Affirmative Action Plans

AFFIRMATIVE ACTION PLANS

OFCCP STANDARDS

Charles R. Mann Associates, Inc. provides the complete Affirmative Action Plan (AAP), support for ongoing implementation and monitoring efforts, or any components needed to complete client plans.

Our clients range from small single location companies to national companies with thousands of locations. They also include federal agencies and state and local governments and agencies. We have prepared Affirmative Action Plans on unit, regional and national bases in order to assure reasonable cost and implementation levels, and we have developed custom software to permit in-house development of specialized plans.

Among our major clients are law firms. We prepare Affirmative Action Plans for both the firms themselves and, in cooperation with them, for their clients.

AAP components include Organizational Profile, Job Group Analysis, and Estimated Availability, Comparison of Incumbency to Availability, Placement Goals, Salary Analysis, and Adverse Impact Analysis. Additional analyses may include Glass Ceiling Analysis, or Reduction in Force (RIF) Analysis.. We also prepare other required reports such as EEO-1 Reports and EO Surveys, as well as customized monitoring reports or tables.

The Organizational Profile can be prepared in either of two specified formats: an organizational display or a workforce analysis. We prepare either report for your AAP from data provided in any format from hard copy to computer files.

We begin with a list of your job titles and aggregate them as required by the OFCCP into groups of similar content, wage rates, and opportunities. Our vast experience with occupational classifications allow us to do this efficiently and with minimum client effort. Our sophisticated statistical approach to utilization analysis also enables us to use job groups of any size; i.e. there is no need to form an artificial group containing non-similar job titles.

= Estimated Availability ====================

Estimated availability rates are estimates of the percentage of qualified minorities or women in a given job group. They consider both external and internal factors. (These two factors replace the eight-factor analysis previously required.)

The external availability component is an estimate of the proportion of minorities and females among those in the civilian labor force with requisite skills in the reasonable recruitment area for each job group. Using a variety of government and private data sources, we have developed procedures for obtaining external availability rates for employers ranging from corporate giants to small businesses, and from municipal governments to entire federal agencies. We have developed external estimated availability rates using data from the Bureau of the Census, the Equal Employment Opportunity Commission, the Department of Education and other data sources both directly and through the implementation of complex interpolation. We will also assist you in identifying the reasonable recruitment areas for your job groups and can geographically tailor the data to best fit your establishments.

The internal availability component is an estimate of the proportion of minorities and females who are considered to be promotable, transferable, or trainable within your organization for each job group. We work closely with our clients to develop these estimates without much time or effort on their part.

We incorporate the external and internal data into estimated availability rates, which are used in utilization analysis as well as in monitoring reports and other statistical analysis for use in litigation.

= Comparison of Incumbency to Availability =========

The comparing of the percentage of minorities and women in each job group with the estimated availability was previously called the utilization analysis. Our proprietary Statistical Underutilization Analysis (STATUA^©) software minimizes legal exposure while maximizing the utility and effectiveness of your Affirmative Action Program efforts.

Charles R. Mann Associates, Inc. has developed a statistical approach to utilization analysis which has been automated and incorporated into corporate Affirmative Action Programs nationwide. This approach has been accepted by both the OFCCP and Federal Courts in both regulatory matters and litigation. Our system generates the probabilities associated with staffing patterns as well as their expectations under the estimated availability rates being used.

Dr. Charles R. Mann, President of Charles R. Mann Associates, Inc., is the author of the Utilization Analysis entry in the Encyclopedia of Statistics.

When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability, a placement goal is established. It is important to note that our statistical approach to declaring underutilization may cut down on the number of underutilized job groups and therefore the number of goals that need to be set.

You will want to have a knowledgeable statistician with experience in analyzing claims of employment discrimination examine the regressions that the OFCCP indicates will form the major basis of their decision making. Dr. Mann, who developed the regression procedures accepted by the Supreme Court in Bazemore v. Friday, has been using regression and other related techniques in the analysis of employment discrimination data for over three decades in connection with litigation and in the development of Affirmative Action Plans since the DuBray analyses were first utilized over a decade ago.

We use statistical tests to determine whether there are statistically significant differences between protected classes within job groups, salary grades and pay bands. We then use regression analysis and other statistical modeling techniques to consider whether such observed differences may be explained or reduced on the basis of legitimate non-discriminatory employee characteristics. Perhaps more importantly, given the use of regression described by the OFCCP, and in conjunction with employer Human Resources and Management personnel, we examine the outliers and influential observations to identify additional characteristics relevant to compensation decisions.

You may download the documents below for the OFCCP description of the 2006 Standards for Analysis of Compensation Discrimination, the Guidelines for Analysis of Compensation Discrimination and the Voluntary Self-Analysis :

	OFCCP Summary Announcement of Interpretive Standards for Systemic Compensation Discrimination
	OFCCP Interpretation of EO 11246 with respect to Systemic Compensation Discrimination
	OFCCP Voluntary Guidelines for Self-Evaluation of Compensation Practices under EO 11246

Charles R. Mann Associates, Inc. has pioneered the use of sophisticated statistical analysis for the purpose of analyzing promotions, hires, terminations and applicant flow for the development of Affirmative Action Programs, as well as for other adverse impact analyses when appropriate. e.g. for involuntary termination or reduction in force.

We review the representation of minorities and women at specific levels of attainment defined on the basis of either job group or salary to determine whether there may appear to be a glass ceiling or barrier beyond which women or minorities are not promoted. We make use of standard statistical procedures as well as our past experience with such issues. The 2001 OFCCP regulations have also introduced compensation (DuBray) analyses as measures of glass ceiling barriers. We can anticipate and thereby either avoid or be prepared to respond to findings by performing salary analyses which rebut their inferences.

When RIFs are anticipated we review both the methodology and its corresponding potential impact on the RIF. Further, we analyze the specific RIF selection sets so that you may reconsider your choices before implementing the RIF. In addition to such basic techniques as t-tests and regression analyses, we use the particularly powerful odds-ratio tests in connection with this issue.

We provide Affirmative Action Plans for Veterans and Individuals with Disabilities. Review by counsel is recommended to assure that all state and local requirements are met.

We provide support for clients undergoing audits and compliance reviews. We also generate Equal Opportunity (EO) Surveys, EEO-1 Reports, and VETS-100 Reports.

Our Affirmative Action Plans and EEO-1 Reports have been accepted by the OFCCP, EEOC, and other government agencies and have been used in courts across the country.

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Last Updated: February 27, 2003