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.
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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. The plans consist of statistical analyses of the
employer’s "underutilization" of individuals from certain protected
classes and include the steps that will be taken to improve their
representation in the employer’s workforce. Separate Affirmative
Action Plans (AAPs) must be
created for women and minorities, Vietnam era and disabled veterans,
and disabled individuals. Although the plans must be written each
year, they do not have to be filed with the Office of Federal
Contract Compliance Programs (the agency that oversees the
contracts) until an audit is conducted.
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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. Accordingly, employers should
consult legal counsel before implementing a voluntary Affirmative
Action Plans (AAPs). For
further information on Affirmative Action Plans (AAPs) and federal contractor requirements, see
Equal Employment Opportunity, page 201:13, note 15.
Personnel
Policy Service, Inc.
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