AFFIRMATIVE ACTION BRIEFING

Transcription

1 NATIONAL EMPLOYMENT LAW INSTITUTE P.O. Box 1189 Golden, CO (303) NON-PROFIT ORG. U.S. POSTAGE PAID SAN DIEGO, CA PERMIT NO. 397 IF UNDELIVERABLE TO ADDRESSEE, PLEASE ROUTE TO EMPLOYMENT LAW DEPARTMENT / HUMAN RESOURCES Please send address changes to neli@neli.org THE NATIONAL EMPLOYMENT LAW INSTITUTE Presents the 30th Annual Advanced Level AFFIRMATIVE ACTION BRIEFING Addressing Another Very Active Year for OFCCP Developments! New Audit Selection Protocols, Case Decisions Positioning OFCCP to Expand the Scope of Audits, Compliance with the Pending Final Regulations for Protected Veterans and the Disabled & OFCCP s Latest Compensation Investigation Strategies Chicago, IL October 4-5, 2012 Four Seasons Hotel Washington, D.C. October 11-12, 2012 Ritz-Carlton Pentagon City Austin, TX October 18-19, 2012 Four Seasons Hotel San Francisco, CA October 25-26, 2012 Westin St. Francis Optional Pre-Briefing Full Day AA Primer Including How to Write and Update AAPs Affirmative Action Workshop Ch i c a g o - Oc t. 3 Wa s h i n g t o n, D.C. - Oc t. 10 Au s t i n - Oc t. 17 Sa n Fr a n c i s c o - Oc t. 24

2 REGISTRATION AND ORDER FORM Please accept my registration for the: 2012 AFFIRMATIVE ACTION BRIEFING / WORKSHOP Chicago, IL, October 4-5 Four Seasons Hotel Chicago, IL, October 3 AA Workshop Washington, D.C., October Ritz-Carlton Pentagon City Please print or type the following information: NOTE: Name & street address required for UPS delivery of publications. Mr./Ms. Title Washington, D.C., October 10 AA Workshop Organization Austin, TX, October Four Seasons Hotel Austin, TX, October 17 AA Workshop Street Address San Francisco, CA, October Westin St. Francis City, State, Zip San Francisco, CA, October 24 AA Workshop Business Telephone ( ) Affirmative Action Briefing Registration Fee:...$ Early Registration Fee:... $ (Paid Registration received by cut-off date below.) Affirmative Action Workshop Registration Fee:...$ PROGRAM PUBLICATIONS: I am unable to attend. Please send me the: Affirmative Action Workbook (Day 2 and 3) CD $ Print $ or Both $ Affirmative Action Resource Manual (Day 1) CD $99.00 Print $ or Both $ Shipping and Handling ($7.00 for print copy, no charge for CD) Colorado residents add 7.3% sales tax (publications only) TOTAL= Do you require any accommodation, due to a disability, to attend this program? No Yes (Describe) Business Fax ( ) Signature _ Date (Note: Confirmations and program announcements sent via .) Method of Payment (Prepayment is required): Check Enclosed Visa MasterCard AMEX Discover Card Number Name as it appears on card NOTE: FOR CLE CREDIT, provide state and bar numbers. Expiration Date REGISTRATION INFORMATION Early registration is advised. Registrations will be confirmed by e- mail or another method if requested. On-site registrations are subject to space availability. Briefing Registration Fee: $ Early Discounted Fee: $ if payment is received prior to September 12 (Chicago), September 19 (Washington, D.C.), September 25 (Austin), and October 3 (San Francisco). Optional Affirmative Action Workshop Fee: $ Registration in the AA Workshop is optional, but recommended. Please neli@neli.org with any questions. Registration Fee includes non-refundable administrative fee (see Cancellation Policy below). Payment in full is required prior to the programs. Group Rates, Discounts and Substitutions are available and permissible. neli@neli.org for more information. Cancellation Policy: Cancellations must be confirmed in writing and addressed to the Registrar. Registrations cancelled more than ten business days prior to the program may elect to receive a full fee credit, or a refund, less a $ administrative fee. Those cancelled ten or fewer business days prior to the program will receive a fee credit, less a $ administrative fee. Transfers between cities must be pre-approved. Fee credits may be applied during the next 12 month period to any of the Institute s programs or publications. Paid no-shows will receive the program material upon request in full consideration of fees paid. Unpaid cancellations and unpaid noshows are liable for the registration fee. Please neli@neli.org for available discounts! Lower rates may be available on hotel websites REGISTRATION PROCEDURE NEW MAILING ADDRESS: NELI, P.O. Box 1189, Golden, Colorado PHONE: (303) , 8:00 a.m. - 4:30 p.m. Mountain Time FAX: (303) INTERNET: registrar@neli.org HOTEL ACCOMMODATIONS To receive NELI s preferred group rate, registrants must make their own room reservations directly with the hotel (not through a travel agent). Room blocks are limited and discounted group rates cannot be guaranteed after the listed cut-off dates, and may be fully booked even before then. Reserve early and state that you are attending NELI s Affirmative Action Briefing to qualify. If you experience difficulty securing a reservation, please call NELI for assistance. After the cutoff date, the hotels will only accept reservations at the discounted rate on a space available basis. Chicago - Four Seasons Hotel 120 East Delaware Place, Chicago, IL (312) Deluxe King - $ (exclusive of current 15.4% tax) Reservation cut-off date: September 12, 2012 Washington, D.C. - Ritz-Carlton Pentagon City, 1250 South Hayes Street, Arlington, VA (703) Group Code IAF Single/Double - $ (exclusive of current 10.25% tax) Reservation cut-off date: September 19, 2012 Austin - Four Seasons Hotel 98 San Jacinto Boulevard, Austin, TX (512) City View Sgl/Dbl - $ (exclusive of current 15% tax) Reservation cut-off date: September 25, 2012 San Francisco - Westin St. Francis, 335 Powell Street, San Francisco, CA (415) Traditional - $289.00; Deluxe - $ (exclusive of current 15.6% tax) Reservation cut-off date: October 3, 2012

3 2012 Affirmative Action Program Agendas NELI s Affirmative Action Workshop is recommended for those who need exposure to the field or a refresher before they attend the 2-day Advanced Level Briefing. Prior participants regularly comment that they are glad they attended the Workshop in addition to the Briefing. The Advanced Level Briefing addresses many of the complex issues contractors must deal with on a day-to-day basis to ensure they are in compliance with OFCCP policies, procedures, and regulatory requirements. Some past participants have regretted not also attending the Workshop. WEDNESDAY - OPTIONAL AFFIRMATIVE ACTION WORKSHOP 7:45 Workshop Check-In & Continental Breakfast 8:30 Basics of the Executive Order Program Requiring Affirmative Action Plans A short history: FDR to Obama What is the basis for the Executive Order s authority? Who is covered? Size and type of contract How is a contractor defined? What about facilities with no government involvement? Subsidiaries? Offshore operations? Small facilities? What is an establishment? May I combine some into a single AA program? What is an AA program? At what locations are they required? How does it relate to remedying discrimination? What is a goal? Am I required to consider race or gender when meeting the goal? The 3 theories of discrimination law OFCCP prosecutes Remedies/sanctions OFCCP applies 10:45 Refreshment Break 11:00 Essential Components of an AA Program Narrative Organizational Profile Chicago, Washington, D.C. - Joan Moore Austin, San Francisco - John Fox 12:00 Luncheon (Hosted by NELI) 1:00 Essential Components of an AA Program (cont d) Job Groups Availability Analyses 3:00 Refreshment Break 3:15 Essential Components of an AA Program (cont d) Utilization Analyses Goals and GFEs Advantages and pitfalls of using vendors and proprietary software to develop AAPs 4:00 Summary of the OFCCP Audit Process How OFCCP selects contractors for its audit list The 3-part audit process Violation of documents OFCCP uses How to prepare for an audit 5:00 Adjourn 7:45 Briefing Check-In & Continental Breakfast 8:30 Recent Major Developments at OFCCP The Obama Administration s master plan for OFCCP/Affirmative Action The Big Picture on OFCCP s compensation programs The Timetable for OFCCP s publication of its five outstanding or promised regulatory reform efforts OFCCP s proposal to amend its audit Scheduling Letter Update on OFCCP s coordination with the EEOC and the Department of Justice Update on OFCCP s FAAP Program Status of the Withdrawal of OFCCP s Compensation Guidelines Status of the EEO-Compensation Data Collection Annual Survey Status on OFCCP s Health-Care Initiative Chicago, Washington, D.C., San Francisco - John Fox Austin - Director Patricia Shiu THURSDAY - AFFIRMATIVE ACTION BRIEFING CONTINUING LEGAL EDUCATION 10:30 Refreshment Break 10:45 Selected Recent OFCCP Cases of Importance Coverage of Contractors: Bridgeport Hospital (definition of subcontractor) UPMC Update (definition of federal contractor/ subcontractor, distinguishing Bridgeport) Florida Hospital of Orlando Update (TRICARE as federal subcontract) Audit processes: Frito-Lay New ARB Decision (supplemental desk audit data requests) United Space Alliance New Federal District Court Decision (supplemental desk audit compensation data requests) The new USSA case Interactive discussion of all applicable OFCCP cases and issues of interest 12:00 Luncheon (Hosted by NELI) NELI will file in as many jurisdictions as you are licensed. The one day Workshop will provide between CLE hours and the Briefing will provide between CLE hours, depending upon the jurisdiction. NELI s programs are approved for CLE credit in jurisdictions with mandatory CLE requirements. To apply for CLE credit, please complete the box on the registration form. NELI will provide the necessary forms and proof of attendance. NELI is a State Bar of California MCLE approved provider, is recognized by professional associations as an approved CEU/CPE provider, and is an approved provider of HRCI/SHRM. As always, NELI will file in as many jurisdictions as you are licensed for no additional fee, although registrants may be required to file for credit on their own behalf in some jurisdictions.

4 2012 Affirmative Action Program Agendas THURSDAY - CONTINUED 1:00 Selected Issues Raised by OFCCP s Section 503 and VEVRAA Regulatory Initiatives OFCCP s new required outreach efforts for the disabled and Protected Veterans: What to do now How the triple self-identification requirements would work Is OFCCP s proposed pre-offer identification lawful under Section 503/VEVRAA? May contractors lawfully deploy employment preferences for the disabled and/or Protected Veterans? What portions of OFCCP s proposed Section 503/ VEVRAA regulations may you/should you implement now How are you going to meet any required goals for the disabled and/or Protected Veterans when only 1%-3% self-identify now? What to expect as to OFCCP s suddenly active Section 503/VEVRAA complaint docket All Locations - Brian Bulger 2:15 Developments in Disability Law of Concern to Federal Contractors How the ADAAA homogenized portions of the ADA with Section 503 OFCCP s enforcement of contractor exclusions of Direct Threat Why Section 503 cases are cheaper damages cases than ADA cases Interactive discussion of all applicable OFCCP cases and issues of interest All Locations - Brian Bulger 3:15 Refreshment Break 3:30 How to Respond to OFCCP s Ever-Changing Audit Processes Are there legal limits to OFCCP s authority to demand information and, if so, what are they? Is it possible for contractors to cooperate and still preserve their rights to later protest? Is there anything positive we can learn from the United Space Alliance and Frito-Lay cases? What is the best way for contractors to navigate an OFCCP audit? What are my options in opposing OFCCP s requests during the audit process? All Locations - David Copus 5:00 Adjourn OFCCP Director Patricia Shiu will address the opening session in NELI s Austin location, covering recent developments at the Agency. FRIDAY - AFFIRMATIVE ACTION BRIEFING 7:30 Briefing Check-In & Continental Breakfast 10:30 The Latest OFCCP Activity on Compensation 8:00 The High Cost of Adverse Statistical Proof: Audits Why It Is Happening and How To Avoid It Can any good come from the United Space Alliance The OFCCP s focus on statistical evidence of systemic case? discrimination and noncompliance with the Uniform How did the Ledbetter Supreme Court decision Guidelines on Employee Selection Procedures resulted upend everything we thought we knew about comin many highly-publicized settlements in selection and pensation discrimination, especially as to the Executive Order? pay cases during the past year. One employer agreed to pay $3 million in back wages and interest to 21,635 How to deal wth OFCCP s failure to follow the applicants who were rejected for entry-level jobs at 23 Ledbetter decision facilities, to extend job offers to 1703 of the affected How will the proposed Scheduling Letter s new rejected candidates, and to revamp its selection practices. Fram, Using Esq. case is studies NELI's on Director, hiring, promotion ADA and and EEO pay, Services. In Should this position, contractors Mr. conduct Fram conducts a pay equity in-house audit? Itemized Listing change things? David K. training we on will the discuss ADA and pre-audit other preparation EEO issues that for is employers, critical to including All manufacturers, Locations - David service Copus providers, colleges and universities, avoid law adverse firms findings, and bar regression associations, analyses and departments/agencies and other 12:00 Modern Testing Issues Arising in Civil Rights Law of the federal government, and many state statistical proof, effective ways to address adverse The Federal agencies attack on background checks and local statistical governments. data with He the also OFCCP, provides and effective expert witness means of services during and what administrative contractors proceedings should do about and itlitigation in federal responding and state to courts. affected Mr. class Fram allegations. provides guidance to individuals, The including implications human for contractor resource education professionals requirements and attorneys, Chicago, concerning Washington, difficult D.C., San workplace Francisco situations - that helps resolve thses issues in a manner consistent with Nancy Abell federal Austin law, and - Jon he Geier assists in formulating 1:15 Adjourn 10:15 Refreshment Break

5 FACULTY Pr o g r a m Ch a i r: Jo h n C. Fo x, Esq. Fox, Wang & Morgan, P.C., San Jose, California NANCY L. ABELL, Esq. Paul Hastings, LLP Los Angeles, California BRIAN W. BULGER, Esq. Meckler Bulger Tilson Marick & Pearson LLP Chicago, Illinois DAVID A. COPUS, Esq. Ogletree Deakins Morristown, New Jersey JON A. GEIER, Esq. Paul Hastings, LLP Chicago, Illinois JOAN E. MOORE, J.D., SPHR The Arbor Consulting Group, Inc. Northville, Michigan PATRICIA A. SHIU, Esq. Director, Office of Federal Contract Compliance Programs Washington, D.C. Time has been set aside for our faculty to respond to questions throughout the programs. AFFIRMATIVE ACTION PUBLICATIONS AFFIRMATIVE ACTION WORKBOOK Briefing participants will receive this Workbook. Available in print and searchable CD format. Substantially updated and revised, the 30th Affirmative Action Workbook addresses the many developments affecting federal contractors and refocused priorities being implemented by OFCCP and their Director, Patricia Shiu. All new initiatives by DOL and OFCCP will be included in this Workbook. We wish to thank John C. Fox, Esq. with Fox, Wang & Morgan, P.C., editor of this Workbook, for his diligent work. Contents: Recent Major Developments at OFCCP Selected Recent OFCCP Cases of Importance Selected Issues Raised by OFCCP s Section 503 and VEVRAA Regulatory Initiatives Developments in Disability Law of Concern to Federal Contractors How to Respond to OFCCP s Ever-Changing Audit Processes The High Cost of Adverse Statistical Proof: Why It Is Happening and How To Avoid It The Latest OFCCP Activity on Compensation Audits Modern Testing Issues Arising in Civil Rights Law Recently Published Federal Government Documents of Interest Printed Version: $ Searchable CD: $ Printed & CD: $ AFFIRMATIVE ACTION RESOURCE MANUAL Workshop participants will receive this Manual. Available in print and searchable CD format. This Manual is prepared especially for federal contractors and subcontractors, as well as those employers which are not contractors but wish to develop voluntary Affirmative Action Plans using federal contractor requirements under Executive Order as a model. Experienced Affirmative Action Program writers, planners and managers will also find this Manual useful to update or upgrade existing Affirmative Action Programs and to identify new approaches to affirmative action planning. The chapter containing a Model Affirmative Action Program has been revised and updated to provide a boiler-plate AAP which conforms with all current requirements from the Office of Federal Contract Compliance Programs (OFCCP). Contents: History of the Executive Order Program Affirmative Action Program Workbook (step-by-step approach to writing/revising an AAP) Miscellaneous Documents re: Affirmative Action Compliance OFCCP Audit Processes, Remedies and Sanctions Instructive Power Points for this Manual Printed Version: $ Searchable CD: $99.00 Printed & CD: $169.00

6 THE NATIONAL EMPLOYMENT LAW INSTITUTE Presents the 30th Annual Advanced Level AFFIRMATIVE ACTION BRIEFING Addressing Another Very Active Year for OFCCP Developments! New Audit Selection Protocols, Case Decisions Positioning OFCCP to Expand the Scope of Audits, Compliance with the Pending Final Regulations for Protected Veterans and the Disabled & OFCCP s Latest Compensation Investigation Strategies Chicago, IL October 4-5, 2012 Four Seasons Hotel Washington, D.C. October 11-12, 2012 Ritz-Carlton Pentagon City Austin, TX October 18-19, 2012 Four Seasons Hotel San Francisco, CA October 25-26, 2012 Westin St. Francis Optional Pre-Briefing Full Day AA Primer Including How to Write and Update AAPs Affirmative Action Workshop Ch i c a g o - Oc t. 3 Wa s h i n g t o n, D.C. - Oc t. 10 Au s t i n - Oc t. 17 Sa n Fr a n c i s c o - Oc t. 24 PROGRAM CHAIR JOHN C. FOX, Esq. Fox, Wang & Morgan, P.C. San Jose, California NELI Pr o g r a m Sc h e d u l e PUBLIC SECTOR EEO & EMPLOYMENT LAW CONFERENCE Washington, D.C. - August San Francisco, CA - August EMPLOYMENT LAW CONFERENCE Chicago, IL - November 8-9 Washington, D.C. - November New Orleans, LA - November San Francisco, CA - December EMPLOYMENT LAW BRIEFING Vail, CO - February Disney World, FL - March 3-6 Las Vegas, NV - March ADA & FMLA COMPLIANCE UPDATE San Francisco, CA - April 4-5 Chicago, IL - April Washington, D.C. - April MID-YEAR EMPLOYMENT LAW CONFERENCE Washington, D.C. - May 9-10 Chicago, IL - May San Diego, CA - May EMPLOYMENT DISCRIMINATION LAW UPDATE San Francisco, CA - July Chicago, IL - July Washington, D.C. - July Please visit our website at for complete program information.