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A "best" practice promotes equal employment opportunity and addresses one or more barriers that adversely affect equal employment opportunity. The Task Force wishes to express its appreciation for the many Commission employees who provided invaluable assistance.
Without their help, this report would not have been possible. Champe Daniel Chang Paula J. Choate Stephanie Christie Michael P. Iske Clementine Jackson Linda M. Sharon Miller Mauney J. Pierre Dorothy Porter Jerome C. Starr Gregory Stewart Marie M. White Michael Widomski Bernadette Wilson. Jones was appointed by Chairman Gilbert F.
Casellas to head the Task Force to study "best" equal employment opportunity policies, programs, and practices of private sector employers. While the Equal Employment Opportunity Commission Commission or EEOC is the enforcement agency responsible for compliance with its statutory mandates, the Commission has an important role in facilitating voluntary compliance through education, training, outreach, and policy guidance.
Indeed, the primary goal of the Task Force is to facilitate voluntary compliance in its examination of business policies, programs, and practices that will be useful to employers in structuring systems and policies that are consistent with their business priorities as well as with their equal employment opportunity EEO obligations and diversity objectives.
The Task Force also has presented employers with the opportunity to showcase those policies, programs, and practices of which they are particularly proud. Accordingly, the Task Force set out to look at noteworthy business practices by which employers are complying with their EEO obligations and diversity objectives, especially practices thought of as creative or innovative.
The Task Force also set out to catalogue its findings in such a way that they will be useful to employers, especially smaller and medium-sized employers that are less likely to employ professional personnel and legal staffs. Additionally, ideas were solicited about how the Commission could better assist entities in developing best policies, programs, and practices.
The Task Force thus examined what statutory, regulatory, policy or operational changes by the Commission may better facilitate the development of best policies, programs, and practices.
The Task Force divided its study of policies, programs, and practices into six major groupings: The focus of "recruitment and hiring" is on affirmative recruitment programs designed to create a diverse workforce, such as internships, recruitment strategies, and education and training programs used for hiring. The focus of "promotion and career advancement" is on programs that have eliminated barriers to the advancement of women, people from diverse ethnic and racial groups, persons with disabilities, and older workers those forty or older.
Such programs as mentoring, education and training for purposes of promotion, and career enhancement initiatives were considered in this group. The focus of "terms and conditions" is on disability and religious accommodation programs, and on sexual harassment, pay equity, insurance, employee benefits, and work-life and family-friendly policies and practices. The focus of the section on "termination and downsizing" is on such areas as retraining and placement programs for employees displaced by downsizing programs, nondiscriminatory early retirement programs, and insurance.
The "other" category embraces any other policies, programs, or practices not readily identifiable in the previous five groups or where there was an overlap between or among groups. Since management commitment and accountability are driving forces behind a company's EEO policies, programs, and practices, it was decided to devote a part of the discussion in the report to this factor as well, thus creating a seventh grouping of "management commitment and accountability.
In terms of accountability, the Task Force looked at tools such as performance appraisals, compensation incentives, and other evaluation measures to reflect a manager's ability to set high standards and demonstrate progress. The Task Force also decided to discuss a group of companies that have EEO programs that are particularly noteworthy from a comprehensive perspective.
These companies addressed most, if not all, of the elements delineated above and deserve comprehensive recognition for their programs. The Task Force developed criteria setting forth what a "best practice" is and does, which will be discussed, infra.
The best practices selected were generally viewed in terms of those criteria. The Task Force also focused on those submissions that were more detailed in terms of the description of the practice and how it worked, and that persuasively explained why the practice was of a noteworthy nature. Furthermore, the Task Force favored those practices that were presented with supporting data as to their effectiveness.
When they received the Task Force request to hear about "Best Practices," they knew that this meant more than just complying with the minimum requirements of the law. No, this term inherently focuses on what a company is doing at the level of compliance and beyond. Unfortunately, time and financial resources limited the scope of the group's work. The Task Force, as a whole, did not have the luxury of conducting site visits or validation studies of the submissions. Essentially, work was begun with an exhaustive review of the "best practices" literature.
Thereafter, paper examinations were conducted relying on stakeholders' submissions at face value, although follow-up was done, where it was available and felt to be helpful. In sum, the Task Force essentially considered whether the practice complied with the law, whether it would likely promote effective equal employment opportunity strategies, considering the barrier or barriers it was designed to address, and its fairness. Of course, the additional element of demonstrable results was considered where available.
The recognition of best practices in this report is a qualified one. The Task Force believes, however, that if appropriately implemented, considering the factual circumstances surrounding the implementation, the cited practices will be reasonably likely to promote equal employment opportunity.
The Task Force wishes to stress that a best practice may not be universally replicable on a successful basis regardless of employer or industry. We think, however, that the recognition of the practices in this report can provide some of our stakeholders valuable ideas on what has worked for other stakeholders.
Such practices may very well be the basis for replication, although individual tailoring to the requirements of the individual worksite may be necessary.
Moreover, the Task Force notes that citing an employer for a best practice does not mean that employer is necessarily a model equal employment opportunity employer generally. A cited practice involves only a specific area of equal employment opportunity.
This is because it is possible, for example, that an employer may have an excellent sexual harassment program and policy, yet that same employer may not have an effective policy on the employment of people with disabilities. A model employer must necessarily do many things, involving a multitude of areas, in a commendable manner.
We emphasize, however, that even those employers generally cited for recognition may not be immune from criticism, given the parameters and limitations of the Task Force's study. In sum, since time and resource constraints made it impossible to validate the accuracy of the submissions, or to assess how they are being implemented, it is important to emphasize that the Commission is not endorsing any particular policy, program, or practice.
Rather, the Commission's goal is to identify and disseminate information about practices currently being implemented by employers which are likely to promote voluntary compliance with the laws enforced by EEOC. The report begins by identifying what the Task Force considers to be relevant in determining what a "best" practice involves.
This was not an easy task. The Task Force recognizes that reasonable persons may differ on the question. Nevertheless, the Task Force concluded that most stakeholders should be able, at least generally, to agree with the framework. In the view of the Task Force, a "best" practice comports with the requirements of the law, as manifested in the Commission's statutory mandates: A best practice promotes equal employment opportunity and addresses one or more barriers that adversely affect equal employment opportunity.
Not only does a best practice present serious commitment from management to EEO objectives, but it also addresses management accountability for equal employment opportunity. Effective communication between management and the intended beneficiaries of the practice, as well as with all other employees, is another consistent best practice trait.
A best practice embraces fairness to all employees. Finally, a best practice is implemented conscientiously and shows noteworthy results. The second section of the report identifies the policies, programs, and practices that the Task Force believes reasonably likely to assist the employer community and related employees and employee groups in facilitating their equal employment opportunity programs.
As indicated, the Task Force divided its study of policies, programs, and practices into seven factor groupings:. The second section begins with those companies found to be comprehensively noteworthy, and then identifies noteworthy companies in each of the seven major groupings, including management commitment and accountability.
Finally, the Task Force discusses noteworthy partnership arrangements, or any type of collaborative effort involving employers and another group, to achieve EEO worksite objectives. Ultimately, the most successful companies have figured out that it makes best economic sense to draw talent and ideas from all segments of the population. Inclusive hiring and promotion practices bring into the organization segments of the workforce that may well provide competitive advantage in the increasingly global economy.
Systematic exclusion of these segments denies these resources to the organization and lessens the chances of eventual success. For these companies, pursuing diversity and equal employment opportunity is just as integral a business concept as increasing market share or maximizing profits.
In this way, diversity and EEO become not just programs, nor even separate departments, but rather a way of life that is integral to all business activities of the company. This can be complex legal terrain. The EEOC itself enforces five separate statutes, and employers are subject to a myriad of other federal, state and local statutes, ordinances and regulations that also govern the employment arena. Thus, there is no substitute for strong commitment and hard work in this area.
The third section reviews "best" practice findings from a conceptual perspective. A further explanation of the concepts behind the letters of the acronym is summarized on the following page:. STUDY -- Since one cannot solve problems that one doesn't know exists, know the law, the standards that define one's obligations, and the various barriers to EEO and diversity. Assistance can be obtained from EEOC , professional consultants, associations or groups, etc.
PLAN -- Know one's own circumstances workforce and demographics - locally, nationally, and globally. Define one's problem s ; propose solutions; and develop strategies for achieving them. LEAD -- Senior, middle, and lower management must champion the cause of diversity as a business imperative, and provide leadership for successful attainment of the vision of a diverse workforce at all levels of management.
ENCOURAGE -- Companies should encourage the attainment of diversity by all managers, supervisors, and employees, and structure their business practices and reward systems to reinforce those corporate objectives.
Link pay and performance not only for technical competencies, but also for how employees interact, support and respect each other. Self-analysis is a key part of this process. Ensure that a corrective strategy does not cause or result in unfairness. Help them understand that EEO initiatives are good for the company and, thus, good for everyone in the company. Include them in the analysis, planning, and implementation. Long term gains from these practices may cost in the short term.
Invest the needed human and capital resources. The suggestions above are just a small sampling of the characteristics that seem to be common in most of the companies that operate their EEO compliance procedures above and beyond the minimum basic legal requirements.
Additional ideas are set forth in each of the seven "best" practice areas studied. Since these ideas are rather extensive, they are not discussed here.
The fourth section considers what Commission statutory, regulatory, and policy changes may be necessary to facilitate best practices. This section also considers what the Commission might do operationally to facilitate best practices.
A Task Force committee was assigned to address Chairman Casellas' request for a review of all statutory, regulatory, and procedural guidance for their impact on the development or implementation of best practices, including, if needed, recommendations for changes. After reviewing the comments received from stakeholders and conducting our own assessment of the statutes the Commission enforces, as well as the substantive and procedural guidance documents issued by the Commission, the Task Force concludes that none of the Commission's current regulations or policy guidance hinder the development or implementation of employer best practices.
In addition, based on the input from external and internal stakeholders, the Task Force concludes that no recommendations to Congress for changes in the statutes enforced by the Commission are warranted at this time./p>
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