Frequently Asked Questions
Q: Am I required to have an Affirmative Action Plan?
A: Federal contractors and subcontractors must have written affirmative action plans or policies if they have 50 employees and 1) a contract of $50,000 or more; or 2) Government bills of lading which, in any 12-month period, total or can reasonably be expected to total $50,000 or more; or 3) who serves as a depository of Government funds in any amount; or 4) who is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount. A written Affirmative Action Plan has several components. The Contractor or Subcontractor must be able to show that they have complied with the regulations in 41 CFR 60 and that they have not discriminated against any of the protected groups. They also must show that they have actively recruited protected groups and have disseminated all information regarding promotion activities within their organization.
Q: What is the EOSurvey?
A: The EO Survey is being discussed currently. It may be reinstated. If it is then Contractors are selected randomly from the EEO-1 filings. A twelve-page survey form is mailed and a contractor usually has forty-five days in which to respond. Once the results have been received by the OFCCP, a Contractor may be selected for a more in-depth Compliance Review. This audit may commence with only 72 hours advance notice. Failure to submit the EOSurvey will result in a “Show Cause Notice.” Approximately 50,000 EOSurveys would be sent out annually.
Q: Do I have to hire a minority or woman who is less qualified for a job just to fill an Affirmative Action quota?
A: No. Affirmative Action gives everyone a chance to be judged on individual ability. Affirmative Action does not require an employer to hire a person who lacks the qualifications to perform the job successfully, hire the unqualified, or hire a less qualified person in preference to a more qualified one. Affirmative Action gives women, minorities, persons with disabilities, and veterans a chance to compete.
Q: What does “Number of Employees” mean?
A: The number of employees is the number of permanent full-time and part-time employees employed as of the ending date of the selected payroll period. "Employees" shall not include those persons hired on a casual basis for a specified time, such as seasonal and temporary workers, or employees obtained through hiring halls or agents, such as a temporary employment agency.
Q: Am I required to list my jobs with the State Employment Service?
A: Contractors and subcontractors are required to list all employment openings, except executive and top management positions, with the nearest State Job Service office (also known as State Employment Service) and Workforce Development Offices (in some States).
Q: What if I choose not to comply with Affirmative Action regulations?
A: Federal contractors that interfere with nondiscrimination or affirmative action rules enforced by the Department of Labor's Office of Federal Contract Compliance Programs can have contracts canceled or be barred from doing future business with the government.
Q: What is the OFCCP?
A: The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor's Employment Standards Administration. It has a national network of eight Regional Offices, each with District and Area Offices in major metropolitan centers.
Q: What is the statutory authority of EEOC?
A: The EEOC enforces the principal federal statutes prohibiting employment discrimination, including:
· Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin;
· the Age Discrimination in Employment Act of 1967, as amended (ADEA), which prohibits employment discrimination against individuals 40 years of age and older;
· the Equal Pay Act of 1963 (EPA), which prohibits discrimination on the basis of gender in compensation for substantially similar work under similar conditions;
· the Title I of the Americans With Disabilities Act of 1990 (ADA), which prohibits employment discrimination on the basis of disability in both the public and private sector, excluding the federal government;
· the Civil Rights Act of 1991, which includes provisions for monetary damages in cases of intentional discrimination and clarifies provisions regarding disparate impact actions; and
· Section 501 of the Rehabilitation Act of 1973, as amended, which prohibits employment discrimination against federal employees with disabilities.
Q: Who must file a VETS-100 Report?
A: In accordance with Title 38, United States Code, Section 4212(d), the U.S. Department of Labor (DOL), Veterans' Employment and Training Service (VETS) annually collects and compiles the Federal Contractor Veterans' Employment Report (VETS-100) from Federal contractors and subcontractors who receive a Federal contract of $25,000 or more annually. The report is due on September 30th annually. In 2004 an online submission of the reportis requested, however VETS will still be accepting paper versions as well as properly formatted disk submissions of the report. For any filing questions you may have please contact the VETS-100 Help Desk at (301) 306-6752 or via email at email@example.com and someone will be glad to help you with your submission questions.
P.L. 107-288 has increased the reporting threshold amount from $25,000 to $100,000. Any contractor receiving a new contract in excess of $100,000 is required to file. If the contract was awarded before December 1, 2003 and is above the $25,000 threshold, the contractor is required to file.
EXAMPLE: If a company was awarded a $50,000 contract before December 1, 2003, that company would be required to file. If the $50,000 contract was awarded after December 1, 2003, that company would not be required to file. All contracts of $100,000 or more are required to file regardless of the award date.
Any contractor who receives a contract from the Federal Government in the amount of $100,000 or more, or any subcontractor who receives a contract from such a covered contractor in the amount of $100,000 or more, must file a VETS-100 Report. The $100,000 can be aggregated for purchase orders or government Bills of Laden. If these requirements are met you are required to complete and submit the VETS-100 Report annually. An employee may be counted in more than one category.
Q: How do I obtain the VETS-100 form and instructions?
A: If your company is part of the VETS-100 database, you will receive an email report form and instructions for filing the form in July. If you do not receive the form, have misplaced the form, or are a new federal contractor, please email firstname.lastname@example.org or call (703) 461-2460. When requesting forms, please provide the parent company name, address, contact person, telephone number, and email address (if available).
Q: What is the definition of a "Vietnam-Era" Veteran?
A: A veteran of the Vietnam Era is a person who: (i) served on active duty in the U.S military, ground, naval or air service for a period of more than 180 days, and who was discharged or released therefrom with other than a dishonorable discharge, if any part of such active duty was performed (A) in the Republic of Vietnam between February 28, 1961and May 7, 1975, or (B) between August 5, 1964 and May 7, 1975 in all other cases; or (ii) was discharged or released from active duty in the U.S. military, ground, naval or air service for a service connected disability if any part of such active duty was performed (A) in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or (B) between August 5, 1964 and May 7, 1975 in any other location..
Q: What is the definition of a "Special Disabled" Veteran?
A: A special disabled veteran is (i) a veteran of the U.S. Military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation under laws administered by the Department of Veterans Affairs for a disability (A) rated at 30 percent or more, or (B) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 38 U.S.C. 3106 to have a serious employment handicap or (ii) a person who was discharged or released from active duty because of a service-connected disability.
Q: What is the definition of "Other Protected Veteran"?
A: An Other Protected Veteran is defined as a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or an expedition for which a campaign badge has been authorized. A complete list of campaigns can be viewed here.
Q, What is the definition of "Newly Separated Veterans"?
A: Any veteran who served on active duty in the U.S. military, ground, naval or air service during the one-year period beginning on the date of such veteran's discharge or release from active duty.
Q: What is an EEO-1 report?
A: The Employer Information EEO-1 survey is conducted annually under the authority of Public Law 88-352, Title VII of the Civil Rights Act of 1964, as amended. All employers with 15 or more employees are covered by Public Law 88-352 and are required to keep employment records as specified by Commission regulations. Based on the number of employees and federal contract activities, certain large employers are required to file an EEO-1 report on an annual basis.
Q: Who must file an EEO-1 report?
A: A Standard Form 100 must be filed by--
(A) All private employers who are: (1) subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees; or (2) subject to Title VII who have fewer than 100 employees if the company is owned by or affiliated with another company, or there is centralized ownership, control, or management so that the group legally constitutes a single enterprise and the single enterprise employs a total of 100 or more employees.
(B) All federal contractors who: (1) are not exempt as provided for by 41 CFR 60-1.5, (2) have 50 or more employees and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more, or (b) serve as a depository of Government funds in any amount, or (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
Q: How can I obtain an EEO-1 reporting form?
A: You must file your EEO-1 Standard Form 100 on line effective July 17, 2003. You may reach this web site at www.eeoc.gov/eeo1survey/
Q: Do I have to use E-Verify?
A: As of September 8, 2009, a federal contractor is required to use E-Verify for all their newly hired employees. See E-Verify web-site.
If you are in need of assistance or further information,
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