(a) Purpose. (1) An affirmative action program is a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time a contractor's workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects. Affirmative action programs contain a diagnostic component which includes a number of quantitative analyses designed to evaluate the composition of the workforce of the contractor and compare it to the composition of the relevant labor pools. Affirmative action programs also include action-oriented programs. If women and minorities are not being employed at a rate to be expected given their availability in the relevant labor pool, the contractor's affirmative action program includes specific practical steps designed to address this underutilization. Effective affirmative action programs also include internal auditing and reporting systems as a means of measuring the contractor's progress toward achieving the workforce that would be expected in the absence of discrimination.
(2) An affirmative action program also ensures equal employment opportunity by institutionalizing the contractor's commitment to equality in every aspect of the employment process. Therefore, as part of its affirmative action program, a contractor monitors and examines its employment decisions and compensation systems to evaluate the impact of those systems on women and minorities.
(3) An affirmative action program is, thus, more than a paperwork exercise. An affirmative action program includes those policies, practices, and procedures that the contractor implements to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment. Affirmative action, ideally, is a part of the way the contractor regularly conducts its business. OFCCP has found that when an affirmative action program is approached from this perspective, as a powerful management tool, there is a positive correlation between the presence of affirmative action and the absence of discrimination.
(b) Contents of affirmative action programs. (1) An affirmative action program must include the following quantitative analyses:
(i) Organizational profile—§ 60-2.11;
(ii) Job group analysis—§ 60-2.12;
(iii) Placement of incumbents in job groups—§ 60-2.13;
(iv) Determining availability—§ 60-2.14;
(v) Comparing incumbency to availability—§ 60-2.15; and
(vi) Placement goals—§ 60-2.16.
(2) In addition, an affirmative action program must include the following components specified in the § 60-2.17 of this part:
(i) Designation of responsibility for implementation;
(ii) Identification of problem areas;
(iii) Action-oriented programs; and
(iv) Periodic internal audits.
(c) Documentation. Contractors must maintain and make available to OFCCP documentation of their compliance with §§ 60-2.11 through 60-2.17.
Notes of Decisions
O'Connor v. Chrysler Corp., 86 F.R.D. 211 (D. Mass. 1980).
· cites it 2× “41 CFR §§ 60-2.10 through 2.26 set forth detailed guidelines to be used by contractors and the Government in developing and judging programs.”
Legal Aid Soc'y of Alameda Cnty. v. Brennan, 381 F. Supp. 125 (N.D. Cal. 1974).
· cites it 2× “11 (1973), (2) they fail to establish adequate goals and timetables designed to correct each deficiency within the minimum period necessary, 41 C.F.R. §§ 60-2.10 , 60-2.12 & 60-1.20(b) (1973); and (3) they fail to include additional ingredients required by Revised Order Number…”
Legal Aid Soc'y v. Brennan, 608 F.2d 1319 (9th Cir. 1979).
· cites it 5× “” 41 C.F.R. § 60-2.10 . The factors to be considered in analyzing minority and female utilization and in formulating goals and timetables for correcting underutilizations are spelled out in 41 C.”
['associated Builders & Contractors, Inc. v. Shiu'], 30 F. Supp. 3d 25 (D.D.C. 2014).
“OFCCP’s regulations implementing this Order require most contractors to develop formal affirmative-action programs, 41 C.F.R. § 60-2.10 , but construction contractors need only take various affirmative-action steps.”
Reynolds Metals Co. v. Rumsfeld, 417 F. Supp. 365 (E.D. Va. 1976).
“” 41 C.F.R. § 60-2.10 . 3 . As is seen from Appendix I, the Memorandum imposes various requirements upon the two agencies.”
Spencer Sav. Bank, SLA v. Excell Mortg. Corp., 960 F. Supp. 835 (D.N.J. 1997).
“40 (1992) (identifying federal employers which must comply with development and implementation of affirmative action plans); 41 C.F.R. § 60-2.10 et seq. (describing contents of mandated affirmative action programs).”
Honadle v. Univ. of Vermont & State Agric. Coll., 56 F. Supp. 2d 419 (D. Vt. 1999).
“41 C.F.R. § 60-2.10 . An AAP must include an analysis of areas in which the “contractor is deficient in the utilization of minority groups and women,” and “goals and timetables to which the contractor’s good faith efforts must be directed to correct the deficiencies.”
Equal Emp. Opportunity Comm'n v. Am. Tel. & Tel. Co., 419 F. Supp. 1022 (E.D. Pa. 1976).
“41 C.F.R. § 60-2.10 (emphasis added). In my judgment, this provision, requiring “prompt and full utilization” of protected groups “at all levels and in all segments” of a contractor’s work force, would be meaningless unless the Order and the affirmative action program it…”
Emerson Elec. Co. v. Schlesinger, 609 F.2d 898 (8th Cir. 1979).
“See 41 C.F.R. §§ 60-2.10 to .14 (1978). In addition, the appellants are required to file Employer Information (EEO-1) Reports with both the compliance agency and the EEOC.”
Firestone Synthetic Rubber & Latex Co. v. Marshall, 507 F. Supp. 1330 (E.D. Tex. 1981).
· cites it 2× “THE FACTS The OFCCP filed an administrative complaint against Firestone on February 22, 1980, alleging that the 1978 affirmative action plan for Firestone’s Orange, Texas, facility (1) failed to declare underutilization in various job groups as required by Executive Order 11246…”
United States v. New Orleans Pub. Serv., Inc., 550 F. Supp. 911 (E.D. La. 1982).
“See 41 C.F.R. 60-2.10. However, the government is not required to demonstrate noncompliance conclusively or irrebuttably before it would be permitted to review a contractor; at that point, a review would be unnecessary, and such a rule would be illogical.”
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