August 29, 2011
Employers and Affirmative Action Plans
Affirmative Action was first established in the 1960’s and introduced by President John
F. Kennedy in an effort to equalize african americans and women ...view middle of the document...
Affirmative action plans may be voluntary or court ordered, and the intention of such plans is to
give opportunities to a group that has been traditionally discriminated against.
Any Federal contractors and subcontractors with 50 or more employees and $50,000 or
more in government contracts during a 12-month period, are required to have an action plan, and
must include the steps in which the employer is taking to: designate EEO/AAP responsibility,
identify all problem areas, ensure that there are programs to focus on all problem areas, and
develop a system to monitor employment activities for any areas of disparate impact or treatment
among the protected groups.
The plan has three requirements First, it prohibits discrimination against anyone on the
basis of race, color, religion, sex, national origin, disability or veteran status. Second, it requires
contractors to engage in specific activities to ensure that employees and applicants are treated
without regard to their race, color, religion, sex, national origin, disability or veteran status.
Third, it requires a formal documented plan (affirmative action plan) be developed and updated
annually for each of the contractor’s establishments. If there is no plan in place, then employers
are required to adopt a plan through a court order, if no action is taken to correct the problem
then the employer could be prosecuted. “If you are investigated by the OFCCP and found to be
out of compliance with these affirmative action requirements, it can result in contract
cancellation, termination, or suspensions, as well as back pay for workers who were
discriminated against. In addition, you may be declared ineligible to participate in government
contracts in the future.(,2001 )”
According to (n.d.), “Effective affirmative action plans contain appropriate disclaimers
and language to help prevent expensive legal problems, are written in clear reasonable language,
include legally required narratives and statistics, meet the requirement of federal law but also
meet the content and format preferences of the OFCCP Region and contains exhibits that are
frequently requested during an audit” (Affirmative Action Plans, para. ).
The programs are generally meant to eliminate discrimination and the effects that they
have on the employees.
Affirmative Action does not require an employer to hire a person who...