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Affirmative Action is a set of steps that employers use to promote equal employment opportunity and to eliminate discrimination. It includes expanded outreach, recruitment, mentoring, training, management development, and other programs designed to help employers hire, retain, and advance qualified workers from diverse backgrounds, including persons with disabilities.
Scope
The federal program had been administered by the Office of Federal Contract Compliance Programs (OFCCP) under authority of Executive Order 11246 .
Under an executive order issued on January 21, 2025, Executive Order 11246 was revoked.
Often, state or local governments may impose affirmative action requirements. The information presented here refers only to the federal program.
Regulatory citations
- None
Key definitions
- Affirmative Action Plans (AAPs): A set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort.
Summary of requirements
Who must comply? Some federal contractors and subcontractors are still required to maintain AAPs, but only for specific groups:
- Protected veterans (under the Vietnam Era Veterans’ Readjustment Assistance Act, VEVRAA)
- Individuals with disabilities (under Section 503 of the Rehabilitation Act)
The jurisdictional thresholds for these requirements increased in October 2025:
- Section 503 (Disabilities): Applies to federal contracts of $20,000 or more.
- VEVRAA (Veterans): Applies to federal contracts of $200,000 or more.
Contractors with 50+ employees and a contract of $50,000+ (Section 503) or $200,000+ (VEVRAA) must maintain written AAPs for these groups.
Written AAPs. Submission/Certification: The OFCCP’s Contractor Portal for AAP certification is being phased out, and enforcement is shifting to the Equal Employment Opportunity Commission (EEOC) for Section 503 and to the Veterans’ Employment and Training Service (VETS) for VEVRAA. However, the statutory obligation to maintain these plans remains.
State and Local Requirements: Some states or localities may have their own affirmative action or equal opportunity requirements for government contractors or recipients of public funds. These are separate from federal requirements and should be checked individually.
