Affirmative Action (AA) Compliance  

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
• 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 for a minimum of two years if your organization has at least 150 employees and $150,000 in contracts.  Organizations with less than 150 employees and $150,000 in contracts must maintain the data for one year.  Analyze this data for each job group by race and gender.
• 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-100 report annually (due September) with the U.S. Department of Labor, Office of Veterans’ Employment and Training Service and maintain copies of the report. 
• Keep copies of the Employment Eligibility Verifications Forms (Form I-9).
• Preserve evidence that employees have been notified of the Family and Medical Leave Act of 1993 (FMLA).
• Post the Equal Employment Opportunity Poster in a conspicuous place.
• Include an EEO tagline on all advertising. 

Let Workplace Dynamics be your Affirmative Action Consultants.  We have worked in the Affirmative Action arena since 1982 and have hands-on experience providing technical support in all areas of Affirmative Action compliance.

How can we help your company comply with the many AA laws?  We can:

• Develop your Affirmative Action Plans (AAPs) and assist you in the implementation of the plans and programs.
• Conduct the impact ratio analysis to determine adverse impact.  Where adverse impact occurs, conduct the standard deviation analysis.
• Prepare compensation/pay equity analyses.
• Conduct OFCCP mock audits and provide 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.
• Apply new OFCCP directives or laws to your employment practices, e.g. definition of an internet applicant.