By Dan A. Biddle, Ph.D
CEO, Biddle Consulting Group
On April 22, 2009, the U.S. Supreme Court (USSC) heard the oral arguments offered by each side in the Ricci v. Destefano testing case. In this case, 18 candidates (17 Whites and 1 Hispanic), who successfully passed two exams for promotion to Lieutenant and Captain positions, are suing the City of New Haven, Connecticut for refusing to certify the exams and make the promotions because the tests had adverse impact (whites scored higher than African-Americans) and were not justifiably valid. The plaintiffs argued that their rights under Title VII and the 14th Amendment Equal Protection Clause were violated.
As with every case that reaches the USSC, this case had a complex history. In the original case, the federal district court granted the defendants’ motion for summary judgment. On appeal, the United States Court of Appeals for the Second Circuit affirmed the lower court’s ruling, reasoning that the City, by refusing to certify the results of the promotional exam, was trying to fulfill its obligations under Title VII (by not moving forward with an invalid test that had adverse impact), and was therefore protected in its actions. By agreeing to hear the case, the USSC is now charged with the difficult task of deciding whether a City can throw out the results of an exam process that they believed (based on a post-administration validity review) would not survive a Title VII validation challenge.
Other critical questions to which the USSC may frame answers include: (1) Do candidates who take a test for a public sector job have a right to expect that the public entity will develop and implement validated selection procedures, regardless of adverse impact? And (2) Will the USSC take this opportunity to redefine “professionally developed tests” as defined in the 8-0 USSC Griggs v. Duke Power Company (401 US 424, 1971) case and allow any test if it is developed professionally to stand regardless of its validity?
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Thursday, April 30, 2009
Monday, April 20, 2009
Good Faith Initiative for Veterans Employment (G-FIVE)
By Criselda Rivet, EEO Analyst
I recently attended the Northern California ILG meeting where the OFCCP Regional Director from the Pacific Coast, William Smitherman, awarded the G-FIVE Award Nomination Recognition to the following companies:
Kaiser Permanente - Oakland, CA
Kaiser Foundation Hospital – Santa Rosa, CA
Roadway Express – West Sacramento, CA
Each recipient discussed their award-winning programs and how they came to be nominated. Their speech consisted primarily of effective action-oriented programs designed to attract women, minorities, veterans and people with disabilities into their workforce while proactively implementing equal employment opportunity. The efforts of the aforementioned Federal contractors resulted in further diversification of the workforce as well as the recognition of the Office of Federal Contract Compliance (OFCCP).
G-FIVE recognizes companies’ best practices and good faith efforts in the advancement and employment of veterans. It is an incentive given to contractors and subcontractors in hiring more veterans. And it is also one way of strengthening the relationship between the OFCCP and the veterans group.
There are two (2) ways to get the G-FIVE nomination. Both of which have to undergo a full compliance audit (i.e., desk audit, onsite, and offsite).
(1) Self-nomination – contractors and subcontractors may submit a written statement addressing their interest in being considered for the nomination.
(2) Recommendation from the OFCCP Regional Directors to the National Office.
Any contractor or subcontractor who receives the recognition will be audit-free from the OFCCP for three years following the date the recipient receives the rating. Please note, if your organization has multiple locations, only the awarded location is exempt from being audited for three years from the date that the award is granted.
G-FIVE recipients will be recognized on OFCCP’s website and will also receive a certificate of recognition.
For more information about G-FIVE Initiative, please visit the OFFCP website at http://www.dol.gov/esa/ofccp/g_five.htm
I recently attended the Northern California ILG meeting where the OFCCP Regional Director from the Pacific Coast, William Smitherman, awarded the G-FIVE Award Nomination Recognition to the following companies:
Kaiser Permanente - Oakland, CA
Kaiser Foundation Hospital – Santa Rosa, CA
Roadway Express – West Sacramento, CA
Each recipient discussed their award-winning programs and how they came to be nominated. Their speech consisted primarily of effective action-oriented programs designed to attract women, minorities, veterans and people with disabilities into their workforce while proactively implementing equal employment opportunity. The efforts of the aforementioned Federal contractors resulted in further diversification of the workforce as well as the recognition of the Office of Federal Contract Compliance (OFCCP).
G-FIVE recognizes companies’ best practices and good faith efforts in the advancement and employment of veterans. It is an incentive given to contractors and subcontractors in hiring more veterans. And it is also one way of strengthening the relationship between the OFCCP and the veterans group.
There are two (2) ways to get the G-FIVE nomination. Both of which have to undergo a full compliance audit (i.e., desk audit, onsite, and offsite).
(1) Self-nomination – contractors and subcontractors may submit a written statement addressing their interest in being considered for the nomination.
(2) Recommendation from the OFCCP Regional Directors to the National Office.
Any contractor or subcontractor who receives the recognition will be audit-free from the OFCCP for three years following the date the recipient receives the rating. Please note, if your organization has multiple locations, only the awarded location is exempt from being audited for three years from the date that the award is granted.
G-FIVE recipients will be recognized on OFCCP’s website and will also receive a certificate of recognition.
For more information about G-FIVE Initiative, please visit the OFFCP website at http://www.dol.gov/esa/ofccp/g_five.htm
Friday, April 17, 2009
How to approach a Reduction in Force (RIF)
by Patrick Nooren Ph.D.
EVP Biddle Consulting Group
Reductions in Force (RIFs)
Given the current state of the economy it’s understandable that many organizations are turning to reductions in force as a way to reduce costs. With this said, it’s important for those same organizations to understand that just like any other employment decision that impacts the terms or conditions of employment, if RIF decisions disproportionately impact a protected group of employees, the rationale behind those decisions must be “job-related for the position in question and consistent with business necessity.” In other words, valid. As an alternative, many organizations are choosing to avoid legal scrutiny altogether (at least for a systemic, disparate impact argument) by simply avoiding RIF decisions that disproportionately impact protected group members. They do so by conducting preliminary “what if” analyses comparing the retention rates of different groups (e.g., men/women, whites/minorities, <40/40+) based upon anticipated layoffs. If those analyses indicate statistically significant disparities, then the organization can either adjust their RIF decisions or compile the necessary information to defend them.
Patrick Nooren Ph.D. and the BCG consulting team have been conducting RIF's and other statistical analyses for EEO Litigation cases and Affirmative Action Plan audits for over 15 years. Go to www.biddle.com or contact us at 1-916-294-4250 for more information.
EVP Biddle Consulting Group
Reductions in Force (RIFs)
Given the current state of the economy it’s understandable that many organizations are turning to reductions in force as a way to reduce costs. With this said, it’s important for those same organizations to understand that just like any other employment decision that impacts the terms or conditions of employment, if RIF decisions disproportionately impact a protected group of employees, the rationale behind those decisions must be “job-related for the position in question and consistent with business necessity.” In other words, valid. As an alternative, many organizations are choosing to avoid legal scrutiny altogether (at least for a systemic, disparate impact argument) by simply avoiding RIF decisions that disproportionately impact protected group members. They do so by conducting preliminary “what if” analyses comparing the retention rates of different groups (e.g., men/women, whites/minorities, <40/40+) based upon anticipated layoffs. If those analyses indicate statistically significant disparities, then the organization can either adjust their RIF decisions or compile the necessary information to defend them.
Patrick Nooren Ph.D. and the BCG consulting team have been conducting RIF's and other statistical analyses for EEO Litigation cases and Affirmative Action Plan audits for over 15 years. Go to www.biddle.com or contact us at 1-916-294-4250 for more information.
Tuesday, April 14, 2009
National ILG meeting coming in July
This year's National ILG conference is being held in Atlanta, GA.
http://www.atlantailg.org/
BCG always recommends attending your local ILG as well as the national conference for an opportunity to network with other contractors that have EEO/AAP responsibilities. The national conference also provides a rare opportunity to hear about the latest EEO initiatives directly from the leaders at OFCCP.
A quote from the website:
"MAKE A DIFFERENCE in an economy where we have learned that partnerships
between employers and government agencies are the key to success.
EXPERIENCE THE DREAM of a diverse workforce where employees work
cohesively together and thrive in a successful environment.
Learn how to make both come true by attending the 27th Annual Industry Liaison Group
National Conference in Atlanta Georgia. No other employer association has a broader base
of constituents focused on EO/AA matters or a more successful partnership with
government agencies. Hundreds of the nation's top human resource executives and
professionals from Fortune 500 companies and small businesses are expected to attend
this annual event."
We will see you there!
http://www.atlantailg.org/
BCG always recommends attending your local ILG as well as the national conference for an opportunity to network with other contractors that have EEO/AAP responsibilities. The national conference also provides a rare opportunity to hear about the latest EEO initiatives directly from the leaders at OFCCP.
A quote from the website:
"MAKE A DIFFERENCE in an economy where we have learned that partnerships
between employers and government agencies are the key to success.
EXPERIENCE THE DREAM of a diverse workforce where employees work
cohesively together and thrive in a successful environment.
Learn how to make both come true by attending the 27th Annual Industry Liaison Group
National Conference in Atlanta Georgia. No other employer association has a broader base
of constituents focused on EO/AA matters or a more successful partnership with
government agencies. Hundreds of the nation's top human resource executives and
professionals from Fortune 500 companies and small businesses are expected to attend
this annual event."
We will see you there!
Monday, April 13, 2009
Diversifying Your Job Posting
By: Chris Lindholm
Director
While most Federal contractors find time to reach out to the standard websites such as Monster or Dice.com in order to post jobs and find qualified applicants, it has now become very important for those same contractors to diversify their search and use lesser known resources to find not only qualified, but valuable employment candidates. While the primary motivation for any employer should be to find the best candidate, there is additional motivation to seek out options that allow a more diverse candidate pool to apply for a job. The Department of Labor is dramatically ramping up efforts through OFCCP audits to ensure that contractors are not just posting jobs to diverse sites, but that the contractor is tracking the results of those efforts. A token effort to post jobs on the non-mainstream sites is no longer good enough. Real efforts to post and track response rates at sites for Disabled and Veterans is being scrutinized heavily, so employers need to begin utilizing sites such as the ones cited below. They are organized and easy to use.
http://www.disaboomjobs.com
http://www.gettinghired.com
http://www.ccienterprises.org
http://www.earnworks.com/
Contractors can use Google and other search engines to find a site that will fit the needs of employers nationwide.
Director
While most Federal contractors find time to reach out to the standard websites such as Monster or Dice.com in order to post jobs and find qualified applicants, it has now become very important for those same contractors to diversify their search and use lesser known resources to find not only qualified, but valuable employment candidates. While the primary motivation for any employer should be to find the best candidate, there is additional motivation to seek out options that allow a more diverse candidate pool to apply for a job. The Department of Labor is dramatically ramping up efforts through OFCCP audits to ensure that contractors are not just posting jobs to diverse sites, but that the contractor is tracking the results of those efforts. A token effort to post jobs on the non-mainstream sites is no longer good enough. Real efforts to post and track response rates at sites for Disabled and Veterans is being scrutinized heavily, so employers need to begin utilizing sites such as the ones cited below. They are organized and easy to use.
http://www.disaboomjobs.com
http://www.gettinghired.com
http://www.ccienterprises.org
http://www.earnworks.com/
Contractors can use Google and other search engines to find a site that will fit the needs of employers nationwide.
NEW! BCGi Advanced EEO Compliance Series
NEW! BCGi Advanced EEO Compliance Series
The Biddle Consulting Group Institute for Workforce Development (BCGi) will be presenting a series of webinars covering EEO and Affirmative Action compliance. This series will go beyond the basics of OFCCP compliance topics and methodology as it relates to topics such as audit strategies, compensation analysis, test validation, selection strategies, EEO statistics, and how recent legislation affects the industry.
The Advanced EEO Compliance Series is a compilation of five (5) webinars. The registration fee for each webinar is $59 or $250 if you register for all five at the same time. Upon registering online, you will receive an email regarding the payment due. Registrants will receive a webinar access code when payment is received.
Biddle Consulting Group, Inc. is a HRCI approved provider.
SESSION ONE: Compensation Analysis and Recordkeeping in the Age of Ledbetter
May 6, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/593492837
The Office of Federal Contract Compliance Programs (OFCCP) continues to prevail against employers who fail to ensure that their selection and compensation practices are valid, fair, and consistently applied. The OFCCP continues to focus on bringing together highly competent statistical staff to assist them in their compliance oversight efforts.
With respect to compensation, the OFCCP relies on a multi-tiered approach with the goal of applying multiple regression wherever possible to determine whether differences in compensation are due to “legitimate” factors or may be evidence of discrimination.
As a result of the Lilly Ledbetter Fair Pay Act which was signed into law in January 2009, there is likely to be a significant increase in the scrutiny employers face with respect to their compensation practices. Employers should begin to plan and implement strategies to protect themselves and ensure that their compensation practices are fair and supportable.
Join Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group and Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for this informative webinar. You will learn about how to design, conduct, and interpret a multiple regression analysis of compensation, how to calculate the amount needed to eliminate disparities, record keeping requirements, and issues to consider when preparing for an OFCCP compensation audit.
SESSION TWO: EEO Statistics: Advanced Techniques For Ensuring Fairness And Regulatory Compliance
May 13, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/200722549
The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) have dramatically increased the level of scrutiny to which they expose employer workforce data. Due to the success they have had in winning damages and back pay by relying on advanced statistical analysis, this trend is certain to continue.
Employers, in order to both protect themselves as well as comply with the spirit of EEO, will greatly benefit from a thorough knowledge of the various statistical techniques applied to EEO analysis.
Join Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the OFCCP’s analytical strategies for analyzing employer data, the specific statistical tests that should be applied to analyzing all phases of the hiring, promotion, and reduction in force process. You will learn about the strengths and limitations of each statistic, how to calculate them and how to interpret the findings. Finally, you will learn about strategies to help maintain a fair and productive workforce while reducing legal exposure.
SESSION THREE: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906
Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.
SESSSION FOUR: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906
Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.
SESSION FIVE: Advanced Audit Strategies: Preparing for the Worst
June 3, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/129016985
It has been said that “those who fail to plan, plan to fail.” One of the most effective things that an employer can do to ensure compliance with the letter and spirit of EEO legislation and to protect themselves from compliance-related legal exposure, is to plan for the possibility of an OFCCP compliance audit.
Join Chris Lindholm, EEO/AA Director at Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the primary mistakes that employers make that result in OFCCP audits as well as specific strategies for both avoiding audits where possible and for dealing with them when they occur. You will also learn about changes that you should implement due to recent laws and court cases with will increase you chance of prevailing in employment-related litigation.
Sessions start soon, sign up today!
Contact: Angela Wiley
Phone: 1-916-294-4250 x172
E-Mail: awiley@biddle.com
The Biddle Consulting Group Institute for Workforce Development (BCGi) will be presenting a series of webinars covering EEO and Affirmative Action compliance. This series will go beyond the basics of OFCCP compliance topics and methodology as it relates to topics such as audit strategies, compensation analysis, test validation, selection strategies, EEO statistics, and how recent legislation affects the industry.
The Advanced EEO Compliance Series is a compilation of five (5) webinars. The registration fee for each webinar is $59 or $250 if you register for all five at the same time. Upon registering online, you will receive an email regarding the payment due. Registrants will receive a webinar access code when payment is received.
Biddle Consulting Group, Inc. is a HRCI approved provider.
SESSION ONE: Compensation Analysis and Recordkeeping in the Age of Ledbetter
May 6, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/593492837
The Office of Federal Contract Compliance Programs (OFCCP) continues to prevail against employers who fail to ensure that their selection and compensation practices are valid, fair, and consistently applied. The OFCCP continues to focus on bringing together highly competent statistical staff to assist them in their compliance oversight efforts.
With respect to compensation, the OFCCP relies on a multi-tiered approach with the goal of applying multiple regression wherever possible to determine whether differences in compensation are due to “legitimate” factors or may be evidence of discrimination.
As a result of the Lilly Ledbetter Fair Pay Act which was signed into law in January 2009, there is likely to be a significant increase in the scrutiny employers face with respect to their compensation practices. Employers should begin to plan and implement strategies to protect themselves and ensure that their compensation practices are fair and supportable.
Join Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group and Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for this informative webinar. You will learn about how to design, conduct, and interpret a multiple regression analysis of compensation, how to calculate the amount needed to eliminate disparities, record keeping requirements, and issues to consider when preparing for an OFCCP compensation audit.
SESSION TWO: EEO Statistics: Advanced Techniques For Ensuring Fairness And Regulatory Compliance
May 13, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/200722549
The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) have dramatically increased the level of scrutiny to which they expose employer workforce data. Due to the success they have had in winning damages and back pay by relying on advanced statistical analysis, this trend is certain to continue.
Employers, in order to both protect themselves as well as comply with the spirit of EEO, will greatly benefit from a thorough knowledge of the various statistical techniques applied to EEO analysis.
Join Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the OFCCP’s analytical strategies for analyzing employer data, the specific statistical tests that should be applied to analyzing all phases of the hiring, promotion, and reduction in force process. You will learn about the strengths and limitations of each statistic, how to calculate them and how to interpret the findings. Finally, you will learn about strategies to help maintain a fair and productive workforce while reducing legal exposure.
SESSION THREE: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906
Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.
SESSSION FOUR: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906
Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.
SESSION FIVE: Advanced Audit Strategies: Preparing for the Worst
June 3, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/129016985
It has been said that “those who fail to plan, plan to fail.” One of the most effective things that an employer can do to ensure compliance with the letter and spirit of EEO legislation and to protect themselves from compliance-related legal exposure, is to plan for the possibility of an OFCCP compliance audit.
Join Chris Lindholm, EEO/AA Director at Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the primary mistakes that employers make that result in OFCCP audits as well as specific strategies for both avoiding audits where possible and for dealing with them when they occur. You will also learn about changes that you should implement due to recent laws and court cases with will increase you chance of prevailing in employment-related litigation.
Sessions start soon, sign up today!
Contact: Angela Wiley
Phone: 1-916-294-4250 x172
E-Mail: awiley@biddle.com
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