Affirmative Action/EEO-1/VETS-100/100A Reporting Requirements
What is the difference between Equal Employment Opportunity and Affirmative Action?
"Equal Employment Opportunity is the Law" and protects individuals against discrimination. Most employers are subject to the body of the EEO Federal laws; it is illegal to violate these laws. Affirmative Action is governed by the Office of Federal Contract Compliance Programs (OFCCP) and is intended to remedy the effects of past discrimination by proactively ensuring compliance with non-discrimination laws and regulations. Federal Contractors are subject to Affirmative Action requirements.
What is the "OFCCP"?
The OFCCP or Office of Federal Contract Compliance Programs is the Federal enforcement agency for government contractors and sub contractors in relation to non-discrimination laws and regulations.
What is the purpose of an Affirmative Action Plan?
An Affirmative Action Plan institutionalizes an employer's commitment to equal employments opportunity and provides a business management tool for implementation of the Affirmative Action Program.
Who must develop affirmative action programs?
Each non-construction contractor must develop and maintain a written affirmative action program for each of its establishments if it has 50 or more employees and:
- Has a contract of $50,000 or more; or
- Has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or
- Serves as a depository of Government funds in any amount; or
- Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.
When are Federal contractors and subcontractors required to develop a written Affirmative Action Plan (AAP)?
Each federal contractor/subcontractor subject to a written Affirmative Action Plan (AAP) is required to develop the AAP within 120 days from the commencement of the Federal contract. The Affirmative Action Plan must be updated annually.
As a Prime Contractor, am I required to make sure that the vendors and suppliers with whom I am doing business develop a written AAP?
No. You are not required to ensure that your vendors and suppliers develop and maintain written AAPs. The requirement under the regulations is that each contractor and subcontractor include the EO clause in each of their subcontracts and purchase orders.
Who must file the EEO-1 Report?
Standard Form 100 (EEO-1) must be filed by - All private employers who are:
subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations;
OR
subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
All federal contractors (private employers), who:
are not exempt as provided for by 41 CFR 60-1.5,
have 50 or more employees, and
are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
serve as a depository of Government funds in any amount, or
is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
Only those establishments located in the District of Columbia and the 50 states are required to submit Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates.
When must the EEO-1 Report be filed?
This annual report must be filed with the Joint Reporting Committee not later than September 30. Employment figures from any pay period in July through September of the current survey year may be used.
Who must file the VETS-100 or VETS-100A Reports?
The VETS-100 reporting requirements generally apply to Federal contractors with a current contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003. However, if such a contract was modified on or after December 1, 2003, and the contract, as modified, is in the amount of $100,000 or more, the contractor would be covered by the VETS-100A reporting requirements.
When must the VETS-100 or VETS-100A be filed?
The VETS-100 and VETS-100A Reports must be submitted no later than September 30 of each year following a calendar year in which a contractor held a covered Government contract or subcontract.