Contributed by Heather Bailey
Any federal government contractor or subcontractor can testify to how much work really goes into complying with Affirmative Action obligations. Here is just a quick, non-exhaustive checklist to highlight many of your affirmative action to-dos:
- Are you “listing” your job openings with the nearby unemployment agencies?
- Are you asking your job applicants to self-identify their gender, race, veteran status and whether they are disabled or not?
- Are you asking those individuals that you have given an offer of employment to self-identify again their veteran status and whether they are disabled or not?
- Did you perform your annual compensation review to determine any pay disparities among employees in the same job groups and titles?
- Did you file your EEO-1?
- Did you file your VETS-4212 form?
- Did you update and post your affirmative action policy statement for employees and applicants to see?
- Did you have a refresher course with management and those employees in charge of hiring on the importance of affirmative action and their obligations in hiring and managing the workforce?
- If you are a contractor who hires subs to work on federal government work, did you include the requisite EEO and affirmative action compliance language in your agreement with your sub?
- Did you update your annual affirmative action plan?
It’s best to seek guidance from your employment labor counsel to ensure you are in compliance with all affirmative action requirements. Waiting until the OFCCP audit letter comes may be too late.
Contributed by Heather Bailey
The EEO-1 Report, which is also known as the “Employer Information Report,” is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted to the EEOC and the preferred method of submission is via their electronic web-based survey system you can find on-line at http://www.eeoc.gov/employers/eeo1survey/index.cfm.
First, you need to determine if you are a covered employer who must report:
Standard Form 100 (EEO-1) must be filed by —
A. All private employers who are:
- subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING state and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations;
- subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
B. All federal contractors (private employers), who:
- are not exempt as provided for by 41 CFR 60-1.5 (seek counsel’s advice),
- have 50 or more employees, and
- are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
- serve as a depository of government funds in any amount, or
- is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
Only those establishments located in the District of Columbia and the 50 states are required to submit Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American protectorates.
Second, you need to collect your data. You must use employment numbers from any pay period in July through September of that year. Besides gender, you will need to tally your employees in the following racial/ethnic categories:
- Native Hawaiians/Other Pacific Islanders;
- American Indians/Alaskan Natives; or
- Those who are 2 or more races.
And the following job groups:
- Officials and managers is now split into Executive/Senior Level and then First/Mid Level;
- Sales Workers;
- Administrative support workers;
- Craftsmen (skilled);
- Operatives (semi-skilled);
- Laborers and helpers (unskilled); or
- Service workers.
Lastly, you need to file with the EEOC annually by no later than September 30!
For more information, see the EEOC’s Instruction Booklet and Sample EEO-1 Report at http://www.eeoc.gov/employers/eeo1survey/2007instructions.cfm and http://www.eeoc.gov/employers/eeo1survey/.