Legally an affirmative action program is required when

May not require the hiring or promotion of unqualified individuals. Must be temporary, lasting only until the program's goals are achieved. Affirmative Action. You have successfully saved this page as a bookmark.

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Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Each nonconstruction contractor and subcontractor with 50 or more employees is required to develop a written Affirmative Action Program AAP for each of its establishments within days from the start of the federal contract, if it:. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way.

This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Does the government provide or sell publications that explain how to create an Affirmative Action Program? What is the correct procedure for a contractor to obtain the demographic information of its employees and applicants?

As a prime contractor, am I required to make sure that the vendors and suppliers with whom I am doing business develop a written AAP? Under Executive Order , when are federal contractors and subcontractors required to develop a written affirmative action program AAP? Back to Top Does the government provide or sell publications that explain how to create an Affirmative Action Program?

See 41 CFR 2. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Affirmative Action Frequently Asked Questions. If a contractor is not covered by the written affirmative action program AAP requirement, does it have any affirmative action obligations?

What types of affirmative action obligations are covered by written AAPs? May a contractor set quotas as a way to meet its affirmative action obligations? What if a contractor does not meet its affirmative action obligations? Are the affirmative action obligations OFCCP enforces similar to the affirmative action steps taken by some educational institutions to increase the racial diversity of their student bodies?

Back to Top If a contractor is not covered by the written affirmative action program AAP requirement, does it have any affirmative action obligations? Examples of affirmative action requirements that apply to all covered contractors include the following: Providing notice to applicants and employees that the contractor is an equal opportunity employer by using taglines in job advertisements.

General Employers who contract with the government or who otherwise receive federal funds are required to document their affirmative action practices and metrics. Brown v Board In Brown v. Board of Education , U. This decision acted as a precursor to many of the education-based affirmative action cases in the Supreme Court which followed in later years. Klutznick , U. Jackson Board of Education , U.

Paradise , U. Pena , U. Sandoval , U. Suders , U. Cline et al. Keywords RACE strict scrutiny discrimination affirmative action remedy racial discrimination employment employment law education law Civil Rights Act