Chapter 10
AFFIRMATIVE ACTION OBLIGATIONS AND REQUIREMENTS
Summary
- Employers doing business with the federal government, either directly or indirectly, are required to take affirmative action with respect to applicants and employees.
- Taking “affirmative action” means covered employers must do more than simply avoid discrimination.
- Obligations are set forth in three major laws:
- Executive Order 11246;
- Vocational Rehabilitation Act of 1973; and
- Vietnam Veterans Readjustment Assistance Act of 1974.
- Written affirmative action plan required for non-construction employers with 50 or more employees.
- Three plans required - minorities and females, qualified individuals with a disability, and Vietnam-era veterans.
- Contents of plans specified by regulations.
- Detailed obligations for construction employers are set forth in regulations.
- Obligations enforced by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).
- Sanctions for noncompliance include contract cancellation and debarment from performing government work.