Affirmative Action Plan: Is Your Organization Required to Have One?

Recent news of the United States Supreme Court’s Affirmative Action ruling sheds light on the importance of having an Affirmative Action Plan which adheres to the legal requirements set forth over 5 decades ago.  In a 5-3 decision, the Court upheld a race-based affirmative action policy of the University of Texas at Austin.  Abigail Fisher, a Caucasian woman, sued the school over what she deemed to be racial discrimination after she was denied admissions to the school in 2008.

The University’s admissions protocol consists of a two-pronged approach: 75% of the student body is filled with public high school students who finish in the top 10% of their graduating class, while the remaining 25% of seats are filled based on a number of factors, one of which is race. This Top Ten Rule is known as a “holistic” approach to admissions decisions.  Their policy is meant to increase black and Hispanic admissions at the University, which historically were lacking.

Based on her academics, Abigail Fisher did not qualify for admissions under the 10% rule, making it necessary for her to compete for the limited number of enrollment slots remaining.  Ultimately, she was not accepted into the University.

What is the Goal of Affirmative Action?

Although Affirmative Action in the area of education, which is aimed at student enrollment, differs from employment-related Affirmative Action, aimed at hiring and employment practices, the intent of both is the same: to ensure certain protected classes receive an equal opportunity for consideration in education and employment and, in the case of employment, an equal chance to advance in the organization.

Who Needs a Written Affirmative Action Plan?

Government contractors and subcontractors with at least 50 employees, and a government contract of $50,000 or more, are required to have a written plan that is updated annually. The applicable laws cover minorities and women,[1] veterans[2] and people with disabilities.[3] Additionally, a financial institution that is a Federal Deposit Insurance Corporation (FDIC) must comply with Affirmative Action laws.[4]

Who Enforces Affirmative Action Regulations?

The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) oversees and enforces the obligations of affirmative action and equal opportunity programs required for those organizations doing business with the federal government.  The OFCCP has the power to conduct audits on organizations required to have an Affirmative Action Plan in place, obtain Conciliation Agreements from those in violation of regulatory requirements, and recommend enforcement action(s) to the Solicitor of Labor. Penalties for non-compliance may include monetary penalties, including back wages to applicants negatively impacted, and/or debarment.  Companies who are debarred lose the right to hold federal government contracts in the future.

How First Contact HR Can Keep Your Organization Compliant?

Our Affirmative Action specialists can create a custom Plan for your organization that meets all the necessary legal requirements.  We can update your Plan annually and accomplish all of these goals while offering a competitive price and accessibility to our Affirmative Action Team for any questions or support needs.  Please contact us today to get started!


[1] Executive Order 11246 on Nondiscrimination under Federal Contracts, Subpart B, Sec. 202(1)

[2] Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.

[3] Section 503 of the Rehabilitation Act of 1973, as amended.

[4] 41 CFR 60-1.3; 41 CFR 60-250.2; 60-300.2; 60-741.2


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PA Waives ACT 153 Background Screening Fees for Volunteers

This year has seen a fair amount of change around background screening laws for schools in Pennsylvania with the introduction of ACT 153. According to the legislation that took effect in January, everyone whose work could involve contact with children has to undergo a background screening clearance. This goes for anyone working in, or for, schools – including volunteers. While on the surface this is legislation is on target with better protecting the children within the state, it adds a huge financial burden on institutions and individuals.

Since the law was passed last October, there have been concerns raised with legislators about cost to volunteers. Many believe the cost is prohibitive, unfair and potentially deter people from volunteering. For these reasons, Governor Tom Wolf announced two weeks ago that changes to the law would be made to ease the burden on people looking to volunteer at schools. According to Wolf, starting on July 25th 2015, the fees for the child abuse history clearance and the statewide criminal background check will be waived for volunteers who work with children.

Additionally, the Department of Human Services and PA state police will be reducing the cost of child abuse clearances and criminal background checks by 20% for all other applicants (down to $8 from $10). The aim with these changes is to ease the cost burden on those who are now required to have these screens done every 36 months.

Gov. Wolf stated in the news release last Wednesday, “My action today could not have been accomplished without the hard work of the General Assembly, who has participated in an ongoing bipartisan working group with the Administration in an effort to develop needed clarifications to the Child Protective Services Law … Through that process, the General Assembly expressed concerns of many members about the cost of background clearances, particularly for volunteers. I share those concerns, and that is why I am excited to announce these actions today.”

The new policy does not affect the cost of FBI background checks required for people who haven’t lived in the state continuously for 10 years and work with children. The full cost of $27.00 for the federal checks will still apply to volunteers and employees alike.

For more information about clearances required under the Child Protective Service Law, head to www.keepskidssafe.pa.gov. For more information about PA Act 153, you can read about it on our blog.

 

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Penn State University Implements Updated Background Check Policy

Prior to the NCAA and Big Ten Conference sanctions, board of trustee decisions following the Freeh Report and the release of chilling voicemails left by Jerry Sandusky on a victim’s phone, the looming question of Penn State’s next steps still remain. The image of the university is undoubtedly tarnished after the Jerry Sandusky child sex abuse trial revealed university officials sat idle as children were victimized by the former assistant coach to the prestigious football team.

The university is still the subject of a number of investigations and the current president, Rodney Erickson says the university is cooperating fully. [Read more] Following the sanctions levied by the NCAA and Big Ten, credit ratings provider, Moody’s Corporation announced that it may cut the university’s current “Aa1” credit rating. A downgrade from Moody’s could make it more expensive for Penn State to borrow money – the school is already $1 billion in debt. [Read more]

Financial woes aside, the university has already begun taking steps to make a dent in replenishing the image it once had; removing the Joe Paterno statue from campus may not be enough.

Erickson announced earlier this month that the university would adopt a new background check procedure. On July 5, all current and future job candidates (including third-party candidates) must undergo a criminal background check prior to working for the university. HR99 as it’s called incorporates a “more comprehensive procedure that also ensures compliance with recently issued new guidance by the Equal Employment Opportunity Commission on background checks.”

Associate vice president of Human Resources, Susan Basso, says that “to provide the safest possible environment for our students, faculty, staff and visitors it is imperative that Penn State implements consistent and thorough background check procedures.”

First Contact HR has always recommended that higher education adhere to EEOC guidelines and adopt a comprehensive background check policy that meets their specific needs. No college or university is the same, yet identity verification, criminal records research, sex offender registry checks, employment and education verification and motor vehicle records review are all recommended services for any potential staff member of an educational institution.

Regarding the effectiveness of background checks, Jerry Sandusky had a criminal background and was even denied a volunteer coaching job in 2010 after Juniata College conducted a background check.

 

HR Professional Opinion:

Higher education institutions should audit their current practices and conduct an objective risk assessment. Student safety and security should be high priority and never subordinate to other objectives of the institution. Conducting comprehensive background checks that are in compliance with federal, state and local laws are key in protecting the institution’s reputation, hiring and retaining the right talent, while creating a culture that matches the institution’s goals, objectives and vision.

Higher education should evaluate all new hires, volunteers and contractors, considering the following factors against the work to be performed or held, the work performance location, and the degree of risk to the organization:

  1. Any loyalty or terrorism issue;
  2. Patterns of conduct (e.g., alcoholism/drug addiction, financial irresponsibility/major liabilities, dishonesty, un-employability for Negligence or misconduct, criminal conduct);
  3. Felony and misdemeanor offenses;
  4. Drug manufacturing/trafficking/sale;
  5. Significant honesty issue (e.g., extortion, armed robbery, embezzlement, perjury);
  6. Criminal sexual misconduct;
  7. Serious violent behavior (e.g., rape, aggravated assault, arson, child abuse, manslaughter);
  8. Illegal use of firearms/explosives; and
  9. Employment related misconduct involving dishonesty, policy violations, criminal or violent behavior.

Further, prior to taking any adverse action against any subject, First Contact HR recommends consideration of the following:

  1. The nature, extent and seriousness of the conduct;
  2. The circumstances surrounding the conduct;
  3. The frequency of the conduct;
  4. How recently the conduct occurred;
  5. The individual’s age and maturity at the time of the conduct;
  6. The presence or absence of rehabilitation and other pertinent behavior changes;
  7. The potential for pressure, coercion, exploitation, or duress;
  8. The likelihood of continuation of the conduct;
  9. How, and if, the conduct bears upon potential job responsibilities; and
  10. The individual’s employment history before and after the conduct.

 

 

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U. Penn Dean, and Former NYU Staffer, Resigns over Fabricated Doctorate

(Univ. of Pa. photo)

On April 26, 2012 a vice dean of the University of Pennsylvania School of Education resigned after questions of his academic background arose. Doug Lynch, a trusted faculty member at the University of Pennsylvania, claims that he has a doctorate. His resume states that he earned his doctorate from Columbia University in 2007, yet Columbia said that he has not yet earned his Ph.D. Additionally, on the Fels institute of Government webpage, Lynch was listed as “Dr. Lynch.”

Prior to quietly resigning following an investigation by the University of Pennsylvania into the authenticity of his claimed doctoral degree, the Philadelphia Inquirer published an article about Lynch being placed on leave. Read more

 

HR Professional Opinion

Fabricating facts and figures on a resume is fraud – and while it is not necessarily a crime, it is certainly a “misdemeanor offense” in the working world. Resume fabrication commonly includes lying about receiving a degree or certification, exaggerating numbers like GPA and dates worked on a particular project or job, inflating titles, providing a fake address, etc.

Those who get caught not only tarnish their reputation, but bad press is directed towards the organization that hired the individual guilty of fraud. Basically, resume fraud doesn’t look good for anyone, hence the importance of conducting education verifications in a pre-employment background check.

This is not the first time we’ve seen organizations in the limelight for hiring employees with fabricated backgrounds. Remember these?

  • Ronald Zarrella, Bausch & Lomb chief executive officer claimed to have graduated from New York University’s Stern School of Business. He actually only attended the MBA program from 1972-1976, yet never graduated.
  • George O’Leary, ex-Notre Dame football coach resigned five days after being hired after admitting to resume fraud. He claimed that he received his master’s degree in education from New York University, yet he never received that degree. He also lied about playing college football for the University of New Hampshire. This was also inaccurate.
  • Dave Edmondson, chief executive of RadioShack claimed to have received degrees in theology and psychology from Pacific Coast Baptist College in California. As it turns out, Edmondson only completed two semesters and that psychology wasn’t even a degree that was offered by the college.

 

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