November 10, 2011

Increasing ROI by Making the Pledge: Think Beyond the Label

Placing high value on diversity in the workplace is an undeniable best practice in any company.  Most businesses know that tax credits exist – both federal and state – for companies who hire people with disabilities.  Until recently, however, it was a challenge to determine the monetary value of those tax incentives.  An online resource, called Hire Gauge, was launched in September in an effort to show the true incentive in hiring people with disabilities.

Think Beyond the Label is a public-private partnership that advocates to increase employment for people with disabilities.  Users launch the free tool from their site and input their state and basic company information.  Based on answers to a short questionnaire, businesses can quickly see the aggregate tax credits and incentives they could receive for each new hire with a disability.

Consider this example company with more than 30 employees in the California IT industry (more than $1 million in revenue annually): Federal Worker Opportunities Credit, Architectural Barrier Removal Tax Deduction, savings of hiring through a vocational rehabilitation program, and credit for hiring a veteran with a service-connected disability (VA reimbursement).  The company is eligible for about $49,300 in total savings.  That figure is almost enough to pay the employee’s first year salary ($60,000).  If you’re concerned about the cost of making accommodations, research shows you shouldn’t be.  Over half of all accommodations cost less than $500 to implement, and most are no-cost.

When the questionnaire is completed, you can share your results on Twitter, Facebook, or by email to spread the word.  There are also informative state-specific links for more information.  The biggest benefit to this resource is seeing all of the numbers added up together.  Users can also find resources such as best practices for sourcing qualified workers and a tax incentives tip sheet.

Join me, and make the pledge to think beyond the label.

I Think Beyond the Label

 

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October 26, 2011

OFCCP: Do Financial Institutions Still Need Affirmative Action Plans??

Filed under: Affirmative Action,Compliance,General HR Buzz — Tags: — Joyce @ 11:01 am

You may have already heard that beginning January 1, 2012, financial institutions will no longer sell U.S. savings bonds.  In order to buy savings bonds, you will need to do so through the U.S. Treasury Department’s website:  http://treasurydirect.gov.

So what does that have to do with affirmative action obligations?  Well, if you are a bank or a credit union, you may have maintained an Affirmative Action plan based on the fact that you issue U.S. savings bonds, one of the criteria under Executive Order 11246.  The Executive Order identifies the criteria that subjects financial institutions to federal affirmative action requirements:

  • The institution is issuing and paying agents for U.S. savings bonds and notes in any amounts (no longer applicable after January 1, 2012)
  • The institution serves as a depository of government funds in any amount
  • The institution holds a prime or subcontract with the federal government of at least $50,000

So, if financial institutions are no longer issuing U.S. savings bonds, then are they relieved of their obligation to maintain an affirmative action plan?  Well, in plain language the answer is probably “no.”  The Office of Federal Contract Compliance Programs (OFCCP) takes the position that financial institutions participating in Federal Deposit Insurance Corporation (FDIC) or National Credit Union Association (NCUA) programs are still subject to the agency’s jurisdiction.

As for next steps, financial institutions should review whether they must continue to prepare written affirmative action plans.  The OFCCP’s opinion is that financial institutions that serve as a depository of government funds in any amounts, participate in FDIC or NCUA programs, or hold a federal contract or subcontract of at least $50,000 should continue to prepare affirmative action plans even after Jan. 1, 2012.  You may want to consult your Legal Counsel to review your specific situation.

If you do need to complete an Affirmative Action Plan, you probably already know that implementation and maintenance of an affirmative action plan can be an administrative behemoth.  Let the consultants at HRN help!  We can create an affirmative action plan, tailored to your organization.  Contact us today for more information.

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September 8, 2011

Affirmative Action Obligations and Savings Bonds…

You may have already heard that beginning January 1, 2012, financial institutions will no longer sell U.S. savings bonds.  In order to buy savings bonds, you will need to do so through the U.S. Treasury Department’s website:  http://treasurydirect.gov.

So what does that have to do with affirmative action obligations?  Well, if you are a bank or a credit union, you may have maintained an Affirmative Action plan based on the fact that you issue U.S. savings bonds, one of the criteria under Executive Order 11246.  The Executive Order identifies the criteria that subjects financial institutions to federal affirmative action requirements:

  • The institution is issuing and paying agents for U.S. savings bonds and notes in any amounts
  • The institution serves as a depository of government funds in any amount
  • The institution holds a prime or subcontract with the federal government of at least $50,000.

So, if financial institutions are no longer issuing U.S. savings bonds, then are they relieved of their obligation to maintain an affirmative action plan?  Well, in plain language the answer is probably “no”.  The Office of Federal Contract Compliance Programs (OFCCP) takes the position that financial institutions participating in Federal Deposit Insurance Corporation (FDIC) or National Credit Union Association (NCUA) programs are still subject to the agency’s jurisdiction. 

As for next steps, financial institutions should review whether they must continue to prepare written affirmative action plans.  The OFCCP’s opinion is that financial institutions that serve as a depository of government funds in any amounts, participate in FDIC or NCUA programs, or hold a federal contract or subcontract of at least $50,000 should continue to prepare affirmative action plans even after Jan. 1, 2012.

Source:  SHRM

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August 17, 2011

Weekly Wednesday Acronym – ENDA

The Employment Non-Discrimination Act (ENDA) is not a new acronym.  In fact, it has been included in some form of the bills considered by Congress in every session since 1994 except in the 109th Congress (January 3, 2005 to January 3, 2007).  So what is ENDA?  Simply stated, it is a proposed federal law that would prohibit sexual orientation and gender identity discrimination in the workplace.  The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. 

Currently, 21 states and the District of Columbia have passed laws prohibiting employment discrimination based on sexual orientation, and 15 states and D.C. also prohibit discrimination based on gender identity.  Although these laws provide important protections, according to a 2002 General Accounting Office (GAO) report, relatively few complaints of discrimination based on sexual orientation have been filed in these states.

Although there isn’t currently a federal law in place, as of March 2011 87% of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation and 46% had policies that include gender identity.

Currently the bill was introduced in the 112th Congress on April 6, 2011 in the House, and on April 13, 2011 in the Senate.  With the current makeup of the House and Senate, politicians are predicting that the proposed ENDA may pass.  Stay tuned for further updates.

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July 6, 2011

Weekly Wednesday Acronym – WIN

This is a brand new acronym, introduced on June 23, 2011, and occurred right on the heels of the Supreme Court’s Wal-Mart employment discrimination case.   Congressman Jared Polis (D-CO), Senator Barbara A. Mikulski (D-MD), Congresswoman Rosa L. DeLauro (D-CT), Senator Kirsten Gillibrand (D-NY), and Congresswoman Gwen Moore (D-WI) have introduced the Women and Workforce Investment for Nontraditional Jobs (Women WIN Jobs) Act.

The purpose of “The Women Win Jobs Act” would be to provide women with help entering higher-paying job fields.  Currently, women represent half of our nation’s workforce, yet only are employed in 25 of 504 occupational categories, most of which are among the lowest paid except for teaching and nursing.  “Non-traditional” jobs, which employ the fewest women, actually pay 20% to 30% more than predominantly female fields.

The Women WIN Jobs Act would create a new federal grant program to help recruit, prepare, place and retain women in high-demand, high-wage nontraditional jobs.  For a fact sheet, relating to the bill, please click on the following link:

http://polis.house.gov/UploadedFiles/Fact_Sheet_-_Women_WIN_Jobs_Act.pdf

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May 18, 2011

Weekly Wednesday Acronym – AA and AAP

Filed under: Affirmative Action,Employment Law — Tags: — Joyce @ 10:47 am

Affirmative Action (AA) is the set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin.  Affirmative action in the workplace covers such actions as hiring, firing, promotion, transfers, and training for protected groups of people.

Under Executive Order 11246, each non-construction federal contractor/subcontractor with 50 or more employees is required to develop and maintain a written Affirmative Action Program (AAP) if it:

  • Has a Federal contract or subcontract of $50,000 or more;
  • Has government bills of lading which in any 12-month period total, or can reasonably be expected to total, $50,000 or more;
  • Serves as a depository of Federal funds; or
  • Is a financial institution that is an issuing and paying agent for U.S. savings bonds and savings notes.

A typical AAP takes an organization, on average, 180 hours to complete and thereafter 70-80 hours each year to update in-house.

HRN has AAP professionals with access to tools and resources that simplify data collection and significantly reduce the time and cost of preparing and maintaining AAP’s.  Contact us if you would like more information!

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December 6, 2010

OFCCP Files Complaint Against Discrimination Repeat Offender

Filed under: Affirmative Action — Tags: — Monica @ 10:00 am

The Office of Federal Contract Compliance Programs (OFCCP) has filed another complaint against Minneapolis-based Nash Finch Company for systematically discriminating against female applicants.  This is not new territory for Nash Finch, which has already settled discrimination cases in the past decade at 3 of its other US facilities.  The company is the second-largest publicly traded wholesale food distributor.  It contracts with the federal government to provide goods and services to more than 200 military bases. 

The OFCCP is seeking remedies including lost wages, benefits, interest, job offers to some of the qualified candidates, and retroactive seniority.  Most notably, the agency is asking the judge to cancel all Nash Finch’s existing federal contracts.

You can read the OFCCP’s news release here:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20101644.htm

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April 29, 2009

A New OFCCP Record for Recovery of $$$ From Affirmative Action Contractors.

Filed under: Affirmative Action — Jane @ 1:52 pm

In 2008 the Office of Federal Contract and Compliance recovered a record $67 million dollars from Affirmative Action contractors who had allegedly discriminated against employees and applicants based upon minority or gender status.

This is a 133% increase over what was recovered in 2001 and was up from $51 million in 2007. Nearly 25,000 individuals shared in the back pay and other damages collected.

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March 10, 2009

A New OFCCP Record for Recovery of $$$ From Affirmative Action Contractors

Filed under: Affirmative Action — Tags: , , , , — Jane @ 1:40 pm

In 2008 the Office of Federal Contract and Compliance recovered a record $67 million dollars from Affirmative Action contractors who had allegedly discriminated against employees and applicants based upon minority or gender status.  This is a 133% increase over what was recovered in 2001 and was up from $51 million in 2007.  Nearly 25,000 individuals shared in the back pay and other damages collected.  The damages, bad publicity, and increased federal activity in this area should prompt those contractors and subcontractors required to develop Affirmative Action plans to do so.

(more…)

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