• Certain federal contractors and subcontractors must meet the requirements of affirmative action.

Affirmative action requires that certain federal contractors take steps to promote employment opportunities for persons from diverse backgrounds, including women and minorities, individuals with disabilities, and protected veterans. Affirmative action includes expanded outreach, recruitment, mentoring, training, management development, and other programs.

Contractors required to establish placement goals for individuals in these groups must remember that such goals are aspirational in nature, and are not to be considered rigid quotas.

Contractors that do not meet affirmative action goals may be required to take steps necessary to ensure goals are met in the future. Contractors that are found to be in noncompliance with affirmative action requirements over time may lose the ability to secure government contracts.

Who must comply?

Affirmative action requirements are administered by the Office of Federal Contract Compliance Programs (OFCCP) under authority of Executive Order 11246.

Executive Order 11246 prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in government business in one year, from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.

It also requires government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of employment. Note that the requirements to refrain from discrimination and to ensure equal opportunity are separate from the requirement to create and maintain a written affirmative action plan.