Best Practices of Private Sector Employers

TABLE OF CONTENTS

(Page numbers are retained for reference to the printed copy only)

MEMBERS OF THE TASK FORCE 1

Commission Employees Who Assisted the Task Force 2

EXECUTIVE SUMMARY 3

A. Introduction and Procedure 3

B. Limitations 4

C. What is a "best" practice? 5

D. "Best" Practice Findings 6

E. Statutory, Regulatory, Policy, and Operational Changes 9

1. Statutory, Regulatory, and Policy Considerations 9

2. Operational Considerations 10

a. EEOC Education, Technical Assistance, and Outreach Programs 10

b. Recommendations 11

INTRODUCTION 15

A. Focus of the Task Force 15

B. Methodology 18

C. Organization of the Report 20

D. Acknowledgments 21

SECTION I WHAT IS A "BEST" PRACTICE? 25

A. A "best" practice complies with the law. 25

B. A "best" practice promotes equal employment opportunity and addresses one or more barriers that adversely affect equal employment opportunity. 27

1. General Barriers that Inhibit Equal Employment Opportunity 27

a. The "Like Me" Syndrome 27

b. Stereotypes 28

c. Prejudice 29

d. Perception of Loss by Persons Threatened by Equal Employment Opportunity Practices 29

e. Ignorance 29

f. Other Barriers 29

2. More Specific Barriers 30

a. Barriers to Recruitment and Hiring 30

b. Barriers to Advancement and Promotion 30

c. Barriers in Terms and Conditions 31

d. Barriers in Termination and Downsizing 31

e. Barriers in Alternative Dispute Resolution 31

C. A "best" practice manifests management commitment and accountability. 31

D. A "best" practice ensures management and employee communication. 32

E. A "best" practice does not cause or result in unfairness. 32

F. A "best" practice produces noteworthy results. 33

G. Other Considerations 33

SECTION II TASK FORCE'S REVIEW OF "BEST" PRACTICES 35

A. Limitations on the Task Force's Review 35

B.Comprehensive Programs Presented by Companies 37

THE BUREAU OF NATIONAL AFFAIRS, INC. 39

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM) 47

PACIFIC TELESIS GROUP 55

PRICE WATERHOUSE LLP 61

ROUSE COMPANY 65

WISCONSIN ELECTRIC POWER COMPANY 71

C. "Best" Practices Presented by Companies in Recruitment and Hiring 77

ARMSTRONG WORLD INDUSTRIES, INC 79

GTE TELEPHONE OPERATIONS 83

MITRE CORPORATION 85

MOTOROLA 89

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 91

TURNER CONSTRUCTION COMPANY 93

U.S. LONG DISTANCE WORLDWIDE COMMUNICATIONS 95

TABLE 1. "BEST" PRACTICES PRESENTED BY COMPANIES IN RECRUITMENT AND HIRING 97

D. "Best" Practices Presented by Companies in Promotion and Career Advancement 105

THE AMERICAN BAR ASSOCIATION'S EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE 107

DELOITTE AND TOUCHE LLP 109

EASTMAN KODAK COMPANY 111

FANNIE MAE 113

INTEL CORPORATION 115

NORTHERN STATES POWER COMPANY 117

UNITED TECHNOLOGIES CORPORATION 119

TABLE 2. "BEST" PRACTICES PRESENTED BY COMPANIES IN PROMOTION AND CAREER ADVANCEMENT 121

E. "Best" Practices Presented by Companies in Terms and Conditions of Employment 129

AETNA, INC. 131

BAUSCH AND LOMB 135

FIRST TENNESSEE BANK 137

NORTHERN STATES POWER COMPANY 141

OWENS-CORNING FIBERGLASS CORPORATION 143

PPG INDUSTRIES, INC. 147

TABLE 3. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMS AND CONDITIONS OF EMPLOYMENT 151

F. "Best" Practices Presented by Companies in Termination and Downsizing 163

BANKBOSTON, N.A. 165

INTEL CORPORATION 167

OSRAM SYLVANIA 169

TABLE 4. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMINATION AND DOWNSIZING 171

G. "Best" Practices Presented by Companies in Alternative Dispute Resolution 175

BARNETT BANKS, INC. 177

B E and K, INC. 179

TRW 183

TABLE 5. "BEST" PRACTICES PRESENTED BY COMPANIES IN ALTERNATIVE DISPUTE RESOLUTION 187

H. Other "Best" Practices Presented by Companies 193

FANNIE MAE 195

KPMG PEAT MARWICK LLP 199

NORTHERN STATES POWER COMPANY 203

PPG 205

TABLE 6. OTHER "BEST" POLICIES, PROGRAMS AND PRACTICES PRESENTED BY COMPANIES 207

I. "Best" Practices Presented by Companies in Management Commitment and Accountability 213

DIAL CORPORATION 215

EASTMAN KODAK 217

EQUAL EMPLOYMENT ADVISORY COUNCIL 219

FANNIE MAE 221

NORTHERN STATES POWER COMPANY 223

PPG 227

PROCTER AND GAMBLE 229

TABLE 7. "BEST" PRACTICES PRESENTED BY COMPANIES IN MANAGEMENT COMMITMENT AND ACCOUNTABILITY 231

J. Partnership Programs 237

AMERICA WORKS 239

BRIDGES FROM SCHOOL-TO-WORK 241

FOUNDATION FOR EDUCATIONAL INNOVATION 245

MAINE MEDICAL CENTER 247

NATIONAL TRANSITION ALLIANCE 249

TALENT ALLIANCE 251

UNITED ILLUMINATING COMPANY 253

WOMEN EMPLOYED INSTITUTE'S KEYS TO SUCCESS 255

WORK/FAMILY DIRECTIONS, INC. 257

SECTION III "BEST" PRACTICE FINDINGS 259

A. "Best" Practice Ideas Applicable to All Equal Employment Areas 259

B. "Best" Practice Ideas Applicable to Recruitment and Hiring 262

C. "Best" Practice Ideas Applicable to Promotion and Advancement 263

D. "Best" Practice Ideas Applicable to Terms and Conditions 264

E. "Best" Practice Ideas Applicable to Termination and Downsizing 265

F. "Best" Practice Ideas Applicable to Alternative Dispute Resolution 266

G. "Best" Practice Ideas Applicable to Other Policies, Programs, and

Practices 267

H. "Best" Practice Ideas Applicable to Management Commitment and Accountability 268

SECTION IV STATUTORY, REGULATORY, POLICY, AND OPERATIONAL REVIEW 271

A. Review of Statutes, Regulations, and Policy Guidance 271

1. Introduction 271

2. Procedural Guidance 271

3. Substantive Guidance 272

a. Commission Decisions 272

b. Regulations and Guidelines 273

c. Compliance Manual and Enforcement Guidances 274

4. Future Policy 275

5. Access to Commission Policy 275

6. Comments from the Commission's External and Internal Stakeholders 275

7. Recommendations 276

B. Operational Considerations 277

1. Introduction 277

2. Historical Overview of EEOC Education, Technical Assistance, and Outreach Programs 277

a. Legislative Background 277

b. White House Conference on Equal Employment Opportunity 278

c. The Commission's Early Education and Technical Assistance Program History 278

d. Office of Technical Assistance 278

e. Research and Employment Data Analyses and Support 280

f. Office of Voluntary Programs 280

g. A Renewed Emphasis on Education and Technical Assistance 280

h. The Voluntary Assistance Program 281

I. Expanded Presence in the Field 281

j. The Americans With Disabilities Act 282

3. The Current Education, Technical Assistance, and Outreach Programs 283

a. National and Local Enforcement Plans 283

b. The Revolving Fund 284

c. EEOC Participation in Conferences, Meetings, and Seminars 285

4. The Agency's Commitment to Education, Technical Assistance, and Outreach Programs Through the Year 2000 285

a. The Agency's Strategic Plan 285

b. The Fund or Fee-Paid Program and Strategy 286

c. Agency Reorganization 287

5. Comments from the Commission's External and Internal Stakeholders 288

a. The Fund 288

b. No-Fee Programs 289

c. Comments About Agency Enforcement and Best Practices 290

d. Comments About General Operational Matters 292

6. Recommendations 292

a. Assistance in Implementing Best Practices 293

b. Communications 295

c. Coordination 295

d. Settlement Agreements and/or Consent Decrees 296

SECTION V INDEX OF COMPANIES 297

A. Index of Submitting Companies 297

B. Other Participating Companies 303

APPENDICES

APPENDIX A

FACTS ABOUT RACE/COLOR DISCRIMINATION 305

Race-Related Characteristics and Conditions 305

Harassment 305

Segregation and Classification of Employees 306

Pre-Employment Inquiries 306

FACTS ABOUT NATIONAL ORIGIN DISCRIMINATION 307

Speak-English-Only Rule 307

Harassment 307

Immigration-Related Practices which may be Discriminatory 308

FACTS ABOUT RELIGIOUS DISCRIMINATION 309

WAGE DISCRIMINATION UNDER THE EQUAL PAY ACT AND TITLE VII 311

A. Equal Pay Act 311

B. Wage Discrimination under Title VII 312

FACTS ABOUT PREGNANCY DISCRIMINATION 313

Hiring 313

Pregnancy and Maternity Leave 313

Health Insurance 313

Fringe Benefits 314

FACTS ABOUT SEXUAL HARASSMENT 315

FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT 317

Medical Examinations and Inquiries 317

Drug and Alcohol Abuse 318

EEOC Enforcement of the ADA 318

FACTS ABOUT AGE DISCRIMINATION 319

Apprenticeship Programs 319

Job Notices and Advertisements 319

Pre-Employment Inquiries 319

Benefits 320

Waivers of ADEA Rights 320

APPENDIX B

GLASS CEILING REPORT ON STEREOTYPES 321

APPENDIX C

HIRING 325

PROMOTION AND ADVANCEMENT 326

TERMINATIONS AND DOWNSIZING 326

MEMBERS OF THE TASK FORCE

Commissioner Reginald E. Jones, Chairman Wallace Lew and Harriett Jenkins -- Office of Commissioner Jones Irene Hill -- Office of Chairman Casellas Mark Wong -- Office of Vice Chairman Igasaki Andy Imparato and Paul Richard -- Office of Commissioner Miller Gwendolyn Reams -- Office of General Counsel Stephanie Garner and Teresa Guerrant -- Office of Legal Counsel Harriet Hartman and Donna Swanson -- Office of Communications and Legislative Affairs Edward Gomez -- Office of Field Programs Edison Elkins -- Office of Federal Operations Joan Blethen -- Oakland, CA, Local Office

Commission Employees Who Assisted the Task Force

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.

John Allmaier
Toni Barnes
Bernice Berry
Joan Bickers
Maria Borrero
Paula R. Bruner
Donald P. Burris
Avelina Caballero
Phyllis Castle
Walter D. Champe
Daniel Chang
Paula J. Choate
Stephanie Christie
Michael P. Conley
Esterine Cosby
Sean Cunningham
Sharon Duell
Ron Edwards
Harriet Joan Ehrlich
Denise Esterley
Wanda Flowers
Pat Foley
Jay Friedman
Patricia J. Gonzales
W. S. Grabon
Mary Grady
Valerie Greer
David Grinberg
Adam Guasch-Melendez
Joe Harris
Frances M. Hart
John C. Hendrickson
Evelyn Idelson
Nicholas Inzeo
Frank L. Iske
Clementine Jackson
Linda M. Jackson
Issie L. Jenkins
Shirley Johnson
Dianna Johnston
Christopher Kuczynski
Gerald Letwin
Naomi Levin
Stephen Llewellyn
Philip Lyons
Peggy Mastroianni
Mike McCarthy
Sherman McDaniel, Jr.
Susan L. McDuffie
Cassandra Menoken
Carol Miaskoff
P. Sharon Miller Mauney
J. Kenneth L. Morse
Deanna Moynihan
Joachim Neckere
Pam O'Leary
Cynthia G. Pierre
Dorothy Porter
Jerome C. Rose
Vicki Rovira-Gonzalez
John Rowe
Jim Sacher
Jocelyn Samuels
Leo Sanchez
Jerome Scanlan
Thomas J. Schlageter
John Schmelzer
Carol Sellman
Shirley Smith
Maria Soto
Susan L.P. Starr
Gregory Stewart
Marie M. Tames
William Tamayo
Susan Taylor
Emma Thornton
Marie M. Tomasso
Richard R. Trujillo
Ellen Vargyas
Helen Walsh
C. Larry Watson
Reginald Welch
William J. White
Michael Widomski
Bernadette Wilson

EXECUTIVE SUMMARY

A. Introduction and Procedure

Commissioner Reginald E. 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: (1) recruitment and hiring; (2) promotion and career advancement; (3) terms and conditions; (4) termination and downsizing; (5) alternative dispute resolution; and (6) other. 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. "Alternative dispute resolution" focuses on early resolution of employment discrimination complaints and voluntary and effective alternative dispute resolution programs. 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 commitment, the Task Force looked at what management was saying and doing. 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, in addition, recognized various partnerships, involving companies and the facilitation of employment opportunities with other organizations and/or individuals.

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.

From the outset, submitting employers recognized that the information the Task Force was seeking went beyond simple compliance with the EEO laws enforced by the EEOC. 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.

B. Limitations

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. Indeed, the Task Force takes as a given that in each instance the submitter believes the practice has been highly successful in the promotion of equal employment opportunity and/or diversity, and, thus, is deserving of recognition.

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.

C. What is a "best" practice?

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: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and the applicable sections of the Civil Rights Act of 1991. 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.

D. "Best" Practice Findings

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:

1. Recruitment and Hiring;
2. Promotion and Career Advancement;
3. Terms and Conditions;
4. Termination and Downsizing;
5. Alternative Dispute Resolution;
6. Other; and
7. Management Commitment and Accountability.

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.

However, the EEOC Best Practices Task Force recognizes that often it is not a simple matter for employers to comply with their obligations under our civil rights and EEO laws. 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. Leading companies responding to the Task Force seem to adopt what we call a "SPLENDID" approach to these issues. The acronym "SPLENDID" stands for a series of actions that conscientious employers can take to address EEO and diversity issues: STUDY, PLAN, LEAD, ENCOURAGE, NOTICE, DISCUSSION, INCLUSION, and DEDICATION. A further explanation of the concepts behind the letters of the acronym is summarized on the following page:

THE "SPLENDID" APPROACH

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.

NOTICE --Take notice of the impact of your practices, after monitoring and assessing company progress. Self-analysis is a key part of this process. Ensure that a corrective strategy does not cause or result in unfairness.

DISCUSSION -- Communicate and reinforce the message that diversity is a business asset and a key element of business success in a national and global market.

INCLUSION -- Bring everyone into this process, including white males. 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.

DEDICATION -- Stay persistent in your quest. 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.

E. Statutory, Regulatory, Policy, and Operational Changes

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.

1. Statutory, Regulatory, and Policy Considerations

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. While Congressional action to promote voluntary compliance with EEO laws and/or to facilitate employer adoption of best practices may be possible, the Task Force received no specific comments, suggestions, or recommendations in this area.

Finally, the EEOC has been and continues to be committed to providing guidance to the public about the laws we enforce. That commitment includes obtaining input from internal and external stakeholders about the type and kind of policy guidance we should issue. The Office of Legal Counsel, which is primarily responsible for development of policy for consideration by the Commission, regularly meets with a broad range of external stakeholders, including personnel from other federal agencies, to seek input on policy issues. The development of policy is also driven by the types of issues that are reflected in our charge inventory and litigation docket, and by input from investigators and attorneys in the field. The Task Force believes that the Commission should continue to facilitate accessibility and responsiveness on policy issues, and continue to welcome advice and comment from stakeholders on how it may better serve the public interest.

A summary of the Task Force's recommendations is as follows:

• The Task Force recommends that the Commission place greater emphasis on the development of procedural and substantive guidances.
• The Task Force encourages a comprehensive and speedy review of Volume II of the Compliance Manual with input from external stakeholders in close coordination with the Commission staff.

2. Operational Considerations

One of the key factors in implementing best practices is for those affected by EEO laws to be well informed about their rights and responsibilities under those laws. This section of the Best Practices Task Force Report assesses what the Commission can do operationally to facilitate the development and implementation of best equal employment opportunity policies, programs, and practices. A Task Force committee was assigned to address this area.

a. EEOC Education, Technical Assistance, and Outreach Programs

This part of the Task Force report begins with the history of the Commission's education, technical assistance, and outreach programs designed to inform stakeholders about the statutes and changes in the law. It illustrates the Commission's longstanding and continuing commitment to education, technical assistance, and outreach. From the nationwide voluntary action program begun by the agency in 1966, to the Office of Technical Assistance, created in 1967 and which grew into a twenty-one person office by 1970, to the 1972 creation of the Office of Voluntary Programs that continued operations through the 1970s, the Commission constantly maintained a dual focus with law enforcement on the one hand, and education, outreach, and technical assistance efforts on the other.

Toward the end of the 1970s, the Commission's primary emphasis was on the reduction of its charge backlog. As a consequence, Commission technical assistance and education programs were de-emphasized, with resources being redirected to law enforcement programs and activities. In 1982, Chairman Clarence Thomas, reaffirming the need for active voluntary assistance to complement EEOC's enforcement efforts, required renewed managerial attention to education and outreach activities. Other such efforts initiated during this time were the Office of Special Projects (established to conduct special analyses and make recommendations of operational changes to increase the agency's effectiveness), the Office of Voluntary Assistance (which was designed to provide education and assistance to small employers, unions and individuals), and the Expanded Presence Program (designed to increase the accessibility of EEOC staff to underserved areas).

With the passage of the Gramm-Rudman Act, the EEOC was required to reevaluate its spending on voluntary assistance and education programs. Early in FY 1986, the agency concluded that it could not fully renew its budget allotments for these programs, and funding was steadily squeezed off thereafter. By 1990, our technical assistance activities were largely confined to participation as invited speakers in workshops, seminars, and conferences sponsored by other groups and organizations.

President George Bush signed the Americans with Disabilities Act on July 26, 1990, and on July 26, 1992, the Commission began enforcing Title I of the ADA. In that two-year period, the Commission developed regulations and policy guidance, developed broad technical assistance programs, developed training programs for EEOC staff, as well as plans for providing training to the disability community and employers. These and subsequent ADA implementation activities were performed by the Office of Legal Counsel.

The current EEOC education, technical assistance, and outreach program consists of Commission activities in three areas: (1) national and local enforcement plans [NEP & LEP] (which pledge the Commission to education, outreach, and voluntary resolution as tools to eliminate workplace discrimination); (2) the revolving fund (which produces the agency's fee-paid technical assistance program seminars [TAPS] across the country); and (3) participation of headquarters and field office personnel in thousands of nationwide conferences, meetings, and seminars annually.

b. Recommendations

In its discussions with field office staffs and external stakeholders, the Task Force received many comments and suggestions about what EEOC can do to improve both its fee paid and no-fee education and technical assistance programs in advancing the development of best practices, and the role of agency enforcement activities and general operations in helping employers develop best practices. All of these comments and suggestions were considered by the Task Force and many of them have merit. However, in times when Commission resources are limited and demands placed upon those resources are heavy, policy choices placing new stress on those resources are difficult to make. Thus, suggestions entailing large new cost outlays were generally not adopted. Moreover, some of the comments did not appear to be relevant to Task Force issues, or bore significant implications beyond the scope of this report. The Task Force has sought to address the concerns of all stakeholders, and these concerns played a key role in the formulation of its recommendations.

The Task Force's recommendations fall into four primary areas. First, the Task Force recommends that the Commission be more involved in providing employers assistance in implementing best practices. This includes providing technical assistance on-site, where possible, collecting best practices information and models, establishing industry liaison groups, providing more materials, and providing easier and more frequent access to Commission programs. Second, the Task Force recommends that the Commission engage in various communications initiatives. This includes encouraging employers to give their evaluations of Commission activities in education, technical assistance, and outreach, so that the Commission can be even more responsive to employer needs. Third, the Task Force recommends certain coordination initiatives in order to facilitate greater effectiveness and efficiency in the planning and delivery of the Commission's programs. Fourth, the Task Force has made recommendations concerning the use of its settlement agreements and/or consent decrees. A summary of the Task Force's recommendations is as follows:

• Commissioner-led outreach activities across the country should continue, with particular emphasis in areas which historically have been underserved by EEOC.
• Technical assistance should be provided on-site.
• Collect best practices information and models on an ongoing or periodic basis, and provide such information in TAPS presentations and other Commission programs.
• Office of Research, Information and Planning should provide research support and general industry or sector employment and best practices analyses in support of the field offices' NEP/LEP outreach, education, and technical assistance.
• Establish industry liaison groups, to the extent possible, within each district office jurisdiction.
• Revolving Fund Division, Office of Field Programs (OFP), should continue to explore alternative ways to effectively reach nonprofit organizations and small businesses in low cost and more affordable venues and formats.
• Consider holding public hearings, to the extent possible, around the country and/or consider holding a few Commission meetings outside of Washington, DC.
• Continue to encourage open communications with employers who need help from EEOC in changing their current policies and practices.
• OFP should report annually on the status and accomplishments of the Revolving Fund and other education, technical assistance, and outreach

  programs. The report should include an evaluation and presentation of best practices.

• TAPS attendees should be asked how and to what extent the program facilitated their compliance with the law and if so, whether it facilitated best practices.
• To the extent possible, additional resources should be devoted to the agency's no-fee education, technical assistance, and outreach programs.
• OFP and Office of General Counsel should compile and catalogue best practice settlement agreements and/or consent decrees.

* * * * * * * * * * * * * * *

This report should be thought of, not as a blueprint, but more as an idea bank that can be drawn upon broadly by one and all. The Task Force report's findings and recommendations are not meant to require employers to adopt certain practices or policies to comply with any of the laws enforced by EEOC.

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INTRODUCTION

Commissioner Reginald E. 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 Commission is responsible for enforcing a variety of statutes, it also has an important role in facilitating voluntary compliance through education and training, outreach, and policy guidance.

EEOC is pleased to present this report of "best" practices in private sector equal employment opportunity compliance. The Task Force hopes that the information contained herein will be an important resource for employers in meeting their EEO responsibilities.

A. Focus of the Task Force

The primary goal of the Task Force is to facilitate voluntary equal employment opportunity compliance. Accordingly, the Task Force collected information about noteworthy business practices by which employers are complying with their EEO obligations and civil rights responsibilities, especially practices thought of as creative or innovative. The Task Force then catalogued its findings in a user friendly format.

Additionally, ideas were solicited about how the EEOC could better assist employers in developing "best" policies, programs, and practices, including any statutory, regulatory, policy or operational changes to promote such development.

In the view of the Task Force, a best practice must comport with the requirements of the law, as manifested in the EEOC's statutory mandates:

• Title VII of the Civil Rights Act of 1964, as amended;
• Age Discrimination in Employment Act of 1967, as amended;
• Americans with Disabilities Act of 1990;
• Equal Pay Act of 1963, as amended; and
• Applicable sections of the Civil Rights Act of 1991.

A best practice should promote equal employment opportunity and address one or more barriers that adversely impact equal employment opportunity. Not only must there be a serious commitment from management to EEO objectives, but additionally, management accountability for equal employment opportunity is a necessary component of any worthy program. There must also be effective communication between management and the intended beneficiaries of the practice. The practice must necessarily embrace fairness to all employees. Finally, the practice must be implemented conscientiously and should show noteworthy results.

Initially the Task Force divided its study of policies, programs, and practices into six major groupings:

1. Recruitment and Hiring;
2. Promotion and Career Advancement;
3. Terms and Conditions of Employment;
4. Termination and Downsizing;
5. Alternative Dispute Resolution; and
6. Other Policies, Programs, and Practices.

However, since Management Commitment and Accountability emerged from the companies' submittals as an important factor in the success of their EEO compliance efforts, it was decided to add a seventh grouping.

The focus of "recruitment and hiring" is on affirmative recruitment programs and strategies designed to create a diverse workforce, such as internships, work/study, and other 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. 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" includes disability and religious accommodation programs, such as effective mechanisms for addressing reasonable accommodation requests. The focus also includes sexual harassment, pay equity, insurance, and employee benefits. Additionally, many companies cited their numerous work-life and family-friendly policies and practices as very supportive of their diversity and equal employment opportunity objectives. The companies have been able to help their employees realize that these programs are not just for married employees or pregnant women. Employees and dependents with disabilities, as well as men also have benefitted greatly from these programs. Most importantly, these programs have enabled the companies to retain the top quality employees that they've worked so hard to recruit and hire, including minorities, women, and persons with disabilities. Some companies also stressed that work-life and family-friendly programs are an integral part of their diversity, equal employment, and affirmative action efforts.

The focus of "termination and downsizing" is on such areas as retraining and placement programs for employees displaced by downsizing programs, and nondiscriminatory early retirement programs.

"Alternative dispute resolution" focuses on early resolution of employment discrimination complaints, and voluntary and effective alternative dispute resolution programs.

The focus of "other" embraces any other policies, programs, or practices not readily identifiable in the previous five groups or where there is 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 section of the report to management commitment and accountability. Management commitment focuses on what management is doing to facilitate equal employment opportunities. Accountability focuses on the mechanisms in evaluating management's performance involving equal employment opportunity programs. The Task Force looked at such tools as performance appraisals, compensation incentives, and other evaluation measures to reflect a manager's ability to set high standards and demonstrate progress.

Many stakeholders submitted information about employers' innovative or special efforts. The practices selected by the Task Force were generally viewed in terms of the criteria set forth in our discussion above of what a "best" practice exemplifies. The Task Force focused on those practices that were explained in detail, and that were accompanied by an explanation as to why the practice is of a noteworthy nature. Furthermore, the Task Force favored those practices that were presented with data that demonstrated their effectiveness.

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 on-site visits or validation studies. The Task Force's work began, and continued on an on-going basis, with an exhaustive review of the "best practices" literature. This was followed by an extensive effort to contact companies that might be willing to submit information on a policy or program that they considered a "best" EEO practice. Thereafter, paper examinations were conducted relying on submissions at face value, although follow up was done, where it was available and felt to be helpful. The Task Force examined the submissions to see how the policy or practice was implemented, who was accountable for success of the policy or practice, how was the policy or practice communicated, and what was the employer's commitment to the policy or practice. The Task Force generally accepted as accurate whatever commitment, communication, accountability, and implementation factors were reported by the companies, as well as the results. In sum, the Task Force's review considered whether the practice was in compliance with the law, whether it would "likely" promote effective equal employment opportunity strategies, and whether the practice was fair.

The Task Force's recognition of best practices in this report is a qualified one. However, the Task Force believes, that if appropriately implemented, considering the factual circumstances surrounding the implementation, the cited practices would be reasonably likely to promote equal employment opportunity. Indeed, the Task Force recognizes that the companies submitting the policies and practices believe they have been highly successful in the promotion of equal employment opportunity and, thus, are deserving of recognition.

The Task Force wishes to stress that a best practice may not necessarily 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 give employers valuable ideas on what has worked for other employers, and stimulate development of new approaches to old problems. Such practices may very well be the basis for replication, although individual tailoring of the practice to the requirements of the individual employer or worksite may be necessary.

Finally, the citation of an employer for a best practice does not necessarily mean that it is a problem-free model equal employment opportunity employer. A cited practice may involve only a specific area of equal employment opportunity. For example, an employer may have an excellent sexual harassment policy and program, but 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 like most employers, those employers found to be comprehensively noteworthy in this report are not necessarily immune from criticism, given the parameters and limitations of the Task Force's review of submitted material.

B. Methodology

The Task Force had numerous meetings. At the outset, these meetings focused on the process of gathering the required information - primarily in the form of answering the questions of how, what, and to whom to communicate the Task Force's interest in best equal employment opportunity compliance efforts. Initially, the Task Force sent letters directly to all employers with 25,000 or more employees, a total of some 231 companies, informing the employers of the creation of the Task Force and its mission. These companies employ 30% of the employees covered by the Commission's EEO-1 reports, and were felt to represent a statistically significant slice of all American workplaces.

The Task Force also sent more than 100 letters informing a wide variety of

associations representing employers, employees, and civil rights groups about the Task Force and its mission. The hope was that the organizations would further spread word of the Task Force and its mission to their members.

Further, the Task Force prepared and sent a survey questionnaire to nine organizations (limited to nine in accordance with the requirements of the Paperwork Reduction Act) selected to represent a broad cross-section of our stakeholders. These included:

• AFL-CIO;
• Equal Employment Advisory Council;
• Equal Employment Opportunity Committee of the Labor and Employment Law Section of the American Bar Association;
• Leadership Conference on Civil Rights;
• National Association of Minority Contractors;
• National Association of Manufacturers;
• National Federation of Independent Business;
• Society for Human Resource Management; and the
• United States Chamber of Commerce.

The Task Force sent letters to each member of the Senate Labor and Human Resources Committee and the House Committee on Education and the Workforce informing them of our mission. These letters stressed that we would welcome Congressional input on all matters under Task Force consideration. A subsequent letter to the chairmen and ranking members of these committees added a further specific inquiry as to whether National Labor Relations Act standards on employer-employee committees impede formulation of employer best practices in the area of EEO compliance or diversity efforts.

We carefully reviewed the existing "best practices" literature and searched assiduously for reports by the news media for employers cited by others or self-proclaiming best EEO practices. The Task Force also set forth its purpose and interest in best equal employment opportunity practices on the Internet with a link to the EEOC World Wide Web home page. Members of the Task Force explored company home pages on the World Wide Web for interesting equal employment opportunity policies, programs, or practices. As a result of these efforts, we contacted numerous employers about their illustrative equal employment policies, programs, or practices. Indeed, we responded to any individual or group that expressed interest in the Task Force.

Letters also were sent to all Commission employees seeking their input, both in terms of employers with best practices and Commission facilitation of best practices. Finally, we contacted the Commission's Office of Legal Counsel and Office of General Counsel for their views.

The Task Force met with representatives of the Department of Labor's Office of Federal Contract Compliance Programs to discuss their views on best equal employment practices involving employers subject to the jurisdiction of that office. Their experience and contacts generated from the Secretary's Opportunity 2000 and Exemplary Voluntary Efforts (EVE) Award programs proved invaluable to our efforts to uncover best EEO practices.

Commissioner Jones held roundtable meetings with groups of employers in Albuquerque, NM, Chicago, IL, Cleveland, OH, Houston, TX, Philadelphia, PA, and San Francisco, CA. In his Houston trip, he spoke at an awards dinner hosted by the Governor of Texas, George Bush, Jr., the Mayor of Houston, Robert Lanier, and their respective committees on the employment of persons with disabilities, honoring individuals and companies for their meritorious service in this area. Further, Commissioner Jones made site visits to several companies. Specifically, these visits were with Intel Corporation in Albuquerque, NM, Pacific Telesis in San Ramon, CA, and International Business Machines in North Tarrytown, NY.

The Task Force received materials from more than seventy organizations, employers, and individuals, not including input from Commission employees. Not surprisingly, the vast majority of materials were received directly from employers in a wide range of industries and across all business sectors.

C. Organization of the Report

• Section I of the report identifies 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 set forth therein.
• Section II of the report identifies the policies, programs, and practices that the Task Force believes may be reasonably likely to assist the employer community in facilitating their equal employment opportunity programs.
• Sub-Section (II. A.) denotes some of the limitations on the review that was conducted by the Task Force.
• The Task Force decided to present some companies, who seem to have EEO programs that are particularly noteworthy, from a comprehensive perspective. These companies' programs addressed most, if not all, of the seven major groupings delineated above. A discussion of these companies and their programs can be found in Sub-Section (II. B.).
• Sub-Sections (II. C. through II. I.) identify noteworthy companies in the seven major groupings, including management commitment and accountability.
• In Sub-Section (II. J.) the Task Force discusses noteworthy partnership arrangements (i.e., entities or organizations that assist other companies in forming positive employment relationships, including EEO and diversity considerations).

Please note that colored paper is used in the second section to assist the reader in comprehending the underlying organization of the material, and to aid in quick identification of the sub-parts. The buff-colored pages have summaries of the companies' submittals that are being featured. The blue-colored pages contain even briefer summaries of all of the company submittals for each of the seven major groupings identified above. They are intended to help the reader see at a glance, by each major group, the wide variety of approaches that the companies have submitted.

Section III sets forth the Task Force's "Best" Practice Findings. The Task Force approaches its findings from two perspectives. First, it gives a general perspective, in macro terms, for approaching a noteworthy EEO and diversity program. Second, it gives a more specific perspective correlated to each of the seven groupings or areas.

Section IV considers possible Commission regulatory, policy, and operational changes, as well as any statutory changes that may be necessary to facilitate best practices. The Task Force reviewed the statutes enforced by the Commission, as well as its regulations, policies, and operations to determine whether changes made or recommended by the Commission might facilitate the development of best policies, programs, and practices. This section sets forth the Task Force's recommendations.

Section V includes the index of companies participating in the Task Force study.

Some of the Commission's guidelines on the law are included in the Appendices.

Finally, the Task Force wishes to make it abundantly clear that the Task Force is not telling employers how they must comply with the law. Rather, it is the hope that this report will help and guide employers in complying with the law, and more.

D. Acknowledgments

A number of agencies, organizations, and institutions provided invaluable assistance to the Task Force by sharing their resource information about companies. These are listed below:

• Department of Education's Office of Special Education and Rehabilitative

  Services;

• Department of Energy's Office of Civil Rights;
• Department of Labor's Office of the Secretary, the Office of Federal Contract Compliance Programs, and the Women's Bureau;
• General Accounting Office;
• Merit Systems Protection Board;
• Glass Ceiling Commission;
• President's Committee for the Employment of Persons with Disabilities;
• American Bar Association's Equal Employment Opportunity Committee;
• Catalyst;
• Chicago Area Partnership;
• Edison Electric Institute;
• Equal Employment Advisory Council;
• Society for Human Resource Management;
• Children's Hospital of Boston, MA, in conjunction with the Institute for Community Inclusion; and the
• Pennsylvania State University (Best Practices in Diversity Conference).

A substantial number of submissions were received by the Task Force representing a collection of high quality ideas on diversity and EEO. It is noteworthy that the rate of return (number of submissions versus number of solicitations) experienced by the Task Force compares favorably with the experiences of other private and public efforts to solicit best practices submissions from the business community.

The reasons for any reluctance on the part of employers are probably as many and varied as their numbers and operations. Certainly, many employers may have had conflicting demands such that they simply could not afford the time required to prepare a submission. Many employers also may have had an unduly modest perception of their policies, programs, and practices. In addition, a number of employers expressed reservations about divulging information to the EEOC because of a concern that such information might come into play in some subsequent EEOC enforcement action against them. Since the Task Force obviously could not guarantee immunity to any employer making a submission, this concern may have held back employers who otherwise would have participated in our effort. Indeed, a few "best" practices were submitted anonymously.

Several employers also indicated proprietary and confidentiality constraints on revealing the details of their programs. It appears that some outside consultants uniformly impose such constraints where they have devised programs for employers. At least one employer also expressed a reluctance to release information because of competitive concerns about other companies raiding its employees. Finally, one employer expressed an interest in an EEOC awards program, indicating that existence of such a program could induce it to make a submission. Here, the Task Force could only respond that the Commission had not instituted an awards program and, at least in the short term, was unlikely to do so. Nevertheless, the Task Force consistently expressed its interest in seeing whatever EEO, affirmative action or diversity policies, programs, and practices that the employers were proud of themselves.

SECTION I WHAT IS A "BEST" PRACTICE?

The Task Force considered a number of factors in addressing the concept of what is a "best" practice:

• A "best" practice complies with the law.
• A "best" practice promotes equal employment opportunity and addresses one or more barriers that adversely affect equal employment opportunity.
• A "best" practice manifests management commitment and accountability.
• A "best" practice ensures management and employee communication.
• A "best" practice produces noteworthy results.
• A "best" practice does not cause or result in unfairness.

The Task Force recognizes that these factors can be interrelated. Thus, for example, compliance with the laws will often promote equal employment opportunity and address one or more barriers that adversely affect EEO. In order to promote equal employment opportunity and address barriers to EEO, strong management commitment is necessary. Management commitment must be evidenced, in part, by communication with employees. Management accountability is an indicia of management commitment and is necessary for a practice to be implemented and monitored. The law is based on fairness. In order to produce results, all of the above factors are going to be involved in some way.

A. A "best" practice complies with the law.

[1]

The Commission enforces five statutes that prohibit job discrimination by private sector employers: Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), the Equal Pay Act of 1963 (EPA), and certain sections of the Civil Rights Act of 1991 that amended provisions of Title VII, the ADEA, and the ADA.[2]

Title VII prohibits employment discrimination based upon race, color, sex, religion, or national origin; the ADEA prohibits employment discrimination against persons forty years of age and older; and the ADA prohibits employment discrimination based on disability. Employers are prohibited from discriminating in the hiring; promotion; discharge; compensation; terms, conditions and privileges of employment; and in the classifying, limiting or segregating of individuals for employment. Employers are also prohibited from printing or publishing discriminatory advertisements, and from retaliating against any individual for opposing a discriminatory practice, filing a charge, or participating in the EEO process. In addition, Title VII and the ADA explicitly prohibit discrimination by joint labor-management committees in the admission or employment of individuals in any program established to provide apprenticeship or other training.

The ADA protects qualified individuals with disabilities. A qualified individual with a disability is a person who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the position. The ADA also prohibits --

• participating in a contractual or other arrangement or relationship (such as with training organizations or employment agencies) that has the effect of subjecting a covered entity's applicants or employees to prohibited discrimination;
• discriminating against a qualified individual because of his/her relationship or association with an individual with a disability; and
• asking disability-related questions or conducting medical examinations until after making a conditional job offer to the applicant.

The EPA prohibits sex discrimination in the payment of wages (including fringe benefits) to men and women performing substantially equal work under similar working conditions in the same establishment.

As indicated, a "best" practice should comport with the requirements of the law. While this certainly is a necessary condition, it is not a sufficient one. For example, the Task Force recognizes that certain courts have found that employer-imposed, pre-dispute, mandatory, binding arbitration complies with the law. The Commission, however, has taken the position that such systems are inappropriate and unlawful to the extent that they deny charging parties access to the statutorily prescribed avenues of relief (both administrative and judicial). Accordingly, as a Task Force of the Commission, we viewed the issue of best practices from the Commission's perspective, and regarded Commission policy and interpretative guidance as a threshold benchmark. Furthermore, we suggest that mere compliance with the law is not especially noteworthy since all employers must meet that standard. In other words, a "best" practice is not accomplished by minimal compliance with the law.

B. A "best" practice promotes equal employment opportunity and addresses one or more barriers that adversely affect equal employment opportunity.

We will first discuss those barriers that affect equal employment opportunity in a general manner, as distinguished from barriers that are specific to the particular type of employment action. The general barriers also tend to be socially counterproductive, while the specific barriers are more indigenous to the employer. Finally, the barriers, general or specific, can serve to discriminate against minorities, women, persons with disabilities, and older workers and accordingly serve to deny them equal employment opportunity. We do not attempt to delineate a comprehensive list of these barriers. Rather, what follows is for illustrative purposes.

1. General Barriers that Inhibit Equal Employment Opportunity

a. The "Like Me" Syndrome

It is an axiom of human nature that people often like to associate with other people who are like themselves. This enhances a comfort level in working relationships. Such "like me" bias may be conscious or unconscious. Nevertheless, the "like me" syndrome can lead to a tendency to employ and work with people like oneself in terms of race, color, national origin, sex, religion, age, and disability. Thus, it can lead to a bias and an unwillingness to employ people unlike oneself. For example, women have justifiably complained that the old boy network, with business deals and decisions being made, and professional relationships and alliances being formed in conjunction with male bonding activities, creates a glass ceiling limiting the advancement of women. Perceived cultural differences and ethnocentrism can also feed on the "like me" syndrome and may result in the denial of equal employment opportunities.[3]

The "like me" syndrome can also influence an employer's assessment on the norms of performance. Thus, there may be the perception that someone "different" is less able to do the job and that someone "like me" is more able to do the job. This can further adversely affect equal employment opportunity for minorities, women, persons with disabilities, and older workers.

b. Stereotypes

People may have stereotypes of other individuals based on their race, color, religion, national origin, sex, disability, and age. Many times these stereotypes are negative and erroneous, and thus adversely affect the targeted employees.[4] Such stereotypes can breed subtle racism, sexism, prejudice, and discomfort. Stereotypes must be addressed in the EEO context because they may be used as "factual" bases for employment decisions.[5]

On the other hand, people may have stereotypes of what makes a good employee or successful executive (e.g., that young white males generally are positive role models of excellent employees or of good citizens, while African American males are not; or that Asian Americans are "model minorities," but not fully accepted "Americans;" or that women are too soft, caring, or concerned about human relations to be strong, decisive managers, etc.). Such stereotypes, especially if they are the underlying beliefs and attitudes that form the bases of employment decisions, can also adversely affect other individuals who are members or non-members of any of the numerous diverse groups in our society or in the workplace.

c. Prejudice

It cannot be denied that there may be instances of outright bigotry on the part of an employer or its management for or against a targeted group. Hopefully, thirty years after the enactment of Title VII, such cases of outright prejudice in the area of equal employment opportunity should be rare. But experience tells us that this most basic type of discrimination still exists. [6]

d. Perception of Loss by Persons Threatened by Equal Employment Opportunity Practices

For example, as the workplace becomes more diverse, and special voluntary efforts are made by companies to recruit and hire from all groups, based on selection standards of hiring or promoting the best qualified individual for the position, some white males, or any other groups who traditionally have been the predominant employees of a particular workforce or occupation, may grow anxious and view themselves as losing employment control and opportunity. As they perceive a direct threat to their own equal employment opportunities, they may feel that they need to overzealously protect their own prospects, by impeding the prospects of others.[7]

e. Ignorance

Employers, especially smaller entities, may just not be well-versed in the requirements of equal employment opportunity. Acts of discrimination committed in this context may be the result of ignorance. Employers may not know how the law applies because they have received poor or inaccurate advice. Even the largest employers may have managers who are not well-versed in the EEO laws. To a large degree, stereotyping feeds on ignorance, but the repercussions of ignorance go much farther than stereotyping.

f. Other Barriers

Of course, there are other barriers to equal employment opportunity. Lack of education is perhaps the most significant. Without education, most employment opportunities are foreclosed. Indeed, for most higher paying employment opportunities, higher education is a prerequisite.

2. More Specific Barriers

There are many specific barriers to equal employment opportunity. These barriers tend to be indigenous to the employer's operations, rather than societal or culturally based. The general barriers, on the other hand, tend to be external to the employer, to the extent that they are societal or culturally based. Since there are so many possible specific barriers to equal employment opportunity, we decided to briefly list only a sampling of these barriers for each grouping.

a. Barriers to Recruitment and Hiring

• Not knowing where to recruit.
• Failing to advertise widely.
• Recruitment practices that overlook or fail to seek all qualified individuals.
• Reliance on informal networks of recruitment or word-of-mouth.
• Failing to provide reasonable accommodation to qualified individuals with disabilities.
• No formal systems for recruitment.
• Limited pool of targeted groups of persons with required qualifications.

b. Barriers to Advancement and Promotion

• Lack of employee access to mentoring.
• Deficient performance evaluation and promotion processes.
• Lack of management training.
• Lack of opportunities for career development and rotational job assignments.
• Failing to provide reasonable accommodation to qualified individuals with disabilities.
• Poor career planning and development.
• Little or no access to informal networks of communication.
• Inability to get feedback.
• Different standards of performance, disparate treatment.
• Lack of career counseling and exclusion from career ladders.
• Lack of equal access to assignments that provide key career experiences.
• Lack of equal access to assignments that provide visibility and interaction with senior managers.
• EEO directors not included in recruitment process for higher levels.
• Limited pool of targeted group of persons with required qualifications.
• Failure to post/advertise promotional opportunities.

c. Barriers in Terms and Conditions

• Unsupportive work environment.
• Unequal pay.
• Counterproductive behavior and harassment in the workplace.
• Employer policies that are not family friendly.
• Inflexible hours and working conditions.
• Failing to provide reasonable accommodation to qualified individuals with disabilities.
• Failure to accommodate religious needs.

d. Barriers in Termination and Downsizing

• Unfairness of standards used in making decisions.
• Differences in benefits given.
• Inadequate planning.
• Failing to provide reasonable accommodation to qualified individuals with disabilities in terms of denials of reassignments and targets for termination.
• Lack of adequate incentives to encourage voluntary separations.
• Lack of communication between employers and employees.
• Failure to provide counseling, job placement assistance, and training.

e. Barriers in Alternative Dispute Resolution

• No formal mechanisms for ADR.
• Unfairness of procedures.
• Not voluntary.

C. A "best" practice manifests management commitment and accountability.

Management must have a positive and unequivocal commitment to equal employment opportunity. Without commitment from top-level management to front-line supervisors, nothing can reasonably be expected to be done. Management commitment must be a driving force.

This commitment may be evidenced, in part, by management directives, mandating equal employment opportunity policies. Management should communicate throughout the organization that it is committed to equal employment opportunity and will not tolerate unlawful discrimination in any form. EEO should be integrated into all aspects of an employer's policies and practices, including the identification of those aspects of the organization's culture and environment that are barriers to equal employment opportunity.

This commitment must, however, also include the will to act as required and as appropriate, especially in addressing the barriers to equal employment opportunity specific to the organization's culture and work environment. Management must also monitor the results of its efforts and decisions. Management should support interested advisory and support groups. Management should also provide employee groups with access to high-level management.

Without accountability, there is a lack of responsibility. Accountability goes hand-in-hand with commitment.

D. A "best" practice ensures management and employee communication.

Management should participate and interact with employees and employee groups. It should encourage ongoing discussions about diversity issues. Communication should be encouraged from the "top-down" and "bottom-up", including CEO speeches to employees and letters from employees to management. Information about equal employment policies, programs, and practices should be distributed to all employees, informing everyone of management's positions on the various aspects of equal employment opportunity. Employers should continually communicate career opportunities to all employees, including competencies, skills, and abilities required. With communication, management and employees are able to understand equal employment opportunity programs and their goals, ascertain to what extent the goals are being met, and work together to make programs better.

E. A "best" practice does not cause or result in unfairness.

The issue of fairness most often comes into play when considering affirmative action programs. The Commission supports affirmative action programs that are consistent with the law.[8] The Commission views such programs as a limited, but important, tool in the fight to eradicate discrimination. An employer can adopt a voluntary affirmative action plan if it identifies a manifest imbalance in traditionally segregated job categories. A voluntary affirmative action plan cannot unnecessarily trammel the rights of non-targeted groups, usually non-minorities or men.

The plan must be designed to break down patterns of segregation and to open employment opportunities for the targeted groups, usually minorities, women, or persons with disabilities in jobs from which they have traditionally been barred. For example, such a plan cannot require the discharge of non-targeted employees and their replacement with targeted employees, nor can it create an absolute bar to the advancement of non-targeted employees. Applicable law also requires that an individual who benefits from affirmative action must be qualified for the job at issue, although that individual need not be the most qualified individual.

Affirmative action, when properly designed and implemented, does not allow for the use of quotas - the inflexible reliance solely on numbers that ignore qualifications. A voluntary affirmative action plan must be temporary and flexible, and it cannot be used to maintain a balanced workforce. A voluntary plan should be regularly reviewed to ensure that goals and timetables are justified and flexible and that the rights of non-targeted groups are not unduly burdened.[9]

F. A "best" practice produces noteworthy results.

A practice may look great on paper, but without implementation and results, its value is subject to conjecture and in any event, unrealized. Simply put, actions speak louder than words. With implementation and evaluation, one can see what has worked and how well it has worked. It goes without saying that results are relevant in assessing whether a practice may be deserving of commendation or imitation. Significant and impressive results of practices to enhance equal employment opportunity give greater credence to those practices.

G. Other Considerations

.

The Task Force also looked at the innovative aspects of the practices submitted for consideration. However, innovation was not necessarily a prerequisite to being a "best" practice. Rather, the paramount consideration was the evidence that the practice worked well within the context of the criteria just discussed. Finally, the Task Force also checked to ensure that there were no indications, based on Commission compliance reviews, of substantial noncompliance by the employer with any civil rights laws under the Commission's jurisdiction.

SECTION II TASK FORCE'S REVIEW OF "BEST" PRACTICES

A. Limitations on the Task Force's Review

The Task Force recognizes that a "best" practice must be viewed in terms of the specific facts and circumstances of the employer. A "best" practice may, but not necessarily, vary from industry to industry or from employer to employer. The Task Force hopes, however, that this report will help employers, especially smaller and medium-sized entities, who may not have the financial resources to obtain sufficient legal and other professional advice in their efforts to achieve full EEO compliance.

Time and financial resources limited the scope of the Task Force's work. The Task Force had approximately seven months to compile the information, including follow up, thoroughly review the submissions by stakeholders, engage in discussions with stakeholders in roundtable and focus group settings, engage in dialogue within the Task Force, and write the report. Because of budgetary constraints, the Task Force was limited in the amount of outreach that could be done in preparing this report.

Accordingly, the Task Force, as a whole, did not conduct site visits or do validation studies of the submissions. Essentially, the Task Force process consisted of paper examinations relying on employer submissions at face value, although follow up was done, where it was felt to be helpful.

The Task Force essentially considered whether the practice complied with the law, whether it would promote equal employment opportunity and remove the barrier or barriers it was designed to address, and its fairness. Even with these three factors, the Task Force could not make definitively final and ultimate conclusions, because specific factual circumstances could come into play that could vitiate these factors.

Nevertheless, the Task Force considered the employer's belief that its practice was a commendable one. Of course, such a belief by the employer does not by that fact alone make the practice a best practice. The Task Force thus evaluated whether the employer's belief was reasonable within the framework of the above factors, keeping in mind that definitively final and ultimate conclusions could not be made given the limits of the Task Force's evaluation. Even with these limitations, the Task Force believes that much can be gained from an examination of the "best" practices reviewed in this report.

In conclusion, the Task Force's 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 would be reasonably likely to promote equal employment opportunity.

The Task Force is most appreciative of those stakeholders who took the time and effort to share their best practices with us. However, the Task Force stresses that a best practice may not necessarily be universally replicable regardless of employer or industry. We think, nevertheless, that the recognition of the practices in this report can give employers valuable ideas on what has worked for other employers. The Task Force hopes that at least many of the examples of best practices can act as a framework or prototype by which other employers can develop similar programs and/or policies. However, employers may need to tailor the practices to their own needs and circumstances.

The Task Force has tried to faithfully and accurately describe the policies, programs, and practices for which the companies are recognized. The Task Force has relied to the utmost on the companies' submissions, and regrets any misstatements that might inadvertently occur in the description of the companies' policies, programs, and practices.

Finally, 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.

B. Comprehensive Programs Presented by Companies

At the outset, the goal of the Task Force was to examine individual best EEO practices within certain discrete categories: the original six of recruitment and hiring; promotion and career advancement

;

terms and conditions; termination and downsizing; alternative dispute resolution; other policies, programs and practices; and the subsequently added seventh category of management commitment and accountability. The idea was to allow even companies that had not put together comprehensive programs, but had succeeded in crafting one or more exemplary policies, to participate in the best practices discussion.

However, as work progressed on the submissions made by various companies, it became clear that a number of them had done outstanding work in formulating comprehensive EEO and diversity strategies. Further, these companies impressed the Task Force with their ability to integrate workplace EEO and diversity into their basic business plans. The latter concept, i.e., that in a diverse nation and in a diverse world, having a diverse workforce is, at least, a business asset and, more likely, a business necessity, is the primary revelation of the work done by the Task Force.

Accordingly, the Task Force decided to select a number of companies, that it thought presented noteworthy comprehensive EEO programs, addressing most, if not all, of the specific areas set forth for discussion. To view a company's set of programs, as a whole, instead of piecemeal, has the advantage of allowing the reader to see how the company integrates its programs into various operations of the company.

This is not to say that these companies are exemplary in all of the discussed areas. Rather, the selected companies were chosen for the comprehensiveness of their programs. In addition, we concluded, based on the materials presented by the companies, that the programs went above and beyond the requirements of the law, addressed many barriers to equal employment opportunity, and did not cause or result in unfairness.

The selected companies are discussed in alphabetical order.

THE BUREAU OF NATIONAL AFFAIRS, INC.

Background

The Bureau of National Affairs, Inc. (BNA), is a publishing company based in Washington, DC. All of the stock in the company is held by its employees and retirees. It is the oldest fully employee-owned company in the United States, this year celebrating fifty years of employee ownership. There are no special stock options or bonus plans for executives and managers; and the company's top executives hold less than ten percent of all outstanding shares. Employee-shareholders vote each spring for the board of directors, twelve of whom are BNA employees or retirees. There are three outside directors who do not work for BNA nor own any company stock.

BNA produces over 200 highly technical, specialized information services in print and electronic formats. These services are intended to provide accurate, comprehensive information on all major developments in labor, legal, tax, economic, environmental, safety, and health activities of the nation. The more than 1,600 employees (500 of whom are reporters and editors) are represented by the Washington-Baltimore Newspaper Guild. A subsidiary company, BNA Communications, produces a line of products focusing on EEO and diversity issues.

Recruitment and Hiring

BNA indicates it makes every effort to recruit qualified minorities and women to its professional level positions. Representatives attend a number of job fairs sponsored by minority associations, and also some that are sponsored by minority universities. When the company goes outside of the company to fill open positions, BNA posts notices on the job hot lines and in the publications of the Black, Hispanic, Asian and Native American Journalists Associations.

BNA recently established a scholarship program which awards scholarships of $3,500 to students at three area minority universities, who are working toward degrees in law, information systems, and marketing. In addition, BNA provides those students with opportunities to participate in summer internship programs. Included in its opportunities for traineeships, BNA has a minority editorial traineeship, which allows the person to begin work at BNA at a grade that is just below the experienced reporter level. After a one-year traineeship, the trainee is eligible to bid on positions that have been posted internally in the same manner as other employees. Eventually, the trainee is moved into a position as an experienced employee.

For the last three years, BNA has been involved in initiatives aimed at providing skills and job opportunities to residents of the District of Columbia (DC). One program, Summerworks

,

focuses on the high school and college students who live in DC. In 1995, there were six students in the program.

The second program, Do The Write Thing

,

is an outreach initiative to curb urban violence and provide highly motivated youth with positive alternatives. It provides middle school students with a variety of office skills and other practical work experience. In place of salary, the students receive specifically designated savings accounts that they can use when they graduate from high school. Three students were sponsored last year, and five will be sponsored this year. The students all come from Francis Jr. High School, which is located across the street from BNA's headquarters building.

Promotion and Career Advancement

BNA's Human Resources Training and Development Group has put together a number of programs which provide employees the opportunity to develop professionally and personally. Managing Personal Growth provides employees with tools to enter into a development discussion with their supervisors. The Human Resources Training and Development Group staff also has developed specific training curricula in a number of areas, and has established an Individual Learning Center

where employees can take advantage of a number of learning aids and work at their own pace.

BNA has developed a Temporary Transfer Program, where managers can use temporary vacancies as a way to allow employees to move into other positions, where there is a need for temporary help and the employees gain new skills that might be beneficial in moving to a permanent job at a later date. BNA gives the example of one young woman who used the temporary transfer program to gain new skills in the editorial arena, and was hired into a full-time position in the Editorial Department of BNA.

The BNA-Guild Traineeship Committee helps otherwise capable employees overcome obstacles to upward mobility. Several employees have moved from clerical/support positions to professional level positions. The traineeship committee takes long term employees who otherwise lack the necessary skills and places them in traineeship positions that eventually lead to permanent jobs. The EEO career development subcommittee, with the assistance of the Human Resources department, started an informal mentoring program.

BNA's tuition aid program gives employees an opportunity to take classes that will help them complete an undergraduate degree, pursue a graduate degree in their professional field, or otherwise prepare for jobs in the company. The program provides up to $9,000 a year in tuition reimbursement.

A management succession committee, consisting of the three outside board directors and one inside director, works with department heads on succession planning matters. In a questionnaire to be submitted to the committee, department heads must identify staff members with the capacity to become members of the senior management team, paying particular attention to qualified minorities and women. The questionnaire also requests that department heads identify assignments, course work, and other development opportunities that should be made available to these individuals.

The president of a major subsidiary, Tax Management, Inc., is a woman who started working at BNA as a reporter over twenty years ago and rose through the ranks to her current position. This year, she was named Vice Chair of the BNA Board of Directors. The Vice President of Human Resources is a woman who was appointed to her position in July 1994, after ten years of service at BNA, mostly as Director of Labor and Employee Relations. One Vice President and Editor-in-Chief is a woman who, in over twenty years at BNA, rose from the level of reporter, managing editor, and associate editor, to her current position. Currently, half of the executive editors in the Editorial department are women.

Two of BNA's eight Vice Presidents are minorities. The Vice President and General Counsel is an Asian American woman, and the Vice President of Information Technology is an African American male. Several minorities manage one or more BNA publications, and there also are minorities in managerial and professional level positions in other departments in the company. Six of the fifteen members of the current board of directors are women, and one director is an African American male.

BNA has several subsidiary companies, all of which have their own boards of directors. The company appoints members to serve on these boards. Service on these boards has been identified as an excellent developmental opportunity for employees, especially minorities and women.

Terms and Conditions of Employment

BNA makes an effort to adapt working schedules to child care and other family needs where possible, recognizing that in some working units the demands of the business leave little room for flexible schedules. There have been several alternative work pattern arrangements in different units at BNA, including a formal telecommuting program in the Indexing Department.

The BNA-Guild Work & Family Committee informs employees on work and family opportunities. Family services include child care and elder care referral services through the employee assistance plan, subsidized emergency back-up child care at a nearby day care center, and providing for priority placement at a child care center in Shady Grove, MD. BNA contracts with the Capital Kids to provide emergency care for children of BNA employees; contributes $8,000 per year to the operation of the center; and contributes more than half of the cost of care (per child) for each day that the center is used by BNA employees.

Employees earn thirteen days of sick leave a year, and there is no limit to the amount of sick leave that may be carried over from year to year. Employees may use their sick leave to care for a sick child. In addition to sick leave, employees are credited with three days of personal leave that they may use during the course of the year. Employees earn up to five weeks of annual leave a year, and may use their personal or annual leave for whatever purposes they choose, including opportunities to participate in religious observances.

BNA feels that its health insurance coverage is among the best in the U.S. There are no employee contributions for coverage under BNA's health plan for employees or their dependents. In addition, employees may register domestic partners as their eligible dependents under one of the health plans offered by BNA. The company also has both medical care and dependent care spending accounts that enable participants to pay for dependent care with pre-tax dollars.

BNA indicates that it goes far beyond compliance with the provisions of the federal Family and Medical Leave Act, which allows employees to take up to twelve weeks of unpaid leave for childbirth, adoption, or a serious medical condition. At BNA, a woman may take six to eight weeks of accumulated sick leave after the birth of a baby. In addition, male and female employees can take three weeks of accumulated sick leave called Parental Leave; and this is available to either parent during the first ninety days after birth or adoption. Employees also can be advanced sick leave, if a doctor designates a medical need, up to the amount of accumulated annual leave. They also can use all accumulated annual leave, three days of personal leave, and six months or more of leave without pay.

BNA reports that it contributes $2,000 in adoption expenses when an employee adopts a child. It also has a transportation subsidy program that provides employees up to $600 a year to pay for the costs of coming to work.

BNA indicates that it is committed to complying with the Americans with Disabilities Act, and makes every reasonable accommodation for persons with disabilities, including employees, applicants, and visitors to their buildings.

The BNA-Guild Sabbaticals Committee receives and reviews applications for sabbaticals, interviews applicants for sabbaticals, and makes selections. The Committee may award two sabbaticals each year that run for a period of up to six months at full pay.

Termination and Downsizing

To avoid layoffs that may result from current jobs becoming obsolete, BNA began a workforce planning initiative four years ago, which takes an early look at technological changes that would impact on the workforce, determines the skills and competencies that BNA employees will need, and provides the necessary training for the employees. Approximately two thirds of the more than 1,600 employees at BNA have at least five years of service. BNA attributes this to employee ownership and to the family-friendly policies and benefits.

BNA has done very little downsizing. However, in those rare instances when reductions in force have occurred, the company has provided employees with the option of being placed on its rehire list for a two-year period, and almost all of those employees have found other jobs within BNA. As a result, the employees were able to maintain their years of service for the purpose of calculating pensions and other benefits.

Alternative Dispute Resolution

BNA has multiple avenues available to resolve discrimination complaints. Under the internal EEO complaint process, any person alleging a discriminatory or harassing practice may initiate a complaint and forward it to the EEO Office. Management is asked to respond to the complaint and the EEO Office conducts an investigation. Throughout the investigation, management and the complainant are kept informed of the status of the investigation. The complaint may be dismissed if the EEO Office's investigation indicates that it has no merit. The EEO Office will conduct and coordinate conciliation efforts by conferring with the parties in an attempt to secure a reasonable settlement of the dispute. If the complaint cannot be satisfactorily resolved, the Director of EEO will document the efforts made to resolve the complaint and provide a written explanation of the reasons to BNA's General Counsel.

A second resource available to employees is the union. Employees, who are represented by the union, are free to seek the union for assistance in resolving work-related problems. The union contract provides represented employees with the right to file a grievance against a manager if the employee feels that the manager's actions are unfair and in violation of the provisions of the bargaining agreement.

In addition, employees who are not represented by the union are free to seek assistance and counsel from representatives in the Human Resources Department. BNA does not state or imply that any of its internal alternative dispute resolution mechanisms affect, limit, or modify employees' rights to pursue administrative or judicial relief outside the company.

Other Policies, Programs, and Practices

Many committees have been established in cooperation with the union that represents BNA employees - The Washington-Baltimore Newspaper Guild. Several of these committees have been mentioned above under the relevant topic. The joint BNA-Guild EEO Committee makes recommendations to the company with regard to recruitment, training, testing, and career development. One such recommendation was that BNA's senior management attend a workforce diversity training seminar. As a result, a training program was developed for all managers at BNA. Another recommendation was the development of the career management booklet. That was done, and the booklet focuses on careers within each department, explaining what is needed in terms of performance, technical skills, and education level. Subcommittees of the joint BNA-Guild EEO Committee established BNA's scholarship program.

BNA employees also celebrate Black History Month, Asian Pacific American Heritage Month, Hispanic Heritage Month, National American Indian Heritage Month, and Bi/Gay/Lesbian Month with a variety of educational brown-bag lunchtime discussions and other activities.

Brown-bag lunches to discuss diversity issues were started over five years ago by a group of BNA employees. These lunches give all BNA employees an opportunity to come together to informally discuss issues concerning diversity in the workplace and the community outside of BNA. These lunches resulted in the development of a community project for BNA employees. For two years, a rotating group of BNA employees participated in a program sponsored by So Others Might Eat (S.O.M.E.). Employees volunteered their lunch hours to serve lunch to the homeless at a local S.O.M.E. shelter.

Management Commitment and Accountability

BNA indicates it is committed to achieving cultural diversity at all levels of the company. The president of BNA has issued formal policy statements on affirmative action and equal employment opportunity and on sexual harassment. The text of these statements appear in the BNA Handbook, and they also are posted on bulletin boards throughout the company. BNA states that its managers are held accountable for their EEO performance and are trained to understand and utilize the special strengths of a culturally diverse workforce. An important part of the orientation for new employees is a briefing by BNA's EEO Officer on the company's anti-discrimination and affirmative action policies and complaint procedures.

BNA says that it is committed to being a leader in the fair treatment of all and in innovative programs to maximize the potential of all; and the company pledges to ensure the fairness of its promotional system. BNA further indicates that it makes a substantial effort to assure that equal opportunities exist for its employees and to recognize the needs of its diverse workforce. The diversity programs at BNA are not clustered under a diversity management banner, but they represent the company's recognition of the needs of its diverse workforce. According to BNA, some of the programs and policies are intended to specifically address issues of concern to minority employees. BNA suggests that other programs and policies focus more generally on career development and work-family matters, and thereby greatly benefit all employees, which is the intent of any initiative to manage diversity.

Person to Contact for More Information:

Anthony A. Harris
Director of Employment & Diversity, Human Resources Department
The Bureau of National Affairs, Inc.
1231 Twenty-Fifth Street, Northwest
Washington, DC 20037
Telephone: 202-452-4200 Telex: 285656 BNAI WSH

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)

Background

The International Business Machines Corporation (IBM), which began in 1914, does business in almost every nation on earth. The corporation is headquartered in Armonk, NY, and, in 1996, had 125,618 regular and complementary employees in the U.S.

IBM is a culturally diverse organization which introduced practices and policies that encouraged workforce diversity many years before required by law. Inclusion has been an integral part of its corporate culture for more than eighty years. The first and last of eight fundamental operating principles - the marketplace is the driving force behind everything that IBM does; and the company is sensitive to the needs of all employees and to the communities in which it operates - underscore the company's long time commitment to diversity.

Recruitment and Hiring

One aspect of IBM's recruitment program is Project View, which is a national effort to reach outstanding young people, who have potential for challenging and fulfilling careers. It is a diversity recruitment program that affords collegians an inside glimpse of corporate life. Project View is open to African American, Hispanic, and Native American graduating BS, MS, and Ph.D. students in such academic areas as computer science; electrical, computer, and chemical engineering; computer and management information systems; technical marketing and sales; finance; and business administration. The program provides students the opportunity to meet with managers, one-on-one, to discuss entry level positions at IBM facilities throughout the U.S.

IBM states that its Project View, which originated in the early 1970s, has become one of the most successful programs for minorities in the country, particularly since 1988. A call for student applications to the program is sent out to publications, minority professional associations, colleges, and to IBM's campus recruiting managers. A determination is made of which IBM jobs need to be filled, which managers will be participating in the Project View sessions, and what kind of qualifications those managers are looking for. From among the applications, which number among the thousands each year, IBM looks for a good match of skills and interests, and also for academic excellence; and qualified applicants are paired with the jobs that need to be filled.

The program's three-day format is a combination of networking, career fair, and interviewing. Eight sessions - beginning in September and running through February - are held annually at various sites around the country. During each session, the students get plenty of opportunities to talk with managers about specific job openings. Approximately thirty-five IBM managers conduct individual interviews with about seventy-five students at each of the eight three-day sessions. Students are evaluated on their overall college and university achievements: GPA; co-op/internship or summer work experience; and demonstrated leadership skills. During the last academic year (1996 - 1997), IBM hosted some 600 students who were to graduate between August 1996 and August 1997. About 40% of the interviews resulted in on-the-spot job offers.

The percentage of minority employees at IBM has increased substantially in the past thirty years. In 1962, IBM was one of the first companies to join the federal government's "Plans for Progress" - a voluntary effort to aggressively promote and implement equal employment opportunity. At that time, IBM's minority population totaled 1,250, or 1.5% of its U.S. workforce. By the end of 1996, minorities had increased to more than 22,000 regular employees, or 19.4%. During the same period, the number of women regular employees grew to over 33,400 or 29.4%. More than 4,100 women and more than 2,200 minority employees held management positions at the end of 1996; and of these, more than 2,400 were in senior management.

Of the 13,791 new IBM employees hired in the U.S. last year, over 29% were minorities, and over 34% were women. The numbers include 1,863 recent college graduates, of whom approximately 33% were minorities, and 31% were women.

Promotion and Career Advancement

One of the ways IBM managers show their support for the company's workforce diversity program is to participate in the mentoring program, which encourages people from diverse backgrounds to enhance their career potential through the help of a seasoned professional. Mentoring is designed to eliminate the traditional disadvantage of women and minorities being "out of the loop."

Terms and Conditions of Employment

IBM is certain that it is the premier employer in America, having initiated and pioneered numerous Work-Life Programs that have become common place in many companies today. Because the demands of work versus the obligations of personal life have become such a prominent business issue, IBM works tirelessly to enhance the work environment of its valued employees, as well as the terms and conditions of employment, generally. In dealing proactively with issues that are possible impediments to employee attendance, productivity, and loyalty, the company's Work-Life Programs are pointed to with great pride, and include:

• Child care and elder care resource and referral.
• Adoption assistance.
• Flexible working arrangements.
• Leaves of absence.
• Personal choice holidays.
• Flexible vacation scheduling.
• Assessment, Counseling, and Referral (ACR) program.

IBM indicates it has been a national leader in providing employees information on resources in their community on child and elder care programs. Over the years these services have been expanded to include resources and consultation for adoption, education, and adult disabilities. In 1989, IBM established the IBM Funds for Dependent Care Initiative (FDCI). Over a five-year period, 1990 - 1994, the company invested $25 million in more than 500 projects to increase the supply and enhance the quality of child and elder care services in communities where IBM employees live and work. The company replenished the fund at a level of $50 million to cover the years 1995-2000. Through FDCI, IBM participated in The American Business Collaboration for Quality Dependent Care (ABC/QDC), a group of twenty-two "champion" companies that commit to long term investments in communities to provide high quality dependent care for its employees. The company also covers children with disabilities for expenses not reimbursed under IBM's medical plans, up to a lifetime maximum per child of $50,000.

To accomplish flexible working arrangements, the Individualized Work Schedules Program permits employees to begin their workday up to two hours before, or two hours after, the normal location start and stop times, providing a four-hour window of flexibility. When employees need to be away from work for an extended period of time, they may take a personal leave of absence for up to three years. The employees also can reduce their workweeks for a broad array of personal needs, such as dependent care responsibilities, "once in a lifetime" opportunities, or other individual needs. Employees can perform their work at home or in another off-site location, with computers and other technology, to meet the demands of their day-to-day jobs.

IBM Personal Financial Planning includes educational seminars, individual consultations and related services to help employees plan for their future. The Life Planning Account was established by IBM to provide financial assistance to employees, retirees, and eligible dependents when they complete a course or program that helps promote a healthier lifestyle. Programs eligible for financial assistance can cover such subjects as physical fitness, weight management, nutrition, stress management, cancer prevention, cardiovascular health, and financial planning.

The following are examples of workforce accommodations made for IBM employees with disabilities:

• Architectural modification and computer adaptations for the mobility impaired.
• Electronic bulletin boards for visual or mobility impaired employees.
• IBM publications on audio cassettes for the visually impaired, and software and printers for Braille translations.
• Sign language interpreters, captioned videotapes and telecommunications devices for the hearing impaired.
• A variety of products developed by IBM, used by employees with disabilities, are also available in the marketplace, including:
  • A screen reader with audio output for computer users with visual impairments.
  • A computer program that converts elements of speech into interactive graphic displays with audio feedback to increase the efficiency of speech therapy.
  • A multimedia software program to help people with memory loss resulting from head injury, developmental disabilities, drug abuse, neurological disorders, and other cognitive disorders.
  • A collection of software aids that provide extended keyboard, mouse, and sound access for users.
  • A voice recognition product that allows a person to provide voice input to a computer.
  • A molded key board overlay with holes that expose and isolate each key top, thus enhancing keying accuracy for those who may have impaired hand or arm muscular control.
• The company also has established other special needs programs and systems to assist people with disabilities.

To help employees transition into retirement, an employee may request a personal leave of absence for up to one year, to work part time at IBM, or work for another company, provided there is no conflict of interest, and receive full earnings and service credited toward retirement.

Finally, IBM indicates that discrimination on the basis of factors unrelated to the job simply is not tolerated; and because of the corrosive effect of harassment on morale and productivity, employees engaged in these activities are subject to disciplinary measures, including dismissal.

Alternative Dispute Resolution

Employees are encouraged to come forward and talk to their manager at any time they have a problem, question or concern that, if not addressed, could affect job satisfaction and work performance. When a resolution cannot be reached by the employee talking to his or her manager, that employee can choose from among three processes (Panel Review, Open Door, and Speak Up Programs), so the matter can receive a timely and thorough investigation.

Normally, an employee must come forward on his or her own behalf to initiate an Open Door or Panel Review; and the decisions of those two processes cannot be appealed through one of the other channels. A Speak Up, however, may be converted to a Panel Review or Open Door process before a response is given, and where the employee agrees.

Under the Panel Review Program, a five-member panel of three employees and two managers, who are randomly selected, decide appeals involving how the interpretation and/or application of specific company policies, procedures, or established practices affect an employee. A panel will not accept situations over which it has no jurisdiction, or if it feels the issue can be better pursued through another internal appeals process. The panel does not make legal determinations.

The Open Door Program reviews actions or inactions by management which personally affect an employee. All issues, except policy decisions and operational business issues, are eligible under this program. After an objective and thorough review, it will not make a legal determination; but it will determine whether the employee was treated fairly.

The Speak Up Program is a two-way communications channel that an employee can use anonymously to raise concerns, express opinions, report unlawful acts, or obtain information on any company-related subject.

Other Policies, Programs, and Practices

IBM has established thirty-one diversity councils around the world, comprised of men and women representing a variety of backgrounds, cultures and work and life experiences. The councils' vision is to build on IBM's diverse workforce, resulting in all employees realizing their full potential and thus enhancing business achievement.

IBM is very involved in communities, believing that it serves its own interests best when it serves the public interest. In 1996, the company's worldwide contributions of technology, people, services, and cash to social, cultural, and educational programs amounted to a retail value of $87.5 million. The Community Service Assignment Program supports placements with community organizations that are requested by employees, or by nonprofit organizations, or by IBM. The employees can be away from their jobs on most assignments for one year with full IBM pay. Since 1971, more than 1,000 IBM employees have been granted assignments.

The Community Service Career Program allows employees, upon retirement, to work full-time with community-based organizations. They receive their full IBM retirement benefits and a portion of their final salaries for up to two years. Additionally, many IBM employees volunteer their time to help nonprofit organizations or schools in their communities. Through the Fund for Community Service, IBM contributes financial or IBM product grants to community organizations or educational institutions. Since 1971, IBM has supported grants for nearly 36,999 projects which have totaled nearly $60 million. In 1995, IBM contributed $1.9 million to support 1,252 projects around the U.S. Many IBM employees serve as volunteers and company representatives on committees and boards of directors of various nonprofit organizations.

IBM provides purchasing and marketing opportunities to minority-, women-, and disabled-owned companies in all areas of its business. Since the 1980s the company has invested more than $3.5 billion through this program. In 1996, the company purchased $513 million of products and services provided by entrepreneurs who were minorities, women, and persons with disabilities. In addition, IBM has engaged minority-owned insurance firms to underwrite about $171 million worth of IBM's group life insurance.

IBM has restructured its educational opportunities funding to focus on the issue of school reform. Reinventing Education is a $25 million initiative that promotes systemic reform to ensure that all children are prepared to meet world-class standards of achievement. The school districts that were selected all have new, higher standards for student achievement, especially tougher high school graduation requirements, and a track record of changing policy and regulations in order to foster school reform and restructuring.

IBM sponsors a PBS television show for children called Puzzle Place, which features a multi-ethnic cast of child puppets who encounter "puzzling" social situations of everyday life. The show encourages self-esteem, cooperation and respect for others.

The company also has long-standing relationships with the United Negro College Fund (UNCF), and in 1991, made a $10 million pledge, payable over ten years. Part of that pledge was fulfilled when UNCF received almost $800,000 of IBM technology for use in a major information management system, a network to link UNCF headquarters locations with its forty-one member colleges and universities. IBM's Faculty Fellowship Program offers financial assistance to UNCF members' university professors seeking doctorate degrees; and since 1944, over 200 fellows have earned their doctorate degrees.

IBM has also worked with the National Action Council for Minorities in Engineering (NACME) and the Advertising Council for the public service announcement campaign Math is Power. In 1976, the company established a National Hispanic Scholarship Fund, and since that time, the fund has awarded over $27 million in undergraduate and graduate student funding.

The IBM Faculty Loan Program encourages employees to contribute to higher education, and grants leaves, at full salary, so they can teach, counsel, or give professional support to colleges, universities and related educational institutions. The Minority Campus Executive Program provides executives who serve as liaisons to the college presidents, contribute expertise in areas of great interest to the industry, are advocates in the development of solutions to problems the institutions may have, and are role models for students. Through the Technical Academic Career Program, the company helps reduce the critical shortage of faculty in engineering and physical sciences; and many IBM employees now hold academic positions at universities and colleges across the country. The company also matches on a one-to-one cash basis the contributions of active employees, and on a one half-to-one cash basis the contributions of retired employees to eligible universities, colleges, hospitals and cultural institutions.

Management Commitment and Accountability

IBM indicates that it has worked for more than two generations to establish a workforce free from all forms of discrimination and harassment. The first employee with a disability joined the company in 1914, the year the company started. Women were first placed in professional positions in 1936, and the first woman vice president was named in 1943. The first Black sales representative was hired in 1946, and a Black engineering manager was named in 1956. IBM's first written statement of equal opportunity, which reinforced its commitment to nondiscriminatory hiring practices, was published in 1953, more than a decade before the landmark Civil Rights Act of 1964.

IBM considers the world its market, since it does business in almost every nation on earth. To win these markets, IBM's policy is that consumers must know that the company employs people who look like them, and that IBM employees understand and appreciate them. The consumers must believe that IBM employees have the insights and skills to help them meet their unique business and personal needs. For IBM to attract and build the best team, all of its employees, wherever they work, must believe they are respected as much as they are valued.

IBM's approach to workforce diversity is built on three platforms: Equal Opportunity, Affirmative Action, and Work-Life Programs. Equal Opportunity means opening the doors, at every level of the company, to all qualified individuals. Affirmative Action includes those programs that ensure everyone has the opportunity to compete, and to advance, on an equal basis. The IBM company has found it in its best interest to offer assistance to all who are disadvantaged. Its programs are designed to eliminate disadvantage, not to give anyone an advantage; and they create a level playing field. Work-Life Programs help employees balance the demands of their jobs with the increasing obligations of their personal lives. The company works to create an atmosphere conducive to the highest quality work, in a workplace where all people feel comfortable and productive. It will not allow any behavior that creates an intimidating or offensive environment .

IBM states that its commitment to people with disabilities is demonstrated in renovated buildings and offices, and through the introduction of cutting-edge technology to help persons with disabilities. Another group included under the umbrella of workforce diversity is Vietnam-era and other Special Disabled Veterans.

IBM says that it sets goals by job groups, and the goals are based on the populations in the feeder groups - those jobs from which the company typically recruits to fill particular positions. The company indicates that goals are not quotas. In hiring and promoting, goals are flexible and require good faith efforts on the part of IBM managers. In meeting these goals, the company says that candidates are selected from among the best qualified, in a way that ensures IBM is hiring the best people possible.

Person to Contact for More Information

J. T. (Ted) Childs, Jr.
Vice President
Global Workforce Diversity
HR-USA
International Business Machines Corporation (IBM)
Route 9, Town of Mount Pleasant
North Tarrytown, NY 10591
Telephone: 914-332-2280 FAX: 914-332-2115

PACIFIC TELESIS GROUP

Background

The Pacific Telesis Group (Pacific Telesis) is comprised of several companies, including Nevada Bell and Pacific Bell, which represent over 87% of the Pacific Telesis workforce. The principal services and service products of the Pacific Telesis Group are telecommunications related, including local and toll telephone services, data transmission services, and directory publishing. The company is headquartered in San Francisco, CA, has over 50,000 employees, and operates within California and northern Nevada. Pacific Telesis recently merged with SBC Communications.

Recruitment and Hiring

Pacific Telesis engages in campus and targeted recruiting at career fairs, colleges, and through civic and professional organizations, including the Society for Hispanic Professional Engineers, the Society for Women Engineers, the National Society for Black MBAs, and the National Society for Hispanic MBAs, as well as through agencies and advertising. It works closely with colleges and universities having notable engineering and science programs and significant women and minority enrollment.

The company's Summer Internship Program for college students, within a year or two of graduation, focuses on attracting high-caliber students for the summer and placing them in paid management positions. From 1991 through 1994, it had 346 summer interns in the program, 47.7% of whom were minorities - 9.8% Black, 13.3% Hispanic, 24.6% Asian - and Women 40.2%.

The Accelerated Management Program (AMP) is a recruiting and development effort targeted at high-potential recent college graduates. Its objective is to enrich the source pool from which promotions are made to middle management and above. Components of the program include supervisory and customer-facing experience, technical and management training, planned job moves, and mentoring. Pacific Telesis states that AMP hiring has been especially effective for recruiting minority and women managers with leading-edge skills.

Pacific Telesis participates in the Industry Initiatives for Science & Math Education Summer Fellowship Hires Program. During school summer vacation months, the company hires middle and high school science, math, and computer teachers. They are assigned a company mentor and work on projects that can be accomplished during an eight-week period. Company coordinators help teachers extend the experience to their classrooms by arranging class trips to the company, visits of company speakers to the classroom, and company donations of equipment and materials.

The company has non-salaried (hourly) placement centers. These centers focus on outreach for minority and/or women applicants, and applicants for non-traditional occupations. Traditional sources, such as governmental referral agencies and women and minority organizations, receive periodic contact, briefing sessions, tours, technical and sales career fairs, and recruiting materials. Pacific Telesis has recruited and hired employees from such organizations as the Asian American Career Fair, Larsen (individuals with disabilities), Northern California Diversity Fair, Urban League, American Sign Language Foundation, Greater Avenues of Independence (G.A.I.N.), and Women at Work.

From 1991 through 1994, Pacific Bell, the largest entity of the Pacific Telesis Group, hired 8,129 employees, 48% were white, 21% Hispanic, 21% Black, 9% Asian, and 1% American Indian. In terms of gender, 63% of the hires were women and 37% were men.

Promotion and Career Advancement

Pacific Telesis has a number of executive and management development programs. Its succession planning process places extra attention on upward mobility for women and people of color.[10] Its Accelerated Development Process includes all managers who show potential for advancement, providing for participation in formal mentoring, regular formal and informal interactions with senior managers, individual development planning, and planned job moves. Pacific Telesis also has Executive Education Programs, the AMP, and monitors progress through report cards.

Mentoring is a part of Pacific Telesis' programs. The mentor, typically at least two levels senior to the protégé, provides additional development and support. Mentors help to broaden their protégés' understanding of business issues, expand professional networks, and facilitate opportunities for developmental work experience. Pacific Telesis Chairman Phil Quigley helped ensure the success of the program by personally inviting company executives to be mentors and by serving as a mentor himself. Pacific Bell has been recognized for its mentoring program in a number of publications, including the September 21, 1992 Fortune magazine cover story, "Working Women: When will they make it to the top?"

Pacific Bell offers tuition aid to employees pursuing any of twenty majors, with no dollar limit attached to first-time undergraduate degrees. Through its Self-Directed Education program, Pacific Bell has established relationships with community colleges and four-year institutions throughout California. Under this program, groups of employees attend accelerated and work-coordinated degree programs on company premises statewide. In conjunction with the University of LaVerne, Pacific Bell has created another program, consisting of college equivalency course work, with instruction and textbooks in Spanish, leading to a bachelor of science in business administration.

Pacific Bell offers employees a wealth of educational and training experiences on the job and in classrooms, by distance learning over a satellite link, and through a variety of self-instruction programs. Through a wide network of education and training resources, employees and their managers can select appropriate educational and training resources to help meet both individual and organizational development needs. These resources include leadership and quality education, self-directed education, development for marketing professionals, customized educational programs, corporate-support and customer-focused training, network and information services training, and a range of technical training options.

Pacific Telesis' Employee Career Centers offer services for all employees to help them balance individual development needs and business requirements. Thousands of employees have taken advantage of the career and life planning workshops, interviewing preparation, resume writing, individual career counseling, skill and self-assessment help, and a variety of career and job resources.

The Jobs Preparation Program was instituted at Nevada Bell in partnership with its Communications Workers of America (CWA) union local. It provides opportunities for employees to gain experience in different jobs without necessarily having the prerequisite qualifications and skills. According to Pacific Telesis, the program has been very successful in giving women and minorities the opportunity to learn higher-level jobs and to become more competitive for new job openings.

In the HORIZONS program, CWA, and Pacific and Nevada Bell agreed to provide supplemental and transitional skills training to eligible employees to improve computer skills or in preparation for another assignment. The program has become a vehicle for employees to supplement existing occupational skills and knowledge and to become more competitive for jobs, whether it be a change in career direction or to prepare for jobs outside the company.

Since 1984, women and people of color have made significant gains in attaining management positions. In 1984, 0.0% of the officers (board elected personnel) were women, while in 1995, 12.1% were women. For senior management (department heads or equivalent), the numbers were 3.5% in 1984 and 20.1% in 1995. For middle management (directors and district managers), the numbers were 17.0% in 1984 and 41.1% in 1995. For managers and professionals, the numbers were 45.9% in 1984 and 50.9% in 1995. Pacific Telesis' Leadership 90s Forum was designed to increase specific leadership skills for women. The forum has workshops on leadership issues and provides opportunities for participants to obtain information from women in senior leadership positions within the corporation.

With regard to people of color, in 1984, 2.8% of the officers were people of color, while in 1995, 12.1% were people of color. For senior management, the numbers were 5.3% in 1984 and 23.6% in 1995. For middle management, the numbers were 7.8% in 1984 and 19.8% in 1995. For managers and professionals, the numbers were 23.7% in 1984 and 34.3% in 1995.

Terms and Conditions of Employment

Pacific Telesis also has a Take Our Children to Work Program. Its Life Works Family resource program provides employees with access to personal consultation and resource and referral information for concerns such as parenting and child care, adoption, elder care, care for the disabled, education for school-age children, and personal care. Employee satisfaction ratings for this service have ranged between 88% and 95%.

The company supports flexible work options. About l8% of its managers telecommute, ranging from one or two days per week to full time. It provides support for telecommuters from its San Ramon administrative offices by maintaining a shared office space and funding equipment for home offices. Telecommuters are able to reserve a designated shared office space, which provides resources, including phone, fax, and information system access. Options, such as flexible work schedules (or flextime), part-time work, compressed work weeks, and job sharing are available when employees are willing and it meets the needs of the business.

Pacific Telesis is concerned about the health of its employees. Wellness programs target cardiovascular disease, which, according to Pacific Telesis is the number one health risk for employees. It operates its own fitness centers which provide employees the opportunity to participate in aerobics classes, use weights or machines, or have a trainer work with them as they pace themselves to reach their target weight. Employees also have access to prenatal care, back care, sleep education, cancer and osteoporosis screening, smoking cessation, stress reduction, family care, and medical consumer information, free of charge.

Pacific Telesis emphasizes its commitment to the goals of equal opportunity for individuals with disabilities. It emphasizes it makes reasonable and effective accommodations for qualified employees and applicants case by case depending on the individual's needs and the needs of the business. Its structured accommodation process includes such steps as: employee and management responsibilities, determining disability and medical restrictions, resolving disputed medical restrictions, and accommodating part-time work restrictions. Trained Job Accommodation Specialists are available to provide advice to managers and employees on accommodation issues. If reasonable accommodation cannot be made within an employee's current position, a job search will be conducted throughout the company for other positions for which the employee is qualified. A Manager's Guide to Reasonable Accommodation provides Pacific Bell managers with step-by-step instructions as well as advice about what they and the company can do to provide employment opportunities for qualified individuals with disabilities. Pacific Telesis' commitment to reasonable accommodation has prompted consideration of computer voice input technology applications for use by employees with medical restrictions or physical disabilities.

Other Policies, Programs, and Practices

Pacific Telesis is supportive of a diverse workforce. Eight employee organizations reflect the interests and needs of its employees, with chapters statewide: Asians for Corporate and Community Action, Bell Employees for Adaptability, Community Involvement Teams In Every Sector, Gay and Lesbian Employee Association, Latino Professional Association, Pacific Bell Minority and Women's Advisory Board, Telephone Pioneers of America, and Pacific Telesis Employees for Women's Affirmative Action. The company's employee publication featured a lengthy series of articles in 1996 on celebrating diversity.

The company's commitment to the economic development of veterans with disabilities, minorities, and women suppliers remains strong. It has long supported a variety of conferences and trade fairs to help identify, for specific procurement opportunities, business enterprises which are owned by minorities, women, and veterans with disabilities. Pacific Bell is a co-sponsor of the ten-week Entrepreneurial Management Program designed to teach Minority and Women Business Enterprises/Disabled Veterans Business Enterprises (MWBE/DVBE) and small-business suppliers graduate-level managerial skills. It is a founding investor in a statewide consortium composed of thirty-three California banks and several corporations called the California Economic Development Initiative designed to provide loans to California's small and emerging businesses, which may have difficulty obtaining capital otherwise because of conventional loan criteria.

In addition, Pacific Telesis' economic development agreement with the National Association for the Advancement of Colored People (NAACP) has expanded employment and business opportunities for African Americans and all minorities in California. Pacific Bell is viewed as one of the most progressive of NAACP's "fair share" companies and was honored in 1994 with a ten-year Fair Share Award.

The company has a mutual cooperation agreement with the Hispanic Association for Corporate Responsibility (HACR) to promote Hispanic participation in and support of the telecommunications industry through business opportunities and information exchange. Pacific Bell received an award from HACR for being a socially conscious corporation contributing to the quality of life in all communities and recognizing every segment of its market.

Pacific Bell offers an Efficacy for Professionals of Color Seminar, a four- to six- day seminar to introduce a model of development that encourages risk taking and acceptance of challenging job assignments to develop increased capability. Pacific Bell also offers an Efficacy for Women course that is similar to the Efficacy for Professionals of Color Seminar, but with an emphasis on understanding the skills that enhance women's potential to become more effective managers.

Management Commitment and Accountability

The Telesis Management Institute provides courses to help managers, among other things, meet the specific needs of newly hired or promoted managers, persons of color, and women. All newly hired and promoted managers attend a one-day seminar to learn the fundamentals of fair, effective, and lawful personnel practices, including, according to the company, a good working knowledge of the basics of EEO, affirmative action, and sexual harassment prevention. Mandatory training, called "How to Recognize and Manage Subtle Sexual Harassment in the Workplace," is required for all supervising managers and professionals and for all managers in middle management and above.

The Joint Diversity Council, with membership from each of the eight employee organization groups listed above (in Other Policies, Programs, and Practices), meets regularly with senior managers of the company to discuss and resolve issues that benefit from the perspectives each group provides.

Person to Contact for More Information

Renea D. Lacy
Manager, EEO/AA Compliance
Pacific Bell, A Pacific Telesis Company
2600 Camino Ramon, Room 2N 154
San Ramon, CA 94583
510-867-8506

PRICE WATERHOUSE LLP

Background

Price Waterhouse LLP (Price Waterhouse) is one of the largest accounting and professional services firms in the country, employing more than 15,000 people. The firm is headquartered in New York City, but has offices throughout the country.

Recruitment and Hiring

Price Waterhouse actively recruits women and people of color from approximately 250 colleges and universities throughout the country.

The firm has formed partnerships with national organizations, such as the National Association of Black Accountants, A Better Chance, INROADS, Women's Society of CPAs, American Institute of CPAs, and the American Association of Hispanic CPAs, to attract women and people of color to the accounting profession and the firm before it's time for the individuals to make career decisions. Among its many internship programs, almost twenty of its practice offices participate in the INROADS internship program to encourage students who are members of minority groups to consider careers at Price Waterhouse. INROADS is one of the country's largest career development organizations focused on cultivating and placing top-ranking students of color in business and industry. Price Waterhouse has long been a sponsor of A Better Chance, one of the leading national programs supporting gifted students of color, and recently became a partner in helping prepare participating students and alumni for entry into the business world. Price Waterhouse is also a member of Project Equality, a program committed to maintaining employment policies and practices that affirmatively promote equal employment opportunity for people of color, women, persons with disabilities, and others who encounter discrimination.

In 1996, it hired more than 500 women in entry-level positions, representing about 46% of its total hires at the entry level. The number of women on staff on July 1, 1996, had increased from 2,990 in 1990 to 3,717, or more than 20%. The firm also hired 226 people of color in 1996, comprising about 20% of entry-level hires. It has more than doubled the number of minorities on its professional staff, from 719 in 1990 to 1,692 on July 1, 1996.

Promotion and Career Advancement

Mentoring programs operate throughout the firm. Women and people of color have been meeting informally for a number of years to support each other, discuss career strategies, and recommend action plans. Price Waterhouse actively supports their activities and makes firm resources available for meetings. Bi-monthly Female Leaders Luncheon meetings, held by the firm's female leaders in the Northeast, discuss issues affecting women in the firm and seek to generate concrete ideas that will lead to improvements in the retention and advancement of women in the firm. Networking Circles is a new group mentoring program recently developed and being piloted in the Northeast region to increase the representation of women at the Partner and Director levels. Each Networking Circle consists of eight to twelve women, who are mentored by two to three partners. Designed to leverage the region's best mentors, both male and female, the program uses a group mentoring approach to avoid artificial pairing of people, recognizing that many informal one-on-one and peer networking relationships are still likely to result from these sessions. A voluntary mentoring program in Chicago pairs new hires with senior staff members to help them feel like part of the team and more connected to the firm. The West region has formalized its mentoring process by matching staff with willing mentors and by counseling all participants so that both mentors and those being mentored clearly understand their roles. The Public Utilities Group matches a mentor with each staff member who desires such a relationship.

As of July 1, 1996, forty-six of Price Waterhouse's partners are members of minority groups, which represent 5% of the total number of partners compared to twenty-six minority partners, or 3%, in 1990. In addition, 436 or 20% of its client service management staff members (senior managers and managers) were minorities, compared to 217, or 7% in 1990. As of July 1, 1996, seventy-one of its partners were women, which represent 8% of the total number of partners compared with thirty-four women partners, or 4%, in 1990. A comparison of data submitted in the firm's EEO-1 Report for the three years 1990, 1995, and 1996 shows the total number of minority officials and managers tripled from 157 to 457. The EEO-1 Report disclosed by Price Waterhouse, in its submission, also shows the total number of women officials and managers more than doubled from 689 to 1,451.

Terms and Conditions of Employment

Price Waterhouse has a host of programs and initiatives to support its employees. It offers a variety of flexible work arrangements that are used to accommodate diverse personal situations such as transitioning back to work following the birth or adoption of a child, juggling the responsibilities of caring for elderly or ill parents, or returning to school for an advanced degree. Examples of flexible arrangements at the firm include serving a reduced number of clients, working targeted hours or days, job sharing, telecommuting, and leaves of absence. More than 800 people in the firm, including two partners and 100 women managers, are officially using some form of these arrangements.

Price Waterhouse also has family-friendly programs and services providing additional tools to help balance work and personal responsibilities. These programs include parenting and the secrets of smart families; child care referral services for advice; elder care referral services; in-home emergency child care services; a twenty-four hour employee assistance program to help people at the firm and their families cope with stressful personal issues such as marital difficulties, career concerns, substance abuse, concerns abut children or parents, or financial stresses; adoption assistance reimbursement up to $3,000; leaves of absence to take advantage of special opportunities; and practical tools and resources to strengthen parenting and work-life balance skills.

More specifically, Price Waterhouse has partnered with other major U.S. businesses as one of twenty-one "champion" companies in the American Business Collaboration for Quality Dependent Care, collectively pledging $100 million over six years to improve the quality and quantity of dependent care in communities across the country where its employees live and work. Price Waterhouse is participating in twenty-one dependent care American Business Collaboration projects in New York, San Francisco/San Jose, Tampa, and Washington, DC. More than 400 staff use the firm's dependent care services.

Through Smart Families/Smart Business, employees benefit from a host of work-family balance techniques and resources that offer tips and insights to help them carve out more quality time with their children; discover and encourage the natural talents of their kids; learn creative ways to nurture their marriages; and redefine the relationship with their own parents.

Price Waterhouse provides for paid sick leave for up to three months as a result of illness, injury, or pregnancy. For Maternity/Adoption, at the employee's request, an unpaid leave of absence for up to six months will be granted. In Maternity cases, this will follow the period of paid sick leave.

Price Waterhouse also provides a course on sexual harassment communication and prevention.

Other Policies, Programs, and Practices

Price Waterhouse offers diversity education to everyone in the firm to raise and maintain a high level of awareness and help people in the firm improve their communication and relationship-building skills in order to work more effectively with each other and with its multinational clients. The firm has a gender awareness course designed to help break down gender barriers, help partners and staff better understand and appreciate differences in the way men and women communicate, and to build a shared language for discussing those differences. The firm also has two other diversity courses, featuring: global difference - culture's impact on business; and diversity - valuing a diverse workforce.

Nearly 1,800 staff members participated in diversity education programs.

Management Commitment and Accountability

Price Waterhouse enclosed a number of messages "From the Chairman," indicating his commitment to its people, diversity, and equal opportunity.

Price Waterhouse's National Diversity Council was formed in December 1994 to ensure that the leaders in the firm focus on high-priority diversity issues, including work and family issues, and promote tangible results in the day-to-day experiences of each individual at the firm. For 1997, the top priorities for the Council include increasing the retention and advancement of women in the firm; integrating throughout the firm the values and behaviors necessary to support a diverse workforce; and energizing the firm's network of lifestyle and diversity committees, which, in turn, will drive the creation of other firm-wide diversity programs. Overall, the Council plays a major role in identifying and helping remove any barriers that may prevent the environment from being one that supports and provides opportunity for everyone in the firm; integrating diversity and lifestyle initiatives into every practice office; and incorporating these efforts into the operating plans at all levels of the firm.

Price Waterhouse has revamped its recognition and rewards program to incorporate criteria that reinforce and reward, encouraging the advancement of women and people of color. It formed a new Human Resources Committee within the firm's Policy Board to focus specifically on its people, including the advancement of women and minorities. To foster accountability, partners are evaluated on their success in: actively fostering the careers of women and minority staff; seeking innovative alternative workplace solutions to retain top performers, e.g., part-time, telecommuting arrangements; and attaining goals for recruiting and retaining high-performing women and minority staff.

Person to Contact for More Information

Sharon J. Robinson
Manager, Diversity & Work-Life Programs
Price Waterhouse
1177 Avenue of the Americas
New York, NY 10036
212-596-7000

ROUSE COMPANY

Background

The Rouse Company (Rouse), headquartered in Columbia, MD, is one of the largest publicly held real estate development and management companies in the United States. Founded in April 1939, the company has over 5,000 employees. Rouse operates 192 properties encompassing office, retail, research and development, industrial, and hotel space. The properties are in twenty-four states, the District of Columbia, and Canada; and they have an asset value exceeding $4.7 billion.

Some of the notable properties include the nation's most successful planned community in Columbia, MD, with more than 81,000 residents, 2,500 businesses, more than 57,000 jobs and 21 million square feet of commercial space. Other developments include Faneuil Hall Marketplace, the creative revitalization of Boston's waterfront; Baltimore's Harborplace and The Gallery at Harborplace; South Street Seaport on New York's Manhattan Island; Bayside Marketplace in the heart of Miami's cruise port district; Riverwalk, stretching along the banks of the Mississippi River in downtown New Orleans; and The Grand Avenue, on a downtown Milwaukee block.

The goals of the company, in no priority order, are to improve the quality of life in communities where they operate; to provide people in the company with opportunities for fulfillment; and to produce financial results that will reward those who invest with them.

Recruitment and Hiring

Rouse seeks to hire women and minorities in managerial positions. In 1995, forty women and fourteen minorities were hired into the managerial category. Women represented 60% of the hires, while minorities were 21%.

The company also has maintained a Special Affirmative Action Program since 1978. Its purpose is to recruit minorities into professional and management positions for the company. According to Rouse, the program has been particularly effective in attracting, training, and retaining promising minority individuals. Forty-one individuals have been hired through the program and fifteen such individuals are currently employed.

In addition to its overall recruitment efforts, the company has implemented a Special Rotational Assignments/Mentoring Program, which

tries to attract minority candidates directly out of graduate school. The first such participant was recruited and hired during the summer of 1995 and has received special rotational assignments with the most senior levels of management in the Division to which she was assigned.

Additionally, Rouse has expanded its recruitment sources to include traditionally minority and/or female community institutions and organizations. It has maintained an on-going relationship with the INROADS program. That program provides leadership training to college interns as well as high school students in the Pre-College Component. Over the past two years, twelve students have participated in internships at various company locations nationwide; and five of these interns have made the transition into regular employment with the company. Rouse's Director of Human Resources is Chairman of the Board of Directors of INROADS, Baltimore, and a member of the National Board of Directors for the organization.

Rouse has been increasing its use of the Internet for the purpose of recruiting. As part of the company's web site, people anywhere in the world, with access to the Internet, can find out more about the company and its employment possibilities.

Promotion and Career Advancement

Rouse encourages and supports a Network program, which is designed

to enhance the career growth of women at all levels of the company; emphasis is placed on the career advancement of salaried (non-hourly paid) women within the company. The Network sponsors programs which feature presentations by members of senior management on industry trends and corporate challenges. The women members of the company's Board of Directorsmeet periodically with Network members to discuss the role of women and other issues of interest in the company.

The company has an

Upward Mobility Program. Each year the heads of each of the company's divisions meet to identify minorities and women with strong potential for advancement. At present there are seven women and two minorities who have progressed through the corporate ranks to the level of Vice President.

Through its policy of posting all available positions, every employee is able to apply for promotional opportunities. According to Rouse, minorities and women received a substantial proportion of promotions to and within professional and management groups.

Rouse has maintained an Educational Assistance Plan to help pay for job related courses, or courses which are part of an approved degree program. Education assistance has been used by employees to improve job performance, as well as to prepare for promotional opportunities. In addition to job specific courses, the company also reimburses employees for the costs associated with obtaining their General Equivalency Diploma (GED) as well as for enhancing English fluency through the English for Students of Other Languages (ESOL) Program.

Terms and Conditions of Employment

Rouse promotes a variety of programs to attract a diverse workforce, and to support the balancing of work, life, and family responsibilities:

• Alternate Work Schedules, including part-time, temporary, on-call, telecommuting, job sharing and flextime.
• Adoption Assistance, which reimburses employees for costs associated with adoption (i.e., legal, medical) up to $4,500 per adoption.
• Academic Scholarships, which are provided to the dependents of employees, based on need, up to $3,500 per academic year per student.
• World Learning, Inc., Scholarships (aka Experiment in International Living), which provide to dependents of employees the experience of a summer abroad.
• Flexible Benefits, which, when they were provided by Rouse in 1983, marked Rouse as the first in the State of Maryland to offer a full program of flexible benefits to meet the individual needs of the workforce. These benefits include Child and Elder Care Pre-Tax Spending Accounts, Health Insurance, Time-Off with Pay (i.e., vacations, floating holiday, occasional absence, sick leave, and retiree benefits).
• LOCATE, a service provided by the Maryland Committee for Children, assists in locating convenient and affordable child care, and is available through the company. The service also provides counseling and educational support to assist parents in addressing their child care needs.
• The Wellness Program promotes employee health through education, assessment, and participation incentives. The program includes Mammography Screening, Brown Bag Lunch Seminars, Aerobics Classes, Smoking Cessation Program, Weight Loss Program, and Health Screenings.
• Individual Assistance Program, which deals with the broad range of human relations problems, such as emotional or behavioral disorders, family and marital discord, alcohol and drug abuse, financial, legal, work-related and other personal problems. The program is available to everyone in the company and their dependents.
• Family, Medical, and Other Leaves of Absence, which comply with the Federal Family and Medical Leave Act of 1993, and allow leaves of absences for, among other things, the birth or adoption of a child, or the placement of a child through foster care.
• Special On-Site Childcare, for school-aged children (kindergarten through middle school), which is made possible through an Educational Partnership between the company and Wilde Lake High School in Columbia, MD.
• Time-Off-With-Pay Benefits, which, when it is necessary, excuses an employee from work for short periods of time to take care of personal matters. The company's time-off benefits include, but are not limited to occasional absences for parental commitments, sick leave (ninety-six hours per year for illness of the employee), short term disability, and long term disability.

Over ten years ago, the company developed a policy prohibiting sexual harassment in the workplace. That policy is included in the company's Personnel Policy Manual and Employee Handbook.

Other Policies, Programs, and Practices

To emphasize the company's commitment to create a working environment free from discrimination and harassment, a training video, in English and in Spanish, was developed which is required viewing for all new hires. Numerous seminars and training sessions are provided for employees annually, which cover the laws relating to workplace discrimination.

Rouse sponsored a Diversity Training Workshop, in the spring of 1995, through ERIS Enterprises to raise awareness of the diversity issues confronting a multi-cultural workforce. This training session was well attended by a wide range of employees throughout the company.

Management Commitment and Accountability

Rouse has written Affirmative Action Plans that cover equal employment opportunity for women, minorities, individuals with disabilities, and Vietnam Era Veterans. These plans provide guidance to management with respect to the company's commitment to full implementation of its EEO/AA policy. The company's official policy statement is included in the plan, is published in the employee handbook and is prominently displayed on company bulletin boards throughout the company. The Director of Human Resources is the Affirmative Action Officer and has the primary responsibility for ensuring full compliance with the plan. Statistical data, including but not limited to data necessary to conduct a workforce availability analysis and utilization analysis, is collected and analyzed on an annual basis.

Under the direction of the President of the company, meetings are held during the Spring and/or Summer of each year between the Affirmative Action Officer, the General Counsel, and the heads of the various corporate divisions. The purpose of these meetings is to identify opportunities for recruiting, training, and promotion of minorities and women into upper management of the company.

Person to Contact for More Information

William D. Boden
Vice President
Director of Human Resources and Administrative Services
The Rouse Company
10275 Little Patuxent Parkway
Columbia, MD 21044
Telephone: 410-992-6511 FAX: 410-964-3436

WISCONSIN ELECTRIC POWER COMPANY

Background

Wisconsin Electric Power Company (Wisconsin Electric) is a holding company conducting business in four segments: electric operations, gas operations, steam operations, and non-utility operations. The company provides electric, natural gas and/or steam service to about 2.3 million people in southeastern and northeastern Wisconsin, and in Michigan's Upper Peninsula. Wisconsin Electric is headquartered in Milwaukee, WI, and employs more than 4,000 people.

Recruitment and Hiring

Wisconsin Electric attends career fairs sponsored by minority and women's organizations such as BDPA (Black Data Processing Association), NSBE (National Society of Black Engineers), SWE (Society of Women Engineers), MICRO (Minorities in Computer Related Occupations), NABA (National Association of Black Accountants), and SHPE (Society of Hispanic Engineers). The company attends career fairs sponsored by colleges and universities that provide a diverse pool of candidates such as the University of Wisconsin - Madison - multi-cultural career fair and the Florida A&M University career fair. Wisconsin Electric partners with Historically Black Colleges and Universities and recruits on their campuses (e.g., Florida A&M, Tuskeegee Institute).

The company advertises in professional minority newsletters and minority-owned newspapers, and features people from diverse ethnic and racial groups, as well as women employees, in its recruiting brochures and recruiting displays. It employs INROADS students (students from diverse ethnic and racial groups) as college interns and prepares them for possible future full-time employment. It provides some employment opportunities for minority high school students who are participants in its private high school scholarship program. The company co-sponsors an annual Women in Hard Hats workshop that introduces women to non-traditional employment (the other sponsor is the NET project, Non-traditional Employment Training).

As a result, the number of minority engineers working at the company has nearly doubled since 1990. Fifty-seven percent more women have been employed as information systems analysts since 1990. For 1997, through May, 45% of all new hires into the information systems job group have been people from diverse ethnic and racial groups. Again, using 1990 as the base year, for 1997, more people from diverse ethnic and racial groups and women occupy field construction and maintenance crew jobs--up 43% since 1990 even though the total jobs decreased 11%.

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Promotion and Career Advancement

As a general matter, job opportunities have to be announced, except under specified circumstances.Wisconsin Electric has guidelines to help hiring officials decide whether or not to announce a job opportunity.

A mentoring program has been established to allow professional new hires and employees entering professional occupations to better acclimate to the environment of the company. Employees are matched with mentors who have or may have similar job duties, are in the same department, or have a similar education background.

The company offers tuition reimbursement to all employees up to $5,000 per year. Employees are reimbursed up to 90% for courses related to the business or 60% for self-enhancement courses.

Terms and Conditions of Employment

Wisconsin Electric has an EEO and a No Harassment policy. These policy statements are displayed on all bulletin boards at all company locations. The statements are also posted on its electronic bulletin boards, which are accessible via E-mail. Periodically, the policies are published in the company's bi-weekly employee publication. Both policy statements are updated annually.

As part of the No Harassment policy statement, there is an internal complaint procedure to address allegations of sexual harassment. Accordingly, employees can voice their concerns regarding sexual harassment and have the opportunity to file an internal complaint. This process is communicated along with the issuance of the policy statements. Because of the published complaint procedures, employees have taken advantage of the process and have resolved issues internally instead of externally. In addition, specific training addressing sexual harassment prevention has been designed. The training is available to all employees, and is specifically provided for new hires, new supervisors and managers, and for members of its alternative dispute resolution teams. The program is also offered on request to any group of employees requesting the training. Because of the training, the employee population is better educated on the topic of sexual harassment.

Wisconsin Electric also seeks to ensure pay equity. Accordingly, it conducts an annual audit of its compensation policies and practices, including incentive pay, base pay, and performance ratings. As a result of the audits, some back pay was issued to employees where unexplainable inconsistencies, concerning compensation, were found. According to Wisconsin Electric, a more equitable compensation system has also resulted.

In terms of work-life and family-friendly policies and practices, Wisconsin Electric offers flex time and alternate work schedules in many areas of the company, a Dependent Life Insurance option under Flex Benefits, Sick Child Care Plan which includes monetary vouchers for use at sick child care centers, and Wellness benefits under medical coverage such as well baby care and routine physicals. The Joint Health Committee, recently formed, has nearly forty volunteer site committees throughout the company with the goal of motivating employees and their families to take action regarding health, and consequently reducing overall costs associated with medical care. The company has an Employee Assistance Program which provides support to employees for personal or family related problems. A "Benefiting You" brochure is mailed to all employees. As a result of these policies and practices, according to the company, there has been an improved quality of life for those who participate in the flex time, and alternate work schedules, as well as the other benefit activities.

Termination and Downsizing

Wisconsin Electric downsized its organization during its re-engineering efforts in 1994. In order to ensure that women, people of diverse ethnic and racial background (minorities), and older employees were not disproportionately being terminated, a review of each business unit/department was taken before any layoffs occurred. Business units/departments were then asked to submit their "proposed" layoffs. The Workforce Diversity staff performed an adverse impact analysis on the proposed layoffs and shared those results with the units. If it was determined that adverse impact would occur if the proposed layoffs were actual, units were asked to think about ways to reduce the impact.

All individuals affected by the 1994 downsizing were given the opportunity to use an outplacement service. The corporation hired a consulting firm that specialized in outplacement, and covered the costs of all employees who took advantage of the program. Components of the program included resume writing and interviewing skills. Accordingly, the company sought to provide a smoother transition and assistance for displaced employees.

Alternative Dispute Resolution

To help resolve internal conflicts, Wisconsin Electric initiated the Consulting Pairs Program. According to Wisconsin Electric, Consulting Pairs teams are taking the lead in breaking down relationship barriers within the workforce. Their primary mission is to confidentially mediate a broad range of "issue resolutions" and, in the process, improve the quality of work relations among employees. Consulting Pairs also facilitate "join-ups" for new or transferred employees to reduce the orientation period and allow them to make a contribution to their work area as quickly as possible. All members must complete fifteen days of training. The emphasis of the training is on race, gender, and conflict resolution skills. All members of the network must have completed six days of residential diversity training, three days focusing on gender issues, and three days focusing on race issues. An additional nine days of training must be focused on conflict resolution. A brochure with pictures of each team member and their name is available to all members of the work area that the Consulting Pairs are responsible for. In addition, employees are encouraged to use a hot-line that the Program Manager or another designated member monitors. When an issue is brought to the Program Manager, it is given to a pairs team that best mirrors the employee(s) involved.

Consulting Pairs are active for an eighteen-month period at which time a new team of Consulting Pairs is selected for training. The previous team members assist the new team as mentors and continue to provide support as needed.

Consulting Pairs are chosen after an extensive interview process conducted by a consultant to ensure that the employees selected are able to effectively participate. The screening takes into account years of service, race, gender, and occupation so that members chosen will reflect the work area. A total of eighteen members are selected to represent approximately 500 employees. To date, six Consulting Pairs teams have been trained and one team is in the process of being selected.

The program is expected to serve as a referral for EEO complaints within the company and reduce the number of complaints that go outside of the company. The company expects that enhanced relationships and improved productivity should result from the corporate support for diversity efforts.

Other Policies, Programs, and Practices

In an ongoing effort to establish and maintain a workplace that values and leverages its employees to their maximum potential, Wisconsin Electric formed the Diversity Network. The Diversity Network is composed of five interlocking components: The Diversity Leadership Development Team, the Diversity Training Design Team, the Diversity Action Team, the Employee Networks, and the Consulting Pairs Teams. All of the Diversity Network Teams are comprised of a cross-section of diverse employees throughout the company.

The Diversity Leadership Development Team functions largely as a steering committee. With input from the other network teams, a diversity mission statement was created. This team is also responsible for establishing diversity goals and measures for the corporation. Wisconsin Electric states that the visible leadership and commitment they provide is a key ingredient to the success of the Diversity Network.

The Diversity Training Design Team is responsible for evaluating the effectiveness of diversity training programs and developing follow-up training programs based on its research and feedback for previous programs. The team has established diversity workshops that will be offered to the company over the next two years.

The Diversity Action Team (DAT) provides ongoing feedback to the Leadership Development Team on diversity programs, strategies, and initiatives. The DAT also coordinates the Diversity Network Newsletter, the United Negro College Fund annual walk/run, and the Women in Hard Hats workshop.

Person to Contact for More Information

Tracy Powe
Wisconsin Electric Power Company
231 W. Michigan
P.O. Box 2046
Milwaukee, WI 53201-2046
414-221-2070

C. "Best" Practices Presented by Companies in Recruitment and Hiring

In this sub-section, the Task Force sets forth recruiting and hiring practices. We think it helpful to consider these practices as supplementary and complementary in nature rather than as substitutes. We hope the reader will recognize that there are many recruitment and hiring mechanisms. Some can produce results in the short term while other mechanisms may take somewhat longer to bear fruit.

Noteworthy recruiting and hiring practices should promote the opportunities and developmental experiences of minorities, women, persons with disabilities, and older persons. However, the Task Force was not necessarily looking just at innovative recruitment and hiring practices, but also at how comprehensive and diverse were practices of the company. The Task Force was particularly impressed with relationships begun when the potential employees were not yet, or just barely, of age to work for the company, as well as with programs which were seeking to expand the pools of qualified minorities, women, persons with disabilities, and older workers as candidates. In addition, we looked for the employer's consideration of the diversity of the candidate pool; the adequacy of the information network in terms of notifying interested persons of opportunities; recruitment practices as related to search firm referrals and organizational recruitment initiatives; selection procedures; results of recruitment and selection; and the extent to which and how monitoring was accomplished. Practices for retaining employees were also considered. Needless to say, the Task Force did not find practices applicable to all these areas.

However, a number of recruitment and hiring mechanisms may be highlighted. At the outset, one company stressed the importance of a recruitment strategy, including an annual needs assessment and a comprehensive multi-faceted plan. In terms of implementing a plan, many mechanisms were identified by the companies. Scholarships for education, work/study programs, and internships were identified as useful mechanisms. One company has a corporate mentoring program to work with students in an effort to identify, recruit, and hire qualified candidates. Participation in job fairs, posting notices on job hotlines, the Internet, and in minority publications are used. In addition, participation in career fairs, having open houses, working with professional associations, such as the National Society of Black Engineers and the Society of Women Engineers, working with civic associations, and targeting educational institutions for diversity of student population are mechanisms used by many companies. The use of recruiter, referral, and search firms with instructions to present diverse candidate pools may be utilized to expand the search network. Bonuses paid for successful referrals that result in hire may also be helpful. Company partnerships with selected schools and universities to promote the company as a career choice were identified.

There are also a number of employers who are assisted by organizations. One such organization is INROADS[11], which draws promising college students of color into the world of business, and provides them with guidance, training, and hands-on work experience with a company that frequently leads to a job upon graduation. Such organizations may assist employers in reaching targeted groups. There has also been profiling programs for targeted recruiting. Companies are also making efforts to provide support to an array of minority and women's organizations, as well as minority institutions. Several companies also sponsored programs for interested persons to learn more about the company and/or the type of work the company does.

The employers' practices, chosen to be profiled, essentially go above and beyond the requirements of the law. Thus, for example, there are no legal requirements that companies recruit at minority universities or to mentor students. These profiled practices address many of the barriers to recruitment. One profiled practice emphasizes the importance of comprehensive multi-faceted planning to attract and retain world class employees. Some of the profiled practices have the goal of ensuring that qualified individuals in the targeted groups are made aware of employment opportunities and are considered for employment. Other profiled practices have the goal of assisting targeted groups of persons in obtaining the required education and training to be considered for employment. Some of the profiled practices focus on persons with disabilities. There is no indication that these practices cause or result in unfairness. The companies' practices were also chosen because of the diversity and comprehensiveness of the companies' recruitment strategies and/or the uniqueness and innovativeness of their programs.

In implementing recruitment and hiring policies, programs, or practices, there are certain steps that should be considered that will help to avoid discrimination or limit liability. These are set forth in Appendix C.

The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of this sub-section summarizes the practices brought to the attention of the Task Force, including those from the companies with comprehensive programs.

ARMSTRONG WORLD INDUSTRIES, INC

.

Background

Armstrong World Industries, Inc. (Armstrong), is one of the world's leading manufacturers and marketers of interior furnishings. The company manufactures a variety of products, including resilient flooring, acoustical ceiling systems, insulation materials, and several different types of industrial products. Armstrong manufactures and markets products around the world from its twenty-eight domestic and twenty-one international manufacturing facilities, and has annual sales in excess of $2.1 billion. The corporation has about 10,400 employees worldwide, with about 3,523 in Lancaster, PA, where Armstrong is headquartered.

Recruitment and Hiring

Lancaster Partnership Program

For the past decade, Armstrong has made a concerted effort to support programs that lead to the improvement of the educational level of the minority community and to diversify the company's workforce. The focus of the effort has been in the form of dropout prevention, mentoring, scholarships for education, and internship programs, all of which are included in the unique Lancaster Partnership Program.

The program combines the talents and resources of Armstrong, a leading figure in the partnership since 1988, and eight other companies, along with Millersville University and the School District of Lancaster. It is a program for minorities (African American and Hispanic students), which offers to high school students hope and support to stay in school; an opportunity to grow, learn, and achieve a better life; guidance and financial support for those continuing their education; and positive minority role models for the community.

To provide the students with an understanding of the corporate environment, a professional's view of life, and a friend in need, Armstrong established the Corporate Mentoring Program. Individual volunteers from the high school, college, and the corporate partners join the program as corporate mentors and undergo several hours of training. The training consists of studies in African American and Hispanic cultures, the "school experience," child psychology, and mentoring, and, according to Armstrong, is very enlightening for the mentors. Armstrong works with the students in an effort to identify, recruit, and hire qualified candidates into the company.

The Lancaster Partnership Program calls for the self-nomination of qualified minority students. Upon acceptance into the program, and graduation from high school with at least a "C" average in the prescribed academic programs, the students are admitted, free of tuition and room and board costs, to Millersville University. The scholarship is based on the financial need of those students who graduate; and the corporate partners agree to provide the difference between federal and state grants to cover all remaining tuition and room and board costs.

Since the program began, approximately 645 students have participated in the program. The first group of students to participate in the partnership graduated from high school in 1993, and from Millersville University and other institutions this year. The number of African American and Hispanic students who were college bound increased 126% from 1992. Armstrong supports this program through its people and with its money. As of 1996, the corporation had provided a total in excess of $90,000 for this program, and it expects to contribute up to $50,000 per year in the future.

Additional Programs and Efforts

Armstrong also has supported numerous programs to help develop and expand the source pool of talent. In 1991, the company was asked by Elizabethtown College, a local liberal arts institution, for funds to help the college diversify its school population with African American and Latino students. Armstrong established the Elizabethtown Multicultural Scholarship Program, and granted the college $160,000 to be used as four $10,000 per year four-year scholarships. Armstrong hired the first student to graduate from this program in 1996.

Armstrong is a corporate sponsor of the National Achievement Scholarship Program and provides, annually, two four-year college scholarships in the amount of $4,000 per year to talented young African American students. Since the beginning of the company's participation in the program, Armstrong has provided financial support to thirty-four National Achievement Scholarship Program winners; and in the summer of 1995, hired its first National Achievement Scholarship winner.

The company created a separate program entitled the Armstrong Multicultural Education Scholarship (AMES) to provide financial support to minority students attending the company's key recruiting colleges and universities. Scholarships range in amounts from $1,000 to $2,000; and the company's College Relations office maintains contact with the students in an effort to recruit them into the company to fill full-time, professional positions. Since its inception, students have received in excess of $200,000 in financial support; and the company has hired three AMES winners into full-time employment positions.

In 1990, Armstrong brought the nationally recognized INROADS program to Lancaster and central Pennsylvania. Once identified, local corporations interview and select students to intern with the company for as long as they maintain the INROADS standards. Upon graduation from college, the student has the opportunity to join the company or to enter the corporate world elsewhere. Sixteen students have had opportunities to participate in Armstrong's INROADS program; and the company hired its first INROADS student in 1995.

Armstrong initiated the Valuing Diversity Training Program in 1994, which creates an awareness of why a diversified workforce is a business imperative in today's competitive global market.

Person to Contact for More Information

Bing G. Spitler
Manager, Corporate Staffing
Armstrong World Industries, Inc.
P.O. Box 3001
Lancaster, PA 17604
Telephone: 717-397-0611

GTE TELEPHONE OPERATIONS

Background

GTE Telephone Operations (GTE) is a subsidiary of GTE Corporation and employs 84,511 employees. GTE Corporation employs approximately 102,000 employees worldwide, and in 1996 posted over $21.3 billion in revenue and sales, with a net profit of about $2.8 billion.

Recruitment and Hiring

GTE has developed a Professional Recruitment Strategy, which is a comprehensive multi-faceted plan. The plan design was developed to attract and retain world class employees at or below the national Employment Management Association cost per hire average, and to increase the diversity of the workforce. Recruitment efforts are measured, monitored, and tracked on a monthly basis.

In order to develop and implement the strategic plans, GTE engages in a number of activities. Annually, a functional Needs Assessment, or forecast, is conducted in order to assess the external hiring needs. Significant information is requested in the assessment about the position and its potential career path for the person who eventually is selected; about the skills, education and experience the ideal candidate should have; and possible associations or employers where such a candidate might be found. Twelve-month plans are developed and tailored by function and job family to determine the appropriate resources required to implement the recruitment plans.

The business case, cost justification, and alternative options are developed and presented to the functional executive management team for budget approval and implementation. Included in this step is the delineation of the advantages and disadvantages of optional recruitment strategies (e.g., whether to hire a full-time/contract recruiter, etc.) and the dates when key steps in the process will be accomplished.

Monthly reports are presented to the Marketplace Team (Executive Management Council) on company-wide progress and results. For example, college recruiting progress is tracked by actual hires per functional or organizational area, and by diversity groups.

Similarly, specific recruiting activities are carefully planned. An Annual Career Fair Project Plan is developed by month, by geographic area, and by special interest/talent group. The Annual Advertising Plan and Annual Diversity Advertising and Career Fair Plan are developed with GTE's national advertising firm. GTE Career Fairs and Open Houses are held monthly or quarterly, depending on changing needs. GTE's College Recruitment Strategy targets a variety of colleges and universities where the diversity of the student population is a key factor. Strategic diversity career fairs, that attract outstanding diversity talent from the major professional associations for women, Hispanic and Black engineers and for Black and Hispanic MBA professionals, are attended five times annually. In-house contract and full-time experienced recruiters and researchers are dedicated to researching and sourcing world-class candidates. Trade show career fairs are also attended in order to attract technical and business professionals. Military bases with junior military officers from major telecommunications bases are targeted for many technical and supervisory positions. A Talent Referral Program was implemented to enlist the support of GTE employees in identifying talent; bonuses of $500, $750, and up to $1,000 are paid for successful referrals that result in a hire.

GTE feels that its recruitment and hiring strategies exceed other "best practices," because there is minimal use of contingency or retained search firms; executives support and have confidence in GTE's ability to source diversified, world-class employees; the partnerships with the company's business sections are effective throughout the entire recruitment process; many or most of the recruiters who are employed have worked in the industry or job family for which they are recruiting, bringing credibility with both the customers and the candidates; recruiters can accurately articulate the position responsibilities, requirements, career paths, products, services, rewards, and benefits offered by a world class employer - GTE.

The company measures its success against the amount of time it takes to fill vacancies; the cost per hire; the quality of hires; and the diversity of hires. The GTE Telephone Operation recruitment and hiring strategy has been, in its view, very well received both internally, as evidenced by its measures and the support given to the process by its customers, and externally, by the company's ability to recruit and hire some of the best women and minority talent available to the telecommunications industry. To date, 44% of the new recruit hires and 53% of the summer interns are ethnic minority.

Person to Contact for More Information

Richard L. Schaulin
Vice President - Human Resources
GTE Telephone Operations
600 Hidden Ridge, HQEO4J10
P.O. Box 152092
Irving, TX 75015-2092
Telephone: 214-718-6306

MITRE CORPORATION

Background

The MITRE Corporation (MITRE) is a private, not-for-profit corporation that works for the federal government and other public interest clients. It is headquartered in Bedford, MA, and McLean, VA. Its operations began in 1963, and currently there are over 4,500 employees.

MITRE operates as a Federally Funded Research and Development Center. Its largest activity is assisting the Department of Defense, the military services, and the intelligence community in systems engineering programs for national security. It also performs work for civil government agencies such as the Federal Aviation Administration, the Environmental Protection Agency, the Federal Bureau of Investigation, and the National Aeronautics and Space Administration. A strong state-of-the-art knowledge of technology underlies all of MITRE's work.

Recruitment and Hiring

MITRE has considered a variety of means by which to encourage minorities and women, not currently in the workforce, who have relevant skills, to consider the potential for part-time or full-time employment. Referral agencies are asked to include minority and women candidates. Vocational agencies are advised of vacancies so that their current students or clients will be advised of employment opportunities. Depending upon the needs of the particular position, the corporation also considers the feasibility of part-time employment, flexible hours (flextime), and other adjustments to work schedules. Such arrangements help all employees, including minorities and women, who currently may not be in the workforce, to balance a work schedule with their other obligations and expand their employment opportunities.

MITRE supports a College Outreach Program for minority engineering and technical students in the Boston area colleges, including Boston University, Massachusetts Institute of Technology, and University of Massachusetts at Amherst.

Among its internship programs, MITRE participates in the INROADS program in Bedford, MA, offering opportunities to talented undergraduate minority students. The program also provides training and enrichment skills to assist the students in developing into corporate and community leaders. Several students have been employed at MITRE during the summer. Some recent graduates have been hired into regular positions.

MITRE is a member of the Industrial Advisory Program at the University of Puerto Rico in Mayaguez, and has an active involvement in technical information exchange and co-op programs there. The program provides research opportunities for talented students, and has opened up new networks and resources to increase Hispanic participation in summer intern and regular co-op assignments.

MITRE recently has begun active participation in AMIE (Advancing Minorities' Interest in Engineering). AMIE is a coalition of Historically Black Colleges and Universities which links schools to Fortune 500 companies. AMIE's goal is to increase the numbers of minority engineers in the American workforce.

MITRE, through participation in a work/study program, has also provided graduate educational opportunities for minorities. The program is sponsored by the National Consortium for Graduate Degrees for Minorities in Engineering and Science, and is known as the GEM Program. The consortium is made up of approximately seventy companies and government laboratories and approximately eighty major universities. Through the GEM Program, capable minority engineering students are identified and offered graduate fellowships to pursue masters' degrees. The fellowships provide students with tuition, fees, and a stipend each academic year. The students can participate in summer internships (prior to graduation) with the companies. Subsequent to graduation, several former GEM fellows have been employed in regular full-time positions by MITRE; and the GEM Program has become an integral part of its commitment to the national minority engineering effort.

The Affirmative Action Advisory Committee (AAAC) has been established to support the corporation's affirmative action programs and equal employment opportunity efforts. The AAAC enhances EEO and AA by facilitating communications on such matters among employees, and by fostering a supportive environment at MITRE. The AAAC activities have included the publication of a cultural diversity calendar, the convening of a Forum, the development of a video series that highlights EEO/AA issues of interest, Corporate Affirmative Action Awards, and Cultural Awareness Programs, such as African American History Month, Women's History Month, Gay Awareness, Asian Heritage Month, AIDS Awareness, and Holocaust Remembrance Month. Additionally, MITRE attends national meetings of Hispanic and American Indian organizations, and participates in events such as those sponsored by the American Indian Society of Engineers and Scientists, and the awards to the Hispanic scientist or engineer who has made the most significant technical contribution during the year.

Person to Contact for More Information

Laura Carrier
Employee Relations Specialist
The MITRE Corporation
1820 Dolley Madison Blvd.
McLean, VA 22102-3481
Telephone: 703-883-7805 FAX: 703-883-7211

MOTOROLA

Background

Motorola is one of the world's leading providers of wireless communications, semiconductors and advanced electronics systems and services. Major equipment businesses include cellular telephone, two-way radio, paging and data communications, personal communications, automotive, defense and space electronics and computers.

Headquartered in Schaumburg, IL, Motorola maintains sales, service, and manufacturing facilities throughout the world, and conducts business on six continents. The company has more than 140,000 employees worldwide, with 85,000 in the U.S. It had $28 billion in sales in 1996.

Recruitment and Hiring

Internal recruiters and external search firms are required to present diverse candidate pools. Motorola recruits at minority universities. The company has made special efforts at Hampton University's engineering department by providing money, equipment, faculty training, and the summer assignment of faculty to work at Motorola. Additionally, the company's support of the television broadcasts of the Black Engineer of the Year and Hispanic Engineer of the Year has increased interest in both Motorola and in engineering by young minority students.

The company's internship program includes the Minority Scholarship Internship Investment Program (MSIIP), which offers summer internships to sophomores and juniors in engineering and finance. If they successfully complete their summer assignments and have a good grade-point average (B- or better), they are given partial scholarships and invited to return the next summer. Due to this program, Motorola says it has increased the number of minority engineering and finance employees. Since 1990, 83% of the students in this program, who have been offered regular positions at Motorola, have accepted.

Person to Contact for More Information

John Lyons
Corporate Vice President
Motorola
1303 East Algonquin Road
Schaumburg, IL 60196
Telephone: 202-371-6936; 847-576-5000 FAX: 202-842-3578

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Background

Prudential Insurance Company of America (Prudential) is one of the largest diversified financial services institutions in the world. The company offers a full range of insurance, investment, health care, and real estate products and services to both individuals and institutions. Prudential is headquartered in Newark, NJ, and employs more than 90,000 employees.

Recruitment and Hiring

One of Prudential's most successful programs has been its partnership with INROADS, a group dedicated to placing talented minority youths in business and industry to prepare them for corporate and community leadership. The program is used by a number of major Prudential facilities around the country. The Corporate Office in Newark, NJ, is the largest corporate sponsor of INROADS interns in Northern New Jersey. Prudential also relies on other programs, including Sponsors for Educational Opportunities and Summer Interns from local colleges. Prudential indicates that these programs have been a rich source of outstanding minority employees.

Prudential has received special recognition from a number of local and national publications and advocacy groups for opening doors for individuals with disabilities. One of its efforts is the Pachysandra Project. This program is a partnership with Our House, Inc., a private nonprofit employment agency. The program provides supported employment for individuals with developmental disabilities. Prudential has been able to use the skills of these individuals to meet a number of its business needs. In some cases, positions have been created by "carving out" routine, clerical support tasks which were performed by highly paid, professional staff. This has proven to be a "win-win" situation. Programs have been freed from time-consuming clerical tasks and the employee with the disability earns a considerably higher wage (than where previously employed in a minimum-wage job, if employed at all) and has the opportunity to develop useful business skills.

Prudential provided a number of features of the program. It emphasizes that real care is needed to match the task and social requirements of the job with the specific needs of individuals with cognitive disabilities. Job sampling is used to assist in identifying the appropriate candidates for the particular position. This allows the individual to "try out" the position before the hiring decision is made. Most positions are part time (usually twenty to thirty hours a week). The work involves such tasks as filing; copying; opening; sorting and delivering mail; data entry; and sending, receiving, and distributing faxes. A mentor is identified in each area where a supported employee is placed. Extensive training of the mentor and key individuals who will be working with the employee is provided, with the goal of fostering a natural employee/employer relationship leading to full integration of the employee into the work environment. Our House staff is available on an as-needed basis to assist in working with the supported employees.

Person to Contact for More Information

Louise Sheppard
Director, Equal Opportunity Programs
Human Resources Department
The Prudential Insurance Company of America
751 Broad Street
Newark, NJ 07102-3777
201-802-7063

TURNER CONSTRUCTION COMPANY

Background

The Turner Corporation, of which the Turner Construction Company (Turner) is a part, is one of the nation's leading general builders and construction management firms. Turner Corporation, which has its headquarters in New York, NY, has forty offices nationwide. Annually the corporation has some 1,500 projects under construction and has erected more than 6,000 major buildings in the United States and overseas since its founding in 1902. Its staff of 2,800 completes $3 billion of construction per year.

Recruitment and Hiring

Turner's submission stresses that its construction services are delivered by a career-oriented staff, that is the company's prime asset, and the success of any project is dependent on them. Therefore, according to the company, it has paid particularly close attention to the careful recruitment and training of well-educated, high caliber personnel, and this has resulted in employee loyalty and longevity that the company submits is unmatched in the industry.

The company puts great effort into developing a future recruitment resource pool through its YouthForce 2000 activity. The program started in 1989; it aims to have youth know the value of a good education, to instill in them a "Go-to-school and stay-in-school" attitude, and to guide them toward careers in the building industry. The program promotes construction career awareness by directing the company's focus to all youths in elementary, junior, and senior high schools, from the inner cities and suburbs across the nation. Turner says that staff members provide needed adult guidance, direction, and role models. YouthForce 2000 includes a Mentor/Prodigy Program, strong relationships with Junior and High School Guidance Counselors, a Summer Internship Program, and a Turner Speakers Bureau.

Other noteworthy recruitment and hiring activities noted by Turner include the following:

• Since 1979, the company has given over 10,000 private and sub contracts to women and minority-owned firms worth over four billion dollars.
• The Turner Construction Management Training Program has trained 5,000 minority and women business representatives. More than half of the graduates of this program go to work with Turner.
• The company recruits annually at predominately black and minority colleges, and hosts an annual National Equal Opportunity Conference.
• Through the national INROADS program, Turner offers summer internships to women and minority youths.

Turner is acutely aware of the responsibilities it has to its neighbors. Turner staff actively participate in various other community programs, such as Christmas in April and Habitat for Humanity.

Person to Contact for More Information

Hilton O. Smith
Corporate Vice President
Turner Construction Company
The Galleria and Towers @ Erieview
1301 East Ninth Street
Cleveland, OH 44114-1870
Telephone: 216-522-1180 FAX: 216-687-8107

U.S. LONG DISTANCE WORLDWIDE COMMUNICATIONS

Background

U.S. Long Distance Worldwide Communications (USLD) is a long distance telecommunications company, offering direct long distance, operator, prepaid calling card, travel card, data transmission and calling center services. The company, which has been in business eleven years, is headquartered in San Antonio, TX, and has 600 employees.

Recruitment and Hiring

USLD has two core values in its Mission Statement - Employee Appreciation and Community Involvement - which are taken very seriously and used as tools when recruiting for all positions. USLD works closely with the Texas Commission for the Blind, The San Antonio Lighthouse, and Easter Seals to secure qualified applicants. The company employs thirteen visually impaired long distance operators. With the assistance since 1993 of The San Antonio Lighthouse, these employees have been utilizing Braille keyboards and modified computer screens to perform their jobs.

Employees with visual impairments make up 6% of the workforce in USLD's Operator Center. All visually impaired employees currently work as long distance operators. One of the company's visually impaired employees since 1993 has served as an assistant trainer. Visually impaired employees are provided readers, orientation specialists, tape recordings and Braille documentation when hired. USLD's assistant trainer who is also visually impaired helps new employees feel comfortable, build their confidence, and become part of the team.

USLD absorbs the expenses to maintain and repair the ALVA Braille keyboards so the employee is not burdened with this expense. In addition, the company has invested in adding Braille labels to vending and coffee machines, microwave ovens, restrooms, etc. Work schedules are also customized for employees that rely on bus transportation service.

The company is currently researching various marketing efforts to enhance its marketing, recruitment, and outreach efforts. A special industrial engineering study, conducted by the Texas Commission for the Blind, was recently completed to evaluate two more departments that may offer promotional opportunities for the visually impaired.

The Vice President of the Operator Center, who also is a member of the San Antonio Lighthouse Board of Directors, and Chairman of its Fund Development Committee, has appeared on local television and radio programs to describe how USLD's program works, and to encourage other employers to hire personnel with disabilities.

Person to Contact for More Information

Joe Puente
Vice President, Operator Services
U.S. Long Distance Worldwide Communications
9311 San Pedro, Suite 100
San Antonio, TX 78216
Telephone: 210-525-9009 FAX: 210-525-0389

TABLE 1. "BEST" PRACTICES PRESENTED BY COMPANIES IN RECRUITMENT AND HIRING

D. "Best" Practices Presented by Companies in Promotion and Career Advancement

Noteworthy promotion and career advancement practices should promote the opportunities and developmental experiences of minorities, women, persons with disabilities, and older persons. The Task Force looked at a number of areas, including the employer's consideration of the diversity of its workforce; the adequacy of the information network in terms of notifying interested persons of opportunities; the adequacy of the selection procedures, including identification and selection of high potential employees; the kinds of developmental practices provided; the extent to which the nature of the developmental opportunities reflect the diversity of the total management candidate pool; and the extent and nature of any monitoring. Accordingly, we looked for effectiveness in the promotion and advancement practice, as well as the opportunities and developmental experiences of minorities, women, persons with disabilities, and older persons. The Task Force did not find practices applicable to all these areas.

Nevertheless, the Task Force found many different types of initiatives. At the outset, at least one stakeholder set forth its policy for promotion and career advancement, including the criteria, procedures, responsible individuals, and the applicability of diversity and affirmative action. One stakeholder indicated that as a part of the strategic plan of the company, goals are set for mid-level, upper-level, and executive positions, and that assessments were conducted on a monthly basis and reported to the President and Vice Presidents. The stakeholder further indicated that for succession planning, upper managers in higher level positions review diverse pools with the participation of the Diversity Director, to ensure diversity as well as the assessment and elimination of potential company cultural barriers.

Other companies also listed the roles played by goals in their promotion and career advancement. A number of companies described their job posting programs and the use of talent pools. Many companies highlighted their succession planning, career development plans, training, educational programs and opportunities, mentoring, and pay incentives linked to progress in the career advancement of targeted groups. Some companies have employee resource centers with information, resources, and tools for continuous learning and optimum job performance. All of these practices facilitate promotion and career advancement. Which is most important? Would we ask which is the most important leg of a three-legged stool? They are all important, and they are all necessary because they work hand-in-hand to build a successful program.

The practices selected go above and beyond the requirements of the law. Thus, for example, the law does not require succession planning or mentoring. The selected practices address many of the barriers to promotion and career advancement. Some ensure that qualified individuals in the targeted groups are made aware of promotion and advancement opportunities and are considered for promotion and advancement. Some assist targeted groups of persons in developing and obtaining the required education, training, experience, and other qualifications to be considered for promotion and advancement. There is no indication that these practices cause or result in unfairness. The companies' practices were also chosen because of the diversity and comprehensiveness of the companies' promotion and advancement strategies and/or the uniqueness and innovativeness of their programs.

In implementing promotion and advancement initiatives, there are certain steps that should be considered that will help to avoid or limit liability. These are set forth in Appendix C.

The companies, whose practices have been selected, are listed in alphabetical order by company. The table at the end of this sub-section summarizes, by company, the practices brought to the attention of the Task Force, including those from the companies with comprehensive programs that were previously featured.

THE AMERICAN BAR ASSOCIATION'S EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE

SUBMITTAL #3

Background

This "best" practice was submitted anonymously through the Equal Employment Opportunity Committee of the American Bar Association.

Promotion and Career Advancement

The EEO practices of this company, with respect to promotions, uses three bid systems to identify and communicate information about job openings --the Job Opportunity System, the Job Advertisement System, and the Hourly Open Postings. When selecting an employee, the company also uses Kepner-Tregoe to help determine teaming, problem solving, and decision making skills.

For each opening, a job requisition requires completion of information related to whether or not underutilization exists. An applicant flow log is used to determine whether adverse impact is occurring and whether a diverse pool of candidates exists. An Employee Concern/Response process allows employees to challenge a selection if he or she suspects that an error was made.

For succession planning, upper managers in higher level positions review diverse pools, with the participation of the Diversity Director, to ensure diversity as well as the assessment and elimination of potential company culture barriers. As a part of the strategic plan for the company, diversity goals are set for mid-level, upper-level, and executive positions. Assessments are conducted on a monthly basis and reported to the President and Vice Presidents.

The compensation organization of the company performs annual assessments, including regression analyses when appropriate. In carrying out its mentoring program, the company has a formal program that provides structured monthly workshops and intermittent interaction between mentors and mentees. Employees can self identify for participation in this program.

Person to Contact for More Information

Patricia L. McNutt
Member of the Equal Employment Opportunity Committee
of the American Bar Association
Deputy General Counsel
Lockheed Martin Energy Systems, Inc.
P.O. Box 2000
Oak Ridge, TN 37831-8014
Telephone: 423-574-2225 FAX: 423-576-5100

DELOITTE AND TOUCHE LLP

Background

Deloitte and Touche LLP is one of the nation's leading professional services firms. Headquartered in Boston, MA, the firm provides accounting and auditing, tax, and management consulting services through 16,300 employees working in more than 120 offices in over 100 U.S. cities.

Promotion and Career Advancement

Initiative for the Retention and Advancement of Women

In 1991, the CEO established a Task Force on the Retention and Advancement of Women, and asked it to help the company find out why women were leaving the firm in greater numbers than men, and what the company could do to confront the issues. The Task Force went directly to the people of the company and identified three key reasons: the environment; perceived barriers to career advancement; and the need to balance work-life commitments. Those findings formed the basis of the Initiative for the Retention and Advancement of Women, which was officially launched in April 1991.

The recommended solutions won unanimous approval in 1993, and included gender awareness workshops for all employees; formal career planning for women (including mentoring); an informal monitoring system which was to ensure that women were not bypassed for the best assignments; flexible work arrangements, such as telecommuting and flexible hours, for women and men throughout the company; no major committee would be formed without naming at least one woman to it; and an outside group of business leaders was to be formed to track the company's progress. (Lynn Martin, former U.S. Secretary of Labor, was named to head the company's Council on the Advancement of Women.)

The turnover rate for women senior managers had dropped from 26% in 1992 to 15% in 1995. From 1993 to 1996, the number of women had increased in the following areas:

• Number of key leadership positions held by women, from 14 to 34.
• Number of women partners, from 69 to 131.
• Number of women in management:
  • Senior managers, from 253 to 410.
  • Managers, from 489 to 595.
• Percentage of women client service professionals:
  • Partners, from 5.5% to 8.6%.
  • Senior managers, from 18.1% to 24.5%.
  • Managers, from 30.9% to 33.6%.

Person to Contact for More Information

Kate Davie
Manager for the Advancement of Women
Deloitte and Touche LLP
125 Summer Street
Boston, MA 02110-1617
Telephone: 617-261-8000 FAX: 617-261-8111

EASTMAN KODAK COMPANY

Background

Eastman Kodak Company (Kodak) is a leading developer, manufacturer and marketer of consumer and commercial imaging products. The company's roots date back to 1879 when George Eastman obtained a patent on his plate coating machine. Today, the company is headquartered in Rochester, NY, and employs 94,800 workers. Manufacturing operations are maintained in Canada, Mexico, Brazil, the United Kingdom, France, Germany, Australia, and the U.S. Kodak products are marketed in more than 150 countries.

Promotion and Career Advancement

Kodak's Board of Directors includes 17% women and 17% minorities. From 1985 to 1995 the company reduced its officials and managers from over 8,000 to just under 4,000. Kodak has nevertheless been successful in increasing its representation of female and minority officials and managers.

The purpose of Kodak's Gold-Succession Plan is to ensure a continuous stream of diverse leaders/managers capable of creating effective organizations and executing business strategies. Qualified candidates are sought from a broad range of sources with the goal of promoting diversity of leadership. Kodak states that future leaders are identified and developed on the basis of demonstrated capability. Individuals are involved and share ownership for determining their development plans.

Employees are responsible for creating documented development plans that are aligned with and support the business needs of the organization. Supervisors are responsible for working with employees to develop plans and to ensure the necessary alignment. Supervisors are accountable for providing the appropriate resources to implement the plan. Kodak requires a minimum of forty hours in the development of each employee every year. A Policy Committee measures and reports progress in achieving the forty-hour requirement and employee perception of how well prepared they are for current and future jobs. An Education and Development Advisory Board, composed of senior leaders and chaired by the CEO, meets quarterly to address policies, principles, and development of measures to provide corporate direction for employee education and development.

Kodak's Career Services provide employees with job and career planning support that recognizes future needs of both the employee and Kodak. Topics available include self-assessment and goal setting, resume writing assistance, interviewing skill building, occupational information, job change, plateauing, personal motivation, job summary information, and employer information.

Kodak has a tuition aid plan designed to encourage Kodak employees to continue their education in subject areas that will benefit both the individual and the company. Special training programs involved with both graduate and undergraduate release-time programs are also available to individuals meeting the approval requirements.

Employees can access available job opportunities on-line via computer. This provides an individual with the ability to know what opportunities are available throughout the company, but also provides an overview of skills required and a good basis to go forward with one's career planning goals and objectives.

Person to Contact for More Information

Marian L. Miller
Equal Employment Programs Specialist
Eastman Kodak Company
343 State Street
Rochester, New York 14650
716-724-3103

FANNIE MAE

Background

The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and the largest issuer of debt in the United States, after the U.S. Treasury. It works in partnership with communities across the country to make affordable housing and home ownership opportunities available to more American families. Fannie Mae has more than 2,900 employees.

Promotion and Career Advancement

Fannie Mae seeks to enhance the capabilities of all its employees. It is particularly attentive to developing internal opportunities for promotion as well as career development.

It seeks to create a culture to maximize the corporation's ability to develop and promote a diverse workforce.

It has established a Career Development Plan Program to help each employee reach his or her full career potential. As a result, every Fannie Mae employee will have a personal career development plan in place by October 1997.

Fannie Mae also has a Corporate Mentor Program. It is a formal structured program, specifically designed to institutionalize mentoring as a core value at Fannie Mae. The program consists of three components: the Speaker Series, the Mentor/Protégé Matching program, and the Peer Mentor or Fannie Buddy Program. The Speaker Series is intended to expose Fannie Mae's employees to successful role models from Fannie Mae, other companies, government officials, and others who are asked to share their professional development experiences. The Mentor/Protégé Program provides one-on-one matching of mentors with protégés. Protégés are matched with senior managers who will share and transfer their knowledge and experiences with less-experienced and junior members. Development needs and aspirations of protégés are identified and incorporated into their career development programs. The Fannie Buddy Program is structured to help newly hired employees become familiar with the company, its culture, practices, facilities, and activities; and to forge new working relationships.

Fannie Mae has an extensive Training and Development Program. This includes Computer and Information Systems Education, which covers basic applications like operating systems, spreadsheets, word processing, and presentation graphics, as well as advanced programming. It also includes Industry Training, which provides basic education on the secondary mortgage market, sales training, and Total Quality Management. Its Employee Development Program covers executive training, diversity training, management development courses, and team building and conflict resolution classes.

Finally, Fannie Mae seeks input from its employees. It conducts assessments/surveys of employees to see if they are satisfied with their overall career progress and development.

Persons to contact for more information:

Maria Johnson, Vice President
Sarah Goldfrank, Office of Diversity
Fannie Mae
3900 Wisconsin Avenue, NW
Washington, DC 20016-2899
Telephone: 202-752-6564 or 202-752-2157

INTEL CORPORATION

Background

Intel Corporation (Intel) designs, manufactures, and markets microcomputer components. It is the world's largest computer chip maker and also a leading manufacturer of personal computer, networking, and communications products. Intel is headquartered in Santa Clara, CA, and employs approximately 48,500 persons. Manufacturing, sales, and service facilities are located in at least twenty-one countries.

Promotion and Career Advancement

Intel has a voluntary mentoring program, which encourages pairing of mentors and partners from different departments. However, skills that the partner wants to develop are the primary factors for the match. The relationship is set for a specified time, usually between six months and two years. An agreement between the partner, the partner's direct manager, and mentor is negotiated and followed. The agreement includes a program and development plan.

A mentoring coordinator facilitates and oversees the program and the partner/mentor relationships. The coordinator recruits interested, desirable partners; recruits and qualifies mentors; matches partners with mentors; publicizes and promotes the program; conducts orientation sessions and group meetings for partners and mentors; maintains records to track partner progress and to validate the mentoring process; evaluates the effectiveness of the facilitated mentoring process; and serves as liaison of the program with supervisors and managers.

Throughout the company, employees discuss career development plans with their managers and often develop action plans to support their development goals. Most Intel sites have employee resource centers that deliver information, training, resources, and tools for continuous learning and optimum job performance. Additionally, training is delivered through Intel University and specialized functional training programs. Growth and development are also promoted through tuition reimbursements for degree programs.

Person to Contact for More Information

Ogden Reid
Manager, HR Legal
Intel Corporation
2200 Mission College Blvd.
P.O. Box 58119
Santa Clara, CA 95052-8119
408-765-8080

NORTHERN STATES POWER COMPANY

Background

Northern States Power Company (NSP) is engaged in the generation, transmission, and distribution of electricity, and the distribution of natural gas. Headquartered in Minneapolis, MN, the company has 7,147 employees.

Promotion and Career Advancement

Recognizing that bringing women and minorities into the NSP workforce is only the first step, the Glass Ceiling Initiative (GCI) was designed to provide employees an opportunity to succeed and to break through the glass ceiling into management and decision-making positions. NSP's Workforce Diversity Council, a cross functional group of employees that advises the company on improving diversity efforts, identified the glass ceiling as the barrier, and also determined that the glass ceiling was potentially a greater obstacle for African American women than for women of other ethnic groups. Thus, in order to limit the scope of the project and make it manageable, the first phase of NSP's GCI focused entirely on African American women.

Demonstrating executive commitment and support through a Common Officer Goal and performance evaluations, all company officers have been accountable for GCI progress in their business areas. A liaison from GCI's task force also held one-on-one meetings with each officer to familiarize them with the GCI process and to gain their personal involvement. The CEO and the Vice President of Human Resources also met quarterly with program developers to closely monitor progress.

NSP's GCI process goals include the following:

• Develop a repeatable process. (Initially piloted by African American women, GCI has been expanded throughout the company based on the pilot's success.)
• Identify a talent pool to help officers and hiring supervisors gain greater familiarity with African American women currently in the workforce. (This is similar to the Succession Planning model already in place.)
• Develop human assets through opportunities for personal and professional development, and the use of "courtesy interviews."
• Encourage participation in mentorships, both formal and informal. Male and female African American managers served as mentors and as a sounding board for GCI participants.
• Create a greater sense of inclusiveness to ensure empowerment and to encourage individuals to assume responsibility in pursuing success in their careers.
• Deploy resources appropriately to demonstrate company commitment and support the counseling of hiring leaders as well as the supervisors of GCI participants.
• Establish a cross-functional review team, composed of diverse groups of employees, to review progress and to present findings of the GCI review team, including the CEO and officer group.
• Commit to specific results.
• Achieve committed results within agreed time frame.
• Heighten creativity and decision making during hiring and promotional opportunities to emphasize the importance of diversity within departments and organizational structures, and to make it part of the way NSP does business.
• Boost morale for employees by providing tools to self-manage their careers, and tried and proven ways to increase their visibility within the company.

Because of the way NSP's GCI is designed and implemented, nearly all components can serve as separate spin-off processes to ultimately benefit the entire workforce. Therefore, the process is fully replicable, and adaptable to any protected class or status.

Person to Contact for More Information

Libbey Chiodo
Diversity Specialist
Northern States Power Company
414 Nicollet Mall
Minneapolis, MN 55401
Telephone: 612-330-7957 FAX: 612-330-7935

UNITED TECHNOLOGIES CORPORATION

Background

United Technologies Corporation (UTC) is headquartered in Hartford, CT, and embodies technology innovation in the manufacture, repair, and service of jet engines, helicopters, elevators, heating/cooling systems, space systems technologies and automotive components. It is a global company with over 170,000 employees worldwide. UTC has over 70,000 domestic employees, who are engaged in engineering, manufacturing, finance, management and support functions for six flagship companies: Pratt & Whitney, Otis Elevators, Carrier, Sikorsky, Hamilton Standard, and UT Automotive.

Promotion and Career Advancement

UTC's premier management program, the Leadership Associates Program, is designed to supply its companies with Master's (MBA) level business talent and to seed the Company's future Executive-level placements. The program provides two years of rotational training assignments in general management disciplines (finance, manufacturing management, global customer relations and strategic planning). UTC has ensured that women and people of color are well represented in the program which has historically been 30% minority and 26% female. The 1996 entering class was 30% minority and 42% female.

UTC's Employee Scholar Program was instituted in 1996. In addition to paying the full cost of tuition, books, registration and academic fees, UTC provides fifty shares of stock (valued at roughly $3,750) upon the attainment of either a Bachelors, Masters or Doctorate degree (even if not job related). Thus far, women and minorities represent 57% and 7% of the graduates respectively. Twenty-five shares of stock are awarded to those who earn an associate's degree with an additional twenty-five shares for those who go on to receive their bachelor's degree. Fifty percent of classroom hours are granted as paid time off, up to three hours per week, for programs leading to an associate's, bachelor's, master's or doctorate-level degree.

Aside from the above-noted Leadership Associates program, UTC has other employee development programs such as the Human Resources Associate, Manufacturing Engineering Development, Financial Management Training, and CORE programs. Each of these programs provide rotational assignments and management preparation training.

Person to contact for more information:

Yvette Bowden
Work Force Diversity Director & Employment Counsel
United Technologies Corporation
United Technologies Building
Hartford, CT 06101
860-728-6514

TABLE 2. "BEST" PRACTICES PRESENTED BY COMPANIES IN PROMOTION AND CAREER ADVANCEMENT

E. "Best" Practices Presented by Companies in Terms and Conditions of Employment

The Task Force looked for such initiatives as family and work-friendly policies;[12] disability and religious accommodation; anti-harassment training, prevention, and procedures; anti-discrimination training, prevention, and procedures; and pay equity evaluations and adjustments. Accordingly, we looked at how the employer maintains a good work environment, employee support services, and employee satisfaction. A "best" practice should create a work environment where employees are significantly assisted in being able to achieve their full potential within the organization.

Many policies, programs, and practices, addressing workplace terms and conditions were described. Family-friendly initiatives included assistance with such matters as child care, elder care, adoption, family leave, new mothers, and family education expenses. Employee assistance programs also were provided to help employees and family members cope with personal problems, including financial, mental health, and chemical dependency. Companies indicated a wide range of work- friendly programs, including flexibility in working hours and working at home (telecommuting). Several companies indicated their zero tolerance for any form of harassment and their policies against discrimination, based on race, color, sex, etc.

A number of companies addressed their pay equity programs. Several companies indicated their policies of reasonable accommodation for persons with disabilities, but only one company described its disability accommodation program in any detail. One company described its disability strategy. Another company set forth its retirement planning program for employees nearing retirement age. While a broad range of practices was described, the Task Force received none that addressed religious accommodation.

The profiled practices, for the most part, go above and beyond the requirements of the law. Thus, for example, the law does not require employers to assist with such matters as child care or elder care. Some of the practices address barriers in terms and conditions by providing a supportive work environment by being family friendly, and work friendly. On the other hand, the Task Force recognizes that some of the profiled practices described are directed to compliance with the law. Thus, for example, employers are required to provide reasonable accommodations to persons with disabilities; address harassment, such as sexual harassment; and to give equal pay for equal work (pay equity). In these instances, it may arguably be a misnomer to describe such practices as "best" to the extent they are required by law. Nevertheless, we have cited practices applicable to these matters, because they are critical to promoting diversity and an equal employment opportunity workplace environment.

Finally, whether or not required by law, the profiled practices presented in this report are included as a beacon to help ensure that no stakeholder loses sight of the ideas and opportunities for implementing one's equal employment opportunity responsibilities. There is no indication that these practices cause or result in unfairness. The companies' practices were also chosen because of the diversity and comprehensiveness of the companies' terms and conditions strategies and/or the uniqueness and innovation shown in their programs.

The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of the sub-section summarizes the practices brought to the attention of the Task Force, including those companies in the comprehensive sub-section.

AETNA, INC.

Background

Aetna, Inc. (Aetna), is one of the country's largest insurance and financial service organizations with three primary businesses: Aetna Healthcare, Aetna Retirement Services, and Aetna International. The company is headquartered in Hartford, CT. Aetna has approximately 30,000 employees.

Terms and Conditions of Employment

Aetna provides its employees considerable flexibility with regard to working hours:

• Staggered work hours;
• Compressed work weeks;
• Variable work schedules;
• Voluntary reduced hours;
• Flexible hours;
• Job sharing; and
• Work-at-home (telecommuting).

Up to six months leave without pay may be granted after the birth or adoption of a child, or to care for a seriously ill parent, spouse or dependent child. People who want the full flexibility of working only when they wish to do so may enroll in the Temporary Services Program in Hartford and Middletown. Employees may gradually reduce their work hours in the two years immediately preceding their retirement. This program can help employees make the transition between full-time work and retirement. Aetna strives to hire, as temporary workers, employees who retire but also wish to work limited hours for the company.

Aetna is a sponsor of ConSern, a national nonprofit program, established by education and business leaders to provide financing for education. Employees who qualify financially may borrow from $1,500 to $25,000 per year for tuition expenses for themselves or their children in an accredited college, university, or private secondary school. ConSern Loans bear a variable interest rate with a repayment schedule of fifteen years.

Aetna has a multitude of information and support services, including:

• Child care resource and referral program;
• Elder care consultation and referral; and
• Adult disability care consultation and referral.

The company has work and family seminars during the work day on such family-related topics as:

• "Dealing with the Stress of Being a Working Parent;"
• "Choosing Quality Child Care;"
• "Communicating with Teens;" and
• "Legal Issues of the Elderly."

It also has an Employee Assistance Program to help employees and family members cope with personal problems. Professional counselors offer free, confidential problem assessment, short-term counseling and referral for such issues as:

• Marital or family difficulties;
• Drug abuse;
• Alcoholism;
• Stress; and
• Psychological problems.

The company has over twenty family resource lending libraries in locations throughout the country. It provides adoption information and counseling services.

Aetna also offers a number of programs to help employees and their spouses prepare for retirement:

• Retirement planning statements are created every other year for all employees over age fifty. The statements project pension and savings income to help employees plan for their financial security.
• A retirement planning workshop covers such topics as pensions, Social Security, housing, health, and various uses of retirement time.
• A financial planning for retirement workshop deals with the tax implications of retirement, cash flow, investments, and estate planning.
• Three months before an employee's retirement date, a personalized retirement planning package is prepared to help the employee choose among retirement options.
• A retirement counselor is assigned to each employee to personally assist him or her in the process of retiring.

Person to Contact for More Information

Joan Hedquist-Jones
Consultant
Work-Life Strategies
Aetna, Inc.
151 Farmington Avenue
Hartford, CT 06156

BAUSCH AND LOMB

Background

Bausch and Lomb (B & L) develops and produces eye care products and precision optical devices, and provides specialized biomedical products and services which help diagnose and treat various diseases. Founded in 1853 in Rochester, NY, where corporate headquarters remains today, B & L employs approximately 13,000 people in thirty-five countries.

Terms and Conditions of Employment

B & L has implemented strategies and tactics which demonstrate its commitment to work-life issues. Those strategies and tactics are listed below:

• Alternative Work Arrangements, which include Compressed Work Week, Flextime, Job Sharing, Reduced Hours, and Telecommuting.
• Work-Life Benefits, which provide to employees child care resource and referral, elder care resource and referral, adoption assistance, educational assistance, advice/information on other personal/business issues and transitions.
• Employee Assistance Program of Rochester, which helps employees with marriage and family issues, concerns about parent-child relations, alcohol and/or drug use, mental health and stress issues, single parent issues, work-related problems, stress due to changing work environment, and financial or legal problems.
• LifeWorks Program, which provides employees and their families with easy access to: practical advice from experts; useful information, checklists, brochures, etc.; customized referrals; regulatory, financial, and insurance issues; and personalized reports about private schools, colleges, and financial aid. This support is provided for such areas of concern as parenting (birth and adoption); child development and educational issues; caring for oneself and one's loved ones; personal, professional, and business life transitions (e.g., relocations, living wills, elder or day care, and school selection), including planning ahead and finding adequate housing; and caring for those with disabilities.

Person to Contact for More Information

Fiona Wong
Human Resource Representative
Corporate Human Resources, Operations
One Bausch and Lomb Place
Rochester, NY 14604-2701
Telephone: 716-338-6000

FIRST TENNESSEE BANK

Background

First Tennessee Bank (First Tennessee) provides financial services around the country and is headquartered in Memphis, TN. The Bank has 8,000 employees, 259 banking sites in Tennessee, Mississippi, and Arkansas, and 150 mortgage banking offices in twenty-eight states.

Terms and Conditions of Employment

First Tennessee is proud of its Family Matters initiative, which has been working for over five years. First Tennessee indicates that its work-family culture has been an integral element behind its record profits and customer retention and is testimony to the seamless integration of its work/family and business strategy.

Through Family Matters, First Tennessee provides options to help resolve work-family conflicts so that employees can concentrate on doing their best. Some options available include:

• Workplace Flexibility
• Flexible benefits packages
• Employee Stock Option Program (for all employees)
• Prime Time--reduced schedule option
• Dependent Care Reimbursement (subsidized by First Tennessee Flexible Dollars)
• Sick Child Care Center
• LifeWorks--Family resource program that includes resource and referral on child care, parenting and elder issues
• Employee Assistance Program
• Family Leave
• Classroom Visitor
• Lesson Line
• Health & Fitness First programs
• Prenatal education
• College scholarships for dependents

First Tennessee highlights its Sniffles n' Snuggles center, an option for working parents when their children are sick. Under First Tennessee's leadership, the program opened in September 1994 with five corporate sponsors. The center is managed through a joint initiative arrangement with Baptist Memorial Hospital; the hospital is responsible for operations of the center and First Tennessee develops and monitors the sponsorships. The sponsorship fee is directed toward underwriting the fixed costs of the center.

The cornerstone of the Family Matters commitment is the development of its managers' abilities to work with their employees in resolving work-family conflicts. Accordingly, managers receive training on how to incorporate workplace flexibility and related family initiatives into their departments as part of its ongoing leadership curriculum. Managers are also evaluated yearly by their employees on how they work with employees to manage work and family conflict issues and conduct feedback sessions with their employees to find additional ways to be more supportive of these issues.

First Tennessee attributes the success of the Family Matters initiative to its communication efforts. A formal, written communications plan is developed each year to use every mode of communication available to reach all of its employees. Its articles and video stories show Family Matters programs being put to use in varied situations by First Tennessee employees. They are aimed at informing employees about the available resources, benefits, and options of Family Matters programs. They also encourage managers to embrace these programs and to adapt these principles to their own areas. All new employees receive information about First Tennessee's culture and Family Matters commitment to employees; various reference materials about available Family Matters resources are distributed to the employees.

First Tennessee has conducted several evaluations of the program over the past five years. It used focus groups with both employees and managers and a written survey of all employees in one instance. In another instance, it used a needs survey analysis. According to First Tennessee, the Family Matters initiative has been a great success. In support, First Tennessee indicates:

• The Family Matters initiative has resulted in improved productivity, lower employee turnover, and higher customer retention rates, translating into significant additional dollars on the bottom line.
• Because of the Bank's Family Matters commitment 93% of managers report that their employees are more productive and better able to serve their customers; 90% of employees report that they are more productive and better able to serve their customers; and 88% of employees report that their commitment to staying with First Tennessee has improved.
• Managers whose employees rate them as supportive of work-family conflicts obtain a 69% higher employee satisfaction rate; retain their employees twice as long; deliver an 18% higher internal service quality; achieve a 61% higher customer service satisfaction; and obtain a 7% higher customer retention rate, as compared to managers with less of a work-family focus.
• 96% of its employees stated that its Family Matters initiative met or exceeded their expectations, and 91% state they have been able to vary their work schedule to respond to family needs.

Person to contact for more information:

Patricia M. Brown
Vice President
Manager, Personnel Strategic Issues
First Tennessee Bank
P.O. Box 84
Memphis, TN 38101-8465
901-523-5534

NORTHERN STATES POWER COMPANY

Background

Northern States Power Company (NSP) is engaged in the generation, transmission, and distribution of electricity, and the distribution of natural gas. Headquartered in Minneapolis, MN, the company has 7,147 employees.

Terms and Conditions of Employment

Disability Strategy

Even before the enactment of the Americans with Disabilities Act, NSP indicates that it worked diligently to encourage employees to value, acknowledge and demonstrate respect for one another. NSP has provided five iterations of diversity training since 1988; has required participation of all employees every two years; and has always included topic discussions specific to disability status. NSP states that it has worked hard to go beyond the disability stereotype that "a disability equals a wheelchair" to educating employees about other disabilities, including hearing and sight impairments, and mental disorders, "hidden disabilities."

In 1994, NSP became the first large employer in Minnesota to establish a Special Needs Fund to assist employees with disabilities, and to provide them with an alternative means of paying for those rare, high-priced accommodations that ordinarily could strain the budgets of individual departments. So far the Fund has only been used twice.

The company has continued to support two internal disability related employee networks: the NSP ADA Network of employees who have responsibilities for various aspects of ADA compliance and transcendence; and the Disability Awareness Network at NSP (DANN), a grassroots employee network which addresses company issues, awareness, and education for the entire workforce.

NSP regularly holds employee awareness programs; and to further advance its culture change strategy, it communicates to all company managers the fact that hiring and promotion of qualified people with disabilities, providing reasonable accommodation, and creating or maintaining flexible work arrangements are all linked to managers' incentive pay through NSP's annual diversity goals-setting process. NSP's Customer Service area provides TTY/TDD access and billing materials in large print.

In recent months, NSP has worked with Vail Place to hire two additional mail room employees; is working with LifeWorks program to fill four administrative positions at the Chestnut Service Center; and has been working with local agencies in the Roseville area to recruit workers with disabilities to fill several part-time positions in that area.

Work and Family

NSP introduced the issues of work and family in a bold, non-traditional way to the whole workforce. While lecture and video formats had been used in the past, NSP chose the live theater format to add realism. A professional, live theater group, Illusion Theater Company, was contracted to create an original work, which was designed and written specifically for NSP's purposes in consultation with NSP's Human Resources staff.

The program consists of twenty-three vignettes or "mini-plays" dramatizing situations related to work and home life, sexual harassment, and general diversity issues. The play, which featured original songs and several dramatized situations which had actually been experienced by NSP employees, was followed by a group discussion led by the narrator and an NSP Human Resources representative.

In the weeks prior to the first production, memos and letters were sent to management in various locations, introducing the program. After the first few productions, word of mouth and "the grapevine" served to market the program. According to NSP, employees' reactions to the program were strong and positive.

Person to Contact for More Information

Libbey Chiodo
Diversity Specialist
Northern States Power Company
414 Nicollet Mall
Minneapolis, MN 55401
Telephone: 612-330-7957 FAX: 612-330-7935

OWENS-CORNING FIBERGLASS CORPORATION

Background

Owens-Corning Fiberglass Corporation (Owens-Corning) develops, manufactures, and markets advanced glass and composite materials for the building-products and industrial material markets. The company is headquartered in Toledo, OH. Owens-Corning employs more than 18,000 persons around the world, with manufacturing, sales, and research facilities in more than thirty countries.

Terms and Conditions of Employment

The Owens-Corning submission to the Task Force focuses on its Employee Based Disability Management Program.[13] It emphasizes that its process "encourages employees with disabilities to return to work and is in compliance with state and federal laws concerning people with disabilities." Owens-Corning further emphasizes that "the program's humanistic nature and emphasis on human dignity is important in preventing employee turnover and maintaining high job satisfaction." Some of the important components to its disability management program include:

1. Managing work related and non-work related injuries and illnesses consistently.
2. Clearly identified roles and responsibilities for the employee, supervisor/manager, case manager, benefits/risk manager, providers of health care and others as needed.
3. Identification of the criteria for an employee to enter and/or access the disability management system.
4. Medical and clinical management of cases.[14]
5. Early return to work/modified duty programs.
6. Rehabilitation and job accommodation coordination between workers' compensation and long-term disability for both work and non-work related disabilities.
7. Clearly defined job descriptions with essential job tasks and the requisite physical and mental demands.
8. Employee Assistance Program personnel involvement. The EAP counselors act as co-managers of mental health/chemical dependency cases as well as assist employees with psychological/emotional issues related to physical disabilities.
9. Effective communication strategies for all people involved in the disability management process.
10. Process quality assurance and measure criteria - Total Health/Quality Management efforts, teamwork and application of cycle time reduction principles.
11. Confidentiality assurance.
12. Application of ongoing principles relative to ADA.

In Owens-Corning's view, the program reinforces employee empowerment, and uses a disability case manager, who also acts as an employee advocate. In this role, Owens-Corning acknowledges that the case manager must be aware of the job demands and the work functions as well as the available options for remedying barriers preventing the employee from returning to work.

The case manager assesses the employee's capabilities and, when necessary, develops return-to-work plans which accommodate work restrictions. The case manager consults with the employee, regarding the return-to-work-plan. The plan defines the accommodations recommended by the case manager, including modified work duties and/or assistive devices to accommodate an employee's current work limitations. The plan includes an assessment of the barriers preventing the employee from returning to work. Finally, the plan provides for the evaluation of the individual's program success. This allows for changes and modifications. Throughout the rehabilitation process, the employee and the case manager review the plan, making revisions as the employee's needs change.

All recommendations are coordinated with the employee, supervisor, Human Resources, and medical personnel prior to their implementation. The case manager leads the process of returning an employee to work by providing and coordinating specific services to facilitate the employee's work. The case manager coordinates the delivery of medication,[15] rehabilitation, and EAP services to the employee with a disability regardless of whether the injury/illness occurred on or off the job. The employee thus receives individual personal attention and services based on individual needs. According to Owens-Corning, the process serves to manage the disability in an aggressive, but non-adversarial manner.

Finally, Owens-Corning submits that its system addresses the following types of information:[16]

• Employee's first day of disability leave;
• Diagnosis;[17]
• Treatment plan;[18]
• Conformance to the plan;
• Possibility of returning to work;
• Temporary modified duties;
• Permanent accommodations; and
• Other ADA issues.

Owens-Corning affirms that this program specifically seeks to address barriers to persons with disabilities, both physical and mental and, indeed, is intended to encourage employees with disabilities to return to work. Since January of 1993, the total number of disability case managers has risen from one to nineteen (as of Spring, 1996). This expansion demonstrates Owens-Corning's commitment to the program's growth and development.

Person to contact for more information:

Amy Ahrens
Integrated Health Services Leader
Owens-Corning
Rewards & Resources
1 Owens Corning Parkway
Toledo, OH 43659
Telephone: 419-248-8728

PPG INDUSTRIES, INC.

Background

PPG Industries, Inc. (PPG), employs about 31,000 persons throughout the United States. PPG is headquartered in Pittsburgh, PA. The company manufactures and distributes glass protective and decorative coatings, flat and fabricated glass products, chlor-alkali and specialty chemicals.

Terms and Conditions of Employment

PPG is proud of its Work & Family programs, which include:

• Employee assistance;
• Leaves of absence;
• Relocation assistance;
• Flexible work arrangements;
• Child care and parenting education programs;
• Dependent care; and
• Education assistance.

The PPG Employee Assistance Program (EAP) is available to help employees deal with personal, family and work-related problems through confidential counseling, support and guidance. Professional EAP counselors help employees and their families with a variety of problems including:

• Work-related problems;
• Marital and family distress;
• Alcohol and drug abuse;
• Financial concerns;
• Personal concerns;
• Personal stress;
• Child care resource and referral;
• Elder care assistance; and
• Legal assistance.

The company also seeks to help its employees by bringing educational programs offering insights into ways to optimize employees' personal and family strengths and to better use available resources.

PPG's salary continuance program provides continuing income based on an employee's length of service with PPG for the disability period related to pregnancy and recovery. At the completion of the disability period, the employee can elect to return to her former position, seek part-time employment through PPG's posting programs, or request a leave of absence.

PPG's Family Leave Policy offers employees up to twelve consecutive weeks of employment-protected, unpaid leave. This leave policy can also be used as part-time leave for the same amount of time. Family situations for which this type of leave could be used range from the care of a newborn or newly adopted child to the care of a seriously ill family member or elderly parent whose condition requires their attention. Upon returning from Family Leave, employees will return to the same or similar position held before going on leave with an equivalent rate of pay.

PPG grants up to twelve months of unpaid leave for an employee's personal needs. Eligibility is based on the reasons for the leave request, a satisfactory work performance record and PPG's business needs. Upon return from a leave of three months or less, the employee is reinstated to the same position, or a position as comparable as possible to the one held before the leave. For a leave longer than three months, PPG will make every effort to place the employee in a position consistent with the employee's qualifications. During an approved personal leave of absence, PPG benefits and pension credits continue to accrue.

The company provides for flexible work arrangements. Its Flextime Policy allows employees to vary "normal" starting and stopping times in order to meet personal and family needs. Part-time employment is available to all employees in cases where it is consistent with PPG's business needs. This option allows PPG employees to accommodate family needs by working on a part-time basis.

The child care resource and referral service administered by the EAP and PPG's participation in a child care consortium help employees find the type of quality child care service that best fits their needs. PPG's Get Well Room provides parents with the opportunity to have a mildly ill child cared for by health professionals close to their workplace.

PPG also provides referral services for adult day care, home health care, and nursing home facilities. Case management services are provided to assist care givers in assessing their own needs as well as the elder parent's service needs. In complex and difficult situations, the EAP serves as the gateway to specialized services provided by its geriatrics specialist, who may conduct home visits to gain a better understanding of the elder parent's situation and needs.

PPG states that it is concerned about harassment, including sexual harassment. A comprehensive anti-harassment policy and follow-up training sessions were put in place in 1993 to ensure that employees are aware that sexual harassment (as well as racial, age, etc.) is prohibited. Employees are informed that they may file an internal harassment complaint with any member of PPG management with whom they feel comfortable, and PPG indicates that the complaint will be promptly and fairly investigated. The company also provides guidance as to what sexual harassment is, who is protected, preventive action, and information about investigating complaints. PPG provides sexual harassment training as a part of its supervisory training program.

PPG has an Employee Education Assistance Program. The purpose of the Program is to provide an opportunity for the employee to attend an accredited learning institution on personal time to obtain additional knowledge, skill, or other education, which, in the judgement of PPG, will be useful to the employee and PPG. Tuition, required textbooks, registration fees, laboratory fees, and other required fees are covered at 100%. Items not covered are transportation, parking, supplies, equipment (such as computers), or other incidental expenses.

According to PPG, a rigorously enforced equitable compensation policy to ensure that employees are paid fairly commensurate with their job-required knowledge, skill and accountability, and performance has been in place for over twenty years. PPG has conducted internal reviews in 1994 and 1995 to ensure continued equality of opportunity in compensation. PPG states that such monitoring will continue.

Person to contact for more information

George E. Krock
Manager, EEO & Selection
Corporate Human Resources
PPG Industries, Inc.
One PPG Place
Pittsburgh, PA 15272
412-434-3413

TABLE 3. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMS AND CONDITIONS OF EMPLOYMENT

F. "Best" Practices Presented by Companies in Termination and Downsizing

Noteworthy "best" practices applicable to termination and downsizing were found to be those that sought to minimize the necessity for such actions. The Task Force looked for strategic planning initiatives, defensible guidelines for job elimination, communication with employees, initiatives focusing on voluntary separations, and the assistance given to employees where termination was to become a reality.

In the submissions, stakeholders recognized that advance planning to prevent any need for adverse employment actions in the event of downsizing is a key to success in this area. Presumably such foresight may thus enable the employer to make compensating adjustments in hiring or other business practices. In addition, there was the recognition that it may enable the employer to begin retraining employees to meet anticipated future needs.

Second, as termination and downsizing become more of a present issue, the companies suggest a number of possible useful strategies. One company indicated that a formal written plan to support all decisions regarding employees would be helpful. Such a plan would address such matters as the business rationale, staffing, communication, and outplacement. When making decisions on staffing, another company emphasizes the importance of having a comprehensive list of key competencies or criteria for selection decisions. Another company indicates the importance of a redeployment strategy, a resume data base, and management's commitment to employee redeployment. As a whole, the companies suggest that when termination and downsizing is becoming a reality, an employer should do everything reasonably possible to ensure that employee separations are as voluntary as possible and that separations are accompanied with as much goodwill as may be accommodated.

The companies suggest giving longer term employees the option of early retirement, as well as giving all employees severance benefits, outplacement and financial counseling, and access to education, training, and grants and loans. One company also provides employees about to be separated with the option of a paid internship with another non-competitor employer, a stipend for community service work, or technical and financial support for individuals looking to start a new business. A rehire list is another suggestion.

Many of the profiled practices go above and beyond the requirements of the law. Thus, for example, the law does not require a strategic plan or severance benefits. In some instances, some of the practices described are directed to compliance with the law. Thus, for example, when fairness of standards comes into play, it must be understood that race, color, sex, etc., may not be the basis for the termination or downsizing of an employee. Nevertheless, we have cited practices applicable to the fairness of standards. This was because fairness of standards is critical to an equal employment opportunity workplace environment. The practices address many of the barriers in termination and downsizing, focusing on adequate planning, fairness of standards used in making retention and termination decisions, and communicating with employees. There is no indication that these practices cause or result in unfairness.

In implementing the termination and downsizing initiatives, there are certain steps that should be considered that will help to avoid discrimination or limit liability. They are set forth in Appendix C.

The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of the sub-section summarizes the practices brought to the attention of the Task Force, including those companies in the comprehensive sub-section.

BANKBOSTON, N.A.

Background

Founded in 1784, BankBoston had $66.1 billion in assets as of June 30, 1997, and is the fifteenth largest bank holding company in the United States. The company is engaged in consumer banking in southern New England; financing to selected corporations regionally, nationally, and internationally; and full-service banking in key Latin American markets.

Termination and Downsizing

In January 1996, BankBoston found it necessary to launch a program to support the elimination of 2,000 positions in its workforce in connection with its merger with two other Massachusetts-based banks, BayBanks and South Boston Savings Bank. Before the announcement the banks had 26,500 employees. The banks' corporate leaders felt a strong social responsibility to support the employability of the employees whose jobs were eliminated. Recognizing the toll job loss takes on employees and the community at large, BankBoston created a multi-faceted approach to ease the transition for all of the affected employees. The program is known as BankBoston's Transition Assistance Program or TAP.

A hiring freeze was immediately implemented to allow positions to be eliminated through attrition. As a result, more than 700 positions were eliminated through attrition from January through June 1996. Then, in June 1996, the Bank announced its Early Retirement Plan. This applied to 1,500 workers who were over fifty-two years of age with at least ten years of service.

The Bank also provided laid-off workers two weeks of severance pay for every year of service, with a four-week minimum, plus a supplement of between ten and thirty weeks of pay. The extra severance was linked to salary, the higher the salary, the more weeks of extra pay. Thus, employees making under $50,000 would get an extra 10 weeks' pay, those making between $50,000 and $100,000 would get twenty weeks' pay, and those making over $100,000 would get thirty weeks' pay. In the Bank's view, it usually takes higher paid employees longer to locate another position.

Terminated employees also would receive outplacement and financial counseling, plus access to education training grants and loans, as well as job retraining. More specifically, the Bank would provide services, including workshops and one-on-one counseling customized to meet the needs of the individuals. A "virtual" job center would be available to source jobs in the marketplace with the objective of matching employee skill sets with available job listings. Employees would have access to financial counseling services as well as job retraining grants and loans. Education/training grants are given to a level of up to $3,000 per employee. Employees may also choose from among three "different direction" offerings: pay for a three-month internship with a non-competitor; a stipend for six months of community service work; or support for individuals looking to start a new business. These offerings are at BankBoston's expense. These services represent an investment in the continued and enhanced employability of its displaced workforce by opening doors to new employment opportunities and, in the case of those working for nonprofit organizations at BankBoston's expense, providing a tangible benefit for the community as well.

Person to Contact for More Information

Susan R. Treadway
Senior Human Resources Consultant
Human Resources
BankBoston, N.A.
100 Federal Street
Boston, MA 02106
617-434-9965

INTEL CORPORATION

Background

Intel Corporation (Intel) designs, manufactures, and markets microcomputer components. It is the world's largest computer chip maker and also a leading manufacturer of personal computer, networking, and communications products. Intel is headquartered in Santa Clara, CA, and employs approximately 48,500 persons. Manufacturing, sales, and service facilities are located in at least 21 countries.

Termination and Downsizing

Intel is committed to the process of continuously redeploying employees from areas of declining business value to areas of increasing business leverage. The employee's manager has the responsibility to assist the employee in preparing a redeployment proposal with the Human Resources Department, in defining job alternatives, in networking, and in providing references internally. Additionally, the employee's manager has a responsibility to write a transfer review, and to communicate actions, processes, and resources. Intel also provides a Business Unit Redeployment Manager to work with the employee in launching the job redeployment search. The Manager provides employee counseling on career opportunities and job search strategy, is a resource for redeployment questions, and is the redeployment representative for the organization. The company has a Jobs On Line for which positions are listed. Resumes may also be scanned into its RESTRAC database for availability to managers at all Intel locations in the United States. Intel also provides Outplacement Services, including counseling and support services. Employees may use Intel's Employee Resource Center. Intel also has site staffing consultants, who are responsible for searching RESTRAC for Intel redeployment employees, seeking to present the employees to hiring managers, and to follow up with the managers to encourage a prompt decision on the prospects of the employees. Finally, the Human Resources Development Representative works with the staffing consultants and hiring managers to assist with the redeployment.

Intel also has funds available for retraining employees subject to redeployment. These funds are to facilitate the redeploying of employees, and to help make employees more attractive to hiring managers.

Person to Contact for More Information

Ogden Reid
Manager, HR Legal
Intel Corporation
2200 Mission College Blvd.
P.O. Box 58119
Santa Clara, CA 95052-8119
408-765-8080

OSRAM SYLVANIA

Background

Osram Sylvania, Inc. (OSI), is a $1.8 billion manufacturer and marketer of lighting products and precision materials and components. It is the North American subsidiary of the German company, OSRAM, which is wholly owned by Siemens. OSI employs 13,000 people and operates twenty-three North American factories, one equipment assembly operation, and nine research and development laboratories. Most of the company's products are marketed in North America under the SYLVANIA brand name.

Termination and Downsizing

In early 1995, the Information Technology unit of OSI underwent a major reorganization. One effect of the reorganization was the consolidation of middle management layers. Instead of sixteen mid-management positions organized along vertical lines of control, there would be only ten mid-level managers of projects and cross-functional processes. To assist the company in the reorganization and consolidation, OSI obtained the services of an outside consulting firm, The Hay Group.

In assessing candidates for the new positions, with The Hay Group's recommendation, OSI used a set of seven behaviorally scaled competencies:[19] flexibility, customer orientation, concern for excellence, learning orientation, collaboration, self-confidence, and commitment to OSI. The company also used, with The Hay Group's recommendation, three leadership or managerial competencies, ensuring accountability, team empowerment, and people development.

The Information Technology Vice President (VP) and directors used the ten competencies to help assess the pool of thirty-five candidates for the ten middle management positions. These candidates were selected because they were either: (1) currently a manager or supervisor; or (2) previously evaluated as immediately promotable. Each candidate's supervisor assessed the candidate against a checklist of technical skills. In addition, each candidate's director plus one other director familiar with the candidate's work assessed the candidate against all competency scales.

The VP and directors scored the candidates against the following criteria and standards:

• Core Competencies
  • Meets standard level (generally level three) for all seven competencies
  • Borderline or unsure
  • Below standard on two or more competencies
• Managerial Competencies
  • Meets standard level (generally level three) for all three competencies
  • Borderline or unsure
  • Below standard on one or more competencies
• Technical Skills
  • Strong on all required technical skills
  • Needs development
  • Significant deficiency

Of the thirty-five candidates, six were women. Four of the women appeared on the ten-person "Top Candidates for Management Positions." One woman appeared on the ten-person "Next Level of Candidates for Management Positions." One woman appeared on the list of remaining candidates.

Of the thirty-five candidates, sixteen were managers. Two of these were female.

Following the assessment, women were in two of the ten mid-management positions occupied two years later by the original candidates. A third female would be in a manager position, but declined managerial duties in order to care for a parent.

OSI submits its competency-based assessment as a best practice for two reasons. First, that when it needed help, it got the appropriate assistance, i.e., from the Hay Group. Second, OSI submits that the behavior-based nature of the competencies seems to support equal employment practices.

Person to Contact for More Information

James R. Stokely
Director of Compensation and Organization Development
OSRAM SYLVANIA
100 Endicott Street
Danvers, MA 01923
508-750-2240

TABLE 4. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMINATION AND DOWNSIZING

G. "Best" Practices Presented by Companies in Alternative Dispute Resolution

Alternative dispute resolution (ADR) focuses on early resolution of employment discrimination complaints, and voluntary and effective alternative dispute resolution programs. ADR embraces a myriad of mechanisms, approaches, and techniques. It could involve, for example, just going in the door to try to work things out with the employee's supervisor, working up the chain of command, or discussing the issue with the EEO or Human Resources office. On the other hand, ADR could involve an ombudsman, mediation, peer review, and arbitration. These mechanisms may be viewed individually or as group.

The Commission has issued two important policy statements on ADR which must be considered for purposes of best practices in this area. These statements give significant guidance and notice to stakeholders on the legal and policy issues involved in the ADR/binding arbitration debate. They also provide clear notice of the EEOC's position on these matters for purposes of charge processing and litigation.

Any use of ADR under Commission auspices must be fair. U.S. Equal Employment Opportunity Commission, Alternative Dispute Resolution Policy Statement (1995). In setting forth the Commission's guidelines on fairness, four elements are considered: voluntariness, neutrality, confidentiality, and enforceability. Id. In addition, Commission-sponsored ADR programs should include the training of persons protected under the applicable laws, employers, and neutrals. Id. Likewise, ADR under private employer's auspices would be well served by considering the above guidelines. In addition, the Commission has taken the position that agreements that mandate binding arbitration of discrimination claims as a condition of employment will be challenged. U.S. Equal Employment Opportunity Commission, Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (1997). See also Cole v. Burns Int'l Security Servs., 105 F.3d 1465 (D.C. Cir. 1997), where the court imposed significant restraints on the enforceability of agreements that require arbitration of discrimination claims as a condition of employment. The court held that, to be enforceable, such agreements must, at a minimum, establish an "arbitration arrangement" that: "(1) provides for neutral arbitrators, (2) provides for more than minimal discovery, (3) requires a written award, (4) provides for all of the types of relief that would otherwise be available in court, and (5) does not require employees to pay either unreasonable costs or any arbitrator's fees or expenses as a condition of access to the arbitration forum." Id. at 1482.

The companies presented many ADR mechanisms for the Task Force's consideration, encompassing all of the above-mentioned types of ADR. There were

variations in the options available, depending on the company. For example, one company's program involved two options: (1) direct dialogue with the immediate supervisor, the supervisor's superior, or with the human resource's department; and (2) working with an ombudsman. Another company had five options: (1) discussing the matter with the immediate supervisor or higher levels of management; (2) the employee hotline; (3) a conference with a company representative from the employee solution program; (4) mediation; and (5) arbitration.

Like many of the best practices discussed in this report, adoption of an ADR system is not a requirement imposed on employers by statute or regulation. However, to the extent that such systems are adopted, their design and implementation are subject to scrutiny under judicial and administrative standards of due process and fair play. In recognizing best practices in ADR systems, the Task Force was constrained by the fact that several courts have found mandatory binding arbitration systems imposed as a condition of employment to be lawful, while the Commission [by policy guidance, policy statement, litigation and amicus participation] has consistently opposed such systems as contrary to the spirit of the laws it enforces.

In deference to the Commission position on this issue, the Task Force has chosen not to feature as a best practice any ADR system that provides for mandatory binding arbitration imposed as a condition of employment. The companies whose practices are featured were chosen because of the diversity and comprehensiveness of their ADR strategies, and/or the unique and innovative design of their programs.

The companies, whose practices have been selected, are presented next in alphabetical order by company. The table at the end of the sub-section summarizes the practices brought to the attention of the Task Force, including companies from the comprehensive sub-section.

BARNETT BANKS, INC.

Background

Barnett Banks, Inc. (Barnett), is the leading financial institution in Florida and ranks in the top twenty-five in the United States. The company offers a comprehensive line of banking and related financial services to retail and business customers in its primary markets of Florida and southern Georgia. Nearly 20,000 workers are employed by the company, which is headquartered in Jacksonville, FL.

Alternative Dispute Resolution

Under Barnett's Direct Dialogue Program, employees are encouraged to bring their work-related question, problem, suggestion or complaint to their immediate supervisor, who will respond as thoroughly and promptly as possible. If further follow-up is needed, employees may address their concern with their supervisor's superior or with the Human Resources Department. Employees may not be penalized for bringing a complaint under Direct Dialogue. Barnett emphasizes that unless suggestions or problems are raised, supervisors cannot respond; two-way communication helps small problems stay small, where they are most easily resolved; and that early attention to problems allows those concerned to explore all the alternatives and decide which solution is best. Barnett has an Ombudsman for employees who are not comfortable discussing work-related issues with their supervisor or the Human Resources Department. The Ombudsman is available to discuss problems involving disagreements with supervisors, performance evaluation issues, working conditions, job content, relationships with other staff, harassment, including sexual harassment, and discrimination. The Ombudsman maintains absolute confidentiality, remains impartial, and assures open discussion without fear of reprisal. The Ombudsman is there to help the employee explore alternative solutions to problems and disagreements. In more complicated situations, but only with the employee's permission, the Ombudsman will intervene and attempt to reach an agreement that is satisfactory to everyone involved.

Person to Contact for More Information

Donald Minor
Barnett Banks, Inc.
1000 Century Park Drive
Suite 208
Tampa, FL 33607
813-225-4477 or 813-225-4590

B E and K, INC.

Background

B E and K, Inc. (B E and K), is a global engineering and construction, maintenance, and environmental firm headquartered in Birmingham, AL. The company has 7,900 employees.

Alternative Dispute Resolution

B E and K has a five-option program called the Employee Solution Program. The program has been in effect since September 1, 1996.

Option one embraces an Open Door Policy. The Open Door is a voluntary process that allows the employee to talk with his/her immediate supervisor or to a higher level of management without fear of retaliation. The employee is encouraged to solve the problem at the lowest possible level, but may take it as far up the chain of command as needed.

Option two is the Employee Hotline. A program coordinator is ready to answer the Hotline and refer the employee to an Advisor, who can provide free, expert and confidential advice. The Advisor can tell the employee about available options of problem solving. The employee may remain anonymous and just ask a few questions. On the other hand, the employee may wish to discuss all the details of the situation with the Advisor and be coached through the Open Door Process.

Option three is the Conference. A Conference is a meeting in which the employee and a B E and K representative sit down with someone from the Employee Solution Program to talk about the employee's dispute and choose a process for resolving it. The goal of the Conference is to help the employee and the company agree on a way to settle the dispute and choose someone to help do it.

Option four is mediation. If the dispute is based on a legally protected right, such as discrimination based on age, race, or sex, and has not been resolved in options one, two, or three, the employee or the company may request mediation. If either party requests mediation, the other party is required to participate, although it is a nonbinding process. The employee and B E and K are responsible for resolving the dispute. If the employee requests mediation, the employee must pay a $50 processing fee, but B E and K will pay all other mediation fees. All meditations will be conducted by the American Arbitration Association or by some other independent organization that provides mediation services.

Option five is arbitration. If the dispute has not been resolved using any of the other options, either the employee or B E and K may request arbitration. The employee may elect to make the arbitration binding, but it is not a requirement of the program. If the employee requests arbitration, the employee must pay a $50 processing fee. The arbitrator makes a decision after both sides present their evidence, witnesses, and arguments at an arbitration hearing. Arbitrations are conducted by the American Arbitration Association or by some other independent organization that provides arbitration services. The parties select an arbitrator from a list of qualified candidates. If the arbitrator decides in the employee's favor, the employee may be awarded anything the employee might seek through a court of law.

If the employee believes the dispute involves or may involve a legally protected right, the employee may request a legal consultation under the plan during Options Four or Five. Upon approval of the Program Coordinator, the employee may consult a lawyer of the employee's choice. B E and K will pay 90% of the employee's legal fees through the Legal Consultation Plan, up to a maximum of $2,500.

The employee is not required to hire a lawyer to participate in mediation and arbitration. If the employee chooses not to bring a lawyer, the company will also participate without a lawyer.

Employees still may go to the EEOC. Accordingly, employees are free to consult the appropriate state Human Rights Commission, the EEOC, or any other government regulatory body regarding the workplace issue. The employee may file a charge, at any time, to preserve the employee's rights, but B E and K will ask the Commission to hold the charge in abeyance pending the program's action. It also appears that the company's process should never take more than 180 days. Nevertheless, B E and K hopes that the program is so effective that employees will not need to go anywhere else. If the employee files a lawsuit, B E and K will ask the court to refer it to its Employee Solution Program.

In terms of results, B E and K, for the time period September 1, 1996, to May 15, 1997, successfully resolved 87 out of 94 cases. Of the successfully resolved cases, the two largest categories were unfair termination (39) and unfair treatment or harassment (17).

Person to contact for more information:

Carolyn F. Morgan
Vice President-Human Resources
B E and K, Inc.
2000 International Park Drive, P. O. Box 2332
Birmingham, AL 35201-2332
205-972-6000

TRW

Background

TRW, Inc. (TRW), is a transportation parts and equipment producing company that manufactures and sells products and systems in two industry segments: Automotive (automotive systems and components); and Space and Defense (spacecraft, software and systems engineering support, and electronic systems). Founded in 1901, TRW is headquartered in Cleveland, OH, and employs more than 60,000 people in twenty-seven countries.

Alternative Dispute Resolution

TRW's ADR policy applies to all of its employees in the United States, except for those employees already covered by a collective bargaining agreement. It applies to "covered disputes" defined in the policy as:

• Involuntary terminations such as discharges and layoffs, but only to the extent of a cognizable claim in the state or federal court jurisdiction in which the employee is located;
• Claims of unlawful discrimination, harassment or constructive discharge based on protected status; and
• Additional disputes as may be decided by the business unit (e.g., disputes regarding discipline, promotion, pay increases).

TRW provides a number of ADR mechanisms for its employees to use. These include Mediation, Senior Management Review Process, Peer Review, and Arbitration.

The ADR procedure may be used concurrently by employees who file claims with appropriate federal, state or local administrative government agencies (e.g., EEOC). In all cases TRW policy will comply with statutes of limitations for employment disputes in accordance with federal or state law. The only portion of the ADR process, that is mandatory, is arbitration, but the result is not binding on the employee. All of the other mechanisms are optional to the employee, and none are binding on the employee. On the other hand, the Senior Management Review Process, Peer Review, and Arbitration are binding on TRW, if accepted by the employee.[20]

The specific ADR format (the panoply of mechanisms available to the employee) is the option of the particular TRW business unit. There are two recommended formats: a peer review panel or a neutral, third party fact-finder (an arbitrator or a private judge). Whatever format is chosen must be in compliance with federal and state law, as well as be approved in advance by the Law Department. The employee is not required to relinquish any rights that he/she would have in court. The Law Department must approve all ADR procedures. TRW seeks to ensure that adequate due process is provided so that the employee has the opportunity for a full and fair and impartial hearing.

TRW submitted the ADR process applicable to its Vehicle Safety Systems, Inc. With regard to this business unit, ADR begins with the

option of mediation. Mediation is permitted, but is not a mandated additional step prior to any of the other ADR programs, including arbitration. The parties jointly select a mediator from the Federal Mediation and Conciliation Service, Endispute, or other recognized mediation sources. Both parties have the right to consult with or be represented by an attorney, or other representative at any portion of the mediation process. Since mediation is not a binding process, the mediator does not have the power to impose a settlement on the parties. If the dispute is not resolved in mediation and the employee continues to pursue resolution of the dispute, any discussions in mediation by the parties or the mediator may not be referred to or have any bearing in any subsequent proceeding.

The employee might also wish to use the Senior Management Review Process. Under this mechanism, the employee would apparently discuss the problem with the plant manager or two progressively higher levels of management. The Senior Management Review Process will be final and binding on TRW if accepted by the employee, but the employee may choose to further use peer review or arbitration.

Under

Peer Review, the dispute is submitted to a panel of employees, a majority of whom must be composed of the employee's peers. The panel consists of five members, two supervisory level employees selected by the employee from a pool of supervisory level employees and three peers selected by the employee by drawing from the appropriate pool of peer panelists. The employee draws four names from the supervisor pool, selects two names to serve, selects one name as an alternate, and discards one name. The employee will draw five names from the peer pool, select three names to serve, select one name as an alternate, and discard one name. The panel leader, selected by the panel members, initiates testimony by the employee and supervisor. No internal or external employee representation will be allowed during the proceedings. Other employees recommended by the employee or supervisor may be asked to present information. The panel may also seek advice from experts within the company regarding policy interpretation, etc. A majority of three members of the panel will determine the decision.

Each party is responsible for its own costs with certain exceptions. TRW will pay the costs and fees of the mediator. The employee will not be responsible for the salaries of the employees on the peer panel.

Person to Contact for More Information:

Nancy A. Shaw
Senior Counsel - Labor & Employment
Office of Counsel
TRW, Inc.
Executive Offices
1900 Richmond Road
Cleveland, OH 44124
216-291-7000

TABLE 5. "BEST" PRACTICES PRESENTED BY COMPANIES IN ALTERNATIVE DISPUTE RESOLUTION

H. Other "Best" Practices Presented by Companies

The companies presented a number of other practices for Task Force consideration. These included diversity and affirmative action programs generally, engaging with minority- and women- owned business activities, partnering with students at educational institutions, communicating with employees about equal employment opportunity responsibilities across the spectrum, and philanthropic activities.

As the Task Force reviewed these "other" policies, programs, and practices, we concluded that, although some initiatives were not seen by the companies as fitting into any of the other factors, the efforts were nevertheless seen as contributing directly or indirectly to the company's compliance with EEO statutes and diversity objectives, and to its corporate values. For example, doing business with minority- and women-owned businesses does not necessarily involve a current employer-employee relationship, but may enhance the company's future recruiting successes.

This part of the report also embraces policies, programs, or practices impacting on two or more of the other parts. For example, diversity initiatives also could impact on recruitment and hiring, as well as on promotion and career advancement, in addition to terms and conditions.

Two companies were selected for profiling because of their broad-based diversity and affirmative action initiatives. One company was selected for profiling because of the uniqueness and innovativeness of its program, in particular, focusing on its efforts to increase the number of minority Ph.D.s in business, with the goal of diversifying U.S. business school faculties. Another company was selected because of its broad-based support for persons with disabilities.

The companies whose practices have been selected are presented in alphabetical order by company. The table at the end of the sub-section summarizes the practices brought to the attention of the Task Force.

FANNIE MAE

Background

The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and, generally, the largest issuer of debt in the United States, second only to the U.S. Treasury. It works in partnership with communities across the country to make affordable housing and home ownership opportunities available to more American families. Fannie Mae has more than 2,900 employees.

Other Policies, Programs, and Practices

In order to increase the understanding and appreciation of workforce diversity, Fannie Mae has special emphasis programs and other events. These programs recognize and highlight the contributions of various cultural heritages. The Office of Diversity encourages employees to share and learn about other cultures by: providing employees with information about community-based activities associated with Congressionally- and/or Presidentially-recognized heritage observances; communicating/publicizing Employee Support Group activities; and sponsoring an annual, week-long diversity celebration at Fannie Mae that includes full representation and participation of the workforce.

Fannie Mae has a broad spectrum of recognized support groups, including African American employees, Asian Pacific American employees, Hispanic American employees, Native American employees, the Black Employee Support Team, Gay and Lesbian employees, Christian employees, Women for a Better Workplace, a male employee group, and a senior employee group for those age forty and over or having seven or more years tenure at Fannie Mae.

Managing Diversity workshops have been conducted for all supervisors and managers.

Fannie Mae's diversity and affirmative action programs are specifically designed to remove the barriers to equal employment opportunity. Goals are established, but are flexible targets that the company tries to meet. Fannie Mae seeks to ensure that it obtains a diverse workforce as it continues to hire and promote the best person for the job. Fannie Mae seeks to achieve representation of racial, ethnic, and gender groups at each level of management -- for officers, directors, and managers -- that approximates that of (each group in) the population of the United States. Fannie Mae indicates that a private employer may voluntarily give a preference to a minority or female candidate for the purpose of eliminating a conspicuous imbalance in a traditionally segregated job category, even if there is no proven unlawful discrimination. Accordingly, Fannie Mae states that it may consider race and/or gender as one factor in choosing among qualified candidates for a job. Nevertheless, Fannie Mae takes the position that once a conspicuous imbalance is eliminated, racial/gender preferences cannot be used, and that affirmative action goals should not be used as a reason to hire or promote anyone who is unqualified. It also states that a manager should not refuse to consider a qualified non-minority or male candidate simply because of a need to address an affirmative action or diversity goal.

Fannie Mae enclosed numerous fact sheets that it distributes to its employees. These included Diversity Works at Fannie Mae--Corporate Philosophy on Diversity; Diversity Advisory Council; Diversity Training; Employee Support Groups; Guidelines for Recognition of Fannie Mae Employee Support Groups; Special Emphasis Programs; Corporate Mentor Program; Peer Mentor Program--New Employee Information; Equal Employment Opportunity/Nondiscrimination; Corporate Justice System; Sexual Harassment; Harassment; Disabilities and Reasonable Accommodation; Affirmative Action; Opening Doors to Opportunity; Diversity Questions and Answers.

Fannie Mae's employee handbook details EEO rights and responsibilities.

The Fannie Mae Foundation, the company's philanthropic arm, supports national and local nonprofit organizations working to provide decent and affordable housing and vital neighborhoods in communities throughout the United States. The Foundation also funds human

development, health, and education programs that enhance individual potential with a special concern for youth. Fannie Mae actively promotes employee volunteer involvement in community service in its WAVE (We Are Volunteer Employees) program.

Fannie Mae also engages in minority- and women-owned business activities encompassing a number of strategies designed to increase the amount of business with such businesses, including its OUTREACH program and ACCESS, an initiative designed to increase its business with minority- and women-owned securities firms.

Persons to contact for more information:

Maria Johnson, Vice President
Sarah Goldfrank, Office of Diversity
Fannie Mae
3900 Wisconsin Avenue, NW
Washington, DC 20016-2899
202-752-6564 or 202-752-2157

KPMG PEAT MARWICK LLP

Background

KPMG Peat Marwick LLP (Peat Marwick) is the U.S. member firm of KPMG International. Peat Marwick has more than 1,500 partners and employs more than 18,000 persons, including partners. In the United States, Peat Marwick partners and professionals deliver a wide range of consulting, assurance, tax, and process management services in five markets: financial services; manufacturing, retailing, and distribution; health care and life sciences; information, communications, and entertainment; and public services. Peat Marwick's national human resources support functions are located in Montvale, NJ.

Other Policies, Programs, and Practices

General Corporate Diversity

To help increase diversity in corporate America, Peat Marwick created an initiative called The Ph.D. Project (The Project). The Project's goal is to diversify U.S. business school faculties, which are 96% white.

The Project is a joint effort by corporations, academic organizations and universities. Companies have become sponsors with financial commitments of $50,000 to $450,000. The KPMG Peat Marwick Foundation (Foundation) has committed more than $750,000 to the effort. Each year, more than seventy-five colleges and universities have contributed $1,000 each to The Project and sent representatives to the annual conference to recruit prospective Ph.D. students in a formal "recruiting fair" setting. The conference marks the first time business schools have collectively contributed their money toward a comprehensive effort to diversify faculty. It is also the first time they have, en masse, recruited for Ph.D. candidates of color.

During the past two years, 117 individuals reached through Peat Marwick's Ph.D. Project have started a doctoral program. According to Peat Marwick, African American, Hispanic American, and Native American enrollment in business Ph.D. programs increased 42% in 1995-96, from ninety-seven the prior year to 138. Of those 138, half were people who had been reached and touched by The Ph.D. Project. These results are already making an impact in the classroom. In the second year of the doctoral program, Ph.D. candidates become teaching assistants. Accordingly, diversifying the front of the classroom has already begun.

In connection with The Ph.D. Project, Peat Marwick supports associations providing doctoral students of color with the networking opportunities in their specific disciplines that can help them achieve their goals. The first was for African American doctoral students in accounting. This led to expansion of the association in 1996 to include Hispanic Americans and Native Americans. Membership in the new association, called the African, Hispanic and Native American Doctoral Students Association climbed from forty-five in 1995 to sixty-seven in 1996. The association, fully funded by the Foundation, creates a series of networking and peer support opportunities for the students. The group's primary activity is an annual conference that coincides with the American Accounting Association annual meeting. Through funding by the Foundation, student members attend the conference and develop closer ties with professors. In 1996, Peat Marwick organized and started a second association for minority doctoral students in Information Systems. The new association for doctoral students of color was modeled after the accounting doctoral students' association. It held its first meeting in December 1996. Peat Marwick has most recently created three more associations in the fields of finance, marketing, and management, with the goal of helping more under-represented minorities to earn their place at the front of the classroom.

Peat Marwick sponsors a minority accounting doctoral scholarship program. Since its inception in 1994, fifty-four African Americans, Hispanic Americans, and Native Americans received scholarships of up to $10,000 per year, renewable for up to five years. Peat Marwick requires that all scholarship recipients' schools also provide tuition waivers, paid assistantships, and at least $5,000 in stipends.

The firm is also a major funder, along with many other prominent businesses, of the Consortium for Graduate Study in Management. With this funding, eleven of the nation's premier graduate schools of business award scholarships to promising minority students.

At the high school level, Peat Marwick is a national sponsor (with representation on the board of directors) of LEAD, a program to identify the best and brightest minority teenagers and encourage them to pursue careers in business. This national organization selects more than 300 promising students each year to attend summer institutes at eleven of the nation's leading business schools, and includes site visits to major corporations.

The Peat Marwick Foundation has also provided financial assistance to more than a dozen historically black colleges to help them achieve accreditation from the American Assembly of Collegiate Schools of Business. Since the program started in 1994, Jackson State University and Morgan State University have completed the multi-year process and have attained accreditation.

In April 1996, the firm sponsored the Ms. Foundation's annual Take Our Daughters to Work Day. Several offices included young men in the day's events or held a separate program for them.

Person to contact for more information:

Matt Berkowitz
Ned Steele Communication, Inc. (for KPMG Peat Marwick)
245 Fifth Avenue, Suite 1801
New York, NY 10016
212-251-0880

NORTHERN STATES POWER COMPANY

Background

Northern States Power Company (NSP) is engaged in the generation, transmission, and distribution of electricity, and the distribution of natural gas. Headquartered in Minneapolis, MN, the company has 7,147 employees.

Other Policies, Programs, and Practices

NSP is the founding company of the Meals-on-Wheels program in the U.S. For many years, the company has been associated with the Special Olympics, the Metro Paint-a-Thon, and the United Way, which provide support for organizations such as Courage Center. NSP employees give their time, skills and expertise to these various disability-focused community efforts; and through the NSP Shared Resources Program, employees are able to volunteer time to these activities during the work day. The company has received many awards for its disability-awareness efforts.

Person to Contact for More Information

Libbey Chiodo
Diversity Specialist
Northern States Power Company
414 Nicollet Mall
Minneapolis, MN 55401
Telephone: 612-330-7957 FAX: 612-330-7935

PPG

Background

PPG Industries, Inc. (PPG), employs 31,000 persons throughout the United States, and is headquartered in Pittsburgh, PA. The company manufactures and distributes glass protective and decorative coatings, flat and fabricated glass products, chlor-alkali and specialty chemicals.

Other Policies, Programs, and Practices

Since 1990, PPG has embarked on a number of diversity initiatives. It has completed over 110 Diversity Awareness Training sessions. EEO, Affirmative Action, Diversity and Sexual Harassment Training have been a part of PPG's supervisory training program since 1988. PPG is integrating diversity into its teamwork efforts and its quality process, and PPG believes that these efforts will further strengthen its EEO and Affirmative Action efforts. The Human Resources staff conducts annual training sessions on affirmative action plan preparation. The EEO staff provides a quarterly review of all facilities' affirmative action reports for each Strategic Business Unit management, identifying progress against their goals and areas for improvement.

In 1995, PPG formed a Corporate Diversity Council, chaired by an operating group Senior Vice President, and made up of a diverse group of employees to advise corporate leaders in ways the company can accelerate diversity efforts. Three manufacturing sites have established diversity councils. The Diversity Council's accomplishments in 1996 included distribution of diversity articles for local facility employee newsletters, a diversity speaker's guide for top leadership, development of a diversity overview videotape for use in employee meetings, and expansion of existing mentoring programs.

A review of all regular training and development course offerings takes place annually to ensure that affirmative action and diversity initiatives are given appropriate time and attention.

Person to contact for more information

George E. Krock
Manager, EEO & Selection
Corporate Human Resources
PPG Industries, Inc.
One PPG Place
Pittsburgh, PA 15272
412-434-3413

TABLE 6. OTHER "BEST" POLICIES, PROGRAMS AND PRACTICES PRESENTED BY COMPANIES

I. "Best" Practices Presented by Companies in Management Commitment and Accountability

The Task Force is of the view that management commitment and accountability are driving forces behind all of the other practices. Accordingly, it was decided to set forth examples of companies' management commitment and accountability mechanisms.

The comments by necessity had to express the company's commitment to equal employment opportunity. There also had to be some statement of accountability. Manifestations of management commitment included CEO- and other high level management- launched and supported EEO, Diversity, and Affirmative Action initiatives, such as training; developing goals; and planning and implementing strategies. Manifestations of management accountability included executive leadership reviews on progress toward EEO/Diversity goals with linkage of incentive pay to the achievement of these goals, the identification of the importance of valuing diversity as a key executive competency, and the evaluation of management on their success in actively fostering the careers of and retaining high performing women and minority staff.

Since management commitment and accountability are driving forces behind all practices, overlap with the other "best" practice sub-sections is unavoidable. Hopefully, this overlap can only serve to reaffirm and reinforce the importance of management commitment and accountability in the effectuation of equal employment opportunity.

The selected practices essentially go above and beyond the requirements of the law. Thus, for example, there are no requirements that companies set goals for diversity or that they set forth a management performance commitment plan. Management commitment and accountability are the driving forces behind all of the other practices, and thus are essential to the overcoming of barriers to equal employment opportunity generally. There is no indication the profiled practices cause or result in unfairness. The companies' practices were chosen because of their diversity and comprehensiveness and/or the uniqueness and innovativeness of their programs.

The companies, whose practices have been selected for profiling, are listed in alphabetical order by company.Thetable at the end of the sub-section summarizes the practices brought to the attention of the Task Force.

DIAL CORPORATION

Background

The Dial Corporation (Dial), a $3.6 billion Fortune 500 company, operates in two business sectors: consumer products and services. It is headquartered in Scottsdale, AZ, and has 28,000 employees worldwide with 3,000 in the U.S. One of its major divisions, The Dial Consumer Products Group, was founded in 1887, and is one of the country's leading manufacturers of food, soap, detergent and household products.

Management Commitment and Accountability

Dial's CEO has issued policy statements, addressed to all employees and posted in all locations, on Affirmative Action and on Equal Employment Opportunity. The statements carry the message that the CEO desires that the workplace be fair and equitable for all employees, that the goals are not only legal requirements, but are linked to the dignity and value of each person, as well as to the business success of the company. The Affirmative Action Goals are "living" goals, which are monitored quarterly with a report going to the CEO on the progress for all departments. Executives are held accountable to maintain equitable levels of women and minorities in their groups; and the performance of all leaders is measured against these goals as a part of their performance review.

All managers and supervisors are required to attend Civil Treatment for Managers, a one day course designed to clearly communicate leadership's responsibilities to everyone who supervises people. Dial's Diversity Policy, which is part of the Manager's Guide to Human Resources, and is given emphasis in the leader training for this guidebook, makes clear that its employees at all levels are responsible for fair and equitable treatment of each other. Each Director of Staffing and employee of that group receives one-on-one training from the Director of Diversity on ways to achieve diversity goals, and on the record-keeping requirements. In 1996, all employees attended a program entitled Optimizing Diversity, which was designed to ensure that the employees know Dial's guidelines and understand their responsibilities to the company and to each other. Additionally, Dial's publications regularly focus on the value its diverse employees bring to the company.

Dial does an intensive self-audit on an annual and on-going basis. One, conducted in January 1997, examined every area of the company's policies and practices with the goal of removing barriers and resolving problems by preventing discrimination. All action items were acted upon and corrected. Another example was a former employee survey, conducted in June 1997, which was designed to determine if Dial's former female and minority employees had experienced discrimination while employed by the company. The company was pleased to learn that they had not.

Person to Contact for More Information

Beverly J. Powell, SPHR
Director, Diversity and People Development
The Dial Corporation
15501 North Dial Boulevard
Scottsdale, AZ 85260-1619
Telephone: 602-754-5488 FAX: 602-754-1098

EASTMAN KODAK

Background

Eastman Kodak Company (Kodak) is a leading developer, manufacturer and marketer of consumer and commercial imaging products. The company's roots date back to 1879 when George Eastman obtained a patent on his plate coating machine. Today, the company is headquartered in Rochester, NY, and employs 94,800 workers. Manufacturing operations are maintained in Canada, Mexico, Brazil, the United Kingdom, France, Germany, Australia, and the U.S. Kodak products are marketed in more than 150 countries.

Management Commitment and Accountability

The CEO has committed that management will be held responsible for increasing the percentage of women, minorities, and non-U.S. Nationals as succession candidates to key positions. Managers are held accountable to achieve Kodak's global performance expectations, including building and maintaining a diverse corporation; employee development; and people leadership, including building a performance-based culture that delivers business results. Under Kodak's 1996 Management Performance Commitment Plan, 40% of the candidates for management positions are to be drawn from women, minorities, and people of other cultures.

Kodak indicates it is committed to becoming a truly diverse corporation. It seeks to build gender, racial, and cultural diversity that reflects global and local demographics in the workforce and management ranks. Accordingly, Kodak seeks to manage diversity by creating a culture that naturally enables all members of its diverse workforce to contribute their full potential in pursuit of business goals. Kodak emphasizes its corporate values in five respects: (1) respect for the individual; (2) integrity; (3) trust; (4) credibility; and (5) continuous improvement and personal renewal.

The company has established a Corporate Diversity Council; diversity training initiatives; and its business units are establishing their own diversity initiatives. Employee networks play an important role in Kodak's quest to become a truly diverse corporation. These are voluntary, nonprofit associations of people who have common interests, and are open to all Kodak employees and retirees. They include: Women in Management Council, Women's Forum of Kodak Employees, Working Parents League, Hispanic Organization for Leadership and Advancement, the Lambda Network for gay, lesbian, and bisexual employees, Native American Council, Network North Star serving African American employees, and the Veterans Network.

Person to Contact for More Information

Marian L. Miller
Equal Employment Programs Specialist
Eastman Kodak Company
343 State Street
Rochester, New York 14650
716-724-3103

EQUAL EMPLOYMENT ADVISORY COUNCIL

SUBMITTAL #3

Background

This "best" practice was submitted anonymously through the Equal Employment Advisory Council.

Management Commitment and Accountability

This company believes that its diversity represents a tremendous strength because it allows them to tap a broad range of human potential; provides them with new insights and ideas; and helps them better understand and relate to the company's changing customers in the emerging global marketplace. Diversity also provides a competitive advantage for its customers, employees, and the company.

The company's global diversity vision has led to the creation of a proactive strategy, which includes six components: Management Leadership; Diversity Learnings; Outreach and Recruitment; Development Programs; Work-Life Programs; and Employee Participation.

The management leadership is reflected in the company's establishment of people as one of its priorities, and in its communication of the company's direction and plans to become the best place to work for every employee through its diversity, work-life, and development strategies. A Diversity Leadership Council, comprised of senior executives representing all of the businesses and related corporate functions, develops and drives key diversity initiatives worldwide. Corporate objectives have been updated to reflect diversity and inclusion. The Diversity Strategic Plan describes the current status of the company, where it plans to go, how it plans to get there, and serves as a guide for company organizations to devise their own diversity journeys.

To assess its diversity program and needs, the company held a Worldwide Dialogue with 300 senior managers to define what accountability for diversity success would include. The Diversity Accountability Framework identifies the fundamental behaviors and actions which are needed from every manager to accomplish the company's Global Diversity Goal, and the measures that will reflect its success.

Included in the company's strategies for achieving the company's diversity goals are the following efforts:

• A Diversity Education and Training Strategy which establishes a consistent delivery of diversity education and describes an array of education options for company organizations.
• Diversity Best Practices Forums to allow organizations to learn from others and which are highlighted in forums, newsletters, and other communications.
• A Diversity Home Page which includes on-line tools, materials, resources, and other information.
• A Diversity Resources Center, a reference library which includes books, periodicals, videos, and other diversity education and training materials.

The company's outreach and recruitment efforts include strengthened on-campus relationships which identify early top candidates; the use of external search firms; diversity-focused ad campaigns; increased internal job posting levels to broader access; and K-12 educational programs to invest in the future workforce.

Work-Life Programs create a supportive and flexible work environment. Employee participation in network groups, Diversity Advisory Boards, Councils, and Task Forces fosters communication, professional development, teamwork throughout the world, and also helps the organizations to establish priorities and actions which help the company meet its diversity objectives.

Person to Contact for More Information

Corrie L. Fischel
Counsel
Equal Employment Advisory Council
1015 Fifteenth Street, NW, Suite 1200
Washington, DC 20005

FANNIE MAE

Background

The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and, generally, the largest issuer of debt in the United States, second only to the U.S. Treasury. It works in partnership with communities across the country to make affordable housing and home ownership opportunities available to more American families. Fannie Mae has more than 2,900 employees.

Management Commitment and Accountability

Fannie Mae's submission includes numerous statements from its highest management officials indicating a firm commitment to equal employment opportunity (EEO), to nondiscrimination in all aspects of employment; and to its diversity and affirmative action programs, which are specifically designed to remove barriers.

The President and Chief Operating Officer head a Diversity Advisory Council, a standing committee which is comprised of senior management; representatives of employee support groups; representatives of each Regional Diversity Advisory Council; and persons from the offices of Diversity, Human Resources, Training and Development, and the General Counsel. The Council's role is to identify issues, help develop and initiate diversity strategies, and communicate with senior management on a continuing basis.

Fannie Mae has an Office of Diversity, headed by a vice president, and reporting directly to the President and Chief Operating Officer. The Office of Diversity's mission includes developing goals to achieve diversity at all levels; creating a culture to maximize the corporation's ability to hire, retain, develop, and promote a diverse workforce; monitoring corporate compliance with all legal requirements regarding EEO and affirmative action; developing and operating an employee dispute resolution process; and administering the corporate mentor program. It coordinates with the Office of Training and Development in the development of programs to address diversity issues and fair employment practices. It coordinates with the Office of Human Resources in conducting assessments/surveys of the Fannie Mae culture.

Persons to contact for more information:

Maria Johnson
Vice President
Sarah Goldfrank
Office of Diversity
Fannie Mae
3900 Wisconsin Avenue, NW
Washington, DC 20016-2899
202-752-6564 or 202-752-2157

NORTHERN STATES POWER COMPANY

Background

Northern States Power Company (NSP) is engaged in the generation, transmission, and distribution of electricity, and the distribution of natural gas. Headquartered in Minneapolis, MN, the company has 7,147 employees.

Management Commitment and Accountability

NSP has a hard-hitting message which permeates all of its diversity training programs: "As the country's workforce shrinks and becomes more diverse, embracing and celebrating diversity becomes a matter of survival for companies who wish to remain competitive."

NSP states it is committed to fully utilizing the talents and skills of all employees to be competitive in the changing utility industry. Its diversity efforts are aimed not only at creating a workforce that mirrors the diversity of the communities they serve, but at ensuring that NSP cultivates the creativity, talent, energy, and power of its entire workforce.

NSP developed and implemented its first diversity strategy in 1988. The original strategy was composed of six specific goals, which included:

• Making diversity a part of every business decision.
• Creating a company structure which supports diversity.
• Link diversity to rewards.
• Invest in training so diversity flourishes.
• Deliver diversity-focused community programs.
• Communicate shared values.

In 1995, NSP's strategy was reviewed, and a mission, strategy, and specific goals were developed:

• Summary of the Mission Statement: In active and committed partnership with employees, create and support a culture that fosters, celebrates and capitalizes on diversity....encourages innovation and quality.....drives out fear.....maintains a level playing field for all employees....and has zero tolerance for discrimination.
• Summary of the Strategy Statement: Creating an environment where diversity is recognized and valued requires a long term commitment to changing an organization's culture. NSP recognizes that change is a difficult process and cannot be achieved without proper planning.
• Goal areas: Communications; education/training; employee involvement; career development and planning; accountabilities and reward systems; integration with business planning; community relations; and internal systems, policies, practices, and structure.

NSP's updated strategy:

• Expands on its original Diversity Strategy to reach enhanced integration of diversity into business practices and ownership of goals and accomplishments down to site and individual levels;
• Leverages/capitalizes on accomplishments to date;
• Identifies process for setting goals, which moves beyond one-size-fits-all goals for the entire organization to sound goal setting at each level of the organization;
• Provides structure and components for plan development by each business area and individual;
• Progressively expands ownership of diversity accomplishment and allows for acknowledgment at each level of the organization over time;
• Capitalizes on existing business planning and performance management processes;
• Based on "respect for the individual" and the idea that getting along with co-workers is part of each employee's job;
• Developed bottom-up rather than top-down; and lends itself to continuous enhancement and improvement which constitutes culture change.

NSP has stated that surviving and prospering in the utility industry of the 21st Century requires the company to collaborate effectively and capitalize on the value of every individual. As NSP moves into the next century, the company indicates that its commitment to diversity will remain as strong as ever, because cultivation of the creativity, talent, energy and power of the entire workforce is the key to its success.

Person to Contact for More Information

Libbey Chiodo
Diversity Specialist
Northern States Power Company
414 Nicollet Mall
Minneapolis, MN 55401
Telephone: 612-330-7957 FAX: 612-330-7935

PPG

Background

PPG Industries, Inc. (PPG), employs about 31,000 persons throughout the United States. PPG is headquartered in Pittsburgh, PA. The company manufactures and distributes glass protective and decorative coatings, flat and fabricated glass products, chlor-alkali and specialty chemicals.

Management Commitment and Accountability

The Chief Executive Officer (CEO) has publicly committed to all PPG employees worldwide his support and commitment to EEO, Affirmative Action, and Diversity. PPG designed a video featuring the CEO, the President, Senior Vice President of Human Resources and other key employees that explains the importance of Diversity, EEO and Affirmative Action in achieving all of PPG's key business objectives in 1997.

PPG's CEO has directed that each vice president set his or her own unique individual or organizational annual goal for enhancing the corporation's diversity efforts and has personally reviewed those goals and progress toward their achievement. All PPG vice presidents and managers reporting directly to the vice presidents have identified Diversity goals for themselves in their 1996 Accountabilities Documents. Many vice presidents have instituted similar activities with their staffs.

In a recently implemented executive development, PPG management has identified key competencies which current and future leaders must have to insure continued success in the global marketplace. The competencies for success reflect an acknowledgment of the importance of valuing diversity for PPG's leaders. From PPG's perspective, valuing diversity means:

1. Developing a climate where the full potential of all associates from varied backgrounds and cultures is realized;
2. Creating opportunities for diverse perspectives to be heard; and
3. Using PPG's diversity as a competitive advantage.

The key behaviors that characterize this competency area include such things as:

1. Demonstrating inclusive behavior by establishing relationships with people of different cultures and backgrounds;
2. Examining one's own biases and behaviors to avoid stereotypical responses;
3. Valuing differences through team building;
4. Promoting increased diversity through recruitment and development;
5. Confronting racist, sexist or inappropriate behavior from others; and
6. Challenging exclusionary organizational practices.

The inclusion of these diversity related competencies in PPG's executive development programs is a clear signal of recognition by PPG management that diversity skills are becoming increasingly important for PPG.

PPG leaders have included diversity goals in their accountability documents for 1996. These goals were established by each vice president and include individual development activities ranging from education about diversity through reading, attending workshops or seminars, mentoring individuals from different backgrounds, considering input from individuals with diverse points of view for decision making, and improving interpersonal skills like active listening or giving and receiving feedback.

Person to contact for more information

George E. Krock
Manager, EEO & Selection
Corporate Human Resources
PPG Industries, Inc.
One PPG Place
Pittsburgh, PA 15272
412-434-3413

PROCTER AND GAMBLE

Background

Procter & Gamble (P&G) markets more than 300 brands of consumer products to nearly five billion consumers in 140 countries. The company started in the United States in 1837, and is headquartered in Cincinnati, OH. P&G has on-the-ground operations in nearly seventy countries, and it has 103,000 employees worldwide, with 14,600 in Cincinnati. In 1995-96, net sales exceeded $35 billion, and net earnings exceeded $3 billion.

Management Commitment and Accountability

The P&G Chairman and CEO has indicated the company's commitment to diversity in many communications to employees, in speeches to corporate and non-corporate groups, and in many of the company's brochures. He says P&G is committed to diversity, including the focus on doing everything possible to advance the careers of women and minorities, because managing a strong, diverse organization is right for business, is essential to achieving P&G's business goals and objectives, and is critical to achieving superior business results.

According to P&G, it manages diversity as it would any other key business strategy - establishing clear accountability and measuring results so that barriers are eliminated. The company cites the advancement of minorities and women in leadership positions as evidence of continual and sustained improvement. The CEO personally leads the process that identifies and develops minorities and women for positions of company leadership. The Senior Vice President of Human Resources personally oversees Annual Diversity Reviews with the Vice President of Diversity and the top management of each function and each business sector. These systems and processes provide the framework for the company's identification and development of its next generation of leadership, and, in addition, maintains accountability for this critical management responsibility.

The top development candidates are identified from the worldwide employee base by each of the senior executives, routinely comparing P&G's top U.S. Managers with other U.S. Managers and their P&G International peers. Annually, the Chief Executive convenes the Executive Committee worldwide to dedicate an entire day to review and discuss development lists and career plans for the company's top candidates. The executives also specifically focus on P&G's top minority and women candidates, and go down into the pipeline to ensure that talented individuals get optional career oversight and monitoring, often well before they are at a level to be considered for the top lists.

Diversity goals are established by each organization and are included as one of the key measurements in achieving overall business results. Diversity Reviews are conducted with the top management of each corporate function, and progress toward those goals is evaluated regarding the enrollment and development of personnel. The results are reported directly to the Executive Committee. Beyond this executive oversight process, accountability for Diversity is incorporated in performance reviews at all levels of the organization. Employee performance reviews are based on a list of "what counts" factors, which include an employee's ability to respect and work effectively with diverse people. This gives individuals direct feedback concerning their personal progress. For employees who have others reporting to them, their performance reviews also include assessments of their ability to develop people, including women and minorities.

Person to Contact for More Information

Lynwood L. Battle
Manager, Diversity
Procter and Gamble Worldwide
1 Procter and Gamble Plaza
Cincinnati, OH 45202-3315

TABLE 7. "BEST" PRACTICES PRESENTED BY COMPANIES IN MANAGEMENT COMMITMENT AND ACCOUNTABILITY

J. Partnership Programs

The partnership programs presented in this report exemplify a variety of relationships that have been established to help meet the needs of one or more of the partners. Many impact directly or indirectly on the identification and preparation of a skilled workforce for the future.

Some entities may assist companies in filling a particular equal employment opportunity need or needs. A consultant may provide assistance in planning and implementing a program facilitating equal employment opportunity for present and/or prospective employees. Thus, for example, a work-life initiative could be pursued by a company with the assistance of a consultant. Other entities may assist companies in finding, training, and honing unpolished talent. Thus, an employment agency may help a company in such a recruiting initiative. Of course, partnerships are not so limited. Indeed, partnerships may involve a myriad of equal employment opportunity initiatives and a host of players, including private sector employers, in addition to government agencies, communities, consultants, schools, individual volunteers, as well as nonprofit organizations, all working together with the goal of providing opportunities for a targeted group or all employees.

These programs may be helpful from two perspectives. First, they may be a contact point for getting direct assistance in facilitating employment relationships. Second, they may serve as a prototype for similar projects. The Task Force believes there are some exciting and innovative initiatives being offered. While, in some cases, it is too early to tell how well these initiatives have worked, the Task Force nevertheless has concluded that they are worthy of special notice.

The selected companies, organizations, or entities are presented in alphabetical order.

AMERICA WORKS

America Works is a private employment agency headquartered in New York City, that specializes in helping welfare recipients get jobs.

America Works specializes in a full range of entry-level positions: receptionist, secretary, word processor, mail-room clerk, customer service rep, cashier, factory/warehouse security worker, among others. The salary for its placements typically ranges between $15,500 to $18,000 per year.

America Works obtains its employee candidates by advertising for welfare recipients looking to work. It gives them a week of "preemployment orientation" and two or more weeks of additional training. It then sends the employee candidates to interview for appropriate positions.

America Works has a network of 500 client employer companies. Its customers range from organizations that have fewer than fifty employees to larger Fortune 500 companies.

Employers "try out" every employee for up to four months. During this time, America Works pays the employee directly and bills the employer for the salary. America Works pays workers' compensation and unemployment claims, applicable to the employee, during this time. America Works also provides the employee a support specialist who visits weekly, monitors performance, and provides whatever help is needed, whether it be a problem at work or home. After the "try out" period, the employer decides whether to hire the person. If the employer decides to hire the person, America Works gets paid $5,000 to $5,490 by the welfare department.

Over the past decade, America Works has placed more than 5,000 welfare recipients in jobs, paying an average of $15,000 per year and providing full medical benefits. The average client: a woman with two children and no high school diploma who has spent 4.9 years on welfare. Eighty-five percent of those employees that America Works has placed have kept jobs for at least a year, according to a 1993 study by Ernst & Young. According to America Works, more recent New York state data show that this approximate rate still holds.

Person to Contact for More Information

Richard Greenwald
Director of Development
America Works
575 8th Avenue, 14th Floor
New York, NY
212-244-5627 x-143

BRIDGES FROM SCHOOL-TO-WORK

Bridges from School-to-Work (Bridges) is sponsored by the Marriott Foundation for People with Disabilities[21] and administered by TransCen, Inc. (TransCen), a private, not-for-profit corporation.[22] The major thrust of TransCen's work is to enhance the ability of youth with disabilities to successfully transition from school to work. TransCen has been charged with establishing collaborative relationships among government, education, private agencies, advocacy groups and employers, which facilitate the development, implementation and evaluation of model efforts that increase opportunities for the employment of people with disabilities. Bridges' offices include the main office in Rockville, MD and programs operating in Fairfax, VA, Washington, DC, San Francisco, CA, Los Angeles, CA, Atlanta, GA, and Chicago, IL.Bridges has two key purposes: to provide students with job training and work experience that enhance employment potential, and to help local employers gain access to an often overlooked source of entry-level workers. The Bridges' program gives young people with disabilities the opportunity to learn, grow, and succeed through a project that involves employers, schools, students and their parents. There is no fee to the participants, students or employers.Education, training, and support, focusing on internships, are central to the Bridges' model. To prepare the student interns for the workplace, the program provides orientation and training for the students and their parents. To assist employers, Bridges conducts disability awareness training that addresses workplace issues such as communication, supervision, and discipline. To support the internships, Bridges' employer representatives help identify appropriate positions, match student interests and capabilities with job requirements, and provide ongoing assistance to employers and interns.

More specifically, TransCen, the administrator of Bridges, directs all aspects of the programs through local Bridges project directors and employer representatives who:

• Work with employers to identify potential internship positions and job requirements.
• Develop appropriate student internship matches based on analysis of worksite/job needs and student interests and abilities.
• Assist company personnel in working effectively with interns.
• Provide on-site, follow-up support to employers and students during internships.
• Assist employers in conducting regular intern performance appraisals, including final evaluation at the completion of the internship period.

The Employer:

• Selects managers and supervisors to attend disability awareness training.
• Works with program staff to identify and analyze potential paid internship positions.
• Interviews students referred for internships and makes final selection decisions.
• Utilizes the program's staff to assist company personnel in orienting, training, supervising, monitoring and evaluating interns.

The School System:

• Identifies and recommends students with disabilities in their final year of high school for participation in the program.
• Assists students in applying and interviewing for participation in the program.
• Maintains regular contact with the program's employer representatives.
• Provides additional support to the interns and their families, as needed, and integrates the student's internship experience into the school program.

Over 3,000 youth have participated in this employer-driven internship program since it began in 1990. Some 900 employers have participated.

Bridges has assisted young adults in finding employment in a variety of occupational areas. These jobs have included: administrative assistant, data entry clerk, carpenter's assistant, day care aide, editorial assistant, security officer, retail clerk, dietary aide, mechanic, printer's assistant, animal care assistant, receptionist, hotel house person, theater attendant, library assistant, and landscape assistant.

Person to contact for more information:

Steven P. Mathis
Employer Representative
Bridges from School-to-Work
451 Hungerford Drive
Suite 700
Rockville, MD 20850
301-424-2002

FOUNDATION FOR EDUCATIONAL INNOVATION

The Foundation for Educational Innovation (FEI) is a local and national nonprofit organization launched in the summer of 1993 to energize education through the innovative use of technology. FEI has been working on the Washington Technology Initiative (WTI). Under WTI, the Washington, DC (DC or District of Columbia) community is in the process of adopting a comprehensive strategy to prepare DC citizens for jobs, requiring computer and other technological skills, that foster economic development. The strategy includes the entire community: schools, business and labor, community organizations, and government and international agencies. Thus, a network of continuing partnerships between schools and community groups on one side and providing partners on the other is contemplated. The providing partners--companies, government and international organizations--would use their technological skills to wire sites, install hardware and software, train teachers and administrators, and be a continuing resource for schools and community organizations.

The Washington Post (March 7, 1997) reported in its business section about one of FEI/WTI's pilot programs, a new computer network training program being conducted at one of the District of Columbia's public high schools (Ballou) for twenty-three senior class students. Working closely with school officials and FEI, the Novell Corporation, a work office software company, provided a cadre of Ballou twelfth-graders and community members with courses and training to qualify for one of the company's national certification programs (Certified Novell Administrator). Participants, who successfully complete the program, graduate with a high school diploma and a nationally recognized technology certification. Washington, DC, area technology companies, including BTG, Inc., Compaq Computer, and Bell Atlantic of Washington, DC, donated and installed computers for the three-month training. BTG and Educational Data Systems have promised to hire all of the students, who pass standard certification exams for the positions, at starting salaries of $25,000 to $30,000. The software and other teaching and student materials were donated by Novell. Bell Atlantic and Potomac Electric Power Co. upgraded Ballou's electrical circuits and telephone connections.

In addition, an essential element of the Ballou project was the partnership between the school and the U.S. Immigration and Naturalization Service (INS). Drawing on the agency's vast pool of technology expertise, the Ballou project engaged several volunteers who worked constantly to improve the infrastructure of the school. INS volunteers assessed the technological capability of the school (a site survey). Next, they developed plans to wire the school (wiring schemes), which when completed, made the school ready to accept new technologies. INS volunteers regularly provide site surveys to ensure the Ballou project maintains its high level of technological readiness. In addition, INS volunteers work closely with teachers and the Novell trainers to provide students and community members with useful technology skills.

This program could be a model for many similar programs in terms of a mutually beneficial community and business partnership.

Person to Contact for More Information

Archie B. Prioleau
President, Chairman
Foundation for Educational Innovation
1429 G Street, NW, Suite 349
Washington, D 20005
Telephone: 202-628-6660/301-499-1570

MAINE MEDICAL CENTER

Maine Medical Center (MMC) is a 598-bed nonprofit teaching hospital located in Portland, ME, the largest city in Maine. MMC is the largest hospital in Maine, and the third largest private employer in the state. It provides the full range of medical services to its community, and is the major referral center for Maine and parts of New Hampshire.

MMC is assisting employers in the job placement of persons with psychiatric disabilities. More specifically, the MMC Hospital Industries Program (HIP) has been successfully using the individual-placement-supported-employment model of vocational rehabilitation. This model includes an analysis of the individual and the work environment in order to make the best possible job match; the use of situational assessments in actual work settings; the development of natural supports in the workplace; the delivery of rehabilitation training on the job; and the encouragement of career development. In addition, using the place-train model, MMC serves fifty persons with psychiatric disabilities per year and has placed people in seventy businesses throughout Maine. MMC also has a program of employment development for youth with emotional and cognitive disabilities that has been in existence for nine years. It recognizes that the support of people with psychiatric disabilities must go beyond the rehabilitation service and include the worksite and the clinician.

MMC is also a member and the project leader of a consortium, which began in 1993, of some sixteen employers to promote employment for people with psychiatric disabilities. The purpose of the program is to determine how the consortium of employers can collectively:

1. improve career development training and employment opportunities for people with psychiatric disabilities;
2. assist in achieving compliance with the ADA, especially as it relates to people with psychiatric disabilities; and
3. test strategies that later can be disseminated to other elements of the working community.

Consortium member representatives are Human Resource managers from each institution or company. In addition, there are representatives of the Maine State Department of Mental Health and Mental Retardation, a mental health consumer who is employed, and the Augusta Mental Health Institute. The program is being conducted under the auspices of the HIP.

MMC, as the project leader, works with the representatives from the Human Resource offices to determine:

1. the employment needs of the employers represented that can be met by people with psychiatric disabilities;
2. the kinds of skills, knowledge, and attitude training needed by supervisors and co-workers to manage effectively people with psychiatric disabilities;
3. how training can best be designed and delivered to employees; and over a three-year period, how many supervisors can be trained in the best ways to support employees with psychiatric disabilities; and
4. how many people with psychiatric disabilities can be engaged in career development/on-the-job training and hired. Each member of the consortium has pledged to provide a minimum number of jobs each year. The consortium will intervene to enhance job opportunity.

In implementing the program, alternative strategies are developed and tested in the group of cooperating employers for expanding development, training, and employment opportunities. Training, planning assistance, and evaluation for Human Resources personnel and others responsible for recruitment, hiring, training, and oversight of personnel are provided. Accordingly, for example, employment specialists work with the employers to develop natural supports and reasonable accommodations. Education of co-workers and support for training of target constituencies are also provided.

For 1996, it was anticipated that 132 individuals, all having a major psychiatric disorder and unemployed, would be matched for work history.

Person to Contact for More Information

Richard M. Balser
Director, Department of Vocational Services
Administrative Director, Department of Psychiatry
Maine Medical Center
22 Bramhall Street
Portland, Maine 04102-3175
207-871-2088

NATIONAL TRANSITION ALLIANCE

The National Transition Alliance for Youth with Disabilities (NTA) is a national, collaborative effort of universities, nonprofit service and business organizations, and national education associations. Together, these organizations seek to assist youth with disabilities to develop skills, gain experience, and receive the services and support that the youth need to be successful after they leave school - whether it be in work, at a post-secondary school, or in the social fabric of the community. Through the NTA, effective models and activities are uncovered and evaluated, and the lessons learned are widely disseminated so that others can learn what works from its findings.

NTA submitted a booklet entitled Directory of Model Projects-1996, containing profiles of model demonstration transition projects, including Bridges from School-to-Work, supra, funded through 1996 by the U.S. Department of Education, Office of Special Education and Rehabilitative Services. The projects are divided into six categories: (1) post secondary demonstration projects; (2) model demonstration projects to identify, recruit, train, and place youth who have dropped out of school; (3) demonstration projects to identify and teach skills necessary for self-determination; (4) research projects on the transition of special populations to integrated post-secondary environments; (5) multi-district outreach projects; and (6) research projects on student involvement in transition planning.

Person to Contact for More Information:

Dr. Richard Horne
Co-Director
National Transition Alliance for Youth with Disabilities
1875 Connecticut Avenue, NW
Suite 900
Washington, DC 20009-1202
202-884-8183

TALENT ALLIANCE

Rapidly evolving technology and soaring global competition have led to trends in mergers and acquisitions, corporate downsizings, and restructuring initiatives that have impacted the productivity and profitability of corporations and the security of the workforce. With personal employment security plummeting, society is demanding more effective means of managing corporate restructuring and labor market shifts.

The Talent Alliance is a nonprofit coalition of American business firms, industry and trade associations, nonprofit organizations, academics, governmental representatives, and professional service leaders. The purpose of the Talent Alliance is to foster universal employability, career continuity, and personal security for the growth and success of employers, the workforce, and the U.S. economy. The organization will focus on developing state-of-the-art standards, policies, work ways, and tools to create the most competitive, productive, agile, and personally secure labor force in the world.

The Talent Alliance has a hierarchy of memberships -- millennium leaders, founding, sponsoring, general, associate, and research members. There also are two related organizations -- the Talent Alliance Institute and the Talent Alliance Foundation. The Alliance operates with on-going Boards of Trustees and several committees. Some levels of membership contribute to the Alliance in hierarchical amounts, while some pay no membership fee, and others pay a usage fee for services.

The Talent Alliance will initially offer four programs:

• A Futures Forum, which will comprehensively research, develop and communicate policy positions on future skills and work ways in specific industries (this is for employers, academics, and government officials);
• Career Growth Centers to enhance the employability of individuals through best-in-class on-line and on-site career planning tools and professional counseling;
• Training and Education initiatives to provide individuals with ready access to best-in-class training and education opportunities through a variety of media; and
• A Job-Application Matching System to match applicants with available positions from member companies in real-time through highly accessible, state-of-the-art processes.

Person to Contact for More Information

Jeannette C. Galvanek
Talent Alliance
P.O. Box 9239
Morristown, NJ 07960

UNITED ILLUMINATING COMPANY

The United Illuminating Company (UI) is an electrical utility provider. It was incorporated in 1899, and in two years will be 100 years old. It is headquartered in New Haven, CT, serves seventeen towns, and has 1,171 employees.

A Collaborative Approach to Vocational Assessment & Career Exploration for Homeless Women with Children

This program, A Collaborative Approach to Vocational Assessment and Career Exploration for Homeless Women and Children, began in September 1994. It was a collaborative effort between the Easter Seal Goodwill Industries Rehabilitation Center, serving south central Connecticut; Life Haven, an organization offering emergency housing and comprehensive support for homeless women and their children; and three area companies (including UI).

The objectives of the program were: (1) to address the education, training, and employment needs, facing homeless women with children, in a way that offers "real work" opportunities; (2) to form a partnership with area businesses and community agencies to offer participants vocational assessment, career exploration and a paid work experience at an actual job site; and (3) to provide the women with valuable feedback regarding every aspect of the individual's job performance (e.g., attendance, punctuality, productivity, quality of work, interactions with co-workers, etc.) to enable them to get on a quick path to career-oriented employment.

A Project Coordinator, who was hired through a grant provided by the Melville Charitable Trust to oversee all administrative aspects of the program, interviews the women; arranges for the administration of standardized tests to measure aptitudes in such things as mechanical abilities, clerical functions, fine-motor dexterity, academics, etc.; and conducts interest inventories using the Dictionary to Occupational Titles to begin narrowing down realistic career options.

A final phase of the assessment includes a paid two-week situational job assessment at one or more of the companies participating in the program. Upon completion of the vocational assessment, the Project Coordinator obtains job performance information from the employer and provides the participant with a summary of recommendations that includes identification of necessary education, occupational skills training, and job placement activities that should occur to follow-through on the career plan. Whenever possible, continuing education and training is recommended to occur concurrently with job placement. The total program is completed in twelve months.

Management and weekly/hourly employees in various departments have provided job shadowing and mentoring opportunities, as well as hands-on experience, to the homeless women during their situational job assessment.

Providing Alternative Career Experiences (PACE)

When Bridgeport, CT, area educators identified a high dropout rate for tenth grade students in high school, UI took a leadership role, collaborating with the Bridgeport Regional Business Council - Leadership Greater Bridgeport and the Bridgeport Board of Education to help start the PACE program.

PACE provides on-site job shadowing experiences with local businesses for students who are enrolled in the program through their high school's career counselor. A visit is then coordinated with the participating company of the student's choice. The student is teamed up with employees to learn about their jobs. The goal is to demonstrate to young people what a normal work day involves for a variety of careers. The students are scheduled for three on-site company visits during the course of the school year.

During the pilot year, thirteen participants from one area high school visited six companies. The program was considered so successful that it was replicated at two other high schools for 1995-96, and thirty-five students participated in 124 visits at twenty-four businesses. PACE has been institutionalized, and is now one of the Bridgeport School systems' school-to-work initiatives. During the 1996-97 school year, over 175 students and sixty businesses participated.

Person to Contact for More Information

Joanne Durand
Equal Opportunity Manager
The United Illuminating Company
157 Church Street
New Haven, CT 06506-0901
Telephone: 203-499-2672 FAX: 203-499-2511

WOMEN EMPLOYED INSTITUTE'S KEYS TO SUCCESS

Keys to Success is a program of the Women Employed Institute, a nonprofit organization founded in 1973, to empower women to improve their economic status and to remove barriers to economic equity through advocacy, direct service, and public education.

Keys to Success seeks to help displaced homemakers obtain good jobs and serves women in Cook, DuPage, and Will counties in Illinois. It is funded by the Women Employed Institute, the Illinois Department of Labor, and the Illinois State Board of Education through federal Carl D. Perkins Vocational and Applied Technology Education Act funds.

Keys to Success is a pre-employment training program for women who: have taken care of their families full-time for a number of years, but now need to get jobs; were dependent on the income of a family member but are no longer supported by that income; or were dependent on federal assistance but are no longer eligible for such assistance. According to the Women Employed Institute, a typical participant is approximately forty years old, divorced with two children, has few or no financial resources, and has little or no recent work experience; in most cases, she has not yet had to apply for welfare benefits.

The Program provides an intensive job-readiness training program, including skills assessment, resume development, interview preparation and practice, job search strategy development, self-esteem building and motivation, and preparation for workplace realities. Additional services include individual pre-employment counseling, individual counseling to identify educational and training opportunities, job development and placement, and financial assistance for child care, transportation, and short-term skills training.

Keys to Success provides employers with pre-screened applicants. According to the Women Employed Institute, Keys to Success has built and maintains solid placement relationships with hundreds of employers. The Women Employed Institute further indicates that 75% of its graduates are placed in employment and in training. Thirty-three percent of its graduates begin in positions earning between $15,000 and $20,000 with an average wage of $9.00 per hour. On the other hand, the Program spends only $1,043 to train and place a participant on a job or in an educational program that is intended to and hopefully will lead to economic self-sufficiency.

Person to Contact for More Information:

Nancy B. Kreiter
Research Director
Women Employed Institute
22 West Monroe Street, Suite 1400
Chicago, IL 60603
312-782-3902.

WORK/FAMILY DIRECTIONS, INC.

Work/Family Directions, Inc. (WFD) based in Boston, MA, is a leading provider of corporate work-life services, helping over 340 organizations develop policies and programs that contribute to their business goals.

WFD offers clients research, strategy consulting, training, community-investment management, and employee support services. Its services are designed to benefit corporations and their employees by reducing employee stress, job burnout, absenteeism and health-related costs, and improving employee commitment, performance, and the retention of top performers.

WFD focuses on its LifeWorks program, which it provides to employers. In its view, LifeWorks, WFD's enhanced family resource program, provides the assistance working people need to do their best at work and also care for their families. Through LifeWorks, employees can receive help planning for and anticipating life changes, information about normal developmental occurrences that are difficult to manage, and tangible assistance in identifying resources such as dependent care, schools, and financial aid options. LifeWorks covers a range of personal/family issues that affect work life, such as finding child care and managing the relationship with a provider, or caring for older relatives from a distance. It also helps employees deal with work issues that affect home life such as managing the emotional and logistical aspects of relocating a family or handling the unique parenting issues of shift workers. According to LifeWorks, it addresses the entire spectrum of employee concerns involving parenting, education, helping parents and older relatives, as well as caring for oneself.

Person to Contact for More Information

Kent Tunnicliffe
Business Development Specialist
Work/Family Directions, Inc.
930 Commonwealth Avenue
Boston, MA 02215-1212
617-278-4000

SECTION III "BEST" PRACTICE FINDINGS

A. "Best" Practice Ideas Applicable to All Equal Employment Areas

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. 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.

However, it is not easy for employers to comply with their obligations under our civil rights and EEO laws. This is complex 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 hard work in this area.

Leading companies responding to the Task Force seem to adopt what we call a "SPLENDID" approach to these issues. The acronym "SPLENDID" stands for a series of actions that conscientious employers can take to address EEO and diversity issues: STUDY, PLAN, LEAD, ENCOURAGE, NOTICE, DISCUSSION, INCLUSION, and DEDICATION.

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STUDY

-- Since one cannot solve problems one does not know exist:

• Get to know the law and standards that define your obligations.
• Get to know the various barriers to equal employment opportunity.
• Get assistance with the technical aspects of this process. Among available sources are:
  • Commission technical assistance.
  • Professional consultants.
  • Associations and other groups providing guidance.
• Ensure that your managers and employees have sufficient training so everyone knows their equal employment opportunity rights and responsibilities.

PLAN

-- Formulate strategies for achieving successful EEO results.

• Know your own circumstances (workforce and demographics - local, national, and global).
• Develop a vision of what your company will look like when you have achieved full diversity at all levels of management.
• Define your problem(s) or organizational barriers to successful career development and advancement for minorities, women, persons with disabilities, and other protected groups.
• Propose solution(s) to address your problem(s).
• Propose assessment procedures to determine if and to what degree you were successful in your approaches.

LEAD

-- Senior, middle, and lower management must champion the cause of diversity and provide not only symbolic but actual leadership for its implementation. One can promote Equal Employment Opportunity and diversity, not only as a morally and legally correct thing to do, but importantly, as a business imperative. Accordingly:

• Walk the talk.
• Ensure that management decision makers are fully committed to equal employment opportunity, and demonstrate by their managing how full diversity can be achieved.
• Ensure that there is meaningful management and employee communication regarding EEO and diversity activities, one's goals and objectives, and how that enhances business values and mission.

ENCOURAGE

-- Companies should encourage proper action by all managers, supervisors, and employees. Business practices and reward systems should be structured to promote diversity. If a diverse workforce is desired, behaviors that promote diversity must be rewarded. In this way, organizations will truly get what they pay for. Accordingly:

• Ensure that the appropriate accountability mechanisms are in place to assure progress and compliance.
  • Link between pay and performance should reflect technical competency as well as interpersonal skills.
• Adopt clear policies, procedures, and training mechanisms.
• Reinforce communication of the message that diversity is a business asset and a key element of business success.

NOTICE

--Take notice of the impact of your practices. Self-analysis is a key part of this process. Accordingly:

• Continually monitor and assess progress and compliance. Encourage feedback, candid and constructive problem-solving, and recommendations.
• Ensure that a practice does not cause or result in unfairness.
• Project positive external notice about the kind of company you are building.

DISCUSSION

-- Communicate and Reinforce the message that diversity is a business asset and a key element of business success. Accordingly:

• Do not assume employees and managers know this.
• Communicate with them.
• Sell the programs.

INCLUSION

-- Bring everyone into this process; leave no one behind. Accordingly:

• Don't leave out white males; they should not be, nor do they want to be, "the problem."
• Start by making clear that EEO initiatives are good for the company and, thus, good for everyone in the company.
• Then, include all groups in the analysis, planning, and implementation.

DEDICATION

-- Long term gains from these practices may cost in the short term. Accordingly:

• Do not be afraid to ride out any bumps in the road.
• Assign needed resources, human and other capital.

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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.

B. "Best" Practice Ideas Applicable to Recruitment and Hiring

• Establish a policy for recruitment and hiring, including criteria, procedures, responsible individuals, and applicability of diversity and affirmative action.
• Engage in short-term and long-term strategic planning:
  • Identify the applicable barriers to equal employment opportunity;
  • Delineate aims;
  • Make a road map for implementing the plan.
• Ensure that there is a communication network notifying interested persons of opportunities, including advertising within the organization and, where applicable, not only with the general media, but with minority, persons with disabilities, older persons, and women-focused media.
• Communicate the competencies, skills, and abilities required for available positions.
• Communicate about family-friendly and work-friendly programs.
• Where transportation is an issue, consider arrangements with the local transit authority.
• Participate in career and job fairs and open houses.
• Work with professional associations, civic associations, and educational institutions with attractive numbers of minorities, women, persons with disabilities and/or older persons to recruit.
• Use recruiter, referral, and search firms with instructions to present diverse candidate pools to expand search networks.
• Partner with organizations that have missions to serve targeted groups.
• Use internships, work/study, co-op, and scholarship programs to attract interested persons and to develop interested and qualified candidates.
• Develop and support educational programs and become more involved with educational institutions that can refer a more diverse talent pool.
• Ensure that personnel involved in the recruitment and hiring process are well trained in their equal employment opportunity responsibilities.
• Explore community involvement options so the company's higher profile may attract more interested persons.
• Eliminate practices which exclude or present barriers to minorities, women, persons with disabilities, older persons, or any individual.
• Include progress in equal employment opportunity recruitment and hiring as factors in management evaluation.

C. "Best" Practice Ideas Applicable to Promotion and Advancement

• Establish a policy for promotion and career advancement, including criteria, procedures, responsible individuals, and the applicability of diversity and affirmative action.
• Engage in short-term and long-term strategic planning:
  • Define aims;
  • Identify the applicable barriers to equal employment opportunity;
  • Make a road map for implementing the plan.
• Develop methods to identify high-potential persons.
• Establish a communication network notifying interested persons of opportunities, including advertising within the organization and, where applicable, not only with the general media, but with minority, persons with disabilities, older persons, and women-focused media.
• Communicate the competencies, skills, and abilities required.
• Provide for succession planning.
• Build talent pools.
• Develop career plans and programs for high potential employees.
• Provide sufficient training and opportunities for additional education.
• Ensure that tools for continuous learning and optimum job performance are available.
• Provide tools to enable employees to self-manage careers.
• Provide job transfer/rotation programs for career enhancing developmental experiences.
• Provide employee resource centers, so individuals may have more opportunities to develop career plans.
• Establish mentoring and networking programs and systems to help develop high potential individuals.
• Eliminate practices which exclude or present barriers to minorities, women, persons with disabilities, older persons, or any individuals.
• Ensure that personnel involved in the promotion and advancement process are well trained in their equal employment opportunity responsibilities.
• Include progress in equal employment opportunity in advancement and promotion as factors in management evaluation.

D. "Best" Practice Ideas Applicable to Terms and Conditions

• Establish a policy, including criteria, procedures, and individual responsibilities, that delineates the equal employment opportunity aspects of the terms and conditions of employment.
• Engage in short-term and long-term strategic planning:
  • Identify the applicable barriers to equal employment opportunity;
  • Define the goals;
  • Make a road map for the implementation of the goals and initiatives.
• Monitor compensation practices and performance appraisal systems for discrimination.
• Ensure that employee compensation is linked to performance and skills.
• Support family-friendly policies, including day care, elder care, employee assistance programs.
• Support work-friendly policies, including flexible hours, alternate work schedules, work at home, job sharing, part-time job opportunities, liberal leave.
• Establish and enforce a zero tolerance harassment policy.
• Establish and enforce an anti-discrimination policy.
• Provide guidance and training for managers and employees in support of both policies.
• Proactively support reasonable accommodation in the workplace:
  • For persons with disabilities,
  • For religion, and
  • For pregnancy and other family-life issues.
• Eliminate practices which exclude or present barriers to minorities, women, persons with disabilities, older persons, or any individuals.
• Assist interested employees with retirement planning.
• Link management pay to the contribution they make to ensuring a "discrimination free" work environment.

E. "Best" Practice Ideas Applicable to Termination and Downsizing

• Engage in short-term and long-term strategic planning:
  • Attempt to avoid or minimize laying off workers;
  • Plan for the future -- make adjustments now to limit future downsizing;
  • Establish a staffing plan, including a needs assessment for the short and the long terms;
  • Establish a communication plan for the employees;
  • Formulate an outplacement plan.
• Be proactive in helping employees adjust to employment status changes.
  • Consider an early retirement program to ameliorate the possible downsizing of other employees;
  • Provide for training, placement, and/or redeployment programs within the company;
  • Consider assistance to laid-off workers to find new jobs, including outplacement, severance pay, counseling, education, training, grants, and loans;
  • Establish a rehire list for laid-off workers.
• Ensure that personnel involved in the termination and downsizing process are well trained in their equal employment opportunity responsibilities.
• Link management pay to performance and progress in equal employment opportunity when undergoing termination and downsizing.

F. "Best" Practice Ideas Applicable to Alternative Dispute Resolution

• Establish a policy for alternative dispute resolution, including procedures and responsible individuals.
• Emphasize that retaliation against employees who pursue their legal rights is prohibited.
• Provide for and carry out disciplinary action against those who retaliate.
• Consider all program options.
  • Employee hotline.
  • Ombudsman program.
  • Peer review panel program.
  • Senior management review program.
  • Mediation program.
  • Arbitration program.
• Ensure that third-party facilitators (e.g., mediators) and decision makers (e.g., arbitrators) are well trained.
• Ensure that in any program the procedures are fair.
• Voluntary employee participation is the best.
• Link management pay to performance and progress.

G. "Best" Practice Ideas Applicable to Other Policies, Programs, and Practices

• Conduct training programs in EEO rights and responsibilities including, but not limited to:
  • gender awareness;
  • diversity;
  • disability, pregnancy, and religious accommodation;
  • harassment prevention; and
  • affirmative action.
• Such training should be provided for all employees.
• Encourage and support formation of employee groups along diversity lines (e.g., women, men, minorities, persons with disabilities, older persons, religious persons) to actively participate within the company in EEO matters.
• Form a Diversity Council with representatives of all interested organizations to discuss matters of equal employment opportunity.
• Encourage high-level management participation and interaction with employees and employee groups, and ensure employee access to management.
• Consider special emphasis programs and other events recognizing and highlighting the contributions of various cultural and/or social heritages.
• Publish a pamphlet or handbook detailing EEO rights and responsibilities, as well as diversity and affirmative action programs.
• Conduct assessments and surveys of employees, asking for their views as to what is right and what needs improvement in the company's conduct of its equal employment opportunity programs.
  • Suggestions for improvements should be encouraged.
  • Be prepared to act on worthy suggestions.
• Develop business relationships with minority-, disability-, and women-owned businesses.
• Participate in the community and show that the company is a good corporate citizen.
  • This may facilitate additional good will with the company's employees, enhancing pride in their employer.
  • It may also encourage residents of the community to be more interested in working for the company.
• Partner with other organizations (e.g., educational institutions, professional associations, civic associations, other companies, government agencies, interest/advocacy groups) to facilitate equal employment initiatives generally.
  • Such partnerships do not have to be narrowly focused on the specific equal employment opportunity interests of the particular participating company, but may be for the good of equal employment opportunity generally.
• Consider obtaining the assistance of expert consultants.

H. "Best" Practice Ideas Applicable to Management Commitment and Accountability

• The CEO must be firmly behind the equal employment opportunity programs of the company. It may be desirable, or even necessary, that the CEO launch and monitor initiatives.
• The management commitment must be clearly and continually communicated throughout the organization and preferably outside as well.
  • A key element in that communication should be the concept that in a diverse nation and in a diverse world, having a diverse workforce is a necessary asset for continued success into the 21st century.
• Management must have continuing reviews and assessments of equal employment opportunity programs of the company.
• Goals that have been set must be reviewed for what has been accomplished and the results appropriately assessed.
• Equal employment opportunity, including diversity, affirmative action, and the ability to respect and work effectively with diverse people, must be a performance standard.
• Managers' compensation must be tied, in part, to their performance on EEO evaluations.
• Accountability should be incorporated into performance reviews at all levels of the organization.

SECTION IV STATUTORY, REGULATORY, POLICY, AND OPERATIONAL REVIEW

The Task Force also wanted to assess how the Commission could better assist entities in developing "best" policies, programs, and practices. We considered any changes that may be needed in the statutes enforced by the Commission, regulations and policy guidance that would better facilitate the development of "best" policies, programs, and practices. The Task Force also considered what the Commission might do operationally to aid with these important efforts.

A. Review of Statutes, Regulations, and Policy Guidance

1. Introduction

The Chairman requested that the Task Force review all statutory, regulatory and procedural guidance for possible change or elimination and include, if needed, recommendations for change to such statutory, regulatory or procedural guidance or policies. After reviewing the comments received from the stakeholders and conducting our own assessment of the statutes the Commission enforces, as well as the substantive and procedural guidance issued by the Commission, the Task Force concludes that none of the Commission's current regulations or policy guidance hinder the development of best practices, but rather promote voluntary compliance with the statutes EEOC enforces. Therefore, the Task Force is making only a few recommendations, which are designed to enhance noteworthy compliance. Further, 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.

In addition to engaging in the numerous operational activities to facilitate the development of best EEO practices described below, the Commission has historically and consistently issued procedural and substantive policy guidance to facilitate voluntary compliance with the laws the Commission enforces, including the development of best practices. Since its inception, the Commission has issued procedural regulations governing our operations and substantive policy guidance interpreting the laws we enforce.

2. Procedural Guidance

The Commission's procedural regulations[23] describe the function and authority of various officials of the Commission and the procedures established by the Commission to carry out its enforcement responsibilities, including the processing of charges of discrimination filed with the Commission. In addition to the procedural regulations, the Commission has issued two other documents which provide guidance to investigators on how to process charges of discrimination, Volume I of the Compliance Manual and a June 1995 guidance memorandum, providing guidance on the new priority charge handling procedures entitled, Priority Charge Handling Procedures.

3. Substantive Guidance

The Commission has also consistently issued substantive guidance on the laws we enforce. This policy guidance informs employers, employees and other members of the public about the EEOC's interpretations of the laws the agency enforces, and also serves to develop the law on novel issues.

a. Commission Decisions

In the early years, the Commission issued interpretations of Title VII through Commission decisions which resolved charges of discrimination. Although these decisions only resolved a particular charge of discrimination, the policy positions taken in the decisions often had a major impact on the expansion of employment opportunities for minorities and woman. For example, in its first year of operation, the Commission announced that racially segregated unions, seniority lists, and lines of promotion constitute per se violations of Title VII. The Commission also ruled that segregation of employees by race in the use of working area, rest rooms, locker facilities, and recreational facilities violated Title VII.

In that same year, the Commission issued several interpretations that had a major impact on the employment opportunities of women. For example, the Commission ruled that women could not be denied overtime, refused supervisory training, or denied employment because they are married. The Commission also ruled that Title VII prevents an employer from reducing the hours of work of female but not male employees; it forbids an employer to refuse to promote a female employee because the higher job would require greater contact with males or subject her to working conditions which, in the employer's opinion were "unsuitable" or "undesirable" for women. The Commission also held that employers must provide reasonable job protection to women during pregnancy. Although issued in the context of resolving a charge of discrimination, these interpretations of Title VII required the elimination of discriminatory employment practices that benefited many employees. They also served as an incentive to other employers to bring their employment practices into compliance with the new law.

b. Regulations and Guidelines

The Commission began issuing guidelines interpreting Title VII soon after its inception. One of the primary purposes for issuing broad-based guidelines, which interpret the law regarding a specific issue, rather than resolve a specific charge, was to inform a wider audience of the requirements of the law and thus facilitate voluntary compliance with the law. These guidelines have also been instrumental in the development of the law in various areas. For example, in 1966 the Commission issued guidelines which took the position that employment practices that have an adverse impact on the employment opportunities of minorities and women violate Title VII. 35 U.S.L.W. 2137 (1966). The Supreme Court ultimately adopted that position in Griggs v. Duke Power Co., 401 U.S. 424 (1971).

The Commission has also been instrumental in the development of the law in the area of sexual harassment, issuing guidelines in 1980 clarifying that sexual harassment constitutes sex discrimination in violation of Title VII. 29 C.F.R. § 1604.11. Many courts have cited and relied on these guidelines in resolving cases which raise this issue.[24] Similarly, the Commission has been a leader in the development of the law in the area of pregnancy discrimination, amending its sex discrimination guidelines in 1972 to take the position that it is a violation of Title VII to require a woman to take leave from her job because she is pregnant or to terminate a woman because of pregnancy. 29 C.F.R. §1604.10. At that time, the Commission also held that for purposes of leave, health, disability or other benefits, pregnancy must be treated just like any other disability. Id. This position was adopted by the courts and ultimately the Congress when it passed the Pregnancy Discrimination Act of 1978. (See Volume II of the Compliance Manual § 626, Pregnancy) .

Between 1965 to 1972, the Commission issued guidelines on sex discrimination, national origin discrimination, employment testing, and religious discrimination. Currently, the Commission's guidelines cover those issues as well as affirmative action. 29 C.F.R. Part 1604--Guidelines on Discrimination Because of Sex; 29 C.F.R. Part 1605--Guidelines on Discrimination Because of Religion; 29 C.F.R. Part 1606--Guidelines on Discrimination Because of National Origin; 29 C.F.R. Part 1607--Uniform Guidelines on Employee Selection Procedures (1978); 29 C.F.R. Part 1608--Affirmative Action Appropriate under Title VII of the Civil Rights Act of 1964, as amended.

The Commission has also issued regulations which explain the legal requirements and provide guidance on how to comply with the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Equal Pay Act (EPA), 29 U.S.C. § 206(d).[25] The applicable regulations are found at 29 C.F.R. Part 1620--The Equal Pay Act; 29 C.F.R. Part 1625--Age Discrimination in Employment Act; 29 C.F.R. Part 1630--Regulations to Implement the Equal Employment Provision of the Americans with Disabilities Act.

c. Compliance Manual and Enforcement Guidances

The Commission also issues guidance, that is available to the public, in the form of chapters of Volume II of the Compliance Manual and Enforcement Guidances. These documents also address policy issues in a general fashion and serve the same purposes as the other policy documents issued by the Commission - to provide employers, employees, and other members of the public with substantive guidance about the laws enforced by EEOC, and to assist the courts in interpreting those laws. Thus, these policy documents are also intended to facilitate voluntary compliance with the laws and the development of best practices. They cover numerous topics under Title VII, the ADA, the ADEA, and the EPA.

Recently, the Commission issued several policy documents interpreting complex provisions of the ADA. The Commission issued a Compliance Manual section providing guidance on the definition of disability. The agency also issued enforcement guidances on preemployment disability-related inquiries and medical examinations, the ADA and psychiatric disabilities, and the relationship of state workers' compensation statutes and the ADA. Since the ADA is a fairly recently enacted statute, and the law is still developing, the Task Force believes that these guidances have been critical in helping employees understand their rights under the law, and helping employers to understand their obligations under the ADA, and thus facilitating voluntary compliance with the law.

Policy recently issued under Title VII includes an enforcement guidance defining the scope of the Title VII exemption for Indian tribes. The Commission also recently issued guidance on mandatory binding arbitration imposed as a condition of employment, taking the position that such policies are inconsistent with the civil rights laws.

The Office of Legal Counsel recently began a complete review of Volume II of the Compliance Manual. Their goal is to update the Manual and to make it easier for investigative staff and the public to use.[26]

4. Future Policy

The Commission recently engaged in a negotiated rulemaking on waivers of age discrimination claims related to retirement and severance benefits under the Older Workers Benefit Protection Act. A proposed regulation implementing the agreements reached in the negotiated rulemaking process was published for notice and comment last spring. Regulations Interpreting Title II of the Older Workers Benefit Protection Act of 1990 (OWBPA). 62 Fed. Reg. 22426 (April 25, 1997). Currently, the Commission is also considering several policy documents that will be helpful in the development of best practices. For example, the agency is considering issuing guidance on the application of the ADA to employer-provided health insurance and the disparate impact theory under the ADEA. The Commission's regulatory agenda is published semiannually in the Federal Register.

5. Access to Commission Policy

All of the Commission's policy documents and decisions are published by various commercial reporting services, such as the Bureau of National Affairs' Labor Relations Reporter, and Commerce Clearing House's Employment Practices Guide. In addition, they are available from the Commission's Office of Communications and Legislative Affairs (OCLA) and the Publications Distribution Center. They are also located on the Commission's Internet web site. In addition to policy guidance, the Commission's Internet site includes the text of the laws enforced by EEOC, information about how to file a charge of discrimination, information about the agency's technical assistance and training programs, the National Enforcement Plan, the litigation docket, and various publications issued by EEOC. The Commission's web site can be found on the Internet at http://www.eeoc.gov. OCLA can be reached at (202) 663-4900; TTY (202) 663-4494. The Publications Distribution Center can be reached at 1-800-669-3362; TTY 1-800-800-3302; P.O. Box 12549, Cincinnati, OH 45212-0549.

6. Comments from the Commission's External and Internal

Stakeholders

In its survey of and discussions with field office staffs and a variety of external stakeholders, such as members of the plaintiff and defense bars, human resources and corporate legal professionals, and community based civil rights leaders and groups, the Task Force received a number of comments relating to policy development. The Bureau of National Affairs indicated it would be interested in the Commission's thoughts on "best practices" in the alternative dispute resolution area. The Equal Employment Advisory Council encouraged the Commission to issue policy encouraging employees to use internal employer complaint processes before going to the Commission. The Women's Bureau, Office of the Secretary, Department of Labor recommended that the Commission develop comprehensive technical assistance manuals regarding sex, national origin, and race discrimination, similar to what was done for Title I of the ADA. An internal stakeholder suggested that the Commission issue more enforcement guidances for circulation to interested members of the public.

The Commission is currently undertaking many of the recommendations made by the stakeholders. As noted above, the Commission recently issued an enforcement guidance outlining the agency's position on mandatory binding arbitration. In addition, the Commission currently has technical assistance materials regarding race, sex, national origin, disability and age. Finally, the agency will continue to issue enforcement guidance providing interpretations of all of the laws enforced by EEOC.

7. Recommendations

As this brief summary of the Commission's activities in the policy arena indicates, the agency has been and continues to be committed to providing guidance to the public about the laws we enforce. That commitment includes obtaining input from internal and external stakeholders about the type and kind of policy guidance we should issue. The Office of Legal Counsel, which is primarily responsible for developing policy for consideration by the Commission, regularly meets with a broad range of external stakeholders, including personnel from other federal agencies, to seek input on policy issues. The development of policy is also driven by the kinds of issues reflected in our charge inventory and litigation docket, and by input from investigators and attorneys in the field. The Commission will continue these practices. In addition, any interested person may petition the Commission in writing, for the issuance, amendment, or repeal of a rule or regulation. 29 C.F.R. § 1601.35. The Commission always welcomes input from stakeholders on how it may better serve the public and the public interest.

The Task Force's recommendations are as follows:

• The Task Force recommends that the Commission place greater emphasis on the development of procedural and substantive policy guidance. Moreover, the development and issuance of this guidance should continue to take into serious consideration the agency's NEP/LEP priorities, assessment of input from district office outreach meetings and discussions, and TAPS program feedback.
• The Task Force encourages a comprehensive and speedy review of Volume II of the Compliance Manual. Moreover, the Task Force recommends that the review and issuance of updated sections of Volume II continue to be done in conjunction with input from external stakeholders and in close coordination with headquarters' policy, program, and field office staffs.

B. Operational Considerations

1. Introduction

This sub-section of the Best Practices Task Force Report assesses what the Commission can do operationally to facilitate the development and implementation of best equal employment opportunity policies, programs, and practices. One of the key factors in implementing best practices is for those affected by the laws EEOC enforces to be well-informed on what each of the statutes requires. Moreover, we have suggested that best practices are not those which minimally comply with the law. Instead, the focus of the Task Force has been to look at best equal employment opportunity practices which are of noteworthy compliance.

This part of the Task Force report begins with a brief history of the Commission's education, technical assistance, and outreach programs designed to inform stakeholders about the statutes the Commission enforces, as well as the Commission's procedural and substantive guidelines. The Task Force thought this would be helpful and illustrative of the Commission's longstanding commitment to education, technical assistance, and outreach programs. Secondly, the report addresses the Commission's commitment to programs. Third, the report sets forth comments received from the Commission's stakeholders, external and internal. Finally, the report discusses the Commission's education, technical assistance, and outreach programs in terms of recommendations of strategy and best practices.

2. Historical Overview of EEOC Education, Technical Assistance, and Outreach Programs

The Commission has a long history of providing education, technical assistance and outreach to those who are affected by the statutes EEOC enforces. The extent to which these programs have been operational has varied, depending upon budgetary constraints and agency priorities, as dictated by existing workloads.

a. Legislative Background

In the legislative debates connected with the passage of Title VII, Congress acknowledged that an effective anti-discrimination effort would require proactive educational, promotional, and technical activities to weed out deeply rooted habits, attitudes, and beliefs. Accordingly, as a preventive law enforcement measure, the Commission was authorized, under section 705(g)(3) of Title VII, to furnish technical assistance to persons subject to the Act in furthering compliance with statutory mandates.

b. White House Conference on Equal Employment Opportunity

An important early effort to inform the public about the Commission and its work was the August 1965 White House Conference. Six hundred representatives of business, labor, government, and various minority and civil rights groups met in small group workshops and panel discussions with Commissioners and agency staff on their rights and obligations under Title VII and how best to address them. The Conference provided the agency with an opportunity to educate and establish a dialogue with external stakeholders, and helped shape ensuing Commission guidelines and EEO reporting requirements.

c. The Commission's Early Education and Technical Assistance Program History

From the beginning, there was intense debate on how best to implement programs to achieve the agency's mission -- whether law enforcement activity would be as effective as broader educational and technical assistance efforts, such as working with business and industry on voluntary compliance programs. The dilemma for the Commission was how to efficiently blend both approaches, while facing a heavy national caseload and limited resources. The Commission decided to pursue both strategies.

In 1966, the agency began a nationwide voluntary action program, operating through a variety of educational and technical assistance projects. These projects included external research studies, direct technical assistance to companies, and public hearings. Moreover, as an integral part of its education strategy, the Commission sought to publicize its Title VII mission to the greatest extent possible. Hundreds of organizations (chambers of commerce, human relations commissions, bar associations, personnel associations, councils of churches, labor unions, civil rights organizations, women's groups and employment agencies) were addressed. By the end of the first year, 578 speeches were given in forty-three states and the District of Columbia.

d. Office of Technical Assistance

In 1967 the Commission created the Office of Technical Assistance, consisting of two divisions: Education and Technical Assistance. The Education Division was responsible for the development of educational materials, as well as supporting public hearings. The Technical Assistance Division provided technical advice and assistance to employers and unions.

In a tandem with the creation of the Office of Technical Assistance, the Commission adopted a national voluntary compliance strategy that was designed to have the broadest impact in a given geographical area, achieved through a combination of public hearings and technical assistance. Hearings were designed to give the Commission and its mission broad public exposure while focusing public attention on particularly acute discriminatory employment patterns in targeted industries within defined geographical areas. The hearings were followed by technical assistance efforts specifically tailored for affected employers who requested such assistance.

Building on this program, the Commission also embarked on a "new plants" program in 1967. The "new plants" program was based on the philosophy that "prevention was better than the cure." The main objective was to establish fair employment practices with the opening of new plants or the expansion of one, when the initial hiring was done. In this way, the thinking was that patterns of potential exclusion would be denied the chance to set in. This was followed by the initiation of the "area impact" program where plant visits by EEOC staff were made in one concentrated geographical area within a limited time frame for the purpose of providing technical assistance and educational materials.

In the Spring of 1967, EEOC staff, working together with labor liaison specialists, expanded its technical assistance programs to cover unions. Through collaboration, "operation outreach" was created, a project in which government, labor and civil rights organizations pooled their efforts and resources to provide minority youth with the opportunity for apprenticeship training that would ideally lead to high paying craft jobs in the building and construction trades.

These initiatives became core approaches to the Commission's overall education and technical assistance programs. By the latter part of 1967, the Education Division was developing major programs with leading civic, religious, trade, and professional associations for the purpose of encouraging voluntary compliance.

By 1970, the Office of Technical Assistance grew to a twenty-one person office. That year, in partnership with the National Association of Manufacturers, the Commission sponsored a nationwide close circuit teleconference on equal employment issues, which was telecast in fourteen cities across the United States. This provided an opportunity for 2,800 business men and women to hear top government officials discuss the responsibilities and obligations of employers.

e. Research and Employment Data Analyses and Support

Supporting the technical assistance strategies was the research and analysis of private sector employment data collected by EEOC (EEO-1 Employer Information Reports). During its first seven years, the Commission became a clearinghouse for private sector employment pattern information, producing or contracting for dozens of individual studies, and publishing numerous articles or reports.

f. Office of Voluntary Programs

In 1972, pursuant to reorganization, the Office of Voluntary Programs was created to provide technical assistance and education. The office consisted of three divisions: the Technical Assistance Division provided technical aid and advice to employers and unions, while the Educational Programs Division retained responsibility for developing educational material, as well as supporting private sector symposia. There was also a Special Projects Division which was responsible for ad hoc and special technical assistance initiatives. The Special Projects Division administered initiatives such as the Title VII clinical law program, a program designed to educate practitioners who were new to the field of equal employment law. The Office used a consultative approach to technical assistance, where at a company's request, a full range of services was made available to a firm over a defined period of time. Under that program, on-site visits were made to the company by a group of technical assistance officers and/or regional office staffs and other EEOC specialists.

From 1973 through 1976, the Office of Voluntary Programs also negotiated three significant voluntary compliance agreements. The agreement with a utility company, signed in 1973, contained provisions for hiring and the validation of its selection tests. Similar agreements were signed with a major city government in the Northeast and a utility company located in the Southeast.

Toward the end of the 1970s, the Commission's primary emphasis was on the reduction of enormous charge backlogs. As a consequence, the Commission's technical assistance and education programs were de-emphasized, with resources essentially dedicated to law enforcement programs and activities.

g. A Renewed Emphasis on Education and Technical Assistance

In 1982, Chairman Clarence Thomas identified a continuing need for a vigorous voluntary assistance program to complement its enforcement efforts, and to attack discrimination in an affirmative and preventive manner. During its restructuring of the agency during this period, the Commission made a concerted effort toward the more effective accomplishment of EEOC's educational and technical assistance mandates. In addition to making these responsibilities clear in the restatement of the agency's mission in 1982, the Commission included specific language in the resolution approving agency reorganization which required renewed managerial attention to education and outreach activities.

h. The Voluntary Assistance Program

The Office of Special Projects was established in 1982 to conduct special analyses and provide management support to the field and headquarters offices, and to recommend operational changes and adjustments to increase the agency's effectiveness. The Office developed the Voluntary Assistance Program (VAP) which was designed to provide education and assistance to employers, unions and individuals. There were several phases to the VAP program. Phase one approved by the Commission on September 13, 1983, established EEOC-initiated symposia that provided instruction regarding rights and obligations under the laws EEOC enforces. This phase was fully implemented by the districts for two years (in fiscal years 1984 and 1985), with the goal of each district completing three or four seminars per year.

The Voluntary Assistance Program was specifically designed to assist both businesses and unions employing or representing fewer than 500 employees. Twenty-two pilot symposia were conducted by districts in FY 1984, with national participation of over 600 representatives from 525 companies and unions. The symposia were conducted by district staffs who gave general advice and information, answered questions about Commission procedures, and gave advice on interpretations of statutes, regulations, and Commission case decisions. In FY 1985, field offices conducted 110 symposia in which 5,936 representatives of 4,664 small companies, unions, and other organizations participated. Subsequently, field offices continued to conduct VAP seminars each year, reaching a peak of 142 seminars in FY 1987. Overall, from FY 1984 through FY 1992, 626 VAP seminars were conducted with 35,365 participants.

Another phase was designed to educate employers about our statutes through umbrella organizations, trade journals, and television and radio broadcasts. Many of the agency's district personnel made appearances and presentations on local radio and television. Moreover, EEOC sponsored a television satellite seminar which was conducted in September 1987. The seminar which contained instruction and vignettes on the various laws we enforce was broadcast to 55 sites throughout the country via public television. Commissioners' and headquarters' staffs conducted the televised instruction while field office personnel facilitated discussion at the various local sites. Over 4,500 industry and government representatives attended the event at a cost of $50.00 each.

i. Expanded Presence in the Field

Concurrently with the three-phase VAP program, in FY 1984, the Commission developed and initiated an Expanded Presence Program (EPP) to increase the accessibility of EEOC staff to underserved areas. Specific geographic areas were selected by each district and between April 1984 and September 1985, all districts were required to intermittently send small enforcement teams to various locations to provide information and instruction to the public. Public service announcements for all media outlets were developed and distributed by the Office of Public Affairs.

The EPP initiative had generated positive results as reported in the Office of Research's September 1985 evaluation report. The study revealed, in part, that outreach to underserved areas resulted in the public being better informed about their rights and responsibilities under our statutes. The initiative to provide better service to certain geographic locations included contacts with local groups, the handling of inquiries, and intake counseling. During FY 1985, EEOC received over 7,013 inquiries and 3,000 charges from 1,033 visits to expanded presence locations.

During FY 1985, the agency was able to expend a small part of its budget on outreach and education activities. However, with the passage of the Gramm-Rudman Act, EEOC was required to reevaluate its spending in this area early in FY 1986. Subsequently, the agency concluded that it could not fully renew its budget allotments for these programs. While these programs did continue in a limited fashion, as district directors "squeezed" some funding from local operational budgets, the requirement that outreach and education activities be completed was relaxed. As a consequence, the number of VAP seminars and EPP visits was reduced by almost 40%, and eventually ended as a specific agency project. By 1990, our technical assistance activities were largely confined to participation in workshops, seminars, and conferences as invited by sponsoring groups and organizations.

j. The Americans With Disabilities Act

President George Bush signed the Americans with Disabilities Act on July 26, 1990, and on July 26, 1992, the Commission began enforcing Title I of the ADA. In the two-year period leading up to the enforcement of the ADA, the Commission developed regulations and policy guidance, developed a Technical Assistance Manual, broad technical assistance programs, and training programs for EEOC staff, as well as plans for providing training to the disability community and employers. Examples of major activities which were carried out during this period included:

• Consulting with major national organizations and holding sixty-two public meetings around the country with more than 2,400 representatives from disability rights and employer organizations to obtain their input in developing ADA regulations;
• Establishing a national ADA Speakers Bureau which made more than 1,000 presentations to a range of employer and disability organizations from 1990-1992. Field office staff made more than 1,300 additional ADA presentations during these years; and,
• Developing and distributing a practical technical assistance manual explaining the application of legal requirements to specific employment practices.

These initial ADA programs were developed and conducted by the Office of Legal Counsel, in coordination with the Office of Communications and Legislative Affairs. The Office of Program Operations implemented many of these programs through its field office structure. Once the ADA program implementation goals were substantially achieved, ADA outreach functions were integrated into the Commission's ongoing policy, program, and public information office functions.

3. The Current Education, Technical Assistance, and Outreach Programs

The Commission's current education, technical assistance, and outreach programs integrate program activities in several key areas. First, the National Enforcement Plan (NEP) provides the Commission's guidance on the prevention of employment discrimination through outreach and education program initiatives. These initiatives are being implemented through field offices' Local Enforcement Plans (LEPs). Second, the Commission provides outreach, technical assistance, and education products and services through a fee-paid program under the Revolving Fund and also provides a broad range of free outreach products and services to the public without charge. See sub-section 4.a. for examples of free outreach products and services provided by the Commission. Third, the Commission participates in a variety of conferences, meetings, and seminars.

a. National and Local Enforcement Plans

First, technical assistance, education, and outreach programs are being implemented in each district office. This is essentially being coordinated by a program analyst in each district office. Moreover, outreach, especially to areas and populations identified as underserved, is an important component of each district office's LEP. The LEP is submitted by field offices each year and is directly tied to the Commission's NEP. The NEP sets forth the Commission's general principles and priorities underlying its enforcement efforts and commits itself to a strategic plan which is designed to eliminate discrimination in the workplace in three ways: prevention through education and outreach; the voluntary resolution of disputes; and, where voluntary resolution fails, strong and fair enforcement.

b. The Revolving Fund

The second part of the agency's education, technical assistance, and outreach program involves the holding of fee-paid technical assistance program seminars (TAPS) across the country. This authority was provided by Congress when it passed the EEOC Educational, Technical Assistance, and Training Revolving Fund Act of 1992 ("The Act"). The Act enables EEOC to explore and develop other alternatives in its technical assistance efforts. The technical assistance seminar approach, which is a refinement of the previously established VAP program, was begun in FY 1993, with each district office required to develop and present two seminars during the fiscal year. These seminars have proven to be successful. Attendance has been rising and feedback has generally been positive. In FY 1993, 3,938 representatives of public and private employers, attorneys, and human resource practitioners attended the seminars. In FY 1996, the Commission held forty-three TAPS programs attended by 6,089 individuals. In FY 1997, the Commission held sixty-five seminars, reaching an audience of 8,492 individuals. The Revolving Fund Division, under Field Coordination Programs within the Office of Field Programs, is currently in the process of redesigning its program evaluation methods and approach.

TAPS is now well-institutionalized as a revolving fund training activity. Each district office holds, at a minimum, two large scale training seminars annually for employers. In addition, in the latter part of FY 1997, field offices began to offer customized training for individual employers, at the employers' request, through the Revolving Fund, and it is anticipated that the number of these customized training sessions will substantially increase in FY 1998. Furthermore, new technical assistance guides will integrate a best practices approach, provide employers with practical problem solving information, and "tips" to prevent discrimination. The Revolving Fund staff recognizes that not all stakeholders can readily afford the registration fees for full scale seminars. Accordingly, district offices are continuing to explore alternative ways to effectively reach audiences, such as nonprofit organizations and small businesses, in low cost and more affordable formats. Indeed, district offices began to offer low cost half-day programs to small employers in FY 1996. A basic EEO guide is being developed for low cost seminars, which will focus on the needs of small employers and first-line supervisors.

The Revolving Fund program is now in a state of transition. An interoffice workgroup of headquarters and field managers and policy and program experts was convened in FY 1997, at the request of the Chairman, to produce a five-year strategic business plan to make the Fund into a fully self-sustaining program. The final plan, which will include broad-based marketing surveys and analyses, will be completed with the assistance of a contractor with marketing and financial and business planning expertise. However, the agency's business plan workgroup already has identified some new training services and products for development, and the Revolving Fund Division under Field Coordination Programs within the Office of Field Programs has begun the work to implement the suggestions. The Revolving Fund Division is also currently in the process of redesigning its program evaluation methods and approach.

For FY 1998, the Revolving Fund Division is designing and making available a variety of shorter and lower-cost training programs for underserved areas and small businesses. New training materials and civil rights handbooks are being designed to support these and other planned activities, including "train-the-trainer" programs. Moreover, new training materials will be developed in CD ROM and video format, some of which will be available for sale in 1998.

c. EEOC Participation in Conferences, Meetings, and Seminars

The third part of the program is the continuation of headquarters and field office participation in conferences, meetings, and seminars in which EEOC personnel conduct workshops and make presentations on various aspects of the Commission's statutory responsibilities. District offices describe their activities through regular reporting. In FY 1996, district offices made 1,364 presentations to a variety of organizations throughout the country, reaching a collective audience of 65,297 persons. During the first quarter of FY 1997, district offices made 538 presentations, reaching a total audience of 24,123 persons nationwide.

In February 1996, Chairman Casellas invited the Commissioners to work with him to share the national outreach, education, and technical assistance workload in a coordinated fashion. As part of the Commissioner-led outreach program, each Commissioner was asked to especially focus on underserved communities across the nation to ensure that such local input would be integrated into the Commission's policy development process. Commissioners were encouraged to meet with and obtain input from a wide variety of stakeholders, such as civil rights and employer groups and legal associations. This was to be done through small group meetings, panel and roundtable discussions, and/or TAPS presentations across the country. The Office of Field Programs (OFP) provided logistical support and coordination with field offices. Field offices provided planning and operational support for Commissioners while they were on-site. Feedback from stakeholders across the country has indicated that this coordinated effort has proven to be very successful. Moreover, this effort has ensured that geographical areas which may have had less coverage or EEOC presence in the past were visited. In support of this effort, the Office of Communications and Legislative Affairs (OCLA) provides media and outreach expertise.

4. The Agency's Commitment to Education, Technical Assistance, and Outreach Programs Through the Year 2000

a. The Agency's Strategic Plan

In its five-year strategic plan, the Commission is committed to a comprehensive and coordinated outreach program that provides both basic and specialized education, technical assistance, and training activities to all persons with rights and responsibilities under the laws enforced by the agency. An effective outreach program is a major component of the Commission's law enforcement program. Through outreach, the Commission promotes equal employment opportunity through voluntary compliance and the prevention of employment discrimination. Outreach activities also fulfill statutory mandates directing the Commission to provide a broad range of free outreach products and services to the public. Accordingly, the agency, as it has done in the past, will continue to:

• provide stakeholders with general and basic information, and education and technical assistance, particularly explaining basic rights and responsibilities of those covered by the laws enforced by EEOC;
• supply speakers or resource persons to speak at meetings, including those of business or civic groups;
• provide speakers to professional and trade association membership meetings;
• participate in civic or public activities where Commission presence is needed;
• speak to student groups; and,
• participate in special events such as Black History Month, and Hispanic and Asian Pacific American Heritage Month activities sponsored by civic groups or government agencies.

b. The Fund or Fee-Paid Program and Strategy

In the Commission's responsibility to provide fee-paid education, technical assistance, and training, the Revolving Fund authorizes the Commission to charge reasonable fees to offset costs for the development of technical information, and the delivery of educational and training programs. The Fund enables the Commission to deliver programs of greater depth and quantity than would be possible with its limited appropriated funds.

The Fund was established to augment general information activities that must continue to be provided to the public on a no-fee basis. The self-supporting nature of the Revolving Fund gives the agency more flexibility in applying its limited funds to the delivery of free outreach activities. Outreach activities provided through the Revolving Fund must be delivered separately from the outreach activities offered at no cost. Whether fee-paid or offered at no cost, the purposes and goals of outreach activities share a common interest in terms of providing education and technical assistance to the public. Accordingly, it is necessary to have criteria against which the Commission can plan, evaluate, and classify outreach products and services to be provided on a fee basis and those to be provided without cost.

c. Agency Reorganization

Under the agency's May 1997 reorganization plan, a Revolving Fund Division, under Field Coordination Programs within OFP, was created. The Division is responsible for implementing the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. Its responsibilities include in part:

• monitoring and supporting the timely and successful completion of all projects, services, and materials supported by the Fund;
• preparing reports on the operations, planning, and administrative activities of the Fund; and
• establishing and maintaining a management information system for the review and administrative management of the Fund.

OFP also has primary responsibility for providing operational guidance and coordinated assistance to district offices as these offices implement the outreach programs described in their respective LEPs. Moreover, OFP has overall responsibility for the implementation of no-fee programs involving education and technical assistance. There is an outreach unit which coordinates no-fee outreach, education, and technical assistance programs nationwide.

In addition, a new Office of Research, Information and Planning was established as part of the agency's reorganization effort. The Program Research and Surveys Division in that office has as part of its responsibility:

• conducting research studies and analyses of the raw statistical data gathered by EEOC, relevant to the Commission's policy and program needs or emerging national issues;
• providing technical interpretation of survey data as it relates to specific Commission initiatives or proposed initiatives; and
• providing technical and general summaries of statistical trends and the meaning and probable impact of EEOC programs on these trends.

The Program Research and Surveys Division can prepare a variety of employment research studies and analyses. These studies and analyses may be prepared in coordination with and in direct support of the agency's outreach, education, and technical assistance initiatives.

5. Comments from the Commission's External and Internal Stakeholders

The focus of the analysis of this sub-section and the next sub-section is to identify and consider any changes, that may be needed in Commission operations, which would facilitate the development and implementation of best practices. In its survey of and discussions with field office staffs and a variety of external stakeholders, such as members of the plaintiff and defense bars, human resources and corporate legal professionals, and community based civil rights leaders and groups, the Task Force received the following input on what EEOC can do to further advance its education and technical assistance programs, including the Fund:

a. The Fund

• The Task Force should survey employers, through the Internet, to determine the level of interest in purchasing recorded TAPS programs (either on audiotape or videotape). To the degree that there is a demand for such products, the Commission should produce high quality programs for sale and consider having them reviewed and certified for CLE credit.
• The Commission should organize a TAPS program in Washington, DC, inviting chief executive officers and other top level corporate managers. At that seminar, EEOC staff should discuss contemporary legal issues, developments in the law, and compliance requirements. Moreover, staff from other civil rights regulatory agencies and departments, such as the Office of Federal Contract Compliance Programs (OFCCP) and Wage and Hour Division at the U.S. Department of Labor, the Civil Rights Division at the U.S. Department of Justice, and other federal agency representatives could also address EEO issues. In addition, representatives from organizations, such as the National Employment Lawyers Association, the Lawyers Committee, and labor and interest groups such as the National Association of Manufacturers could be invited to participate. Such a conference would give executives and external representatives a chance to provide input on what their organizations would like EEOC to do in order to achieve the goal of voluntary compliance with the nation's various civil rights laws.
• The Commission should consider conducting smaller scale TAPS programs, possibly in a roundtable format. EEOC could provide the moderator/presenter and propose an initial set of topics. Participants would be asked for their input on topics of primary interest and concern. The seminar would be aimed at small and medium sized firms and would be limited to a small group of attendees. To keep costs low, the seminar could be held in a public meeting place or a local business facility. The exchange would enable participants to share EEO experiences and best practices in an educational format.
• The Commission should organize and conduct TAPS programs and/or outreach activities that are tailored to employers who are supportive of dispute resolution alternatives, such as mediation.
• The Commission should conduct more TAPS programs in rural or "isolated" locations.

b. No-Fee Programs

To further promote and advance the no-fee educational, technical assistance, and outreach programs of the Commission, field office staffs and a variety of external stakeholders have recommended the following to the Best Practices Task Force:

• Educational and technical assistance publications should be prepared in foreign languages and formats accessible to people who are blind or visually impaired or who have other reading disabilities, and should be widely distributed to field offices.
• The Commission should establish a partnership with the Better Business Bureau to develop and implement education programs for its membership.
• To further extend EEOC's presence and further the Commission's educational impact, the Commission should consider holding public hearings and/or Commission meetings outside of Washington on contemporary and emergent EEO issues.
• Modified versions of materials EEOC develops for TAPS should be developed and placed on the web for access free of cost.
• The Task Force Report should be made available to the public through EEOC's web site to enhance its accessibility. The Task Force should survey the public to ascertain what additional materials should be provided by EEOC on the web site and/or other media.
• The EEOC should publicize on an annual basis a list of employers who over a period of time, e.g., two to five years, have achieved exemplary voluntary compliance by using some of the best practices described in the Task Force Report. The Commission should consider the adoption of an awards program for best practices.
• The EEOC should encourage open communications between itself and employers who want to change their current policies and practices, but who may need help from EEOC in establishing more appropriate new ones. Such technical assistance should be provided on-site, where possible, as part of a district's outreach program.
• The Commission should produce a wide variety of training materials for use by entities covered by laws EEOC administers. Basic and advanced versions of materials should be developed to address varying levels of need by small, medium, and large-sized employers.
• The Commission should issue more policy guidance, such as ADA-related interpretations of the law.
• OFCCP maintains Industry Liaison Groups in areas served by its offices throughout the country. Field offices meet with these companies on a periodic basis. Part of the meeting typically is devoted to providing the members with information on new developments in relevant law and regulations. Another part of the meeting may be taken up with the members discussing their own compliance practices and experiences. EEOC should consider setting up a similar liaison structure.
• EEOC should periodically publish a newsletter to send to a large number of employers, chambers of commerce, manufacturers, and other trade associations. Such a newsletter could include summary examples of violations found, settlement provisions, awards obtained from litigation, and policies approved for publication.

c. Comments About Agency Enforcement and Best Practices

In its survey of EEOC field offices, the Best Practices Task Force asked for examples of notable prescriptions in settlement agreements and/or consent decrees which could help employers develop and implement best practices and models. In response, a number of field offices provided examples of EEO issues and practices which were adjudged to have been effectively addressed through negotiated agreement. The following is a brief summary of a few of the practices and models which were submitted:

• In a steel plant, as an affirmative employment initiative, a three-year, $2 million, thirteen-week long, basic skills program involving 170 students, was voluntarily created in partnership with the local chapter of the Urban League. After completion of the program, trainees were to be placed in possible three-year, on-the-job programs with appropriate employers. Under the program, the Urban League is committed to making every effort to place the trainees with a company and/or place the trainees in an advanced educational program in metal-working or manufacturing.
• A utility company has adopted the practice of recruiting for management trainees and for professional and technical positions from historically black colleges, as well as other institutions of higher learning.
  • The employer invests heavily in training current employees for promotional opportunities. Its selection system encourages all interested employees to make known their interests in new and higher level jobs. Notices are posted and individual employees who show potential are directly encouraged to apply and receive training.
  • The employer has adopted the policy of making sure that its human resources staff is kept informed of new EEO laws and regulations and regularly inquires of the Commission's district office as to new procedures or regulations which might affect its personnel policies and practices.
• Several offices provided examples of effective training initiatives and programs:
  • A communications company provided its management team with training on the ADA, particularly on the duty to accommodate qualified individuals with disabilities;
  • A consulting firm arranged for an AIDS Task Force to provide training to its staff on the transmission of HIV/AIDS virus and on prohibited inquiries under the ADA;
  • A restaurant chain agreed to train its managers to increase their sensitivity to the disabilities of applicants and employees, and to inform them of the requirements of the law regarding the provision of reasonable accommodation, pre-employment inquiries, and the ADA's overall provisions;
  • A recreation association provides sexual harassment training for both its management and seasonal employees. The Commission has agreed to provide the training, with the association underwriting basic costs; and
  • A restaurant included a training program for its entire facility on the development of policy on sexual harassment. EEOC will also provide training for the restaurant consortium (to which the employer belongs) members to educate business owners as to their responsibilities under Title VII, and more specifically, the issue of sexual harassment.
• A food company developed and maintains nondiscriminatory hiring guidelines which enhance employment opportunities for all applicants, particularly women and African Americans.
• An employer has engaged in an active program to recruit women, and continues to financially support colleges and universities which focus on the education of women. The employer also discontinued its testing program for entry-level positions because it had adversely impacted on women.
• A utility company has instituted a program which rotates employees out of their assigned job classification for a period of time. This is designed to provide opportunities for women and minorities to get relevant work experience in non-traditional jobs, so that ultimately, they may qualify to bid on those particular jobs when openings occur.

d. Comments About General Operational Matters

There were a number of comments submitted by field offices and external stakeholders which were related to general operations:

• Information given by an employer, as a confidential communication, should not be used as a basis for the development of a charge;
• The Commission should have an independent board to facilitate, by mediation, negotiated settlements or determine whether violations had or had not occurred; and,
• The Commission should take advantage of the World Wide Web in disseminating EEOC information by creating and putting interactive software programs on-line.

6. Recommendations

The basic purpose of the Task Force's recommendations is to help employers as much as possible to facilitate the development and implementation of best equal employment opportunity practices. The Task Force emphasizes that its recommendations, regarding the inclusion of best practices, in the Commission's enforcement activities refer to best practices that are within the Commission's enforcement authority.

The comments from the external and internal stakeholders were found to be very helpful. Many have merit. However, in times when Commission resources are limited and demands placed upon those resources are heavy, decisions as to the allocation of those resources are difficult. Thus, suggestions with large costs must be viewed with considerable scrutiny. Under these circumstances, the suggestion for an extensive EEOC newsletter, for example, was not adopted. Moreover, many of the comments in the general operational category either do not appear to be relevant to the Task Force's considerations of best employer practices or have important implications beyond the scope of the Task Force. In that context, the Task Force did not make any recommendations concerning them. The Task Force also did not adopt the suggestion that a Commission Awards program be created for employers with exemplary voluntary compliance records because it believed that the issue was beyond the scope of this report. However, the Task Force has sought to comprehensively address the concerns of all stakeholders and recognizes the public's need for easier and expanded access to EEOC programs and information.

The focus of the Task Force's recommendations falls into four primary areas. First, the Task Force recommends that the Commission be more involved in providing stakeholders assistance in implementing best practices. This includes providing technical assistance on-site, where possible, collecting best practices information and models, establishing industry liaison groups, providing more materials, and providing easier and more frequent access to Commission programs. Second, the Task Force recommends that the Commission engage in various communications initiatives. This includes encouraging employers to give their evaluations of Commission activities in education, technical assistance, and outreach, so that the Commission can be even more responsive to employer needs. In addition, it includes making the Commission and program resources more accessible to stakeholders. Third, the Task Force recommends certain coordination initiatives in order to facilitate greater effectiveness and efficiency in the planning and delivery of the Commission's programs. Fourth, the Task Force has made recommendations concerning the use of its settlement agreements and/or consent decrees. The Task Force's recommendations are as follows:

a. Assistance in Implementing Best Practices

• The Task Force recommends that Commissioner-led outreach activities across the country should continue, with particular emphasis on geographical areas which historically have been underserved by EEOC. Where the benefits can sufficiently justify the costs, programs, topics and materials should be expanded.
• Technical assistance should be provided on-site, where possible, as part of a district office's outreach program.
• The Task Force recommends that the Office of Research, Information and Planning (ORIP), in coordination with the Office of Field Programs (OFP), should collect best practices information and models, such as that which are described in Section ll and sub-section B.5.c. above, on an ongoing or periodic basis and provide such information to OFP and field offices for TAPS presentations and other Commission programs.[27]
• In support of the field office's NEP/LEP outreach, education, and technical assistance efforts, ORIP, in conjunction with OFP and the Office of General Counsel (OGC), should provide research support and general industry or sector employment and best practices analyses.
• The Task Force recommends that, to the extent possible, the Commission establish industry liaison groups within each district jurisdiction, such as those created by the Office of Federal Contract Compliance Programs, U.S. Department of Labor, for the purpose of providing participants with information on new developments in relevant EEO law and regulations, and opportunities for members to discuss their own compliance practices and experiences.
• The Task Force recommends that district offices should include in their TAPS sessions some discussion of appropriate NEP/LEP issues and ways or best practices, such as those presented in Section ll and sub-section B.5.c. above, which companies may have used to prevent potential violations in these areas.
• Working closely with field offices, the Revolving Fund Division, OFP, should continue to explore alternative ways to effectively reach audiences, such as nonprofit organizations and small businesses, in low cost and more affordable venues and formats.
• To further extend EEOC's presence, as well as advance the Commission's educational impact, the Commission should consider, to the extent possible, holding public hearings on pressing and emergent EEO issues in different parts of the country and/or consider holding a few of its Commission meetings outside of Washington, DC.

b. Communications

• The EEOC should continue to encourage open communications with employers who want to change their current policies and practices, but who may need help from EEOC in establishing more appropriate new ones.
• The Office of Communications and Legislative Affairs, in coordination with OFP, OGC, and the Office of Legal Counsel, should continue to periodically publish educational and technical assistance materials in English and foreign languages, as well as in a format accessible to individuals who are blind or visually impaired or who have other reading disabilities, to help those who are affected by the laws we enforce to better understand their statutory rights and responsibilities. To the extent possible, published materials should continue to be placed on the EEOC web site for free public access.
• The Task Force recommends that OFP report annually to the Commission on the status and accomplishments of the Fund and other education, technical assistance, and outreach programs. The report should include an evaluation and presentation of best practices.
• The Revolving Fund Division should continue to reevaluate its TAPS program assessment methods, with an eye toward obtaining longer-term feedback from TAPS attendees and the development of qualitative, results-oriented indicia, such as systemic practices or policy changes. Attendees should be asked how and to what extent the program facilitated their compliance with the law and, if so, whether it facilitated best practices.

c. Coordination

• The Task Force encourages the Commission to continue to develop, in a coordinated fashion, the most effective and comprehensive outreach program that provides both basic and specialized education, technical assistance, and training activities to all persons with rights and responsibilities under the laws enforced by the agency.
• The Task Force recommends that, to the extent possible, additional resources be devoted for full program planning, implementation and oversight responsibilities for the agency's no-fee education, technical assistance, and outreach programs.

d. Settlement Agreements and/or Consent Decrees

• The Task Force recommends that OFP and OGC compile catalogues of best practice settlement agreements and/or consent decrees in two categories: (l) where the documents are matters of public record; and, (2) where the documents are confidential.
• The Task Force recommends that where the documents are matters of public record, the Commission should make the catalogue available to the public.
• The Task Force recommends that where the documents are confidential, the catalogue should be distributed to all Commission field offices.

SECTION V INDEX OF COMPANIES

A. Index of Submitting Companies

The following companies or sources shared information about their "best" policies, programs, and practices with the Task Force. The list includes the person to contact for more information:

B. Other Participating Companies

ABM Industries, Inc. Allied Tube & Conduit American Express Amoco Arnelle, Hastie, McGee, and Willis Bechtel Cleveland Plain Dealer ConEd Darden Restaurants G.E. Power Systems General Motors Haight Consulting Kraft Foods, Inc. Lockheed-Martin Missiles and Space Macy's West Northern Trust Company Pacific Gas and Electric Quaker Oats Company Ross Department Stores United Airlines West Point Market

FACTS ABOUT RACE/COLOR DISCRIMINATION

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color.

It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.

Equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race; membership in or association with ethnic-based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups.

Race-Related Characteristics and Conditions

Discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features violates Title VII, even though not all members of the race share the same characteristic.

Title VII also prohibits discrimination on the basis of a condition which predominantly affects one race unless the practice is job related and consistent with business necessity. For example, since sickle cell anemia predominantly occurs in African Americans, a policy which excludes individuals with sickle cell anemia must be job related and consistent with business necessity. Similarly, a "no-beard" employment policy may discriminate against African American men who have a predisposition to pseudo folliculitis barbae (severe shaving bumps) unless the policy is job related and consistent with business necessity.

Harassment

Harassment on the basis of race and/or color violates Title VII. Ethnic slurs, racial "jokes," offensive or derogatory comments, or other verbal or physical conduct based on an individual's race/color constitutes unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work performance.

Segregation and Classification of Employees

Title VII is violated where minority employees are segregated by physically isolating them from other employees or from customer contact. Title VII also prohibits assigning primarily minorities to predominantly minority establishments or geographic areas. It is also illegal to exclude minorities from certain positions or to group or categorize employees or jobs so that certain jobs are generally held by minorities. Coding applications/resumes to designate an applicant's race, by either an employer or employment agency, constitutes evidence of discrimination where minorities are excluded from employment or from certain positions.

Pre-Employment Inquiries

Requesting pre-employment information which discloses or tends to disclose an applicant's race suggests that race will be unlawfully used as a basis for hiring. Solicitation of such pre-employment information is presumed to be used as a basis for making selection decisions. Therefore, if members of minority groups are excluded from employment, the request for such pre-employment information constitutes evidence of discrimination.

However, employers may legitimately need information about their employees' or applicants' race for affirmative action purposes and/or to track applicant flow. One way to obtain racial information and simultaneously guard against discriminatory selection is for employers to use "tear-off sheets" for the identification of an applicant's race. After the applicant completes the application and the tear-off portion, the employer separates the tear-off sheet from the application and does not use it in the selection process.

FACTS ABOUT NATIONAL ORIGIN DISCRIMINATION

Title VII of the Civil Rights Act of 1964 protects individuals against employment on the basis of national origin.

It is unlawful to discriminate against any employee or applicant because of the individual's national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group.

Speak-English-Only Rule

A rule requiring employees to speak only English at all times on the job may violate Title VII, unless an employer shows it is necessary for conducting business. If an employer believes the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule.

An employer must show a legitimate nondiscriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Investigations will focus on the qualifications of the person and whether his or her accent or manner of speaking had a detrimental effect on job performance. Requiring employees or applicants to be fluent in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to job performance.

Harassment

Harassment on the basis of national origin is a violation of Title VII. An ethnic slur or other verbal or physical conduct because of an individual's nationality constitute harassment if they create an intimidating, hostile or offensive working environment, unreasonably interfere with work performance or negatively affect an individual's employment opportunities. Employers have a responsibility to maintain a workplace free of national origin harassment. Employers may be responsible for any on-the-job harassment by their agents and supervisory employees, regardless of whether the acts were authorized or specifically forbidden by the employer. Under certain circumstances, an employer may be responsible for the acts of non-employees who harass their employees at work.

Immigration-Related Practices which may be Discriminatory

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to prove all employees hired after November 6, 1986, are legally authorized to work in the United States. IRCA also prohibits discrimination based on national origin or citizenship. An employer who singles out individuals of a particular national origin or individuals who appear to be foreign to provide employment verification may have violated both IRCA and Title VII. Employers who impose citizenship requirements to give preference to U.S. citizens in hiring or employment opportunities may have violated IRCA, unless these are legal or contractual requirements for particular jobs. Employers also may have violated Title VII if a requirement or preference has the purpose or effect of discriminating against individuals of a particular national origin.

FACTS ABOUT RELIGIOUS DISCRIMINATION

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 C.F.R. Part 1605). Flexible scheduling, voluntary substitutions or swaps, job reassignments, and lateral transfers are examples of accommodating an employee's religious beliefs.

Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, maintain a restrictive dress code, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship.

An employer can claim undue hardship when accommodating an employee's religious practices if allowing such practices requires more than ordinary administrative costs. Undue hardship also may be shown if changing a bona fide seniority system to accommodate one employee's religious practices denies another employee the job or shift preference guaranteed by the seniority system.

An employee whose religious practices prohibit payment of union dues to a labor organization cannot be required to pay the dues, but may pay an equal sum to a charitable organization.

Mandatory "new age" training programs, designed to improve employee motivation, cooperation or productivity through meditation, yoga, biofeedback or other practices, may conflict with the non-discriminatory provisions of Title VII. Employers must accommodate any employee who gives notice that these programs are inconsistent with the employee's religious beliefs, whether or not the employer believes there is a religious basis for the employee's objection.

WAGE DISCRIMINATION UNDER THE EQUAL PAY ACT AND TITLE VII

A. Equal Pay Act

The Equal Pay Act requires that men and women be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. Specifically, the EPA provides:

Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility and that are performed under similar working conditions within the same establishment. Each of these factors is summarized below:

Skill--The key issue is what skills are required for the job, not what skills the individual employees may have. For example, two bookkeeping jobs could be considered equal under the EPA even if one of the job holders has a master's degree in physics, since that degree would not be required for the job.

Effort--For example, suppose that men and women work side by side on a line assembling machine parts. The man at the end of the line must also lift the assembled product as he completes his part, and place it on a board. That man's job would not be considered to involve equal effort as the other assembly line jobs if the extra effort of lifting the assembled product off the line is substantial and is a regular part of the job.

Responsibility--For example, a salesperson who is delegated the duty of determining whether to accept customers' personal checks has more responsibility than other salespeople. On the other hand, a minor difference in responsibility, such as assignment of the task of locking up at the end of the day, would not justify a pay differential.

In correcting a wage differential, no employee's wage rate may be reduced.

Wage differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex.

B. Wage Discrimination under Title VII

Title VII prohibits wage discrimination on the basis of race, color, religion, sex, or national origin. The basic theories of disparate treatment and adverse impact apply to wage discrimination claims under Title VII.

EPA-type complaints can always also be brought under Title VII. However, Title VII's prohibition against wage discrimination is broader. For example, a county had conducted a survey of outside markets and the worth of jail guard jobs, and then raised the salaries of its male guards who worked in the male section of the jail, but failed to raise the salaries of the female guards in the female section of the jail. An Equal Pay Act claim failed because it was determined that the male and female guard jobs were not substantially equal. Nevertheless, the female guards were able to prove a violation of Title VII by establishing that their wages were depressed due to sex discrimination. County of Washington v. Gunther, 452 U.S. 161 (1981).

FACTS ABOUT PREGNANCY DISCRIMINATION

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Hiring

An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Pregnancy and Maternity Leave

An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other employees who are temporarily disabled; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay. Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Health Insurance

Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

If a health insurance plan excludes benefit payments for pre-existing conditions when the insured's coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits

Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions.

If an employer provided any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions.

Employees with pregnancy related disabilities must be treated the same as other employees with temporary disabilities, for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

FACTS ABOUT SEXUAL HARASSMENT

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT

Title I of the Americans with Disabilities Act of 1990, which became effective July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

A qualified individual with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities;
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Medical Examinations and Inquiries

Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination or inquiry, but only if the examination or inquiry is required for all entering employees in the job. Medical examinations or inquiries of employees must be job related and consistent with the employer's business needs.

Drug and Alcohol Abuse

Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

EEOC Enforcement of the ADA

The U.S. Equal Employment Opportunity Commission issued regulations to enforce the provisions of Title I of the ADA on July 26, 1991. The regulations took effect on July 26, 1992, and will cover employers with twenty-five or more employees. On July 26, 1994, employers with fifteen or more employees were covered.

FACTS ABOUT AGE DISCRIMINATION

The Age Discrimination in Employment Act (ADEA) protects individuals who are forty years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with twenty or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Apprenticeship Programs

It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.

Job Notices and Advertisements

The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the essence of the business.

Pre-Employment Inquiries

The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

Benefits

The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Waivers of ADEA Rights

At an employer's request, an individual may agree to waive his/her rights or claims under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver: (1) must be in writing and be understandable; (2) must specifically refer to ADEA rights or claims; (3) may not waive rights or claims that may arise in the future; (4) must be in exchange for valuable consideration; (5) must advise the individual in writing to consult an attorney before signing the waiver; and (6) must provide the individual with at least twenty-one days to consider the agreement and at least seven days to revoke the agreement after signing it. In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

APPENDIX B

GLASS CEILING REPORT ON STEREOTYPES

The Glass Ceiling Report[28] exhaustively studied the problem of stereotyping.[29] The report noted that some stereotypes have resulted from wide publicity given in the media to the actions of a few individuals from a group. Id. at 27. Thus, negative stereotypes may result from the media coverage of the exploits of a few African American, Asian, or Latino gang members or drug users. Id. Similarly, many Americans see or read in the media about individual American Indians who have suffered sustained poverty, lack of adequate education, lack of jobs, attacks on their culture, and lack of hope, and thus American Indians, as a group, may be perceived as dysfunctional. Id. at 93-94.

Other stereotypes reflect the image the entertainment industry has given to particular groups of people. Thus, African Americans may be perceived as faithful servants, American Indians as savages or bad, Asians as treacherous and mysterious, and Latinos as spitfires of the silver screen. Id. at 27, 94. On the other hand, if the only Hispanics or Asian and Pacific Islander individuals one ever meets are waiters and parking lot attendants, the tendency is to believe that they are all like that.[30] Id. at 27.

The Glass Ceiling Report also indicated that African American men are stereotypically perceived as "lazy/ undisciplined/ always late/ fail to pay their taxes/ unqualified but protected by affirmative action/ violent/ confrontational/ emotional/ hostile/ aggressive/ unpredictable/ unable to handle stressful situations/threatening/ demanding/ militant/ loud/ and less intelligent than other racial or ethnic groups." (Italics and slashes in original). Id. at 71. The report further indicated that African American women are stereotypically perceived as "incompetent/ educationally deficient/ aggressive/ militant/ hostile/ lazy/ sly/ and untrustworthy." (Italics and slashes in

original). Id.

The stereotypes of American Indians that emerged from the Glass Ceiling Commission research were also negative (e.g., "not qualified", "irresponsible drivers/ drunken/ and lazy members of the welfare ranks"). (Italics and slashes in original). Id. at 85-86, 88, 93. A paper commissioned by the Glass Ceiling Commission (Keith James, Chris Lovato, Willie Wolf, and Steve Byers entitled, "Barriers to Workplace Advancement Experienced by Native Americans") indicated that studies of non-Indian views of American Indians found that "Indians" were considered to be "most deficient in the appearance and assertiveness deemed necessary for management." (Italics in original). Glass Ceiling Report at 93. American Indian men were considered "more physical than mental - given to risky behavior that is not consistent with the presence and control needed for managerial positions." (Italics in original). Id.

According to the Glass Ceiling Report, Asian and Pacific Islander Americans and immigrants are perceived as "intelligent/ hard-working/ highly educated/ occupational successful/ patient/ polite/ non-confrontational/ non-violent/ law-abiding/ politically passive/ culturally resourceful/ detail-oriented/ and good at science, engineering, and technology." (Italics and slashes in original). Id. at 104. These generalized perceptions have helped them in at least gaining initial employment. Id. However, to the extent they are perceived as "passive/ unassertive/ indirect/ more equipped for technical than people-oriented work" they are not considered to be leadership material. (Italics and slashes in original). Id. Asian and Pacific Islander women are perceived as "content with the status quo/ inflexible/ lacking interpersonal skills and political savvy." (Italics and slashes in original). Id. at 105. They are often also confronted with the dual stereotypes of "the obedient and motherly figure or the exotic and fragile 'China Doll.'" (Italics in original). Id.

A compilation of the Hispanic stereotypes reported in the research papers contracted by the Glass Ceiling Commission (Mauricio Gaston Institute and Hispanic Policy Development Project) reveals that Hispanics in general are lumped together and widely perceived as being "poor/ uneducated/ and recently arrived in the United States." (Italics and slashes in original). Glass Ceiling Report at 123. During a 1994 focus group held at the Aspen Institute that included Hispanics and high-level Anglo corporate managers, the Anglo managers said that they often heard that many Hispanic males were "chauvinist/ domineering/ arrogant/ prone to violence/ unwilling to learn English/ not patriotic toward the U.S./ and heavy drinkers and drug users who don't want to work." (Italics and slashes in original). Id. at 123-24. The Hispanic Policy Development Project research reveals that an exception is often made for Cubans who are perceived positively as "brave exiles from communism." (Italics in original). Id. at 124. Otherwise, Cubans are frequently perceived negatively as an overly aggressive group that has "taken over Miami." Id. The same Glass Ceiling Commission sources cited above show that Hispanic women, Latinas, are frequently seen as "strong and stoic/ self-sacrificing/ tied to family and community/ under the domination of husbands

and fathers/ passive/ overly emotional and educationally deficient." (Italics and slashes in original). Id.

The Glass Ceiling Commission research showed that stereotypes that were applied across the board to women of all races and ethnicities included: "not wanting to work/ not being as committed as men to their careers/ not being tough enough/ being unwilling or unable to work long or unusual hours/ being unwilling or unable to relocate/ unwilling or unable to make decisions/ too emotional/ not sufficiently aggressive/ too aggressive/ too passive/ and lacking quantitative skills." (Italics and slashes in original). Id. at 148. The Glass Ceiling Commission added that not all stereotypes were negative. Women were also perceived by male managers as "good with people/ warm and nurturing/ creative/ hard-working/ loyal/ and good team players." (Italics and slashes in original). Id.

APPENDIX C

[31]

HIRING

In any hiring program, employers should review advertisements, job notices, and job announcements carefully to ensure accuracy. All language, or implications of sex, age, disability, etc. of the applicant should be eliminated. The advertisements, job notices, and job announcements should cover a representative recruitment area. Avoid using only word of mouth and employee referrals only. Indicate that you are an equal employment opportunity employer.

With respect to job descriptions, they should be written. Ensure that the descriptions are accurate. Describe the functions that are essential. Job announcements and job descriptions should not be at variance. Job descriptions and job duties performed should not be at variance.

With respect to employment applications, inquiries should be job related. Questions that limit any protected class of employees should be avoided. Employment application forms should be carefully reviewed for compliance with federal and state laws. For example, make sure the application strictly adheres to the ADA, which limits pre-employment medical inquiries, disability related questions, and inquiries about prior workers' compensation claims. Avoid requiring a photo with the application. Carefully evaluate the information in the application for prior employment and gaps. In addition, carefully evaluate risks to other employees and the risk of negligent hiring. If applications are continuously accepted, clearly indicate the length of time that an application will be actively considered. Have a consistent policy and procedure for handling applications.

If you use employment agencies and job referral services, ensure that they are an equal employment opportunity employer and reflect that you are too. Avoid inappropriate requests for referrals.

With respect to job interviews, structure the interview process to eliminate subjectivity. Standardize interview questions as much as possible, and the information to be given to each applicant, including information on the interviewer's authority to hire. Training of interviewers would be helpful. Avoid inappropriate comments during the interview relating to age, sex, marriage, religion, race, disability, etc. Topics that can raise inappropriate comments include family planning, family history, native language, birthplace, child care, disability, religious practices, and the nature of military discharge.

PROMOTION AND ADVANCEMENT

Clearly describe and communicate to employees the criteria for promotions.

The promotion process should be understood by employees. The procedures for promotion and the application process should be clearly communicated. Vacancy announcements should be used. The decision makers should be identified.

Promotion interviews/decisions should be objective and consistent. Unsuccessful candidates should be notified. Be concise and accurate in reasons given for non-selection/failure to promote. All persons involved in the promotion decision should understand the reasons.

Keep accurate records of persons considered, the persons recommended, the person selected, and the reasons for selection. You may also wish to keep your interview notes.

TERMINATIONS AND DOWNSIZING

Conduct and performance which will subject an employee to termination should be clearly communicated. The termination process should be understood by managers and supervisors and consistently applied. The reasons for termination should be accurate and should be supported by documents and records. Management should carefully review its termination decision and records of similarly situated employees to assure no disparate treatment.

Circumstances which may make termination problematic include the termination of a long-term employee with a recent or history of outstanding past appraisals. In addition, problems may arise where there is little or no documentation of employee problems, inconsistent treatment, or the failure to follow employer procedures. Finally, a termination may be problematic where the employee recently returned from pregnancy leave, a work-related injury, or had recently filed a charge against the employer.

With respect to layoffs involving reorganizations, downsizing, and plant closings, the documentation of criteria for selection of employees for layoff should be clear and communicated to the employees. The criteria should be consistently followed. Inconsistent treatment is suspect. If some employees are transferred instead of laid off, the criteria for transfer must be consistent. Where performance is the criterion for layoff, sudden changes in performance ratings just prior to layoffs make the layoffs suspect. Other suspect circumstances include where employees selected for layoff are disproportionate with respect to a protected group or when the functions and duties of a unit heavily staffed by a protected group are transferred to an unprotected group.

In giving early retirement incentives, assure the same benefits for all eligible employees above the specified age are granted. Also ensure that employees at or above the normal retirement age are given the same incentive.

In obtaining waivers and releases, they must be knowing and voluntary. A charging party's right to file a charge in the future cannot be waived. ADEA waivers must meet minimum standards for "knowing and voluntary." The waiver must be part of a written understandable agreement, must refer to rights or claims under the ADEA, and may not waive claims arising after the date of the waiver. Consideration for the waiver must not be consideration that the party is already entitled to. The individual should be advised in writing to consult an attorney before executing the agreement. The individual must be given twenty-one days to consider the agreement. If the waiver is part of an exit incentive program, or employment termination program offered to a group of employees, the employees must be given forty-five days to consider the agreement. The employees should be informed of the eligibility criteria, time limits, job titles and ages of employees covered or selected by the program, as well as those individuals not eligible or selected for the program. The employee should be given seven days after signing to revoke. Make the waiver effective after expiration of the seven days.

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[1]

This discussion is taken from Technical Assistance Program, U.S. Equal Employment Opportunity Commission, Employer EEO Responsibilities, A-1 to A-5 (1997).

[2] A more detailed, although still largely summary discussion of the legal protections afforded persons in the area of equal employment opportunity, pursuant to Title VII, the ADEA, the ADA, and the EPA may be found in Appendix A. These are essentially Commission Fact Sheets on the cited areas, with the exception of the wage discrimination issue, which has its genesis from the Commission's Technical Assistance Program book, Sex Discrimination Issues, K-1 to K-3 (1997).

[3] We thus recognize that a "like me" bias does not necessarily conflict with equal employment opportunity. We are only interested if there is conduct relating to a protected basis. For example, we doubt an employer of integrity, seeking employees of integrity, could reasonably be faulted, or that anyone could reasonably find fault with a hard-working employer seeking employees with a conscientious work ethic.

[4] The Fact-Finding Report of the Federal Glass Ceiling Commission, Good for Business : Making Full Use of the Nation's Human Capital (1995) (Glass Ceiling Report), exhaustively studied the problem of stereotyping. A summary of that discussion is found at Appendix B.

[5] The Task Force also would caution that care must be taken in the use of such amalgamated lists of stereotypes, lest their use reinforce the negative beliefs and perceptions that one is trying to reduce or eliminate. This is particularly important where few or no positive stereotypes are shown for any particular group.

[6] See Glass Ceiling Report at 28-29.

[7] Id. at 31-32.

[8] See generally Office of Communications and Legislative Affairs, U.S. Equal Employment Opportunity Commission, The EEOC and Affirmative Action (1996).

[9] The Commission's Guidelines on Affirmative Action, 29 C.F.R. Part 1608, articulate: (1) that an employer will first identify a manifest imbalance in its workforce before voluntarily undertaking affirmative action; (2) that the goals and timetables adopted by the employer must be flexible and temporary; and (3) that the employer must ensure that the rights of non-targeted groups are not unnecessarily burdened by the voluntary affirmative action plan.

[10] Other submissions used the term "minority." Since Pacific Telesis uses the term "people of color," we have used that term here.

[11] INROADS college internships combine up to four summers of work experience at a local client corporation with year-end academic instruction, training and guidance from INROADS counselors. Sponsor organizations make a three-part commitment and provide career-related summer work experience for interns, staff involvement as mentors, supervisory liaison with INROADS, and financial support. The company pays fees to INROADS and the intern's summer salary.

[12] Indeed, the Glass Ceiling Commission recommended that organizations initiate work-life and family-friendly policies that recognize and accommodate the balance between work and family responsibility that impacts the career paths of all employees. Glass Ceiling Commission, Recommendations of the Federal Glass Ceiling Commission, A Solid Investment: Making Full Use of the Nation's Human Capitol 26 (1995). The Glass Ceiling Commission found that work-life and family policies are an important step for an organization's commitment to hiring, retaining, and promoting both men and women.

[13] Owens-Corning submitted a host of materials on its disability programs. The Task Force's narrative is taken from an article "Owens-Corning Fiberglass Corporation: An Employee Based Disability Management Program" by Amy M. Ahrens and Donna Cummings published in 11 NARPPS Journal 41 (Spring 1996).

[14] All medical-related information must be treated as confidential and must be maintained in a separate file from an employee's personnel file.

[15] The case manager's involvement with the delivery of medication must be with the voluntary consent of the employee, or consistent with business necessity.

[16] All medical-related information must be kept confidential, with limited access by the employer's personnel. Thus, for example, supervisors and managers may be informed about necessary restrictions on the work or duties of an employee and necessary accommodations. First aid and safety personnel may also be informed, when appropriate, if the disability might require emergency treatment or if any specific procedures are needed in the case of fire or other evacuations.

[17] The company's involvement with diagnosis of the employee's disability must be consistent with the ADA's reasonable accommodation and/or medical inquiry and confidentiality provisions.

[18] The company's involvement in the employee's treatment plan must be with the voluntary consent of the employee, consistent with business necessity, or in the context of rehabilitation of a worker's compensation injury.

[19] OSI defines competency as a personal characteristic, reflected in scored behaviors, that predicts job success.

[20] The Task Force does not believe the arbitration facet of TRW's ADR process warrants profiling as a best practice.

[21] The Marriott Foundation for People with Disabilities was established in 1989 by the family of J. Willard Marriott, founder of Marriott Corporation. Richard E. Marriott, chairman of Host Marriott Corporation, serves as chairman of the Foundation's board of trustees. The Foundation's mission is to foster the employment of young people with disabilities. To achieve this, the Foundation developed and operates as a transition program, "Bridges . . . from school to work," which places students with disabilities in their final year of high school in internships with local employers.

[22] TransCen receives 62% of its funds from grants and contracts and 35% from government grants. With respect to the government grants, the U.S. Department of Labor and the U.S. Department of Education, Office of Special Education and Rehabilitation Services are the primary donors. The remainder of TransCen's funds comes from other unspecified sources.

[23] The applicable procedural regulations of the Commission are found at 29 C.F.R. Parts 1601, 1621, and 1626.

[24] In Meritor Savings Bank v. Vinson, 457 U.S. 57 (1986), the Court stated that the Guidelines "'while not controlling upon the courts by reason of their authority, do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.'" Vinson , 457 U. S. at 65 (quoting General Electric Co., v. Gilbert, 429 U.S. 125, 141-42 (1976), quoting in turn Skidmore v. Swift & Co., 323 U. S. 134 (1944)). See also Sparks v. Pilot Freight Carriers, Inc., 830 F. 2d 1554 (11th Cir. 1987).

[25] Unlike Title VII, the Commission has substantive rulemaking authority under the ADEA, ADA, and EPA. Such rules have the full force and effect of law.

[26] In addition to the policy documents discussed above, the Commission also participates as amicus curiae in litigation filed in federal court which raises significant policy issues.

[27] The Task Force emphasizes that the inclusion of best practices in the Commission's TAPS programs refers to best practices that are within the parameters of the Commission's enforcement authority.

[28] Fact-Finding Report of the Federal Glass Ceiling Commission, Good for Business: Making Full Use of the Nation's Human Capital (1995).

[29] The Glass Ceiling Report gave many examples of stereotypes. It did not address all stereotypes of all groups. It also largely focused on negative stereotypes. The Task Force would caution that care must be taken in the use of such amalgamated lists of stereotypes, lest their use reinforce the negative beliefs and perceptions that one is trying to reduce or eliminate. This is particularly important where few or no positive stereotypes are shown for any particular group.

[30] The Task Force does not mean to suggest that there is something wrong with waiters and parking lot attendants. Nor does the Task Force believe that the Glass Ceiling Commission was making such a suggestion either.

[31]

This discussion was taken from materials prepared by Commission District Director Issie L. Jenkins in connection with a Commission Technical Assistance Seminar in September 1994 entitled "Eliminating Discrimination in the 90's."