EEO - Affirmative Action
Page Contents
- Federal
- Summary
- Defining Affirmative Action
- History and Rationale behind Affirmative Action
- Diversity versus Affirmative Action
- Determining Federal Contractor Status and Compliance with OFCCP
- Coverage Is Not Dependent on Notice of Coverage
- Enforcement
- Additional Information on Coverage
- Affirmative Action Obligations Apply to All Facets of Employment
- Managing Affirmative Action within the Workplace
- Hiring a Diverse Workforce
- Advancement and Promotion
- Pay Equity
- Key Principles of Affirmative Action Plans
- Key Elements
- Location-Based Versus a Functional Affirmative Action Plan
- All Employees Must Be In an AAP
- Satellite Locations
- Race and Gender Records
- Narrative Section of the AAP
- Required Narrative Elements
- OFCCP Procedures in Implementing Audits
- Scheduling an OFCCP Review or Evaluation
- Evaluations and Reviews
- Types of Reviews
- Conclusion of Evaluation or Review
- Self Audits
- Recordkeeping
- EEO-1 and VETS 100 Reporting
- Union-Related Postings for Governmental Contractors
- Posting in Spanish or Other Languages
- Enforcement
- Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)
- Coverage
- Basic Requirements and Compliance
- Key Elements
- Enforcement
- Future Developments
- Changes Proposed to VEVRAA
- Summary of Proposed Changes
- Additional Resources
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Federal
Author: James Cowan, Jr., LeClairRyan
Summary
- Federal affirmative action requirements apply to all aspects of employment for federal contractors, which is more broadly defined than many employers believe. Federal contractors must observe affirmative action requirements regarding: hiring, advancement, promotion and training opportunities, compensation, and termination. See Defining Affirmative Action.
- Covered federal contractors must comply with Executive Order No. 11246, 30 FR 12319 (1965), Executive Order No. 13496, 74 FR 6107 (2009), Section 503 of the Rehabilitation Act of 1973, +29 U.S.C. § 793 (1992) and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974, +38 U.S.C. § 4212 (2002), as outlined below. See Determining Federal Contractor Status and Compliance with OFCCP.
- These Executive Orders and Acts require covered federal contractors to develop affirmative action plans, keep detailed records, and develop procedures to ensure adequate opportunities for females and minorities in the workplace as compared with males and non-minorities. See Managing Affirmative Action Within the Workplace and Key Principles of Affirmative Action Plans.
- Covered contractors will be subject to audits from the Office of Federal Contract Compliance Programs (OFCCP) to ensure their compliance and can take certain preemptive steps to avoid the enforcement and disciplinary actions by the OFCCP. See Managing Affirmative Action Within the Workplace and Key Principles of Affirmative Action Plans.
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State Requirements
The following states have additional requirements for this topic under applicable state law.
- Alabama
- Alaska
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Wisconsin