Frequently Asked Questions
No! We are an Affirmative Action compliance firm. We help thousands of organizations to stay in compliance with their Good Faith Efforts, as required in the latest FCCM (October, 2014). We are an independent organization that provides solutions and services for your Good Faith Efforts and Minority Outreach obligations, at discounted rates for small and medium sized organizations.
E.O. 11246-EEO: “The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment…”
Executive Order 11246, Sec.203.b: “Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.”
Attorneys and in-house council can interpret the law, but they can not cover your Good Faith Efforts or outreach requirements for you. Each contractor is required to appoint an executive in their organization that will be responsible for the implementation of the AAP. Your organization is required to show proof of an ongoing Good Faith Effort in outreach on a nationwide basis, compliance with record keeping regulations and data collection for every job opening and applicant. You will not be measured by whether you met the goals of your AAP, but rather by whether you made a good faith effort to do so. We would be glad to speak with your attorneys and explain the new mandates, so that they can recommend the correct course of action for you.
The Federal Contract Compliance Manual, (FCCM), states: 2E01 ADDITIONAL REQUIRED ELEMENTS OF AN EO 11246 AAP The onsite review must include an assessment of the additional elements required in the EO 11246 AAP. The additional elements COs must examine are the designation of a responsible person for the AAP, ……• Designation of Responsibility for the AAP. The contractor’s appointment of a person to be responsible for implementing the AAP must be an executive who has the authority and resources to ensure that the AAP is put into practice. COs must obtain a copy of the responsible official’s position description to ensure that it includes implementing the AAP. During the interview, the official responsible for the AAP’s implementation must describe how the specific provisions of the AAP are implemented. The roles of the interviewed officials in developing and implementing the AAP must be the same as specified in the written AAP. If they are not the same, COs must ask the contractor for an explanation.From the ecfr, electronic code of Federal Regulations, §60-741.44:(i) Responsibility for implementation. An official of the contractor shall be assigned responsibility for implementation of the contractor’s affirmative action activities under this part. His or her identity should appear on all internal and external communications regarding the company’s affirmative action program. This official shall be given necessary senior management support and staff to manage the implementation of this program.
If you are already work with someone, congratulations! However, we would like you to take our self-audit, to ensure that you are really covering some of the most important aspects of compliance. You can visit our self audit pages here: https://minoritysuccess.us/mandates/self-audit/
Equal employment opportunity prohibits discrimination against anyone. Its primary objective is to ensure that all applicants and employees, regardless of their protected characteristics(color, race, religion, sex, etc.) have a fair opportunity in the hiring process and in competing for promotion and have equal access to educational training and professional development opportunities. Equal employment opportunity is a passive principle which requires only fairness in treatment. Affirmative action goes beyond non-discrimination. Whereas equal opportunity is passive, affirmative action is deliberate constructive action. The general premise underlying affirmative action is that absent discrimination, over time an employer’s workforce, generally, will reflect the gender, racial, and national origin/ethnicity profile of the labor pools from which the employer recruits and hires its employees. Affirmative action attempts to compensate for past discriminatory practices by requiring federal contractors to engage in “good faith efforts” to expand outreach and recruitment of women, minorities, persons with disabilities and protected veterans, thereby making them aware of employment opportunities and providing access to be able to pursue such opportunities.
Here are the FAQs from the Office of Federal Contract Compliance Programs.
The spirit of Affirmative Action laws is the idea that everybody will embrace diversity and take steps to reach out to Minorities. Bidders on federal contracts that have a history of Good Faith Efforts and Minority Outreach, even without a written Affirmative Action Plan, often receive preferential treatment in the bidding process. The law requires that you have an affirmative action plan within 120 days from the start of your federal contract, see here:
Free posters from the OFCCP can be found here:
http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm Affirmative Action requirements are more complex than just posters. We guide you through the new mandates, provide you with the Road Map to Compliance to help you navigate the forms and reports, and most importantly provide you with a third party minority Media for external dissemination, as well as unlimited job postings on minority media.
There are too many to list but here is a start: Policy Statement- Equal Employment Opportunity 60-300.44(a) for Individuals with Disabilities and Protected Veterans 60-741.44(a) Review of Personnel Processes 60-300.44(b) 60-741.44(b) Review of Physical and Mental Job Qualifications 60-300.44(c) 60-741.44(c) Reasonable Accommodation 60.300.44(d) 60-741.44(d) Harrassment Prevention 60-300.44(e) (and Prohibition Against Retaliation) 60-741.44(e) External Dissemination of EEO Policy 60-300.44(f) 60-741.44(f) Internal Dissemination of EEO Policy 60-300.44(g) 60-741.44(g) Audit and Reporting System 60-300.44(h) 60-741.44(h) Establishment of Responsibility for AAP Implementation 60-300.44(i) 60-741.44(i) Training to Ensure AAP Implementation 60-300.44(j) 60-741.44(j) Sample Invitation to Self-Identify 60-300.42, 60-741.42 You can review all of these at ecfr.gov, simple search, enter the section number above… In addition to the above, the mandates listed in the 537 page FCCM go into more detail of what an OFCCP compliance officer will be looking for when auditing a federal contractor. You can download and review the latest version of the FCCM here: http://www.dol.gov/ofccp/regs/compliance/fccm/fccmanul.htm
More info from the OFCCP can be found here:https://www.dol.gov/agencies/ofccp
The OFCCP is responsible to ensure that federal contractors comply with all regulations concerning affirmative action. Here are a few contractors that didn’t make an effort to stay in compliance:
The FCCM can be found here: http://www.dol.gov/ofccp/regs/compliance/fccm/fccmanul.htm
We are a woman owned company and since 1990 we have helped thousands of organizations nationwide to fulfill their affirmative action obligations. We provide discounted low prices for small and medium sized organizations, on the same platform that our large enterprise clients utilize. We put our clients in a position where they can do most of the work themselves, save money, and be able to describe their efforts in case of an audit.
We help our clients cover their requirements for internal dissemination along with identifying the person responsible for their Affirmative Action Plan. We externally disseminate the proper EEO Non Discrimination Statement in Minority Success. We also provide a nationwide Job Board to help you with your Outreach and Good Faith Effort requirements. Our Road Map to compliance is a step-by-step guide that helps you with your outreach efforts to women, minorities, veterans and individuals with disabilities, shows you the record keeping requirements, helps you prepare for an audit and many other issues. We also provide you with a certificate that identifies us as your third party, assisting you with minority outreach. We further help you with 1E02, 1H07, 1L02, 2E02, 2F00, 2G00, 2M01, 3I02, from the FCCM, to name just a few. Then there are the updates as well as a free consultation, where we provide in-depth background from federal laws as well as answers sourced from the OFCCP, instead of costly lawyers.
Of course you could. If you have the staff, time, budget and expertise, you can study the 537 page FCCM, Executive Order 11246 and related executive orders as well as Title 41 60-741, and then you can start from scratch. However, you still need a third party Minority Media and the cost for that alone is often several times higher than our complete service package. Our clients recognize the advantage that we provide, at a far lower cost than they could ever hope to have in-house. We are committed to helping and educating our clients.
We would be glad to take you to our self-audit to find out if you are familiar with affirmative action obligations. Please click here: https://minoritysuccess.us/mandates/self-audit/
Are you registered on SAM.gov to become a federal contractor? If you do, you should prepare for the time when you do become a contractor. Our free consultation will be a great help to you.Once you have a federal contract assigned to you, you only have 120 days to develop an affirmative action plan. The spirit of Affirmative Action laws is the idea that everybody will embrace diversity and take steps to reach out to Minorities. Bidders on federal contracts that have a history of Good Faith Efforts and Minority Outreach, even without a written Affirmative Action Plan, often receive preferential treatment in the bidding process.
- References in subcontracts and purchase orders to any FAR clauses, which start with 52.2XX-XX (e.g., FAR 52.333-26, “Equal Opportunity”).
- References in subcontracts and purchase orders to any Department of Defense FAR Supplement (DFARS) clauses, which start with 252.2XX-XXXX, or other agency supplemental clauses (e.g., clauses from the FDIC Acquisition Policy Manual, General Services Administration (GSA) Acquisition Manual, United States Postal Service (USPS) Supplying Principles and Practices, etc.).
- Reference to a Defense Priorities & Allocations System Program (DPAS) rating. These are DX or DO ratings, usually followed by a combination of letters and numbers and accompanied by a statement along the following lines: “This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
- Requirements to comply with the International Traffic in Arms Regulations (ITAR). There may also be references in drawings belonging to the customer or specifications the company receives from its customers that the documents are export-controlled or subject to an ITAR classification.
- Requirements to comply with Executive Order 11246, contained in 41 C.F.R. §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), which may be accompanied by the following statement: “These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.”
- References in a subcontract or purchase order to a customer’s U.S. Government prime contract or an expressed statement that your company’s subcontract or purchase order is issued in support of a U.S. Government prime contract or higher-tiered subcontract.
We understand the budget crunch that everybody feels at some time. However, the reality is that you can’t afford not to do this. The fines and possible cancellation of your federal contract is much more severe and far more expensive than our discounted rates, which allow you to use the same platform as our Fortune 500 clients. In the FCCM under 1R01, Reasons to proceed with onsite review: …failure to provide a completed AAP…. Such an onsite compliance review could cost your organization far more than our services, which can help you avoid an audit.
According to the FCCM, 2E01, the executive in charge of the AAP shall have the authority and resources… you should also have senior management support to implement your AAP. The discounted cost of our services is minuscule compared to the fines or loss of funding. We can help accommodate your budget. The most important thing is to find a way to get into compliance.
Most progressive organizations realize the value of diversity. More importantly, they understand that if they hope to get a government contract in the future, that may grow their company, being able to show a history of Good Faith Efforts and Minority Outreach can be instrumental and beneficial from the start of the government approval process. Technically, if you have less than 50 employees and less than $50,000 in federal funding , you do not need to have an AAP. In reality, we found that most contracts go to organizations that can show a history of Good Faith Efforts and an understanding of affirmative action obligations.
We understand and we will work with you, but it is important that you review 2E01, which states that the organization shall have an executive with the authority and resources to implement their AAP… It can be awkward to ask your boss for more authority, budget and approval. That’s why we offer a free conference call with a senior specialist. That way we can bring up the point that you have to have more authority and that you are supposed to have the full support of senior management to implement your AAP, as you see fit. “COs must obtain a copy of the responsible official’s position description to ensure that it includes implementing the AAP.” If an organization does not have a designated executive in charge of the implementation, it can be considered a violation of Executive Order 11246.
Yes. Executive Order 11246 applies to all agencies that meet the threshold of 50 employees or more and $50,000 in funding. See here: http://www.dol.gov/ofccp/regs/compliance/faqs/juristn.htm#Q2 However, except for universities and medical facilities, a State or local government agency, instrumentality, or subdivision that has a Government contract is exempt from the requirement to develop and maintain a written affirmative action program. You may not need to have a written plan, but you still need to comply with all other requirements, such as outreach, good faith efforts, internal and external dissemination and many others.
If you have a contract with any organization in the United States, and your contract refers to any of the following, you are a subcontractor of a federal contractor, and thus, you are required to abide by Executive Order 11246:
- References in subcontracts and purchase orders to any FAR clauses, which start with 52.2XX-XX (e.g., FAR 52.333-26, “Equal Opportunity”).
- References in subcontracts and purchase orders to any Department of Defense FAR Supplement (DFARS) clauses, which start with 252.2XX-XXXX, or other agency supplemental clauses (e.g., clauses from the FDIC Acquisition Policy Manual, General Services Administration (GSA) Acquisition Manual, United States Postal Service (USPS) Supplying Principles and Practices, etc.).
- Reference to a Defense Priorities & Allocations System Program (DPAS) rating. These are DX or DO ratings, usually followed by a combination of letters and numbers and accompanied by a statement along the following lines: “This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
- Requirements to comply with the International Traffic in Arms Regulations (ITAR). There may also be references in drawings belonging to the customer or specifications the company receives from its customers that the documents are export-controlled or subject to an ITAR classification.
- Requirements to comply with Executive Order 11246, contained in 41 C.F.R. §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), which may be accompanied by the following statement: “These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.”
- References in a subcontract or purchase order to a customer’s U.S. Government prime contract or an expressed statement that your company’s subcontract or purchase order is issued in support of a U.S. Government prime contract or higher-tiered subcontract.
