Understanding Affirmative Action Laws
Below is a listing of laws administered by the OFCCP relating to AAP compliance. In addition, you must also abide by EEOC regulations as an Equal Opportunity Employer. As a Government Contractor, you will be expected to understand and comply with each of these laws and regulations.
The equal opportunity clause contained in Section 202 of the Order requires that Federal contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor/subcontractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin.
Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793), requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. Under the Act, contractors can not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified.
Government Contractors and Subcontractors are required to take affirmative action to employ and advance in employment, qualified disabled persons, disabled veterans, special disabled veterans, veterans of the Vietnam era, newly separated veterans, Armed Forces service medal veterans, other protected veterans, in compliance with Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C 793, and Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (‘‘Section 4212’’ or ‘‘VEVRAA’’). Contractors must be sure that all personnel actions, including compensation, benefits, recruitment, hiring, training, and promoting persons in all job titles, will be administered without regard to disability, or other protected veteran status, and all employment decisions are based solely on valid job requirements. In addition, employees and applicants must be protected from harassment, threats, coercion, intimidation, interference or discrimination. There are also requirements for filing VETS-100 or VETS-100A reports each year depending on whether they are covered by 61-300 or 61-250 or both. Please refer to Benchmark’s summary of this final rule which became effective in Calendar Year 2008.
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. OFCCP shares responsibility with the U.S. Equal Employment Opportunity Commission (EEOC) in enforcing Title I of the Americans with Disabilities Act. Please see the EEOC webpage related to ADA.
You Are also Required to Be An Equal Opportunity Employer
For more information on EEOC requirements, please go to the Equal Employment Opportunity Commission website.