Information and Answers you can trust
Quick, correct, up-to-date answers to EEO/AAP questions.
General EEO/AA
Affirmative Action Programs
OFCCP Audits
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Q: | How do we make our website application process accessible to individuals with disabilities? |
A: | The easiest and first thing to do is to put a contact name, number, and email address for applicants to contact if they need an accommodation in the application process. This notification should be prominently displayed on your career home page or job listing site. This individual/department must take applications over the phone, arrange to meet and assist an applicant, or arrange other accommodations requested. If an individual with a disability cannot apply using your online system, you must provide an alternative way for them to apply. Any kiosks for completing the application process must be accessible to individuals with a disability. Additional useful information on this topic can be found through the Partnership on Employment & Accessible Technology (PEAT) at http://www.peatworks.org/. |
Q: | How do I know if and when my company has to develop an affirmative action program? |
A: | In general, only those companies holding “contracts” with the federal government are required to develop affirmative action programs — or AAPs. However, for supply and service contracts there are three different sets of government regulations requiring written AAPs for three different types of programs. Each of the three have slightly different thresholds. For more information, please see Federal Contractor Obligations at a Glance.
In trying to answer this question for your particular company, a good place to start is with your Contracts Department or legal counsel. Read the fine print in your contracts and purchase orders. The answer will almost assuredly be there. Look for clauses that say something like … The parties hereby incorporate by reference the following clauses: 41 CFR §60-1.4(a); 41 CFR §60-300.5(a); 41 CFR §60-741.5(a). For supply and service contracts, the “contract” can either be direct with a federal government entity or as a subcontractor to a company that has the direct contract. Banks and credit unions are covered since they serve as a depository of Government funds (regardless of amount) and/or are covered by the Federal Deposit Insurance Corporation (FDIC) or National Credit Union Association (NCUA). Different rules and different AAP requirements exist for construction contractors — see 41 CFR §60-4. A short list of exceptions exist. In the end, this is a legal question — not an HR question — and the determination of your company’s status as a government contractor should be answered by counsel. Other information or tools that may be helpful: Affirmative Action Regulations for Executive Order 11246 |
Q: | What is the difference between an affirmative action program (AAP) and a diversity program? | |||||
A: | The simple answer is government regulation. Workplace affirmative action programs are governed by at least three sets of regulations issued by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). (Links to those three are provided below.) Diversity programs can be whatever a company wants them to be and are usually designed as organizational development tools to change the culture of a company in some way. While diversity programs are not covered by government regulations, they still must operate within the law and it is considered prudent to have them preceded by an organizational assessment. Since a self-critical analysis is actually part of an AAP, those organizations that have both types of programs will often use their AAP results as part of the assessment and reason for their diversity program. Here is a comparison of what the two types of programs must or can cover:
These links might also be helpful: |
Q: | How do I determine and then explain affirmative action goals to management? |
A: | As part of the Affirmative Action Plan for Minorities and Women, your workforce is examined to determine whether minorities or women are employed at a rate less than reasonably expected given availability in the recruiting areas for different jobs. If the number of minority or female incumbents is less than reasonably expected, you will set goals for hiring and promotions (and other placements) during the coming AAP year. For an example, please see Explaining AAP Goals to Managers. |