. The OFCCP runs an initial indicator test to identify any potential for the existence of systemic compensation disparities. If the data includes job groupings that have a 5% difference in pay, has at least 10% of the impacted group effected (females, for example), and that group is effected at a rate three times greater than the less-impacted group (males), then the OFCCP is likely going to request additional data. Be aware that the OFCCP has the right to investigate compensation under any terms, and will often investigate individual titles or groups that have a greater than 5% difference in pay, even if the indicator test does not identify an issue.
4. Get Help: Most importantly, if you do not have the resources to help you prepare to submit AAPs for the identified locations, seek help. Careful preparation is the key element to surviving any audit. A lack of preparation can result in a Notice of Violation, and possibly a conciliation agreement which equates to potentially burdensome costs to the contractor. Preparing at the CSAL stage, and prior to receiving a desk-audit letter, will help organizations position themselves for the best chance of closing an audit at the desk-audit stage.
Preparing for an OFCCP compliance evaluation can be an overwhelming task. Following the steps outlined above can help contractors feel comfortable that they are taking the necessary actions in their preparations and presenting their organization to the OFCCP in the best possible light.
Friday, May 22, 2009
Utilizing OFCCP Pre-Award Registry to Check for Audit Closures
While attending a recent ILG meeting, Biddle Consulting Group participated in a discussion about the National Pre-Award Registry found on the OFCCP website. The registry allows companies to search for audits that were closed and the contractor was found to be in compliance. In the link below, there is a search function at the bottom where users can type in a company name and if they have any closed audits within the last two years they will be listed. This can be a handy tool for Federal Contractors since audit status is sometimes unknown. Be aware that not all audits appear on this list. For example, administrative closures and audits that are closed because there are no initial indicators of problem areas MAY NOT appear on the list because the associated closure letter indicates that the audit was closed BUT that the contractor was not issued a letter of compliance.
This Registry can be viewed in one of two formats:
There is a search function that allows users to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and
Users can download the entire Registry (about 1 Mb) to their computer. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.
See link below:
http://www.dol-esa.gov/preaward/pa_reg.html
This Registry can be viewed in one of two formats:
There is a search function that allows users to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and
Users can download the entire Registry (about 1 Mb) to their computer. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.
See link below:
http://www.dol-esa.gov/preaward/pa_reg.html
Tuesday, May 19, 2009
BCG Speaking at SHRM National Conference on Adverse Impact
Adverse Impact and the New OFCCP: Analysis Done Right!
Time/Date: Tuesday June 30th 7:00am-8:15am
Presenter: Patrick M. Nooren, Ph.D., Executive Vice President, Biddle Consulting Group, Inc., Folsom, California.
Workplace Application: This session will help you understand the importance of properly analyzing your selection process for adverse impact.
Strategic policy decisions have changed the OFCCP from an organization seeking to advance classical Affirmative Action into an organization seeking to root-out and eliminate systemic disparities in hiring and compensation. This session will update you on the latest analytical strategies for correctly identifying adverse impact and practical ways in which to mitigate potential problem areas.
We look forward to seeing you at the SHRM National Conference this year!
Time/Date: Tuesday June 30th 7:00am-8:15am
Presenter: Patrick M. Nooren, Ph.D., Executive Vice President, Biddle Consulting Group, Inc., Folsom, California.
Workplace Application: This session will help you understand the importance of properly analyzing your selection process for adverse impact.
Strategic policy decisions have changed the OFCCP from an organization seeking to advance classical Affirmative Action into an organization seeking to root-out and eliminate systemic disparities in hiring and compensation. This session will update you on the latest analytical strategies for correctly identifying adverse impact and practical ways in which to mitigate potential problem areas.
We look forward to seeing you at the SHRM National Conference this year!
Friday, May 8, 2009
OFCCP budget increases announced for 2010
The Department of Labor has announced their 2010 budget and the OFCCP has been identified to receive an increase of more than $25 million dollars to enhance their already aggressive enforcement strategies. Included in the budget is the addition of more than 200 full time employeees and a new case mamagement system. See the excerpt below for details.
Secretary Hilda L. Solis unveils U.S. Department of Labor’s budget for fiscal year 2010. View the news brief:
http://www.dol.gov/opa/media/press/oasam/OASAM20090489.htm
View the entire budget brief:
http://www.dol.gov/dol/budget/2010/PDF/bib.pdf
Excerpt from the Budget in Brief regarding the OFCCP budget increase:
"The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility of ensuring that employers doing business with the Federal Government comply with the Equal Employment Opportunity (EEO) and affirmative action provisions of their contracts. The OFCCP administers and enforces three EEO programs: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
The OFCCP carries out its responsibilities by: (1) offering technical assistance to Federal contractors and subcontractors to help them understand the regulatory requirements and review process; (2) conducting compliance evaluations and complaint investigations of Federal contractor and subcontractor personnel policies and procedures; (3) obtaining Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements; (4) monitoring contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports; (5) forming linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers and recommend enforcement actions to the Solicitor of Labor.
The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTE and a new case management system. The additional FTE will support enforcement and outreach efforts related to compensation. Given the complexities of new procedures outlined in the two federal register notices – Interpreting Nondiscrimnation (Standards) and Voluntary Guidelines for Requirements of Executive Order (guidelines), OFCCP needs to place additional emphasis on outreach and training, as well as improving the various approaches and investigative techniques used to evaluate compensation. In addition, the program increase will also support litigation to amplify enforcement activities by funding external experts to verify OFCCP’s allegations and assessments to solidify its commitment to strong enforcement.
In FY 2008, OFCCP made total financial settlements of $67,510,892 in back pay and annualized salary and benefits for a record 24,508 American workers who had been subjected to unlawful employment discrimination. This marks the fourth consecutive year that OFCCP has posted record enforcement numbers."
Secretary Hilda L. Solis unveils U.S. Department of Labor’s budget for fiscal year 2010. View the news brief:
http://www.dol.gov/opa/media/press/oasam/OASAM20090489.htm
View the entire budget brief:
http://www.dol.gov/dol/budget/2010/PDF/bib.pdf
Excerpt from the Budget in Brief regarding the OFCCP budget increase:
"The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility of ensuring that employers doing business with the Federal Government comply with the Equal Employment Opportunity (EEO) and affirmative action provisions of their contracts. The OFCCP administers and enforces three EEO programs: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
The OFCCP carries out its responsibilities by: (1) offering technical assistance to Federal contractors and subcontractors to help them understand the regulatory requirements and review process; (2) conducting compliance evaluations and complaint investigations of Federal contractor and subcontractor personnel policies and procedures; (3) obtaining Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements; (4) monitoring contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports; (5) forming linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers and recommend enforcement actions to the Solicitor of Labor.
The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTE and a new case management system. The additional FTE will support enforcement and outreach efforts related to compensation. Given the complexities of new procedures outlined in the two federal register notices – Interpreting Nondiscrimnation (Standards) and Voluntary Guidelines for Requirements of Executive Order (guidelines), OFCCP needs to place additional emphasis on outreach and training, as well as improving the various approaches and investigative techniques used to evaluate compensation. In addition, the program increase will also support litigation to amplify enforcement activities by funding external experts to verify OFCCP’s allegations and assessments to solidify its commitment to strong enforcement.
In FY 2008, OFCCP made total financial settlements of $67,510,892 in back pay and annualized salary and benefits for a record 24,508 American workers who had been subjected to unlawful employment discrimination. This marks the fourth consecutive year that OFCCP has posted record enforcement numbers."
Subscribe to:
Posts (Atom)
