EEO & AAP Services
Audit Ready AAPs include all required reports and narratives, including: minorities, women, protected veterans, and individuals with disabilities, analyses of personnel activity data (applicants and hires, promotions, terminations) and compensation. For multiple locations, our AAPs include an executive summary to provide a companywide view of the AAP results. Secure data transfer procedures including encryption are in place to protect your company’s employee data. Our Consultants regularly check data consistency to ensure an accurate representation of the workforce and employment activity. Our AAPs have achieved 100% technical compliance in OFCCP audits with letters of compliance in many cases.
Our Audit-ready AAPs include the following reports:
- Organizational/Workforce Profile
- Job Group Analysis
- Availability Analysis
- Utilization Analysis
- Identification of Potential Problem Areas
- Corrective Action
- EEO Policies for Executive Order 11246, §4212, and §503
- Customized AAP Language
- Adverse Impact Analyses
- Materials for Managers, Recruiters, and Vendors
- Provide Unlimited Technical Assistance via Teleconference and Email
- Train Company Representatives on AAP Report Production
EEO Consultants will also serve as your strategic partner throughout the year to help your company implement the plan. Our consultants are available to answer questions and will continue to provide your company’s HR representatives with advice on how to stay compliant and prepared. Our AAP experts can conduct analyses on your personnel activity mid-year if needed, consult on the policies and procedures, recommend recruitment strategies, and help with compliance dissemination. By partnering with EEO Consultants you have the peace of mind of having a full-time affirmative action expert on your team to help ensure a successful outcome and limit potential liability exposure.
EEO Consultants will design and implement an AAP in compliance with the current regulations set forth, at Title 41 C.F.R. Part 60 under the Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended and Section 4212 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended to include the following:
- Determine jurisdiction as a covered contractor or subcontractor
- Develop/update current affirmative action plans on an annual basis
- Review and analyze employee data, correct job titles/job groups/EEO-1 categories
- Review company’s definition of an applicant / application process to ensure compliance
- Review company’s hiring procedures and potential adverse impact on protected groups
- Ensure compliance with recordkeeping requirements
- Include EEO-1 and VETS-4212 reports
- Conduct Adverse Impact Analyses
- Conduct compensation analyses
- Conduct Internal audits to ensure AAP/EEO compliance if necessary
- Review employment tests for validation
- Draft Functional affirmative action plans if necessary
- Implement Affirmative action plans for multiple facilities
- Provide Defenses with regard to OFCCP investigations and audits
- Respond to allegations of individual or systemic discrimination where indicated
- Negotiate conciliation agreements and NOVs
- Train in-house personnel on satisfying applicable AAP/EEO requirements and avoiding violations of anti-discrimination laws
- Providing guidance on changes in the AAP/EEO laws and regulations
State and Local Affirmative Action
EEO Consultants can also provide State and Local AAPs. Various local County government, municipalities and States also have specific Affirmative Action Plan requirements. An estimated 28 states have passed some form of their own laws requiring the development of AAPs for State employers and or apprenticeship programs. For example, companies doing business with the city of St. Paul are required to file their AA/EEO Semi-annual compliance report and register the AAPs with the City’s Department of Human Rights & Equal Economic Opportunity. The report is due twice a year at 6-month intervals. Failure to report can subject the company to disciplinary/remedial actions including imposition of contractual conditions provided for under Section 183 of the Saint Paul Legislative Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment, including: imposition of contractual conditions to correct noncompliance, suspension or termination of a contract, and ineligibility to bid on future City contracts. Minnesota Department of Human Rights likewise requires an annual compliance report which is due each year of the company’s 4-year certification period.
Audit-Ready AAP™ software allows a company representative to draft an Affirmative Action Plan that complies with all federal government requirements with a cost-effective customized program. The Audit-Ready AAP™ is a 3-step solution to creating a compliant plan that runs on most operating systems and runs on your company network or a local computer. Critical company data can be stored on the company’s internal network and or in the cloud at the company’s discretion. All reports stored in the cloud are encrypted to ensure your data security.
Audit-Ready AAP™ software reports can be customized with your company’s logo, using current U.S. Census data with several templates to choose from including but not limited to;
- E.O. 11246, as amended, and the implementing regulations at 41 CFR Chapter 60,
- Individuals with Disabilities under Section 503 of the Rehabilitation Act of 1973, as amended,
- Veterans under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.
All narrative reports are customizable and can be edited, combined to create an unlimited number of templates with custom content and the statistical analyses apply a variety of testing options.
- Automatic updates install silently
- 100% Compliant Reports
- AAP for women, minorities, protected veterans and individuals with disabilities
- Easy import of employee and personnel data
- No additional modules required
- Easy to Read
- Current Plan Year Analysis
- Publish Your AAP To Multiple Formats Including PDF, Word and Excel
- Easy Mid-Year Updates
- Executive Summary Report
- Compensation Analysis, Including Salary Regression and Cohort
- All Census Areas Included
- Unlimited Custom Census Areas
- Automatically Assign Census Codes to Job titles
- IPEDS Educational Data Included
- Data Is Stored Locally or in the cloud at company discretion
- All data is encrypted
- Personal Support Via Phone, Internet Chat, Email
- Training Available
- Audit Guidance
- Publish Plans and Documents for All Locations with One Click
- Company Logos, Watermarks, PDF Password Protection
- Automatically Creates Weighted Census Areas and Promotion Feeder Groups for Underutilization Reporting
- Selectively view jobs, job groups, and departments that are assigned to employees
- Functional Affirmative Action Plan (FAAP) Capable
- EEO-1 Reporting and Upload File Creation
In recent years the OFCCP has increased enforcement efforts and handling audits requires specialized experience and skill. By working with EEO Consultants the company gains AAP specialists who handle OFCCP audits on a routine basis and can predict and address agency requests with ease. EEO Consultants will provide a complimentary review of your company’s plan to make any recommendations or updates prior to submission. During the audit, our Consultants will provide your company’s representative with updates and guidance to keep you informed of the audit progress, any issues that arrive and lessen any negative results from OFCCP findings. From the time you receive a scheduling letter for an on-site evaluation, our AA experts will walk you through the process, prepare all reports, and serve as your support through the audit. If requested, EEO Consultants can also provide a mock-audit to ensure complete compliance before you ever receive a review letter and to help prepare you and your staff for what to expect.
EEO Consultants’ audit support services include:
- Review current AAP;
- Provide summary of areas of concern and recommendations;
- Prepare audit responses designed to limit corporate liability, and OFCCP inquiry;
- Provide OFCCP with support data as needed;
- Run additional reports for areas where adverse impact, underutilization and or underrepresentation/concentrations are identified;
- Report to Senior Management/HR for onsite visits and communicate corporate policies;
- Review of current practices and recommendations for complete compliance;
- Handle all correspondence with OFCCP;
- Assist with negotiations for audit findings and any reporting requirements;
- Negotiate findings and impletation.
EEO-1 & VETS-4212
EEO Consultants can provide the company with EEO-1 and VETS-4212 report. For all employers with over 100 employers and federal contractors with $50,000 in contracts and 50 or more employees must file these reports annually. The reports summarize the number of employees at each establishment, categorized by race/ethnicity, gender and by EEO-1 category. In addition, the Veterans Employment and Training Services require that all federal contractors submit the VETS-4212 report annually. This report provides the number of Veterans employed at each establishment by Veteran status and EEO-1 category. Both of these reports should also be included in the company’s affirmative action plan.
EEO Consultants can file your company’s Establishment and Consolidated Department of Fair Employment and Housing, (DFEH), California Pay Data Reporting requirements. All California employers of 100 or more employees must report pay and work hours by establishment, job group, gender, race, and ethnicity to the DFEH by March 31, 2021, and annually thereafter, under Government Code Section 12999 enacted in SB 973. These requirements apply to all private employers with 100 or more employees who are required to file an EEO-1 with the EEOC, and counts employees both inside and outside of California, as well as, remote employees to reach 100 employees. Employers can be subject to penalties for noncompliance including covering all costs associated with seeking an order for compliance.
EEO Consultants offers our customized training programs as both onsite, e-learning or scheduled webinars tailored to include your company’s policies and procedures as well as covering a variety of compliance topics. Training program formats can also be combined depending on the make-up and locations of the workforce. This helps meet work and time schedule restraints by providing the training online or through scheduled webinars to employees who are not geographically centralized while providing more specialized onsite training for managers and or professionals. The #MeToo movement has fueled the necessity for corporations to develop inclusive cultures in the workplace. Several states now require that private employers provide sexual harassment prevention training including NY, CA, CT, DE, IL, ME, as well as NYC. EEO Consultants offers courses customized to your company’s industry and budget that meet local, State and Federal requirements while still engaging employees on their professional responsibilities. EEO Consultants’ management program discusses federal and state statutory provisions prohibiting sexual harassment in the workplace where the employer is required to comply. The course complies with all State and Federal statutes, including “Title VII of the Civil Rights Act of 1964, as amended. The training is designed using actual case law examples and focuses on subtle issues such as comments of a sexual nature, personal space, email, social media and jokes. This provides employees with real life illustrations of how sexual harassment can disrupt the workplace, cause employee conflicts, and create liability for an organization whether the employee believes it to be offensive or not.
Courses are fun and interactive and designed to promote learning and keep participants interested while informing them of their personal and professional responsibilities, and potential liability for workplace misconduct. The course includes actual examples of harassing behavior to assist in retention of the materials, and incorporates materials on the particular topics covered that can be saved for later review.
EEO Consultants offers a wide range of training including affirmative action training for recruiters, managers and others involved in the personnel process to meet OFCCP’s dissemination requirements including the requirements of Executive Order 11246, as amended, The Vietnam Era Veteran Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, as amended. Employers can take advantage of the ease of customizing these courses to implement programs across their company on a variety of topics including:
- Sexual Harassment Training
- Diversity & Sensitivity Training
- LGBTQ Rights
- Affirmative Action
- Race and Gender Discrimination Training
- National Origin & Religious Discrimination Training
- ADA, 503 of the Rehabilitation Act of 1973
- Age Discrimination Training
- Sexual Orientation Discrimination Training
- Equal Employment Opportunity Training
- Stopping Violence in the Workplace
- Nondiscrimination in Recruitment, Selection and Hiring
- Harassment, Theft and Drug Workplace Investigations
- 4212 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974
- Government Compliance Audits including OFCCP, Wage & Hour, EEOC, OSHA, local & state agencies
EEO Consultants conducts fact-based EEO complaint investigations for corporate and government organizations to ensure the process is handled promptly, thoroughly and in an unbiased manner. Our former compliance officers and professional staff perform discrimination and harassment grievance investigations based on race, color, religion, national origin, gender, age, mental or physical disabilities or reprimand or reprisal complaints. The investigators act as fact-finders obtaining relevant information to assess the allegations of employee misconduct in order to determine whether the action was in fact discriminatory. Investigations are completed promptly and clients are provided with a summary of findings and recommendations for any further action if needed, providing the organization with an neutral opinion based solely on the facts related to the allegations. By having an impartial party conduct the investigation, and by providing the organization with a detailed report on those findings, the organization can document its good faith efforts to look into the allegations and bring about a quick resolution based on those findings.
Trusted by organizations large & small, public & private
Are you prepared for your next compliance audit?
Cindy Mattson, J.D., President & CEO
1700 Meridian Avenue, Suite 403, Miami Beach, FL 33139