The U.S. Department of Labor discusses affirmative action on its website and the importance of developing a written affirmative action program under the direction of the Office of Federal Contract Compliance Programs.
This segment of the Dept. of Labor is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. This is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.
The history of OFCCP’s executive orders date back several decades. They revolve around three legal authorities: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C.
The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system. In addition, covered veterans must receive priority with regards so such openings within the employment service delivery systems.
According to the Department of Labor, these ordinances prohibit Federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, disability, and protected veteran status.
They also require Federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity in their employment processes.
Job posting fall under the umbrella of employment processes. Employers must ensure they are following OFCCP laws when publishing job postings. The DOL requires that federal contractors “maintain for a period of two years from the making of the record or the personnel action, all job postings and advertisements, applications received, any interview notes, test and test results, records of job offers, and the applications themselves. Contractors with fewer than 150 employees or a contract of less than $150,000 need only keep these records for a period of one year.”
The selection process during hiring, including the wording of the job posting, must be all-inclusive and not discriminate against any entity. The job posting and application must also include an area where demographic data can be included for reporting purposes.
There are also job listing requirements that stem from the Jobs for Veterans Act. This law requires that contractors list job openings with the appropriate employment service delivery system. Employment openings that fall under this category include all positions except executive and top management positions, positions that will be filled from within the contractor’s organization, and positions lasting three days or less. The DOL requires that listing with the appropriate employment service delivery system be done concurrently with a contractor’s use of any other recruitment source or effort.
The regulations do offer solutions to fulfill the requirements. They provide that contractors and subcontractors may list their employment openings with a one-stop career center or other appropriate service delivery points.