Affirmative Action Compliance

HR Resource
March 8, 2013 — 2,070 views  
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‘Affirmative Action Compliance’ can be referred to as a program that establishes guidelines to promote equality at a workplace. The emphasis is on maintaining an equal and fair workforce at the workplace. The guidelines will have to be strictly adhered to at the time of service and recruitment. The affirmative action, covering an employer must be reviewed and revised timely. At the time of annual review, necessary actions should be taken in case of any discrepancies.

Who is it for?

Every non-exempted government employee should have an affirmative action compliance clause as a part of the agreement with the government. The clause would state that the employees and applicants are subjected to fair treatment irrespective of their religion, race, origin, disability or gender. The OFCCP or the Office of Federal Contract Compliance Programs, is required to conduct a self-analysis test for the government contractors every year to identify any wrong practices followed that indicate any sort of discrimination at the workplace.

How can Companies Comply?

The contractor or sub-contractor would first need to have an affirmative action in place:

  • For obligatory purpose, the contractor would be required to keep a track and analyze the employment data for each employee. This includes hiring, terminations, list of applicants, and promotions. This would further include maintaining a track of the compensation benefits provided, management and training imparted, and recruitment of the skilled professionals that have taken place at the workplace.
  • To make the whole task more streamlined, the contractors could prepare a detailed organizational chart of the company as a part of the affirmative action plan. The hierarchy, departments, and reporters need to be tracked. The executive positions will have to be maintained most importantly.
  • A detailed report of the gender and race of every employee filling various positions in the organization needs to be maintained. This information would be available in the employee's application form which the HR department must carefully maintain for every employee. Any missing details should be dealt with immediately since affirmative action can be taken against the same.
  • Annual affirmative action targets or goals will have to be set by the company to make the task simpler. Every employee in the workplace must understand the importance of the policy.
  • Documenting the details is a wise decision. All the employment actions, most importantly, terminations need to be specified in a document which clearly indicates the reasons for termination or any other actions that have been taken. The documentation should be taken very seriously and should be updated consistently.

The Implications in Case of Non-Compliance

The OFCCP has the authority to take serious action against any organization to resolve problems arising due to non-compliance of the affirmative action. They can issue a compliance evaluation closure letter stating that a violation was found and that corrective measures will have to be taken immediately. In this scenario, the contractor would have to furnish a conciliation agreement that he/she promises to undertake an action immediately to correct the violation.

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