Employment Law Labor Union Matters Cooperative Legal & Consulting Member Relations System & Territorial Issues Subsidiary Activities Legal Audits
Affirmative Action Programs Customized Board Governance Policies Customized Personnel Policies Human Resources Audits On-site Training Labor Contract Audits and Consulting
Lawyers for Cooperatives
 

Affirmative Action Programs

Smith & Christensen, PLLC, drafts OFCCP-compliant affirmative action programs (AAPs).  These programs meet all legal requirements, subject to the information provided by the cooperative.  Our AAPs have stood the test of full-blown audits in various regions throughout the United States.  We can also provide assistance through the audit process. 

Affirmative Action Programs need to satisfy OFCCP requirements but, inevitably, they are also litigation exhibits.  Therefore, Smith & Christensen, PLLC, treats them as such -- providing the care, accuracy and legal review necessary for such important records.

Unlike many providers, our team does not simply drop the Cooperative’s raw data into a software program and then generate a report without any review for accuracy.  Instead, drawing on decades of industry experience and service to Cooperatives throughout the nation, our paralegals carefully analyze your data to ensure that

  • job titles are placed in the most appropriate EEO-1 job groups;

  • all new hires, terminations, and promotions are properly accounted for; and

  • all feeder group data is as up-to-date and accurate as possible.

This experienced and consultative approach helps ensure the Cooperative’s AAPs are OFCCP-compliant and accurately reflect the Cooperative’s employment practices while also minimizing the risk of surprises and citations for technical violations during an OFCCP compliance review, or worse, problems with a litigation exhibit.

Finally, every AAP receives legal review before delivery to the client and we stand ready to consult on the latest legal and litigation developments in this field.

Frequently asked questions about AAPs: 

Who is required to have an Executive Order 11246 Affirmative Action Program (AAP) for minorities and women? 

The law requires that every non-construction (supply and service) contractor and subcontractor develop and maintain a written AAP for each of its establishments, if the contractor:

• has 50 or more employees, and 

• has a federal contract or subcontract for the purchase, sale or use of personal property or non-personal services totaling an amount of $50,000 or more.  

For affirmative action purposes, "non-personal services" is defined very broadly.  The definition includes, but is not limited to, utilities, construction, transportation, research, insurance, and funds depository.

In determining whether your Cooperative needs an AAP, also keep in mind that sale of power to or purchase of power from (either directly or as a first-tier subcontractor) federal agencies such as the Tennessee Valley Authority, Southeastern Power Administration, Southwestern Power Administration and Western Area Power Administration is considered a government contract for affirmative action purposes.

What are the core elements of an AAP for Minorities and Women?

The AAP must include the following quantitative analyses:

  • organizational profile;

  • job group analysis;

  • placement of incumbents in job groups;

  • determination of availability;

  • comparison of incumbency to availability (utilization analysis);

  • placement goals; and

  • impact ratio analyses for new hires, promotions, and terminations.

Section 503 AAP 

Under Section 503 of the Rehabilitation Act of 1973, as amended, business with a federal contract of more than $15,000* must not discriminate against qualified individuals with disabilities on the basis of the individual’s physical or mental disability in all employment practices and must take affirmation action to employ and advance in employment individuals with disabilities.  Companies with 50 or more employees and a federal contract of $50,000* or more must also develop written Section 503 AAPs and update them annually.

VEVRAA AAP 

Under the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended (VEVRAA), businesses with a federal contract of $150,000* or more must not discriminate against qualified individuals based on their status as a protected veteran in all employment practices and must take affirmative action to employ and advance in employment protected veterans.  Companies with 50 or more employees and a federal contract of $150,000 *or more must also develop written VEVRAA AAPs and update them annually. 

*The Federal Acquisition Regulation Council (FAR Council) periodically reviews these dollar threshold amounts and may adjust for inflation.

Who monitors compliance with affirmative action regulations?

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) monitors contractors' and subcontractors' compliance with the regulations through the use of compliance reviews.

 
 

Customized Board Governance Policies 

Smith and Christensen, PLLC, prepares customized policies for the internal governance of cooperatives’ Board of Directors. Since the firm regularly advises dozens of cooperatives on these types of issues, we can avoid "reinventing the wheel" as new issues arise. At the same time, however, the firm remains flexible in its approach to authoring policies. The final product will always reflect your Cooperative's legal obligations, while remaining sensitive to your Cooperative's individual preferences, customs, and concerns.

 
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Customized Personnel Policies and Handbooks 

The firm provides cost-effective customized personnel policy solutions for cooperatives throughout the United States by using our existing “model” policies as a starting point and incorporating provisions and practices specific to your Cooperative.

How will customized personnel policies help your Cooperative? 

Customized policies will integrate legal requirements and strategies into the specific circumstances of your Cooperative’s day-to-day operations.  First, Smith and Christensen, PLLC, will listen to your Cooperative’s managers and HR staff to identify the important policy issues.  From there, we will evaluate the range of options for modifying your existing policies to achieve your specific objectives.  The Cooperative’s final policies will provide a firm foundation for effective personnel practices and a strong defense to harassment, wrongful termination, and other employment claims.

Are your Cooperative’s personnel policies up to date with actual practice? 

Many cooperatives have personnel policies that were written as needs arose, but those policies have been neglected throughout the years.  This creates an obvious problem when written policies no longer track actual practices and procedures of the cooperative.

Do your Cooperative’s personnel policies comply with current statutory and case law? 

The list of state and federal employment statutes seems to be always expanding.  Unfortunately, many of these new laws create additional compliance burdens for employers.  Court rulings and agency decisions can also change the way laws are interpreted.  However, Smith and Christensen, PLLC, can help ensure that your Cooperative’s policies reflect current legal requirements.

What about handbooks? 

We can do that, too.  Using your policies as a base, we will prepare an effective employee handbook to guide the communication strategies for your Cooperative’s personnel policies.

 
 

Human Resource Audits 

Increasingly, management and directors take comfort in knowing that their Cooperative’s policies, procedures, and practices have been subject to careful scrutiny by legal professionals.  Smith and Christensen, PLLC, helps meet these demands for due diligence through customized HR audits designed to verify legal compliance, assess risks, and identify best practices.

Among other topics, your Cooperative’s audit can include an evaluation of any or all of the following: 

• Written personnel policies; 

• Handbooks; 

• Benefit policies and practices; 

• Anti-harassment policies and training; 

• FMLA and other leave of absence policies; 

• Drug testing issues; 

• Wage and hour issues; 

• Whistleblower issues; 

• Conflict resolution; 

• Commercial driver issues; 

• Job descriptions; 

• Employee evaluations; 

• Supervisor training; 

• Recruiting, selection and hiring; 

• Performance evaluations; 

• Disciplinary and termination policies; 

• Non-discrimination/EEO issues; 

• Diversity and affirmative action; 

• Employee testing; 

• Record retention; 

• Work culture and job satisfaction issues; and

• Organizational structure and development. 

We also help cooperatives make use of the findings.  For example, we can help revise policies, present reports to the Cooperative’s Board of Directors and guide you through a range of contentious workplace issues.

 
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On-Site Training

Supervisor Training 

Smith and Christensen, PLLC, frequently conducts on-site supervisor training.  These programs are tailored to suit the specific needs of the cooperative.  Our goal is to help ensure that your supervisors understand the Cooperative's personnel policies and procedure and that they know the importance of applying these policies and procedures in a non-discriminatory manner.  Some of the most frequently requested topics include:

• Sexual harassment; 

• Employee discipline; 

• Employee grievances; 

• Proper documentation; 

• Performance evaluations; 

• Hiring and termination practices; 

• Non-discrimination; 

• Reasonable accommodations; 

• Paid and unpaid leave; 

• Confidentiality/employee privacy rights; and

• Drug & alcohol testing. 

Employee Anti-Harassment Training 

An effective anti-harassment policy, combined with a thorough training program, can be the cooperative’s best defense against harassment lawsuits.  As a result, harassment is probably the most popular, and certainly one of the most important, training topics for employees at electric and telephone cooperatives.  Our firm can help your Cooperative refine its own anti-harassment policy.  Then, we will help you implement a training program to protect your employees and ultimately avoid legal exposure.

Human Resource Seminars 

Smith and Christensen, PLLC, also works with state-wide cooperative organizations and human resource groups to present seminars to human resource professionals.  Although these programs will frequently address some of the same topics listed above, these seminars are customized to meet the specific needs and requests of the target audiences. 

 
 

Labor Contract Audits and Consulting

Has your Cooperative's labor agreement evolved over the last several decades without critical input from experienced labor counsel?

The firm is available to review your contract to help you identify problem areas and develop solutions for frustrations in the labor-management relationship.  Although the firm has conducted bargaining for dozens of cooperatives throughout the country, we are also available as a behind-the-scenes consultant for those cooperatives that prefer to handle their own negotiations.

 
 
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