Contractor and Subcontractor Requirements
Over $50,000 in Government Contracts?
The Office of Federal Contract Compliance Programs (OFCCP) requires companies that hold Government Contracts of $50,000 or more and employ at least 50 people to complete an annual written Affirmative Action Plan (AAP) for each location. This law (EO 11246) is administered and monitored by the OFCCP which is an agency within the Department of Labor (DOL).
Here’s What You Are Required To Do
If you have questions about any of these requirements, each is explained below. Please refer to the proper administering or monitoring agency for more detailed information. This list may not be all inclusive as laws and regulations change frequently.
- A Written Affirmative Action Plan
- An Applicant Flow Log
- Required Posters and EEO Information
- Voluntary Self-Identification Forms for Applicants
- Voluntary Self-Identification Forms for Veterans
- Proper Statements on Job Advertisements and Forms
- All Jobs Listed With Job Service and Relationships With Other Recruitment Sources
- Annual Letters To Recruitment Sources
- A Standard Selection Procedure That Correctly Defines Internet Applicants
- A System To Set Goals and Address Underutilization
Equal Opportunity Employer
Your commitment as a Government Contractor is to provide equal employment opportunities through a positive Affirmative Action Program with the assurance that no employee or applicant for employment will be discriminated against because of race, color, religion, sex, national origin, disabled or veteran status. In addition, you must be an Equal Opportunity Employer (EOE) as defined by EEOC regulations. The EEOC is also an agency within the DOL.
Applicant Flow Log
As a Government Contractor, your company is required to maintain Applicant Flow Logs that provide the following information about each applicant: Date, Name, Sex, Race, Job Applied For, EEO Code and Referral Source. As a final step, the company will note the Status recording whether the applicant was hired and if not hired or not interviewed, the reason. A summary of the total number of applicants broken down by sex, race and EEO category will be used in your AAP statistics to determine any possible adverse impact in your hiring process. During an audit of your facility, an OFCCP Compliance Officer will use this information to determine if there was any discrimination in your hiring process. It is very important that your company maintain accurate Applicant Flow Logs.
Posters and EEO Information
There are Federally required EEO posters that must be placed in your company facilities in conspicuous places visible to applicants and employees. To obtain copies of these required posters, you may visit the Office of Federal Contract Compliance (OFCCP) or Equal Employment Opportunity Commission (EEOC) websites. You may access these websites through the Department of Labor website at www.dol.gov . You will also post your company’s EEO Policy for applicants and employees to see. “Beck” posters must also be posted informing employees of their rights related to union dues and fees under Federal law. For more information about these or other required workplace postings, please refer to www.dol.gov.
Voluntary Self-Identification – Applicants
Women and minority applicants should be given a pre-employment information sheet to self-identify their race/ethnic group and sex. This is a voluntary form and applicants should be informed that failure to provide this information will not result in adverse treatment and that the information will be maintained for government reporting purposes in a separate, confidential file. Information from these forms will be maintained on the company’s Applicant Flow Log for use when collecting data for the Affirmative Action Plans or during an OFCCP Compliance Audit. If the applicant refuses to supply this information, the company is allowed to visually determine the race and sex and log this information directly onto the Applicant Flow Log.
Voluntary Self-Identification – Disabled/Veterans
Disabled applicants and disabled veterans and veterans of the Vietnam Era should also be given a form to self-identify in accordance with the Vietnam Era Veterans Readjustment Assistance Act and the Rehabilitation Act. This is a post-offer information form and should be given to all new hires after they have been offered the job but before they begin their first day of work.
Job Advertisements and Forms
Job advertisements should state that all applicants will be considered without regard to race, color, religion, sex or national origin. Companies often abbreviate this by writing “Equal Opportunity Employer/M/F/V/D” or “EOE/M/F/V/D.
You should make a special effort to develop relationships with recruitment sources that are able to refer qualified females, minorities, disabled and veterans. It is very important to note that you are required to list all openings with the exception of any Corporate Initiative Positions with your local Job Service Office regardless of the level of the job.
Annual Letters To Recruitment Sources
On an annual basis, you are required to send letters to recruitment sources informing them of your commitment to Affirmative Action and stating that you do not discriminate on the basis of age, sex, race, color, religion, national origin, disabled or veteran status and that your will only work with recruitment sources who share this commitment and comply with this policy. You should also state that you expect their services to include active recruitment and referral of qualified minorities, women, disabled and veteran candidates.
You should understand that there are new definitions and requirements surrounding collection of data and consideration of applicants who apply online. For detailed information on this important new issue, please refer to the Internet Applicants section of this website or to the OFCCP website.
Goals To Correct Underutilization
Once your AAP has been prepared and reviewed, you must set goals and make a “good faith effort” to correct areas of underutilization. Please refer to the Federal Regulations or OFCCP website for other required information that may not be included here.