Education & Affirmative Action
Executive Order 11246 is required in order to be a depository for Federal Funds or a Federal Contractor / Sub contractor. Educational entities need to keep an Affirmative Action Plan and tracking of their Good Faith Efforts and make sure this is updated on an ANNUAL BASIS. The Standard Compliance Evaluation Report, otherwise known as the SCER form is used during the Department of Labor Desk Audits. In order to complete all sections External Outreach Efforts must be met. See the Letter from Department of Labor / OFCCP regarding Districts and EO 11246 Obligations.
Thank you for your email asking if the Standard Compliance Evaluation Report (SCER) form is used to evaluate school districts compliance.
The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity mandates: Executive Order 11246, as amended (Executive Order); Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). These mandates prohibit federal contractors and subcontractors from discriminating based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, in certain circumstances, the pay of their co-workers.
Unfortunately, the limited information in your email precludes us from providing a specific response to your question.
Generally speaking, the answer is yes, the SCER is the tool used by compliance officers to establish the framework for and to document the results of an OFCCP compliance evaluation.
For more information about the SCER, please refer to the Federal Contract Compliance Manual (FCCM) on our Web site at. Click Here
As indicated above, OFCCP’s jurisdiction extends to any business or organization, including public school systems, that have federal contracts, subcontracts and/or federally assisted construction contracts. Accordingly, a school might be subject to one or more of the laws enforced by OFCCP if it: • holds a single federal contract, subcontract, or federally assisted construction contract of more than $10,000.00; • has federal contracts or subcontracts with a combined total of more than $10,000.00 in any 12-month period; or • holds government bills of lading, serves as a depository of federal funds, or is an issuing and paying agent for U.S. savings bonds and notes in any amount. of the state or local government that participates in work on or under the federal contract or subcontract. For more information about OFCCP’s compliance evaluations and jurisdiction, please visit our regulations at 41 Code of Federal Regulations (CFR) Chapter 60 online at Click Here
If you need more information about OFCCP or any issue related to nondiscrimination and affirmative action obligations of federal contractors and subcontractors, you can:
1A11 EDUCATIONAL INSTITUTION EVALUATIONS
If an educational institution holds a federal contract, it may be scheduled for a compliance evaluation…..
Educational institutions have the same obligation as other contractors to prepare and maintain AAPs and submit them along with Itemized Listing data when scheduled for a compliance evaluation.
Patricia A. Shiu, OFCCP Director: A community college with a federal contract of $10,000 or more is generally covered by OFCCP’s regulations. If you have any further questions, please visit our website and review our Supply & Service Technical Assistance Guide at: Click Here
Patricia A. Shiu, OFCCP Director: Cheryl, there are a variety of ways to document good faith efforts. The most important thing is to ensure that you have complete and accurate documentation (e.g. emails, letters of confirmation, job postings, etc.). OFCCP regulations and technical guides have more detailed information : Click Here
According to the AAP laws, the Department of Labor wants to see External Outreach listed in your plan as well as listed recruitment organizations you are working with to target Veterans, Disabled, Minorities & Women. These outreach efforts require copies of job postings, and proof of External publications. MS Affirmative Action provides unlimited access to the board so that you can post every opening you have with a known Minority Job board. AAP guidance is provided via Compliance Road Map & designated Specialist. See the following 15 Sections from the DOL AAP Table of Contents.
Table of Contents
- Policy Statement on Equal Employment Opportunity for Individuals with Disabilities [41 CFR 60-741.44(a)]
III. Review of Personnel Processes [41 CFR 60-741.44(b)]
- Review of Physical and Mental Job Qualification Standards [41 CFR 60-741.44(c)]
- Reasonable Accommodation [41 CFR 60-741.44(d)]
- Anti-Harassment Procedures [41 CFR 60-741.44(e)]
VII. External Dissemination of Policy [41 CFR 60-741.44(f)]
VIII. Outreach and Positive Recruitment [41 CFR 60-741.44(f)]
- FCI’s Outreach and Positive Recruitment Activities
- Future Assessment of External Outreach and Recruitment Efforts [41 CFR 60-741.44(f)(3)
- Internal Dissemination of Policy [41CFR 60-741.44(g)]
- Audit and Reporting System [41 CFR 60-741.44(h)]
- Supporting Data
- FCI Self-Audit (Conducted on 12/15/2014)
- Personnel Activity
- Applicant Flow Logs
XII. Responsibility for Implementation of AAP [41 CFR 60-741.44(i)]
XIII. EEO and Affirmative Action Training [41 CFR 60-741.44(j)]
XIV. Applicant and Hiring Data [41 CFR 60-741.44(k)]
- Utilization Analysis [41 CFR 60-741.45(d)]
- Job Groups [41 CFR 60-741.45(d)(2)]
- Utilization of Individuals with Disabilities
- Identification of Problem Areas and Action-oriented Programs