41 C.F.R. § 60-1.40

Affirmative action programs

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(a)(1) Each nonconstruction (supply and service) contractor must develop and maintain a written affirmative action program for each of its establishments, if it has 50 or more employees and:

(i) Has a contract of $50,000 or more; or

(ii) Has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or

(iii) Serves as a depository of Government funds in any amount; or

(iv) Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.

(2) Each contractor and subcontractor must require each nonconstruction subcontractor to develop and maintain a written affirmative action program for each of its establishments if it has 50 or more employees and:

(i) Has a subcontract of $50,000 or more; or

(ii) Has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or

(iii) Serves as a depository of Government funds in any amount; or

(iv) Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.

(b) Nonconstruction contractors should refer to part 60-2 for specific affirmative action requirements. Construction contractors should refer to part 60-4 for specific affirmative action requirements.

[65 FR 68042, Nov. 13, 2000]

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 1972–2026 · leading case: John B. Johnson v. Univ. of Cincinnati, Joseph A. Steger, & Donald C. Harrison, 215 F.3d 561 (6th Cir. 2000).

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John B. Johnson v. Univ. of Cincinnati, Joseph A. Steger, & Donald C. Harrison, 215 F.3d 561 (6th Cir. 2000). · cites it 2× “See 41 C.F.R. § 60-1.40 ; Executive Order No.”

Chrysler Corp. v. Schlesinger, 412 F. Supp. 171 (D. Del. 1976). · cites it 4× “41 C.F.R. § 60-1.40 ; Stip. par. 4. In its AAP’s, Plaintiff is required to include a great deal of detailed employment information, both statistical and narrative in nature, concerning Plaintiff’s total, and minority and female, employment for each of Plaintiff’s specific,…”

O'Connor v. Chrysler Corp., 86 F.R.D. 211 (D. Mass. 1980). · cites it 2× “In essence, the regulations, specifically 41 CFR § 60-1.40 (a), require that each contractor who has 50 or more employees and (1) has a contract of $50,000 or more; or (2) has Government bills of lading which in any twelve month period total $50,000 or more; or (3) serves as a…”

Milton UTLEY, Plaintiff-Appellant, v. VARIAN Assocs., INC., Defendant-Appellee, 811 F.2d 1279 (9th Cir. 1987). “4 (a); see also 41 C.F.R. §§ 60-1.40 to -1.43, -2.10 to -2.”

UNITED STATES of Am., Plaintiff-Appellee, v. NEW ORLEANS Pub. Serv., INC., Defendant-Appellant, 553 F.2d 459 (5th Cir. 1977). “…might not be found necessary. We read the regulations, however, to require a written affirmative action program. See 41 C.F.R. § 60-1.40 (a).”

Legal Aid Soc'y of Alameda Cnty. v. Shultz, 349 F. Supp. 771 (N.D. Cal. 1972). · cites it 2× “11246 that are subject to the requirements of 41 C.F.R. § 60-1.40 (developing an affirmative action program) and that have an establishment in Alameda County, California; (2) all written affirmative action programs currently in effect that have been submitted to the Department…”

Burroughs Corp. v. Brown, 501 F. Supp. 375 (E.D. Va. 1980). · cites it 2× “41 C.F.R. §§ 60-1.40 , 2.11-2.13. 5. To enforce the Executive Orders, Defendants conduct "compliance reviews" and "complaint investigations" to determine whether a contractor is in compliance with, or in violation of, the affirmative action and recordkeeping requirements of the…”

Walter SMITH, Plaintiff-Appellant, v. SINGER Co., Defendant-Appellee, 650 F.2d 214 (9th Cir. 1982). “The regulations require contractors to develop a written affirmative action program, 41 C.F.R. § 60-1.40 , and to appoint an “executive of the contractor” to serve as “director or manager of company equal opportunity programs.”

Legal Aid Soc'y v. Brennan, 608 F.2d 1319 (9th Cir. 1979). · cites it 4× “41 C.F.R. § 60-1.40 . The contents of the programs are specified in Revised Order No.”

Tharp v. Sivyer Steel Corp., 149 F.R.D. 177 (S.D. Iowa 1993). “See 41 C.F.R. § 60-1.40 (1992) (federal contractors with more than 50 employees and contracts worth more than $50,000 must develop a written affirmative action plan and file written reports on its implementation); 41 C.”

5 Fair empl.prac.cas. 229, 5 Empl. Prac. Dec. P 8085 S. Illinois Builders Ass'n v. Richard B. Ogilvie, Governor, State of Illinois, & Operative Plasterers & Cement Masons Int'l Ass'n, Local 90, Afl-Cio, & United States of Am., Intervenor-Appellee, 471 F.2d 680 (7th Cir. 1972). “" 41 C.F.R. 60-1.40 (a) (1970). 18 The two pilot plans utilizing the goals-and-time-tables concept were the Cleveland and Philadelphia plans for the construction industry, 9 which led to the establishment of some 50 other geographic-area plans.”

Westinghouse Elec. Corp. v. Schlesinger, 392 F. Supp. 1246 (E.D. Va. 1974). “7 and the AAP is required to be developed by 41 CFR § 60-1.40 . These regulations were promulgated by the Secretary of Labor pursuant to Executive Orders 11246 and 11375 and relate to the “promotion and insuring of equal opportunities for all persons, without regard to race,…”

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— 41 C.F.R. § 60-1.40(c) — 1 case

Annett v. Univ. of Kansas, 216 F. Supp. 2d 1249 (D. Kan. 2002).

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