Affirmative Action

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An Overview of Affirmative Action

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Affirmative Action

  1. 1. An Overview
  2. 2. Affirmative Action  Actions appropriate to overcome the effects of past or present practices, policies and other barriers to equal employment opportunity  Affirmative Actions should be remedial in nature to be legal  Affirmative Action Plan is not a quota system  Affirmative Action should not lead to reverse discrimination  EEOC, Office of Federal Contract compliance programs (OFCCP)
  3. 3. Related Laws and Regulations  Executive Order 11246  Rehabilitation Act of 1973  Vietnam Era Veterans' Readjustment Assistance Act of 1974  41 CFR Part 60-1 : Obligations of Contractors and Subcontractors  41 CFR Part 60-2: Affirmative Action Programs  41 CFR Part 60-250: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era  41 CFR Part 60-741: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities
  4. 4. Who Has to do it  Federal Contractors and Subcontractors An employer with 50+ employees and  Federal contracts or subcontracts worth $ 50,000 or more  Has government bills of lading of $ 50,000 or more in a year  Serves as a depository of government funds in any amount  Is a financial institution that issues and pays US savings bonds/notes in any amount  Pursuant to a Consent Decree or a Court Order which includes Affirmative Action as a remedy  Employers can adopt voluntary affirmative action plans
  5. 5. What do Federal Contractors have to Do  Develop and maintain a written affirmative action plan for EACH ESTABLISHMENT  Post Notices  Track the demographic data (race , gender, disability, veteran status) of anyone who is an applicant  An applicant is a person who has  Expressed Interest for a particular job  Meets basic qualifications  Considered for the job
  6. 6. Some things to think of  How are you accepting resumes  Walk In  Internet  Fax  Friends  Do you participate in career fairs  How do we handle college recruiting  Give me the answer “ If you considered them for the job, why you didn’t pick them”
  7. 7. Don’t Do  Use AA plans to maintain equal opportunity  Use AA plans to “promote diversity” – Schools can do that  Use AA to make layoff/termination decisions  Set rigid numerical targets and dates by which to achieve them  Have recruitment sources that only refer minority candidates
  8. 8. What do we have to do to use race/gender in Decision Making  Pursuant to a formal written policy  Must be temporary  Must be remedial  Must address current underutilization  Current utilization of women/minorities as compared to the % of women / minorities in the relevant labor pool with those qualifications  Broad Goals / Time Tables
  9. 9. Under Utilization Analysis Total Females Female Minorities Minority Job Group (#) (%) Availability (%) Availability (%) (%) Accountant 25 40 24 20 28 Financial Analyst 25 20 32 20 16 HR Specialist 50 80 54 20 30 Computer Programmer 100 30 30 50 45 Electrical Engineer 50 20 28 30 30 Systems Analyst 50 10 12 20 30 David J Walsh, Employment Law for HR Practice, 2004
  10. 10. OFCCP Enforcement  OFCCP will randomly select an Employer for a Desk Audit  Employer required to submit all applicant data for a period of time – perhaps three years back  OFCCP comes on-site – reviews personnel files, payroll, conducts interviews of everyone, and determines penalties, if applicable  Remedies = Back pay, job offers, seniority credit, promotions, training, additional recruitment efforts
  11. 11. References  David J Walsh, Employment Law for Human Resources Practice, 2004  Department Of Labor website www.dol.gov

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