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Affirmative Action (AA) & OFCCP Compliance

The staff of OutSolve, with the involvement of Debra Milstein Gardner as a consultant, can assist government contractors and subcontractors with the full scope of affirmative action services, including:

  • Developing your Affirmative Action Plans (AAPs) and assisting you in the implementation of the plans and programs.
  • Conducting the impact ratio and standard deviation analyses to identify indicators of potential bias.
  • Performing OFCCP mock audits and providing OFCCP audit assistance, including: (a) reviewing, analyzing, and preparing all support data required for the OFCCP desk audit submission, (b) acting as a liaison between your company and OFCCP, and (c) preparing responses to additional OFCCP requests.
  • Guiding you toward compliance with the revisions to Section 4212 (VEVRAA) and Section 503 rules, OFCCP directives, executive orders, and other OFCCP guidance.

To see a list and read articles on various affirmative action topics written by Debra Milstein Gardner, click here and scroll down below Debra's bio.

The Office of Federal Contract Compliance Programs (OFCCP) has oversight responsibility for the three Affirmative Action regulations that apply to federal contractors:

  • Executive Order 11246, as amended
  • Section 503 of the Rehabilitation Act of 1973, as amended (revised rules released on August 27, 2013)
  • Section 4212 - Veterans Era Readjustment Assistance Act of 1974, as amended (VEVRAA) 

To maintain compliance with Affirmative Action requirements, your organization is required to:

  • Develop and annually update Affirmative Action Plans (AAPs) to support the three regulations identified above.
  • Maintain personnel activity data on applicants, hires, promotions, transfers, and terminations. Analyze this data for each job group by specific racial group, gender, veteran and disability status.
  • If your organization has more than 100 employees, annually conduct the adverse impact analysis on the personnel activity data.
  • Preserve all personnel records relevant to complaints, compliance evaluations or enforcement actions until final disposition.
  • Post all job vacancies that remain open more than three days, below the executive level, with the state employment service.  Maintain records to verify these postings.
  • File the EEO-1 report annually (due September) with the Joint Reporting Committee and maintain copies of the report.
  • File the VETS-4212 report annually (due September) with the U.S. Department of Labor, Office of Veterans’ Employment and Training Service and maintain copies of the report. 
  • Post the Equal Employment Opportunity is the Law Poster, the OFCCP Supplement to the EEO is the Law poster, and the Pay Transparency Nondiscrimination provision on OFCCP's letterhead for access by employees and applicants.  
  • Include the Pay Transparency Nondiscrimination Provision on your company letterhead in your employee handbook/policy manual.
  • Include an EOE tagline on all advertising and solicitations. 
  • Add the EEO clause to all contracts and purchase orders.
To learn more about the jurisdictional thresholds for each regulation, refer to OFCCP's new infographic. 
Executive Order 11246, as amended – prohibits discrimination and requires affirmative action to ensure that all employment decisions are made without regard to race, color, religion, gender or national origin.

Section 503 of the Rehabilitation Act of 1973, as amended – prohibits discrimination and requires affirmative action in the employment of qualified individuals with disabilities (IWD).

Veterans Era Readjustment Assistance Act of 1974, as amended (VEVRAA) prohibits discrimination against protected veterans and requires affirmative action in the employment of such veterans.


1-18-17JPMorgan Chase & Co being sued by DOL for discriminatory pay practices against female employees, following an OFCCP audit.

1-12-17LexisNexis Risk Solutions to pay over $1.2m in back pay and interest to resolve allegations of pay discrimination

1-9-17Southern Glazer's Wine and Spirits of LA will pay $175k to resolve OFCCP claims that it systemically discriminated against black applicants.

12-20-16 - Hormel Foods to pay $55k in back wages to 403 female applicants after OFCCP finds hiring discrimination.