Position Announcement: VP Global Supply Chain

Vice President of Global Supply Chain

Our client is a 4 billion year International Drilling Tools & Services Supplier based in Houston focused on growth, innovation, customer focus, and living our core values of Integrity, Commitment to Stakeholders, and Passion for Excellence.

As the VP of Global Supply Chain, you’ll develop a strategy that will rationalize the Company’s supplier base and introduce supplier productivity programs aimed at cost reduction, improved process capability, lead time compression, and implementation of Company/Supplier information processes and systems that remove non-value added transactions. You’ll also collaborate with Business Unit Supply Chain Directors to fully leverage corporate wide purchasing and other duties as directed. This position will directly manage all indirect spend and leverage this spending across the entire organization.

Job Functions:

  • Develop both strategic and tactical procurement and transportation policies, plans and objectives; coordinate purchased material inventory planning and control programs; develop and administers programs to maintain excellence in business relationships between MCG and its suppliers.
  • Implement programs and practices aimed at reducing supplier base and to further integrate our suppliers in our manufacturing operations.
  • Establish performance standards and objectives regarding quality, cost, and timely delivery for Purchasing.
  • Ensure approved Company policies and procedures are being carried out.
  • Develop long-range Purchasing strategies and plans.
  • Ensure that the selection, development, evaluation and management of purchasing personnel comply with Company policies and procedures.
  • Develops short and long-range strategies and plans for the supply, quality assurance, inventory control levels, and price protection of purchased materials and services to meet Company needs, including new supplier development.
  • Ensure timely “on-time” delivery of all purchased materials.
  • Review existing and future supplier capacities to ensure that they have the capabilities to meet the Company’s immediate and strategic needs.
  • Develop and forward to appropriate Senior Management Members cost/price forecasts, supplier quality analyses, commodity availability and capacities, market trends, inventory planning and control status, and key supplier profitability trends on a timely basis.
  • Integrate sourcing activities cross functionally to provide and share in procurement best practices and drive important supplier initiatives, i.e., Supplier Rating Systems, Synchronous Flow Technology, Integrated Product Development, Six Sigma and other continuous improvement programs as they occur.
  • Demonstrate innovative techniques and efforts geared towards maintaining, evaluating and rationalizing reliable strategic partnerships and secondary sources when required, to promote appropriate competition and insure continuity of supply chain.
  • Provide leadership and direction to ensure improved managed vendor/supplier relationships.
  • Develop and drive execution strategies that support the organization’s goals and objectives for material competitiveness, supplier on-time delivery, supplier quality and new product development.
  • Working with Finance, develop and implement standardized company metrics.
  • Work with supply chain partners on the purchase of key raw and engineered components to ensure recognition of best network price and development of preferred material vendors based on quality, service & price.
  • Manage the overall logistics related to material flow including both plant and supplier capacity management – including design & implementation of supplier parks at selected manufacturing facilities.
  • Business Benefit Owner (BBO) for Procurement to Pay (PTP), Design to Build (DTB) and Quality (QUA) processes.

Required Qualifications:

  • Bachelor’s Degree required, MBA a plus.
  • Minimum of 15 years of progressive responsibility over Purchasing, Materials Management, or Distribution in a service environment required.
  • CPM, CIRM or APICS Certification highly preferred
  • Experience in managing strategic (direct and indirect) purchases in a multi-plant environment.
  • Experience in development of long-term commodity strategies/agreements in a Supply Chain Management environment.
  • Experience creating policies and practices that leverage spend, manage supplier risk, optimize freight, and improve inventory turns in a global organization.
  • Formal LEAN training regarding Kanban, pull, value stream mapping, and waste reduction is a plus.
  • Demonstrated ability to think conceptually with a real commitment to change and continuous improvement.

resume with salary to inquiry@sawyertms.com

Imagine pushing those open searches off your desk…

Imagine pushing those open searches, unfinished HR and OD  projects off your desk then using those newly gained hours to focus on the more creative, high impact aspects of your work?

What would it mean to you to if you had a trusted partner ready to jump start those same projects with a fresh, kid gloves approach and get you the results you want?

That’s me.   Douglas Pilarski, President of Sawyer TMS.  Tenacious Talent Acquisition- HR- OD- Executive Consultant & Problem Solver w International experience in 40 countries.

I am hands-on and operations focused and thrive in fast-paced environments. I have solid organizational leadership and decision-making skills that can make an immediate contribution to your operation.

I can provide leadership support in Talent Acquisition- HR- OD,  associate relations, performance management, talent review, staffing, compensation, benefits administration, training, inclusion/diversity and project management. I have served as an AAP/EEO Officer with outstanding results. I am professionally “Media trained”. I am a certified 360 coach, certified sexual harassment presenter, and “train the trainer” trainer!

Sawyer TMS client relationships span engineering, construction industries, oil & gas, oilfield services, manufacturing & technology, architecture & planning, mining, minerals, heavy machinery, private equity & venture capital portfolio companies, luxury brands, hospitality, and global retailers. We do not limit the assignments we accept by geography.

I have managed private management consulting engagements for some of the best known companies in the world. I am at home in a Fortune 25 setting as well as sit on the floor 8 guy start up start up.  I have solved some of the toughest search assignments, trickiest turnarounds, and most stubborn OD problems with great success.

I have expert level skills in managing executive search engagements (at the “D”, “V”, “P”, & “C” level) in Engineering, Construction, Manufacturing, Energy & Technology most recently for international client base.  Over the years though, I have worked in a wide variety of industries and functions. The people who know my LOVE my no non -sense, what you see is what you style. The no short cuts. no BS approach has served me well.  I am focused on results. YOUR results.

I have researched and executed professional business introductions for clients looking for engineering firms to participate in civil projects in Middle East and Northern Africa. I have worked in more than 40 countries. I have a broad knowledge and experience from which to draw.

In addition, I write, produce, and present variety of original talent consulting materials for keynote speeches, seminars, webinars, in house sessions, workshops, radio shows, written formats, and executive coaching projects.

If you have a need, I believe I can do an extraordinary job for you.

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www.sawyertms.com

@sawyertms

 

Announcing SkillsForum.net

SkillsForum.net

The training and development first stop for organizations and individuals alike.

SkillsForum.net is dedicated to serving the training and development needs of clients.

We deliver world class training solutions via Seminars, Webinars, One-on-One coaching sessions, and a variety of Special Events tailored to your needs.
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sf4There are 7 webinars scheduled for next week and more on the way.

Materials will follow the general guidelines of professional development & workforce solutions, jobseeker support, and personal growth.

Visit the site which has just launched at www.skillsforum.net.

Email us for more information at sales@skillsforum.net.

Cheers!

SkillsForum.net
We’re Ready.

Follow us on twitter at @SkillsForumNET

The 50 largest corporations in Brasil

Here is a list of the 50 largest corporations in Brasil

Brasil, officially the Federative Republic of Brazil (PortugueseRepública Federativa do Brasil,  is the largest country in both South America and the Latin American region. It is the world’s fifth largest country, both by geographical area and by population. It is the largest Lusophone country in the world, and the only one in the Americas.

Rank

Company City/State Business Field

1

Petrobras Rio de Janeiro, RJ Petroleum and Energy

2

BR Distribuidora Rio de Janeiro, RJ Wholesale (fuel)

3

Telemar Rio de Janeiro, RJ Telecommunications

4

Telefonica São Paulo, SP Telecommunications

5

Ambev São Paulo, SP Beer and drinks

6

Ipiranga Rio de Janeiro, RJ Wholesale (Fuel)

7

Volkswagen São Bernardo, SP Automobiles

8

Shell Rio de Janeiro, RJ Wholesale (Fuel)

9

General Motors São Caetano, SP Automobiles

10

Brasil Telecom Brasilia, DF Telecommunications

11

Bunge Food Gaspar, SC Food and Drink

12

Pão de Açucar São Paulo, SP Retailer

13

Vale do Rio Doce Rio de Janeiro, RJ Mining

14

Carrefour São Paulo, SP Retailer

15

Brasken Camaçari, BA Petrochemical

16

Esso Rio de Janeiro, RJ Wholesale (Fuel)

17

Texaco Rio de Janeiro, RJ Wholesale (Fuel)

18

Embratel Rio de Janeiro, RJ Telecommunication

19

Cargill São Paulo, SP Food and Drink

20

Eletropaulo São Paulo, SP Utilities (Electricity)

21

Nestle São Paulo, SP Food and Drink

22

FIAT Betim, MG Automobiles

23

CEMIG Belo Horizonte Utilities (Electricity)

24

C.S.N. Rio de Janeiro, RJ Iron and Steel

25

VARIG Porto Alegre, RS Transportation (air carrier)

26

Unilever São Paulo, SP Pharmacy and Hygiene

27

Souza Cruz Rio de Janeiro, RJ Tobacco

28

Embraer São José Campos, SP Airplanes

29

Gerdau Porto Alegre, RS Iron and Steel

30

Usiminas Belo Horizonte, MG Iron and Steel

31

Itaipu Brasilia, DF Utilities (Electricity)

32

REFAP Canoas, RS Petrochemical

33

Casas Bahia São Caetano do Sul, SP Retailer

34

AGIP São Paulo, SP Utilities

35

Correios Brasília, DF Postal Service

36

DaimlerChrysler São Bernardo, SP Automobiles

37

Sadia Concórdia, SC Food

38

Light Rio de Janeiro, RJ Utilities (Electricity)

39

Copesul Triunfo, RS Petrochemical

40

Ford São Bernardo, SP Automobiles

41

Vivo São Paulo, SP Telecommunications

42

Furnas Rio de Janeiro, RJ Utilities (Electricity)

43

Bunge Fertilizers São Paulo, SP Fertilizers

44

CPFL Campinas, SP Utilities (Electricity)

45

Cosipa São Paulo, SP Iron and Steel

46

Nokia Manaus, AM Electronics

47

Sabesp São Paulo, SP Utilities (Water & Sewage)

48

Perdigão São Paulo, SP Food

49

Basf São Bernardo, SP Chemicals

50

Copersucar São Paulo, SP Wholesale (sugar & alcohol)

Contact Sawyer TMS

 

Sawyer TMS Sawyer TMS

List of EMEA countries

EMEA means  Europe, Middle East, and Africa. It is commonly used in business as a way to convey service coverage or locate an office for a particular business. I have received a lot of comments from readers saying they have never heard of terms like MENA or EMEA or did hear but had no idea what the letters stood for. It is a surprisingly long list!

Here is a list of the countries included when you see the term EMEA.

Europe – Albania , Andorra , Armenia , Austria , Azerbaijan , Belarus , Belgium , Bosnia and Herzegovina , Bulgaria , Croatia , Cyprus , Czech Republic , Denmark , Estonia , Faroe Islands , Finland , France , France, Metropolitan , Georgia , Germany , Gibraltar , Greece , Greenland , Hungary , Iceland , Ireland , Italy , Kazakhstan , Kyrgyzstan , Latvia , Liechtenstein , Lithuania , Luxembourg , Macedonia , Malta , Moldova , Monaco , Netherlands , Norway , Poland , Portugal , Romania , Russian Federation , San Marino , Serbia and Montenegro , Slovakia , Slovenia , Spain , Svalbard and Jan Mayen Islands , Sweden , Switzerland , Tajikistan , Turkey , Turkmenistan , Ukraine , United Kingdom , Uzbekistan , Vatican.

Africa –  Algeria , Angola , Benin , Botswana , Bouvet Island , Burkina Faso , Burundi , Cameroon , Cape Verde , Central African Republic , Chad , Comoros , Congo , Congo, Democratic Republic , Cote d’Ivoire , Djibouti , Egypt , Equatorial Guinea , Eritrea , Ethiopia, Gabon , Gambia , Ghana , Guinea , Guinea-Bissau , Kenya , Lesotho , Liberia , Libya , Madagascar , Malawi , Mali , Mauritania , Mauritius , Mayotte , Morocco , Mozambique , Namibia , Niger , Nigeria , Oman , Rwanda , Sao Tome and Principe , Senegal , Seychelles , Sierra Leone , Somalia , South Africa , Swaziland , Tanzania , Togo , Tunisia , Uganda , Western Sahara , Zambia , Zimbabwe.

Middle East  – Bahrain , British Indian Ocean Territory , Iran , Iraq , Israel , Jordan , Kuwait , Lebanon , Palestinian Territory , Qatar , Reunion , Saudi Arabia , United Arab Emirates , Yemen.

Contact Sawyer TMS

Sawyer TMS

 

Sawyer TMS

Prohibited employment policies and practices

Prohibited Employment Policies/Practices

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The law forbids discrimination in every aspect of employment.

The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age.

Job Advertisements

It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

For example, a help-wanted ad that seeks “females” or “recent college graduates” may discourage men and people over 40 from applying and may violate the law.

Recruitment

It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

For example, an employer’s reliance on word-of-mouth recruitment by its mostly Hispanic work force may violate the law if the result is that almost all new hires are Hispanic.

Application & Hiring

It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. For example, an employer may not refuse to give employment applications to people of a certain race.

An employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

If an employer requires job applicants to take a test, the test must be necessary and related to the job and the employer may not exclude people of a particular race, color, religion, sex (including pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age.

If a job applicant with a disability needs an accommodation (such as a sign language interpreter) to apply for a job, the employer is required to provide the accommodation, so long as the accommodation does not cause the employer significant difficulty or expense.

Job Referrals

It is illegal for an employer, employment agency or union to take into account a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about job referrals.

Job Assignments & Promotions

It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. For example, an employer may not give preference to employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or from customers.

An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

If an employer requires employees to take a test before making decisions about assignments or promotions, the test may not exclude people of a particular race, color, religion, sex (including pregnancy), or national origin, or individuals with disabilities, unless the employer can show that the test is necessary and related to the job. In addition, the employer may not use a test that excludes employees age 40 or older if the test is not based on a reasonable factor other than age.

Pay And Benefits

It is illegal for an employer to discriminate against an employee in the payment of wages or employee benefits on the bases of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Employee benefits include sick and vacation leave, insurance, access to overtime as well as overtime pay, and retirement programs. For example, an employer many not pay Hispanic workers less than African-American workers because of their national origin, and men and women in the same workplace must be given equal pay for equal work.

In some situations, an employer may be allowed to reduce some employee benefits for older workers, but only if the cost of providing the reduced benefits is the same as the cost of providing benefits to younger workers.

Discipline & Discharge

An employer may not take into account a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge. For example, if two employees commit a similar offense, an employer many not discipline them differently because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

When deciding which employees will be laid off, an employer may not choose the oldest workers because of their age.

Employers also may not discriminate when deciding which workers to recall after a layoff.

Employment References

It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Reasonable Accommodation & Disability

The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodation might include, for example, providing a ramp for a wheelchair user or providing a reader or interpreter for a blind or deaf employee or applicant.

Reasonable Accommodation & Religion

The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker so that he or she can attend religious services.

Training & Apprenticeship Programs

It is illegal for a training or apprenticeship program to discriminate on the bases of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. For example, an employer may not deny training opportunities to African-American employees because of their race.

In some situations, an employer may be allowed to set age limits for participation in an apprenticeship program.

Harassment

It is illegal to harass an employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Harassment outside of the workplace may also be illegal if there is a link with the workplace. For example, if a supervisor harasses an employee while driving the employee to a meeting.

Terms & Conditions Of Employment

The law makes it illegal for an employer to make any employment decision because of a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. That means an employer may not discriminate when it comes to such things as hiring, firing, promotions, and pay. It also means an employer may not discriminate, for example, when granting breaks, approving leave, assigning work stations, or setting any other term or condition of employment – however small.

Pre-Employment Inquiries (General)

As a general rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations.

Employers are explicitly prohibited from making pre-employment inquiries about disability.

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer’s intent to discriminate unless the questions asked can be justified by some business purpose.

Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions, which may indicate the applicant’s race, sex, national origin, disability status, age, religion, color or ancestry if answered, should generally be avoided.

Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a photograph may be obtained after an offer of employment is made and accepted.

Pre-Employment Inquiries and:

  • Race
  • Height & Weight
  • Credit Rating Or Economic Status
  • Religious Affiliation Or Beliefs
  • Citizenship
  • Marital Status, Number Of Children
  • Gender
  • Arrest & Conviction
  • Security/Background Checks For Certain Religious Or Ethnic Groups
  • Disability
  • Medical Questions & Examinations

Dress Code

In general, an employer may establish a dress code which applies to all employees or employees within certain job categories.  However, there are a few possible exceptions.

While an employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers’ ethnic beliefs or practices, a dress code must not treat some employees less favorably because of their national origin.  For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or East Indian attire, but otherwise permits casual dress would treat some employees less favorably because of their national origin.

Moreover, if the dress code conflicts with an employee’s religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship.

Similarly, if an employee requests an accommodation to the dress code because of his disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.

Constructive Discharge/Forced To Resign

Discriminatory practices under the laws EEOC enforces also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.

Contact Sawyer TMS

A brief glossary of terms related to Workforce Diversity

A brief glossary of terms related to Workforce Diversity

This list is by no means complete. Some to the terms change slightly as the discussion evolves and gets applied. It is a good starting point. Also, there have been recent changes such as an expanded definition of the term Disability and mandates of for federal contractors to employ a certain percentage of workers with disabling conditions. 

ADVERSE IMPACT: Under the ‘Uniform Guidelines on Employee Selection Procedures’ of the Equal Employment Opportunity Coordinating Council. “Adverse impact may be found when a selection process for a particular job or group of jobs results in the selection of members of any racial, ethnic, or sex group at a lower rate than members of other groups. The enforcement agencies will generally regard a selection rate for any group which is less than four fifths (4/5) or eighty percent of the rate for the group with the highest selection rate as constituting evidence of adverse impact…Depending on the size of the sample and other factors, however, the enforcement agencies could measure adverse impact other than by the “80% rule”. In a particular case, of course, the final arbiter of the question would be the federal courts.

AFFECTED CLASS: Any group which continues to suffer the effects of past discriminatory practices. Affected class status must be determined by analysis or court decision.

AFFIRMATIVE ACTION: Specific actions in recruitment, hiring, upgrading and other areas designed and taken for the purpose of eliminating the present effects of past discrimination, or to prevent discrimination. It is one aspect of the federal government’s efforts to ensure equal employment opportunity. Executive Order 11246 prohibits federal contractors from discriminating against employees on the basis of race, sex, religion, color, or national origin, and requires contractors to implement affirmative action plans to increase the participation of minorities and women in the workplace. Pursuant to federal regulations, affirmative action plans must consist of an equal opportunity policy statement, an analysis of the current work force, identification of problem areas, the establishment of goals and timetables for increasing employment opportunities, specific action-oriented programs to address problem areas, support for community action programs, and the establishment of an internal audit and reporting system.

AFFIRMATIVE ACTION PLAN: The written document through which management assures that all persons have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related employment areas. The plan is tailored to the employer’s work force and the skills available in the labor force. It prescribes specific actions, goals, timetables, responsibilities and describes resources to meet identified needs. The plan is a comprehensive results oriented program designed to achieve equal employment opportunity rather than merely to assure nondiscrimination.

AFFIRMATIVE RECRUITMENT: Special recruitment efforts undertaken to assure that qualified protected class members are well represented in the applicant pools for positions from or in which they have been excluded or substantially underutilized. Such efforts may include contacting organizations and media with known protected class constituencies. Open job posting and advertising and “equal opportunity employer” statements necessary in many situations are matters of nondiscrimination rather than measures of affirmative recruitment.

AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1964: Prohibits discrimination in employment of individuals over 40 years of age and older, except in special circumstances.

AMERICAN INDIAN (NATIVE AMERICAN) OR ALASKAN NATIVE: A person having origin in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

AMERICAN WITH DISABILITIES ACT OF 1990: Prohibits discrimination on the basis of disability in employment (Title I), by state and local governments (Title II), in public accommodations (Title III) and in telecommunications (Title IV).

APPLICANT POOL: All people who have applied for a particular job or group of jobs during one period of opening. The collection of candidates from whom the selection or selections for available positions may be made.

ASIAN OR PACIFIC ISLANDER: A person having origin in any of the original peoples of the Far East, Southeast Asia (i.e., Cambodian, Hmong, Laotian, Thai, Vietnamese), the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa.

AVAILABILITY: An estimate of the percentage of minorities and women in the relevant labor market who are qualified and interested in positions  during the term of the affirmative action program. Using a process that considers eight factors, statistics from outside labor markets and the internal campus work force are used to determine availability percentages for each job group.

BLACK: A person, not of Hispanic origin, who has origin in any of the black racial groups of the original peoples of Africa.

BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ): A minimum qualification that is needed to be able to perform the duties of a particular job, which would otherwise be unlawful because of its discriminatory impact based on one’s sex, religion, or national origin, etc. Examples are the requirement that an actor playing the part of a woman be a woman or that a minister of a particular religion be a member of that particular religion. The concept of BFOQ is interpreted very narrowly by both the EEOC and the federal courts. Age may be a BFOQ under the Age Discrimination Employment Act of 1967. Race is never a BFOQ.

BUSINESS NECESSITY: A legitimate business purpose that justifies an employment practice as valid and necessary for the effective achievement of the organization’s objectives and the safe and efficient operation of the business.

CIVIL RIGHTS: Personal rights guaranteed and protected by the Constitution, i.e., freedom of speech, press, freedom from discrimination.

CIVIL RIGHTS ACT OF 1964: Prohibits discrimination in programs receiving Federal funds. Title VI: Prohibits discrimination on the basis of race or national origin in federally-financially assisted programs. Title VII: Prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex (including pregnancy).

CIVIL RIGHTS ACT OF 1991: Amends Civil Rights Act of 1964 by adding the protected category of “disability” and provides for appropriate remedies for intentional discrimination and unlawful harassment in the work place. The 1991 Act does not affect court-ordered remedies, affirmative action, or conciliation agreements, which are in accordance with the law.

CLASS ACTION: A civil action brought by one or more individuals on behalf of themselves and “all others similarly situated” (or equivalent language). The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but which also provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices. The technical legal requirements and definition of a class in federal court proceedings are contained in Rule 23 (b) of the Federal Rules of Procedure.

CODE OF FEDERAL REGULATIONS (CFR): The code contains Presidential executive orders and regulations based on those orders, federal laws, and other federal regulations. Related matters are grouped together. Title 41 CFR Chapter 60, for example, deals with the various Department of Labor EEO regulations and guidelines concerning federal government contractors.

COMPARABLE WORTH: Payment of wages based on the value of the work performed taking into consideration such factors as education, training, skills, experience, effort, responsibility and working conditions, This issue is raised particularly in comparing the salaries paid for occupations that are traditionally female to salaries paid for those that are traditionally male.

COMPLIANCE: A  federal contractor and is obligated to comply with federal laws and regulations regarding affirmative action. These obligations include ensuring diverse pools of applicants for positions; developing and maintaining affirmative action plans which identify areas of underutilization of minorities and women; and demonstrating good faith efforts to eliminate underutilization.

COMPLIANCE AGENCY: Any local, state, or federal government agency which administers laws or regulations in the EEO field.

DIFFERENTIAL VALIDATION: Validation of test at different score levels for different classes of people. This is not tantamount to “lowering standards” for one or more groups to favor them over others. Differential validation occurs only where lower test scores by one class actually do predict a level of job performance equivalent to that predicted by the higher scores of another class.

DISABLED INDIVIDUAL: Any person who:

1) has a physical or mental impairment that substantially limits one or more major life activities;

2) has a record of such impairment; or

3) is regarded as having such an impairment.

The following are general definitions as to the meaning of ‘disability’

a) Physical or Mental Impairment means I) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or ii) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term ‘physical or mental impairment’ includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.

b) Major Life Activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

c) Has a Record of Such an Impairment means has a history of a mental or physical impairment that substantially limits one or more life activities.

dais Regarded as Having an Impairment means I) has a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer as constituting such a limitation; ii) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or iii) has none of the impairments defined above but is treated by an employer as having such an impairment.

insubstantially Limits means the degree the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining or advancing in employment will be considered substantially limited.

DISABLED VETERAN: A person entitled to disability compensation under laws administered by the U.S. Veteran’s Administration for a disability rate of 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

DISCRIMINATION: An intentional or unintentional act which adversely affects employment opportunities because of race, color, religion, sex, handicap, marital status, or national origin, or other factors such as age.

DISPARATE EFFECT OR DISPARATE IMPACT: The result of an employment policy, practice, or procedure that, in practical application, has less favorable consequences for a protected class than for the dominant group.

DISPARATE TREATMENT: Employment practices such as the use of tests or educational requirements, fair and neutral on their face, which are applied or administered in an unfair manner. An example would be using an “old boy network” to hire for jobs even though the positions have been posted.

DIVERSITY: A practice or philosophy that  recognizes and respects the importance of all similarities and differences among human beings.  Those who are committed, through programs and policies, to fostering inclusiveness, understanding, acceptance and respect in a multicultural society.  Diversity includes but is not limited to, age, ethnic origin, national origin, race, color, sex, sexual orientation, marital status, disability, religious beliefs, creeds and income.  A commitment to diversity compels it to confront prejudicial, discriminatory or racist behaviors and policies.

EEO-4 REPORT: The annual report which state and local government employers must file with the EEOC regarding the sex and minority status of their work force by job category and salary intervals. Those required to file include:

1) All states.

2) All other political jurisdictions which have 100 or more employees.

3) An annual sample (rotated each year) of those political jurisdictions which have 15-99 employees.

EIGHT-FACTOR ANALYSIS: Current government regulations require that, in performing availability analyses, an organization must “consider” at least eight designated factors. Referred to as the “8-Factor Analysis,” they include the following for minorities:

1) the minority population of the labor area surrounding the facility;

2) the size of the minority unemployment force in the labor area surrounding the facility;

3) the percentage of the minority work force as compared with the total work force in the immediate labor area;

4) the general availability of minorities having requisite skills in the immediate labor area;

5) the availability of minorities having the requisite skills in an area in which the contractor can reasonably recruit;

6) the availability of promotable and transferable minorities within the contractor’s organization;

7) the existence of training institutions capable of training persons in the requisite skills; and,

8) the degree of training which the contractor is reasonably able to undertake as a means of making all job classes available to minorities.

The above factors for women are identical to those for minorities except that the availability of “women seeking employment in the labor or recruitment area” is substituted for “the minority population in the labor area surrounding the facility” in Factor 1. Availability is determined for each job group by weighting each of the above factors in accordance with each factor’s significance to that job group.

EMPLOYEE: Under Title VII of the Civil Rights Act of 1964, as amended:

” an individual employed by an employer except that the term ‘employee’ shall not include any person elected to public office in any State or political subdivision of any State or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State Government, governmental agency or political subdivision.”

EMPLOYER: Under Title VII of the Civil Rights Act of 1964, as amended:

” a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.” The U.S. Government and its wholly owned corporations, Indian tribes, certain departments of the District of Columbia Government, and tax exempt, bona fide private membership clubs are excluded from the definition.

EQUAL EMPLOYMENT OPPORTUNITY: Where all personnel activities are conducted so as to assure equal access in all phases of the employment process. Employment decisions are based solely on the individual merit and fitness of applicants and employees related to specific jobs, without regard to race, color, religion, sex, age, national origin, handicapping conditions, marital status or criminal record.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC): The federal government agency mandated to enforce Title VII of the Civil Rights Act of 1964, as amended. The Commission has five members, each appointed to a five year term by the President of the United States with the advice and consent of Congress. The Federal Commission on Equal Employment Opportunity has the power to bring suits, subpoena witnesses, issue guidelines which have the force of law, render decisions, provide legal assistance to complainants, etc., in regard to fair employment.

EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL (EEOC): The coordinating body established under Section 715 of Title Vii of the Civil Rights Act of 1964 in its amendment by the Equal Employment Opportunity Act of 1972. The EEOC is composed of the Secretary of Labor, the Chairman of the EEOC, the Attorney General, the Chairman of the U.S. Civil Service Commission, or their respective delegates. The Council is responsible for taking steps to. . . maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations . . .” of various federal agencies with compliance responsibilities in equal employment opportunity.

EQUAL PAY: To provide equal pay for men and women performing the same or substantially similar jobs in the same establishment, (As required by the Equal Pay Act of 1963 for employers subject to the Fair Labor Standards Act) (e.g., in a department store a female salesperson in the ladies shoe department must receive pay equal to that of a male salesperson in the men’s shoe department.)

EQUAL PAY ACT OF 1963: Requires equal pay for equal work, i.e. substantially equal in skill, effort, and responsibility. Permissible pay discrimination under the Act includes circumstances in which pay differentials between men and women in the same job title are due to (1) seniority system, (2) merit system, (3) system which measures earnings by quantity or quality of production, or (4) differentials based on any other factor other than sex.

ETHNIC GROUP: A group identified on the basis of religion, color or national origin.

EXECUTIVE ORDER: A regulation by the President of the United States or the chief executive of a state which has the effect of law.

EXECUTIVE ORDER 11246 (1965): Prohibits discrimination in employment practices of Federal contractors who receive $50,000 or more in federal funds and have 50 or more employees. Requires affirmative action be taken to provide employment opportunities for qualified women and minorities.

GOALS: Good faith, quantitative employment objectives which employers voluntarily set as the minimum progress they can make within a certain time period (usually one year) to correct under utilization of protected classes in their work force.

GOOD FAITH EFFORTS: Specific actions taken by an employer to meet affirmative action goals or deliver a successful affirmative action program.

GUIDELINES: Documents published by various compliance agencies for the purpose of clarifying provisions of a law or regulation and indicating how an agency will interpret its law or regulation.

HANDICAP: (See Disabled Individual.)

HISPANIC: A person, regardless of race, who is of Spanish culture or origin. This includes, for example, persons from Mexico, Central or South America, Puerto Rico, the Dominican Republic and Cuba.

JOB ANALYSIS: The systematic study of a job to provide information which will enable those planning examinations or other selection devices to determine the knowledge, skills and abilities required for successful performance on the job.

JOB CATEGORY: A grouping or aggregation of job classifications for purposes of analysis or official reporting. For example: Officials and Administrators; Instructional; Professional Non instructional; Clerical/Secretarial; Technical/Paraprofessional.

MINORITY: The term “minorities” as used in affirmative action refers to four historically underrepresented ethnic groups: American Indians, Asians or Pacific Islanders, Blacks, and Hispanics.

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (FOCI): The branch of the U.S. Department of Labor responsible for monitoring the compliance status of and resolving complaints against all employers having contracts with the Federal Government.

PARITY: A condition achieved in an organization when the protected class composition of its work force is equal to that in the relevant available labor force.

PRIMA FACE’S legal presumption that arises from a basic showing of facts which will control a decision unless explicitly proved untrue. In the EEO area, statistics of under utilization have been sufficient to make a prima facie case for discrimination. It is then the responsibility of the employer to justify those statistics.

PROTECTED CLASSES: Groups identified in Executive Order 6 (minorities, women, disabled persons and Vietnam Era Veterans) that are specifically protected against employment discrimination.

QUOTAS: In employment law, court ordered or approved hiring and/or promoting of specified numbers or ratios of minorities or women in positions from which a court has found they have been excluded as a result of unlawful discrimination. Quotas are not the same as goals and timetables.

RACIAL/ETHNIC GROUPS: The four racial/ethnic groups protected by Federal equal employment opportunity laws are Blacks, Hispanics, Asians or Pacific Islanders, and American Indians or Alaskan Natives. Racial/ethnic groups are defined by the Federal Government as follows:

White (not of Hispanic origin): Persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.

Black (not of Hispanic origin): Persons having origins in any of the Black racial groups of Africa.

Hispanic: Persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander: Persons having origins in any of the original peoples of the Far East, Southeast Asia (i.e., Cambodian, Hmong, Laotian, Thai, Vietnamese), the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.

American Indian or Alaskan Native: Persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition.

REASONABLE ACCOMMODATION: The changing of environment, schedules or requirements to adapt to the known physical or mental limitations of a qualified handicapped applicant or employee.

REHABILITATION ACT OF 1973: Prohibits discrimination in programs receiving Federal funds on the basis of disability.

Section 503: Requires affirmative action be taken to provide employment opportunities for qualified persons with disabilities by employers receiving more than $2,500 or more in Federal funds.

Section 504: Prohibits discrimination on the basis of disability in programs receiving federal funds. Requires reasonable accommodation qualified persons with disabilities, except in cases of undue hardship is shown.

RELEVANT WORK FORCE: All individuals who are qualified to perform a particular job and who would accept employment in the particular geographic location.

SELECTION PROCESS: Any measure, combination of measures, or procedure used as a basis for any employment decision; commonly consists of minimum qualifications, test (s), employment interview, and probationary period.

SEXUAL HARASSMENT: Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1) submission to the conduct is either an explicit or implicit term or condition of employment;

2) submission to or rejection of the conduct is used as a bases for an employment affecting the person rejecting or submitting to the conduct; or

3) the conduct has the purpose or effect of unreasonably interfering with an affected person’s work performance, or creating an intimidating, hostile, or offensive work environment.

SEXUAL ORIENTATION: A private preference of an individual protected by Executive Order No. 28 for heterosexuality, homosexuality or bisexuality; or a history of such a preference; or an identification with having such a preference.

SNAPSHOT: Because the work force numbers fluctuate, a snapshot of the work force is taken at one particular point in time, e.g., as of a particular day, and used as the basis for analysis.

STANDARD METROPOLITAN STATISTICAL AREA (SMSA): A statistical standard developed for use by federal agencies in the production, analysis, and publication of data on metropolitan areas; each SMSA has one or more central counties containing the area’s main population concentration and may also include outlying counties which have close economic and social relationships with the central counties.

SYSTEMIC DISCRIMINATION: A pattern of discrimination throughout a place of employment (or program) that is a result of pervasive, interrelated actions, policies or procedures.

TIME TABLE: A specified time frame, required in all affirmative action plans, within which an employer must achieve established numerical employment goals.

TITLE IX (of the 1972 Educational Amendments to the Higher Education Act): Prohibits sex discrimination in educational institutions receiving Federal funds. Covers programs and activities including students loans and scholarships, access to courses, housing, health services, athletics, career services and publications.

UNDER REPRESENTED STUDENTS: This group includes underserved students (African Americans/Black, Asian, Hispanic, American Indian and multiracial) plus first generation students and low income students. (In specific instances, other groups of students may be considered underrepresented. For example, in a traditionally female discipline, males may be considered underrepresented.)

UNDER SERVED STUDENTS: These are students who have been traditionally excluded from full participation in our society and its institutions. The basis of exclusion has primarily been race and color including African Americans/Black, Asian, Hispanic, American Indian and multiracial.

UNDER UTILIZATION / UNDER REPRESENTATION: Term used to describe a situation wherein a lower number of protected class employees are represented than parity would predict. Once under utilization is quantitatively established, an employer must 1) demonstrate that the under utilization is the legitimate effect of a BFOQ or results from business necessity; or 2) develop an affirmative action program with specific, action oriented steps to overcome this under utilization.

UNITED STATES COMMISSION ON CIVIL RIGHTS: An independent, bipartisan agency established by Congress in 1957 and directed to

a) Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, handicap or national origin, or by reason of fraudulent practices.

b) Study and collect information concerning legal developments constituting discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, handicap or national origin, or in the administration of justice.

c) Appraise Federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, handicap or national origin, or in the administration of justice.

d) Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, handicap or national origin.

e) Submit reports, findings and recommendations to the President and Congress.

UTILIZATION ANALYSIS: A comparison of the percentage of minority or women employees actually in a job group with the percentage of minorities and women in the relevant labor market.

VIETNAM ERA VETERAN: A Vietnam era veteran is a person who served on active duty in the Armed Forces of the United States, any part of which occurred between 1/1/63 and 5/7/75, and was discharged and/or released with other than a dishonorable discharge.

VETERAN: A person who served in the Armed Forces of the United States during a period specified and was honorably discharged or was released under honorable circumstances. Armed Forces is defined as the Army, Navy, Marine Corps, Air Force and Coast Guard, including all components thereof, and the National Guard when in the service of the United States pursuant to call as provided by law on a full-time active duty basis, which does not include active duty for training purposes. The specified periods of service are:

12/7/41 – 9/2/45     6/26/50 – 1/31/55     1/1/63 – 5/7/75

WORK FORCE ANALYSIS: A statistical analysis of the numbers and percentages of all employees of a specific employer by race, or ethnic origin, sex, Vietnam Era Veteran and/or disability status by job category and level.

ZONE SCORING: A scoring technique which divides candidates into a small number of groups, with all candidates within a group assigned the same score also known as block, band or category scoring.

N.B. Of course, this is meant as information and not legal advice so please check with your HR department or legal counsel to see how theses ideas and concepts apply to your circumstances. 

 Contact Sawyer TMS