EEO - Affirmative Action
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Author: James Cowan, Jr., LeClairRyan
- 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.
The following states have additional requirements for this topic under applicable state law.
- District of Columbia
- New Jersey
- New Mexico
- New York
- North Carolina
- Rhode Island