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Best Practices of Private Sector Employers The U.S. Equal Employment Opportunity Commission 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 1Commission Employees Who Assisted the Task Force 2 EXECUTIVE SUMMARY 3A. 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 15A. 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? 25A. 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 35A. 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 259A. "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 271A. 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 297A. Index of Submitting Companies 297 B. Other Participating Companies 303 APPENDICESAPPENDIX AFACTS 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 BGLASS CEILING REPORT ON STEREOTYPES 321 APPENDIX CHIRING 325 PROMOTION AND ADVANCEMENT 326 TERMINATIONS AND DOWNSIZING 326
MEMBERS OF THE TASK FORCECommissioner 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 ForceThe 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
EXECUTIVE SUMMARYA. Introduction and ProcedureCommissioner 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. LimitationsUnfortunately, 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 FindingsThe second section of the report identifies the policies, programs, and practices that the Task Force believes reasonably likely to assist the employer community and related employees and employee groups in facilitating their equal employment opportunity programs. As indicated, the Task Force divided its study of policies, programs, and practices into seven factor groupings:
The second section begins with those companies found to be comprehensively noteworthy, and then identifies noteworthy companies in each of the seven major groupings, including management commitment and accountability. Finally, the Task Force discusses noteworthy partnership arrangements, or any type of collaborative effort involving employers and another group, to achieve EEO worksite objectives. Ultimately, the most successful companies have figured out that it makes best economic sense to draw talent and ideas from all segments of the population. Inclusive hiring and promotion practices bring into the organization segments of the workforce that may well provide competitive advantage in the increasingly global economy. Systematic exclusion of these segments denies these resources to the organization and lessens the chances of eventual success. For these companies, pursuing diversity and equal employment opportunity is just as integral a business concept as increasing market share or maximizing profits. In this way, diversity and EEO become not just programs, nor even separate departments, but rather a way of life that is integral to all business activities of the company. 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" APPROACHSTUDY -- 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 ChangesThe 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 ConsiderationsA 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:
2. Operational ConsiderationsOne 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 ProgramsThis 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. RecommendationsIn 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:
* * * * * * * * * * * * * * * 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.
INTRODUCTIONCommissioner 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 ForceThe 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:
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:
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. MethodologyThe 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:
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
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. AcknowledgmentsA number of agencies, organizations, and institutions provided invaluable assistance to the Task Force by sharing their resource information about companies. These are listed below:
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:
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 --
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 Opportunitya. The "Like Me" SyndromeIt 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. StereotypesPeople 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. PrejudiceIt 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 PracticesFor 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. IgnoranceEmployers, 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 BarriersOf 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 BarriersThere 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
b. Barriers to Advancement and Promotion
c. Barriers in Terms and Conditions
d. Barriers in Termination and Downsizing
e. Barriers in Alternative Dispute Resolution
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" PRACTICESA. Limitations on the Task Force's ReviewThe 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 CompaniesAt 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.BackgroundThe 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 HiringBNA 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 AdvancementBNA'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 EmploymentBNA 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 DownsizingTo 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 ResolutionBNA 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 PracticesMany 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 AccountabilityBNA 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 INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)BackgroundThe 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 HiringOne 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 AdvancementOne 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 EmploymentIBM 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:
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:
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 ResolutionEmployees 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 PracticesIBM 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 AccountabilityIBM 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 InformationJ. T. (Ted) Childs, Jr.
PACIFIC TELESIS GROUPBackgroundThe 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 HiringPacific 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 AdvancementPacific 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 EmploymentPacific 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 PracticesPacific 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 AccountabilityThe 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 InformationRenea D. Lacy
PRICE WATERHOUSE LLPBackgroundPrice 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 HiringPrice 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 AdvancementMentoring 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 EmploymentPrice 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 PracticesPrice 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 AccountabilityPrice 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 InformationSharon J. Robinson
ROUSE COMPANYBackgroundThe 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 HiringRouse 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 AdvancementRouse 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 EmploymentRouse promotes a variety of programs to attract a diverse workforce, and to support the balancing of work, life, and family responsibilities:
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 PracticesTo 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 AccountabilityRouse 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 InformationWilliam D. Boden
WISCONSIN ELECTRIC POWER COMPANYBackgroundWisconsin 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 HiringWisconsin 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%. . Promotion and Career AdvancementAs 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 EmploymentWisconsin 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 DownsizingWisconsin 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 ResolutionTo 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 PracticesIn 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 InformationTracy Powe
C. "Best" Practices Presented by Companies in Recruitment and HiringIn 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. BackgroundArmstrong 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 InformationBing G. Spitler
GTE TELEPHONE OPERATIONSBackgroundGTE 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 HiringGTE 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 InformationRichard L. Schaulin MITRE CORPORATIONBackgroundThe 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 HiringMITRE 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 InformationLaura Carrier MOTOROLABackgroundMotorola 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 HiringInternal 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 InformationJohn Lyons
THE PRUDENTIAL INSURANCE COMPANY OF AMERICABackgroundPrudential 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 HiringOne 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 InformationLouise Sheppard
TURNER CONSTRUCTION COMPANYBackgroundThe 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 HiringTurner'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:
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 InformationHilton O. Smith
U.S. LONG DISTANCE WORLDWIDE COMMUNICATIONSBackgroundU.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 HiringUSLD 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 InformationJoe Puente
TABLE 1. "BEST" PRACTICES PRESENTED BY COMPANIES IN RECRUITMENT AND HIRING
D. "Best" Practices Presented by Companies in Promotion and Career AdvancementNoteworthy 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 COMMITTEESUBMITTAL #3BackgroundThis "best" practice was submitted anonymously through the Equal Employment Opportunity Committee of the American Bar Association. Promotion and Career AdvancementThe 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 InformationPatricia L. McNutt
DELOITTE AND TOUCHE LLPBackgroundDeloitte 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:
Person to Contact for More InformationKate Davie EASTMAN KODAK COMPANYBackgroundEastman 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 AdvancementKodak'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 InformationMarian L. Miller
FANNIE MAEBackgroundThe 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 AdvancementFannie 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 INTEL CORPORATIONBackgroundIntel 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 AdvancementIntel 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 InformationOgden Reid
NORTHERN STATES POWER COMPANYBackgroundNorthern 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 AdvancementRecognizing 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:
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 InformationLibbey Chiodo
UNITED TECHNOLOGIES CORPORATIONBackgroundUnited 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 AdvancementUTC'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
TABLE 2. "BEST" PRACTICES PRESENTED BY COMPANIES IN PROMOTION AND CAREER ADVANCEMENT
E. "Best" Practices Presented by Companies in Terms and Conditions of EmploymentThe 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.BackgroundAetna, 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 EmploymentAetna provides its employees considerable flexibility with regard to working hours:
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:
The company has work and family seminars during the work day on such family-related topics as:
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:
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:
Person to Contact for More InformationJoan Hedquist-Jones
BAUSCH AND LOMBBackgroundBausch 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 EmploymentB & L has implemented strategies and tactics which demonstrate its commitment to work-life issues. Those strategies and tactics are listed below:
Person to Contact for More InformationFiona Wong
FIRST TENNESSEE BANKBackgroundFirst 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 EmploymentFirst 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:
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:
Person to contact for more information:Patricia M. Brown
NORTHERN STATES POWER COMPANYBackgroundNorthern 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 InformationLibbey Chiodo OWENS-CORNING FIBERGLASS CORPORATIONBackgroundOwens-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 EmploymentThe 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:
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]
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
PPG INDUSTRIES, INC.BackgroundPPG 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 EmploymentPPG is proud of its Work & Family programs, which include:
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:
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 informationGeorge E. Krock TABLE 3. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMS AND CONDITIONS OF EMPLOYMENT
F. "Best" Practices Presented by Companies in Termination and DownsizingNoteworthy "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.BackgroundFounded 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 DownsizingIn 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 InformationSusan R. Treadway INTEL CORPORATIONBackgroundIntel 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 DownsizingIntel 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 InformationOgden Reid
OSRAM SYLVANIABackgroundOsram 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 DownsizingIn 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:
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 InformationJames R. Stokely
TABLE 4. "BEST" PRACTICES PRESENTED BY COMPANIES IN TERMINATION AND DOWNSIZING
G. "Best" Practices Presented by Companies in Alternative Dispute ResolutionAlternative 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.BackgroundBarnett 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 ResolutionUnder 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 InformationDonald Minor
B E and K, INC.BackgroundB 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 ResolutionB 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
TRWBackgroundTRW, 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 ResolutionTRW'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:
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 TABLE 5. "BEST" PRACTICES PRESENTED BY COMPANIES IN ALTERNATIVE DISPUTE RESOLUTION
H. Other "Best" Practices Presented by CompaniesThe 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 MAEBackgroundThe 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 PracticesIn 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
KPMG PEAT MARWICK LLPBackgroundKPMG 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
NORTHERN STATES POWER COMPANYBackgroundNorthern 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 PracticesNSP 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 InformationLibbey Chiodo
PPGBackgroundPPG 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 PracticesSince 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 informationGeorge E. Krock
TABLE 6. OTHER "BEST" POLICIES, PROGRAMS AND PRACTICES PRESENTED BY COMPANIES
I. "Best" Practices Presented by Companies in Management Commitment and AccountabilityThe 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 CORPORATIONBackgroundThe 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 AccountabilityDial'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 corr |