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In depth affirmative action1

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The actual FCCM. Federal contract compliance manual http://www.dol.gov/ofccp/regs/compliance/fccm/FCCM_FINAL_508c.pdf

The FCCM was NOT written to help federal contractors to figure out how to be in compliance, but was written to help the DOL compliance officers, when conducting an audit. See page 56-57, “..not measured by whether the contractor met its goals, but rather by whether the contractor made good faith efforts to do so..”

It states on Page 16:   “The FCCM does not create new legal rights or requirements or change current legal rights or requirements for federal contractors. The official sources for contractors’ compliance obligations remain Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended ; the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; OFCCP’s regulations at 41 CFR Part 60; and applicable case law.”

Every Federal Contractor is required to complete an annual Affirmative Action Plan for women and minorities in accordance with Executive Order 11246, as amended, and Title 41, Code of Federal Regulations, Part 60-1 (Equal Employment Opportunity of Government Contractors), Part 60-2 (Affirmative Action Programs of Government Non-Construction Contractors; also known as "Revised Order No. 4"), and Part 60-20 (Sex Discrimination Guidelines for Government Contractors).

The Affirmative Action Plan also requires special attention for covered veterans and persons with disabilities in accordance with the Rehabilitation Action of 1973, Section 503, as amended and Title 41, Code of Federal Regulations, Part 60-741 (Affirmative Action Program for Individuals with Disabilities), the Vietnam Era Veterans' Readjustment Assistance Act of 1974, Section 4212, as amended, and Title 41 Code of Federal Regulations, Part 60-250 (Affirmative Action Program for Disabled Veterans and Other Veterans).

It may sound complicated, but it really can be brought down to a manageable level, where compliance with good faith efforts is achievable. We take a look at each of these important sections and point to the actual Compliance Requirements.

This also changes how each contractor’s EOE Statement should read. An updated and fully compliant EOE Non-Discrimination Statement can be found here: http://www.minoritysuccess.us/new-mandates

 

Disability Rule: The Disability Rule applies to federal contractors and covered subcontractors with a contract of $10,000 or more. The affirmative action plan requirements, including the creation of affirmative action plans and solicitation of disability information, apply to contractors and covered subcontractors with a contract of $50,000 or more and 50 or more employees.

Veterans Rule: The Veterans Rule applies to federal contractors and covered subcontractors with a contract of $100,000 or more. Contractors and covered subcontractors with a contract of $100,000 or more and 50 or more employees must comply with the affirmative action plan requirements.

Paragraph 60-741.45 establishes: (a) Goal. OFCCP has established a utilization goal of 7 percent for employment of qualified individuals with disabilities for each job group in the contractor’s workforce, or for the contractor’s entire workforce ..  

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