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Affirmative Action

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1) What employers are subject to Affirmative Action plans and why ?

2) What happens if employers do not meet the goals of the Affirmative Action plan ?

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What employers are subject to Affirmative Action plans and why ?

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. What employers are subject to affirmative action plans and why?

Equal employment opportunity laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act do not require employers to create written affirmative action plans (AAPs). Generally, only certain federal contractors and subcontractors are required to create AAPs.

The three federal laws that require contractors to have written Affirmative Action Plans (AAPs) are Executive Order 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act. The requirements for written affirmative action plans apply to contractors or subcontractors with annual federal contracts totaling $50,000 or more and at least 50 employees. These contractors and subcontractors must create and implement Affirmative Action Plans (AAPs) annually.

Employers that are not specifically required by law to create Affirmative Action Plans (AAPs) should consider carefully whether to develop a formal Affirmative Action Plans (AAPs). The creation of a voluntary written plan may expose the employer to potential liability for reverse discrimination.

source: http://www.ppspublishers.com/articles/bulletin_affirmative_action.htm

Companies often ask, why were we selected? We don't have a federal contract. To answer that question, most need only review their own documents.

Each year, entities having at least 100 employees are obligated to complete an EEO-1 form. Question (C) (3) asks whether they have 50 or more employees and a federal contract for more than $50,000. If any one facility in the employer's organization answers yes, then coverage may be admitted for the entire employer. Moreover, the OFCCP's presumptive position is that every establishment with the same parent company is a covered contractor.

Compliance officers also use the Federal Procurement Data System, which lists contracts entered into ...

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Sandeep Bardia, MBA
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  • MBA, Rochester Institute of Technology
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