All I Said Was Training

This week, Sanders Wade Rodarte partner Michael Wade will begin a series of All I Said Was workshops for a new client on how to avoid unintended insults, injuries, and slights in today's diverse workplace. The class is designed to help managers and employees navigate around danger zones where ill-chosen remarks can lead to complaints and lawsuits. At the same time, the class also examines how to avoid "politically correct" hypersensitivity that can erode trust and fracture teams.

Michael developed the class years ago after encountering well-meaning individuals whose comments had created unnecessary problems in their teams and had, in some cases, even sparked discrimination complaints. [He has also written a book on the subject.]

The half-day workshop is fast-paced and filled with practical guidelines and case examples. Michael notes: "It's as current as today's headlines. Rarely does a week go by without a celebrity having to apologize for or clarify some remarks. This workshop takes a no-nonsense approach to a real problem. It's really about how to be a more effective communicator because if you have to interrupt your message for an apology or an explanation, you're not communicating well."

Information on the program can be obtained by emailing michael@swrci.com. 

[Editor's note to the attendees: The first person to mention this post and ask Michael about John Wayne's Rule will get a special prize.]

A SUCCESSFUL OFCCP COMPLIANCE REVIEW OF AFFIRMATIVE ACTION PROGRAMS

(1) A successful compliance review (audit) of the Affirmative Action Program ends at the desk audit stage. If the OFCCP walks away and closes the audit, that’s a successful audit.  Occasionally the OFCCP finds items they are concerned with in the desk audit.  In those cases, if you’ve been cooperative, they may let you address the items of concern before issuing the findings and then they’ll close the review and be on their way to the next company. The OFCCP will be gone for at least two years. Working with the OFCCP is a delicate matter. Be cooperative, honest and attentive (And, if you have a consultant with experience, be strategic).

(2) If the audit goes into a site visit…well there’s some headaches ahead. They’ll be on your site, requesting a meeting with the top company officer, asking for files to review, conducting interviews with employees, checking for your visible compliance evidence and more. More what? More review of materials than would have ended at the site visit. If the compliance review ends there, great!  

(3) If the compliance review ends in a conciliation agreement then you’ve got a year or two of some additional planning, diligent tracking and periodic reporting to the OFCCP. The time committed to any of these activities is worth mentioning…it will use up a lot of time that could have easily gone to other assignments. It’ll seem like the two years of oversight by the OFCCP never comes to an end. 

(4) If the compliance review ends with a lawsuit… well it really doesn’t end, does it?

Federal Acquisition Regulations (FAR) for Preaward Affirmative Action Program Clearance

According to Federal Acquisition Regulations (subpart 22.805; copy directly below), a preaward AAP clearance is required for companies entering into service and supply contracts with the federal government in amounts exceeding 10 million dollars. In these contract negotiations, contracting officers are required to ensure AAP clearance and the contracting officer will ask contractors to disclose whether or not they have written affirmative action programs and if they have undergone a compliance review of the AAP in the preceding 24 months.  If they haven’t been reviewed in the preceding 24 months then the contracting officer requests a review by the OFCCP prior to completing a contract. The contracting officer however need not request clearance from the OFCCP if the company has undergone a successful compliance review in the preceding 2 years (22.805 (a)(4)).  

Federal Acquisition Regulations (22.805):

22.805 Procedures.

(a) Preaward clearances for contracts and subcontracts of $10 million or more (excluding construction).

(1) Except as provided in paragraphs (a)(4) and (a)(8) of this section, if the estimated amount of the contract or subcontract is $10 million or more, the contracting officer shall request clearance from the appropriate OFCCP regional office before—

(i) Award of any contract, including any indefinite delivery contract or letter contract; or

(ii) Modification of an existing contract for new effort that would constitute a contract award.

(2) Preaward clearance for each proposed contract and for each proposed first-tier subcontract of $10 million or more shall be requested by the contracting officer directly from the OFCCP regional office(s). Verbal requests shall be confirmed by letter or facsimile transmission.

(3) When the contract work is to be performed outside the United States with employees recruited within the United States, the contracting officer shall send the request for a preaward clearance to the OFCCP regional office serving the area where the proposed contractor’s corporate home or branch office is located in the United States, or the corporate location where personnel recruiting is handled, if different from the contractor’s corporate home or branch office. If the proposed contractor has no corporate office or location within the United States, the preaward clearance request action should be based on the location of the recruiting and training agency in the United States.

(4) The contracting officer does not need to request a preaward clearance if—

(i) The specific proposed contractor is listed in OFCCP’s National Preaward Registry via the Internet at http://www.dol-esa.gov/preaward/;

(ii) The projected award date is within 24 months of the proposed contractor’s Notice of Compliance completion date in the Registry; and

(iii) The contracting officer documents the Registry review in the contract file.

MANAGERS LIST OF AFFIRMATIVE ACTION PROGRAM DUTIES

Part 1 of 3

AAP Regulation Requirements

		Assigned to	Date Due	Completed
1.	Annually revise EEO/Affirmative Action Programs.
2.	Formally analyze selection decisions and compensation practices for adverse impact.
3.	Revise and replace company EEO/Affirmative Action Policy. Post at/on company sites as necessary.
4.	Report EEO/AAP progress to senior management.
5.	Track Good Faith efforts.
6.	Ensure AAP Summary is available for review by employees.
7.	Ensure supervisors are familiar with EEO/AA Program and their responsibilities for implementation.
8.	Annually notify subcontractors, vendors, and suppliers of their affirmative action obligations.
9.	Ensure Equal Opportunity Clauses are incorporated in all covered contracts and purchase orders.
10.	File VETS-100 and/or VETS 100A reports by September 30th.
11.	File EEO-1 report by September 30th.

If you would like a Microsoft "word" copy of this document contact Lou at lou@swrci.com. 

Contact Lou for assistance with your AAP requirements or active compliance review.

SMEAC

If you've ever had to give instructions to an individual or a team, you know how easy it can be to omit key items. A good way to prevent that problem is to adapt the "five paragraph field order" used by the military. SMEAC is easy to remember and easy to use. Here's a handy version:

• Situation: Give an brief and uncensored version of the current status.
• Mission: Tell them what must be achieved.
• Execution: Here, you get into the specifics of how the mission will be achieved. By the time you are done, they should know who is doing what by when.
• Administrative support: Describe which resources will be needed and how they can be obtained.
• Conclusion. This part is too often omitted. Tell them where they will be once the mission is achieved, what will have been accomplished, and what they must be prepared for at that stage. If this is not discussed, it can be easy to be surprised by new problems. 

Whenever giving orders on an important project, don't just tell people what you want; also tell them what you don't want. The contrast will give them a better perspective and a clear sense of the boundaries.

Giving orders in a comprehensive and clear manner is not something that comes naturally, but there is good news:  It can be learned!

- Michael Wade

[For information on Michael's coaching and training services and to get his free management tips e-newsletter, send him a note at michael@swrci.com.] 

Still Another Leadership Lessons Briefing!

The September briefing was a great success!

Michael Wade will be conducting another complimentary Leadership Lessons briefing for our clients and friends of clients from 9:00 a.m. to 10:30 a.m. on October 9, 2012 at Ottawa University in Phoenix.

The briefing will provide key information for leaders as they answer the demands of Being, Knowing, and Doing. Among the topics are:

• The murky roles of leadership: Has it disappeared?
• How leadership and management clash
• Leadership and the new followership
• Cherchez the system: The vital part on the organization chart
• What is hidden within your strengths
• Simplifying your universe with key leadership values
• The benefit of a leadership triage
• The danger of that "vision thing"
• Why what you've probably heard about micromanagement is bunk
• Communicating the rules
• Achieving flexibility amid a variety of styles
• The power of introspection

Attendance is limited to 22 people. For information on how to attend this or other sessions, email michael@swrci.com.

No sales pitches - No nonsense - Just great information!

Ask Affirmative Action Consultants for Success Record

When shopping for an Affirmative Action consultant one piece of key information you should be seeking is the success record of the work passing OFCCP compliance reviews? No business has ever asked for our success record; usually cost is all they are interested in. However, attorneys refer clients to us because of our success record. The quality of an AAP and the associated consulting can be best measured by the success rate of passing an audit. A client referred to us some years ago had an applicant analysis prepared by another company in which the data showed selections in a job group and no corresponding applicants in the job group. This is pretty basic yet easy to overlook. A valuable consultant will identify every nook and cranny legally available in the process. I find the red flags and give clients options for addressing these areas of concern. Next time you’re shopping for AAP consultants ask the “other question” and see what you get.  My record at getting clients through a compliance review without any conciliation agreements…100%. See if you can beat that record when you’re shopping.

You can reach Lou Rodarte at lou@swrci.com or 602 788 1717.