(c) Appropriate measures. Measures taken as part of an affirmative action plan or programme must be proportionate to the problems identified by the self-analysis. Such appropriate measures may include targets and timetables or other appropriate employment instruments that recognise the race, gender or national origin of applicants or personnel. This may include the adoption of practices that eliminate actual or potential negative effects, differential treatment, discrimination or discrimination in the past by providing opportunities for members of excluded groups, regardless of whether the beneficiaries have themselves been victims of previous policies or procedures that caused the negative effects or treatment, or who: Have maintained discrimination in the past. Many employers mistakenly believe that they must have a subsidy program to meet the requirements of federal and state equal opportunity laws. While laws prohibit unlawful discrimination against applicants and employees on the basis of race, gender, age, disability, or national origin, they generally do not require formal subsidy programs. Employers generally implement formal incentive programs as a condition of doing business with the federal government. Affirmative Action and Persons with Disabilities – Explains why persons with disabilities should be included in affirmative action programmes and what the contractor`s obligations are to promote actions related to the awareness and recruitment of persons with disabilities. (2) Determination of the reasoned grounds. Where an affirmative action plan or program is alleged to contravene Title VII, or is invoked as a defence to an allegation of discrimination, the Commission investigates the charges in accordance with its normal procedures and standards set out in these guidelines, whether or not the analysis and plan are in writing. However, the absence of a written self-analysis and a written affirmative action plan or program may make it more difficult to provide credible evidence that the analysis was conducted and that actions were taken in accordance with an analysis-based plan or program.
The Commission therefore recommends that these analyses and plans be carried out in writing. i) The plan should be adapted to address the problems identified in the self-analysis (see Article 1608(4)(a) above, and to ensure that employment systems function fairly in the future, avoiding unnecessary restrictions on opportunities for the workforce as a whole. The provisions of the plan or programme relating to race, gender and origin should be maintained only as long as necessary to achieve these objectives. Funding programs are complex to create. Most employers do not choose to implement such programs unless they become mandatory. An affirmative action plan consists of statistical analyses of an employer`s use (or underutilization) of persons belonging to specific protected categories, such as women, veterans, minorities and persons with disabilities. An affirmative action plan will also include information on measures taken to improve the representation of these types of people in the workplace. Affirmative action includes training programs, public relations and other positive measures.
These procedures should be included in the company`s written personnel policy. Employers with written subsidy programs must implement, retain and update them annually. No. While OFCCP seeks to increase the diversity of federal contractors through the variety of affirmative action commitments described above, the commitments it applies are completely different from the concept of affirmative action implemented by some post-secondary institutions in their admissions processes. Unlike the positive steps taken by many post-secondary institutions, OFCCP does not allow the use of race to be considered as one factor among others in the application for hiring, employment, or personnel decisions, as racial preferences of any kind are prohibited by OFCCP-administered authorities. See 41 CFR 60-1.4(a), 60-300.5(a), and 60-741.5(a). The OFCCP therefore does not permit the use of race as a factor in contractor employment practices to achieve workforce diversity, whether through the use of race as one factor among others to achieve a “critical mass” of representation of underrepresented minorities, or through direct numerical quotas or set-aside. See, for example, Fisher v. University of Texas, 136 pp. Ct. 2198, 2214-15 (2016); Grutter v. Bollinger, 539 U.S.
306, 330-31 (2003); Regents of the University of California v. Bakke, 438 U.S. 265, 324 (1978). OFCCP`s affirmative action rules explicitly prohibit the use of quotas or set-aside, provide no legal justification for a contractor to grant preferences based on protected status, and do not replace service selection principles. See 41 CFR 2.16(e). Employers who meet the above criteria for a mandatory CIP must not only have a written and up-to-date plan, but also adhere to a method prescribed by the OFCCP to document recruitment and hiring, as well as to track and analyze employment data and compensation. An affirmative action plan or programme under this section shall contain three elements: sound self-analysis; an adequate basis for the completion of actions is appropriate; and reasonable measures. No, OFCCP rules do not allow quotas, preferences, or set-aside.