Our Service Offerings
Return To
Affirmative Action Plans, EEO-1 Reporting and OFCCP Compliance Issues
If you are a government contractor, receiving government funding or a banking institution that receives deposits involving government money, you are required to have in place an Affirmative Action Plan. The one exception to this is noted below in the requirements for Construction Industry Companies. As of November 2000, there are new requirements in relation to your Affirmative Action Plan. These changes actually make the writing of an AAP somewhat easier. Unfortunately, you will also be exposed to the new EEO survey that requires you to report personnel decisions as well as salaries using the EEO-1 report classifications.
A new method of selecting who will be audited is now in place.
Quote from Charles E James Interview.
"We call this new model the Federal Contractor Selection System (FCSS). We expect and hope that this new model will be a significant improvement over the old EEDS model.
To implement the FCSS, OFCCP is conducting the scheduling in rounds. Overall there are about 3,500 establishments on the list. In the first round, which began in July 2004, we released a list of approximately 650 establishments to receive scheduling letters. We will monitor these 650 reviews closely as a pilot study to validate the effectiveness of the new selection system. We don't plan on additional scheduling until the desk audit phase of these 650 pilot reviews is completed. Once that occurs, we'll release the remaining selections in rounds based on the capacities of the local offices." Charles E. James sr. is the Director of the OFCCP.
We are capable
of providing custom written Affirmative Action Plans for your organization,
including individualized plans for each facility in your organization. Each
program consists of an AAP for "Women & Minorities" and a separate AAP for
"Disabled, Disabled Veterans and Veterans". Supporting applications for
employment, Affirmative Action Voluntary Information Sheet and the appropriate
Invitation to Self Identify are provided when needed by your organization. This
includes the appropriate statistical information for the AAP as required.
Additionally, we can also support your EEO-1 reporting
requirements, Vets 100 reporting requirements and integrate this information
into your Affirmative Action Plans as needed.
The
following information is from the discussion on Executive Order 11246 and the
requirements placed on companies wanting to or are doing business with the
Federal Government.
I. For Supply and Service Contractors
Non-construction (service and supply) contractors with 50 or more employees and government contracts of $50,000 or more are required, under Executive Order 11246, to develop and implement a written affirmative action program (AAP) for each establishment. The regulations define an AAP as a "set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort." The AAP is developed by the contractor (with technical assistance from OFCCP if requested) to assist the contractor in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review.
The AAP identifies those areas, if any, in the contractor’s workforce that reflect utilization of women and minorities. The regulations at 41 CFR 60-2.11 (b) define under-utilization as "having fewer minorities or women in a particular job group than would reasonably be expected by their availability." When determining availability of women and minorities, contractors consider, among other factors, the presence of minorities and women having requisite skills in an area in which the contractor can reasonable recruit.
Based on the utilization analyses under Executive Order 11246 and the availability of qualified individuals, the contractors establish goals to reduce or overcome the under-utilization. Good faith efforts may include expanded efforts in outreach, recruitment, training and other activities to increase the pool of qualified minorities and females. The actual selection decision is to be made on a non-discriminatory basis.
II. For Construction Contractors
OFCCP has established a distinct approach to affirmative action for the construction industry due to the fluid and temporary nature of the construction workforce. In contrast to the service and supply affirmative action program, OFCCP, rather than the contractor, establishes goals and specifies affirmative action which must be undertaken by Federal and federally assisted construction contractors. OFCCP issued specific national goals for women. The female goal of 6.9 percent was extended indefinitely in 1980 and remains in effect today. Construction contractors are not required to develop written affirmative action programs. The regulations enumerate the good faith steps construction contractors must take in order to increase the utilization of minorities and women in the skilled trades.
Material
Copyright © 2000-2004 Holzschu, Jordan, Schiff & Associates