|
|
EEO/Affirmative Action Compliance Obligations For Federal Contractors
and Subcontractors
We provide our clients with a detailed list of compliance obligations,
as well as guidance in meeting each of them. The following brief
summary is not intended to constitute legal advice, nor is it necessarily
thorough or exhaustive. Every company's situation is unique. You
are encouraged to contact your legal counsel regarding corporate
obligations under applicable federal and state equal opportunity
laws.
REPORTS
- Develop and maintain annual Affirmative Action Plans (AAPs)
pursuant to:
a. Executive Order 11246: gender, race, religion, and national
origin
b. Section 503 of the Rehabilitation Act of 1973: disability
status
c. 38 U.S.C. 4212: Vietnam Era and special disabled veteran
status
- File an annual EEO-1 Report (for every company establishment)
with the Joint Reporting Committee and retain records. (Further
information about this report may be obtained at: www.mimdms.com/jrc.htm
.)
- File an annual VETS-100 Report (for every company establishment)
with the Department of Labor's Office of Veterans' Employment
and Training Service, and retain records. (For more information
see: www.vets100.cudenver.edu.)
- Upon receipt of the Office of Federal Contract Compliance Program's
(OFCCP's) Equal Opportunity Survey, respond to it. OFCCP has begun
surveying half of all contractor establishments each year. (See
the OFCCP's website for more information regarding the Survey:
www.dol.gov/dol/esa/public/ofcp_org.htm.)
NOTICES
- Post all required federal posters, including the OFCCP's "EEO
is the Law."
- Post your company's EEO policy, harassment policy and notification
of Family and Medical Leave Act.
OUTREACH & RECRUITMENT
- List employment openings with the state's employment services
(or America's Job Bank).
- Document all good faith efforts (i.e., posting jobs with women's/minorities'
organizations; participation in career fairs; corporate sponsorship
of or employee participation in community organizations -- especially
those involved in career development of women, minorities, disadvantaged
youth, veterans or the disabled; etc.).
- Include "We are an Equal Opportunity Employer" (or at a minimum,
"EOE") in every recruitment advertisement.
PERSONNEL ACTIONS
- Maintain race/gender data for all personnel actions, including
applicant flow, hires, promotions, transfers and terminations.
- Conduct Adverse Impact Analyses (for applicants/hires, promotions
and terminations) if your workforce has 100 or more employees.
- Be able to sort out and track all relevant resumes and applications
against each hire.
AUDITING
- Audit personnel files to ensure that confidential information
is retained separately from the "general" file accessible to managers.
- Maintain and audit I-9 (Employment Eligibility Verification)
Forms to ensure that:
- you have retained only those forms that are required to
be retained; and
- every one of those forms is completely and accurately filled
out by both the employee and company representative.
- Audit compensation and employment processes and procedures;
identify problems and remedy them.
- Review all physical and mental job qualification requirements.
If a requirement tends to screen out qualified disabled individuals
or veterans, ensure that the requirement is job-related and necessary
for the safe performance of the job.
- Review personnel procedures to determine whether they assure
thorough and systematic consideration of the job qualifications
of all applicants and employees who are known to be disabled individuals
or covered veterans for job vacancies filled either by hiring
or promotion, and for all training opportunities available.
RECORD RETENTION
- Retain all personnel and employment records according to timeframes
required by state and federal law.
- Retain all personnel records relevant to complaints, Compliance
Evaluations or enforcement actions until final disposition.
- Post-job offer, invite new hires to self-identify as individuals
with disabilities and covered veterans wishing to be considered
under the affirmative action program.
- Keep a readily retrievable file for each known disabled individual
or covered veteran. Document the reason(s) whenever a known disabled
individual or veteran is not selected for employment, promotion
or training.
- Retain records of all accommodations made to hire, promote,
train, transfer or otherwise improve the employment opportunities
of disabled and veteran employees.
OTHERS
- Communicate to management the company's Affirmative Action
goals and managers' responsibilities to implement the AAP and
prevent harassment of employees.
- Document the procedure for implementing religious accommodation.
- Notify contractors, vendors and suppliers of their compliance
obligations.
- Validate pre-employment tests. Ensure that pre-employment physicals
occur only after a job offer has been extended.
For more detailed information concerning the regulatory requirements,
please see the DOL/OFCCP
website.
|
|