Affirmative Action Planning: Federal

Author: Peter S. Saucier, Kollman & Saucier, PA

Summary

• Some employers take upon themselves the obligation to try to bring about a more equal representation for a protected class of workers. In other cases, governments step in to try to accomplish the intended ends. In either case, being informed about the legal standing of affirmative action efforts and the mechanics of preparing a proper affirmative action program is indispensable. See The Law of Affirmative Action.
• The Supreme Court ruled long ago that all persons are protected against discrimination, including whites and men. Affirmative action planning must not step over the line into discrimination against the majority. Planning is an important third word in the title of this Section. Absent careful planning, trouble is almost sure to follow any employer who undertakes affirmative action efforts. See Affirmative Action Planning Components Under Executive Orders.
• Affirmative action planning as a requirement of contracting with the government arises under Executive Orders for race and sex. Meanwhile, planning for individuals with disabilities and veterans stems from legislative action.
• The federal government actively oversees affirmative action planning through the Office of Federal Contract Compliance Programs (OFCCP), a branch of the Department of Labor. The OFCCP conducts audits and undertakes enforcement of legal obligations. See OFCCP Audits.
• Affirmative action employers that fail to keep good track of applicant flow for job openings do so at their peril. See Recordkeeping and Data.