Affirmative Action Programs

Smith & Christensen, PLLC, drafts OFCCP-compliant affirmative action programs (AAPs).  These programs meet all legal requirements, subject to the information provided by the cooperative.  Our AAPs have stood the test of full-blown audits in various regions throughout the United States.  We can also provide assistance through the audit process. 

Affirmative Action Programs need to satisfy OFCCP requirements but, inevitably, they are also litigation exhibits.  Therefore, Smith & Christensen, PLLC, treats them as such -- providing the care, accuracy and legal review necessary for such important records.

Unlike many providers, our team does not simply drop the Cooperative’s raw data into a software program and then generate a report without any review for accuracy.  Instead, drawing on decades of industry experience and service to Cooperatives throughout the nation, our paralegals carefully analyze your data to ensure that

  • job titles are placed in the most appropriate EEO-1 job groups;

  • all new hires, terminations, and promotions are properly accounted for; and

  • all feeder group data is as up-to-date and accurate as possible.

This experienced and consultative approach helps ensure the Cooperative’s AAPs are OFCCP-compliant and accurately reflect the Cooperative’s employment practices while also minimizing the risk of surprises and citations for technical violations during an OFCCP compliance review, or worse, problems with a litigation exhibit.

Finally, every AAP receives legal review before delivery to the client and we stand ready to consult on the latest legal and litigation developments in this field.

Frequently asked questions about AAPs: 

Who is required to have an Executive Order 11246 Affirmative Action Program (AAP) for minorities and women? 

The law requires that every non-construction (supply and service) contractor and subcontractor develop and maintain a written AAP for each of its establishments, if the contractor:

• has 50 or more employees, and 

• has a federal contract or subcontract for the purchase, sale or use of personal property or non-personal services totaling an amount of $50,000 or more.  

For affirmative action purposes, "non-personal services" is defined very broadly.  The definition includes, but is not limited to, utilities, construction, transportation, research, insurance, and funds depository.

In determining whether your Cooperative needs an AAP, also keep in mind that sale of power to or purchase of power from (either directly or as a first-tier subcontractor) federal agencies such as the Tennessee Valley Authority, Southeastern Power Administration, Southwestern Power Administration and Western Area Power Administration is considered a government contract for affirmative action purposes.

What are the core elements of an AAP for Minorities and Women?

The AAP must include the following quantitative analyses:

  • organizational profile;

  • job group analysis;

  • placement of incumbents in job groups;

  • determination of availability;

  • comparison of incumbency to availability (utilization analysis);

  • placement goals; and

  • impact ratio analyses for new hires, promotions, and terminations.

Section 503 AAP 

Under Section 503 of the Rehabilitation Act of 1973, as amended, business with a federal contract of more than $15,000* must not discriminate against qualified individuals with disabilities on the basis of the individual’s physical or mental disability in all employment practices and must take affirmation action to employ and advance in employment individuals with disabilities.  Companies with 50 or more employees and a federal contract of $50,000* or more must also develop written Section 503 AAPs and update them annually.

VEVRAA AAP 

Under the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended (VEVRAA), businesses with a federal contract of $150,000* or more must not discriminate against qualified individuals based on their status as a protected veteran in all employment practices and must take affirmative action to employ and advance in employment protected veterans.  Companies with 50 or more employees and a federal contract of $150,000 *or more must also develop written VEVRAA AAPs and update them annually. 

*The Federal Acquisition Regulation Council (FAR Council) periodically reviews these dollar threshold amounts and may adjust for inflation.

Who monitors compliance with affirmative action regulations?

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) monitors contractors' and subcontractors' compliance with the regulations through the use of compliance reviews.