Affirmative Action

Hoops · September 2003

Does anyone know what the criteria is for when someone is considered a job applicant by the OFCCP?

Also, when can you have one AA Plan that covers multiple sites?

Thanks

ray a · September 2003

To answer your second question... we have 2 sites, one in Maryland and one in NY. We used the Maryland AAP as a basis for the NY AAP. Two separate documents, one for each division, but they are consistent and similar. In NY, we just plugged in our numbers and changed some of the text to reflect our part of the business.

Don D · September 2003

I don't think you can cover multiple facilities with one AAP, but a quick call to the OFCCP will let you know. Your internal policy will determine what the OFCCP considers an applicant. If you do not accept applications or resumes except for announced, open recruitment, opportunities, then only those who respond to those opportunities are applicants. If you, however, have the application/resume window open 24/7/365, every soul who walks in or sends mail to you virtually is an applicant. That's why we DO NOT accept applications or resumes unless we are in a recruitment period for an announced, advertised position.

Steve McElfresh · September 2003

Hoops:

What is an "applicant"? Simple question, right? Wrong.

Getting the OFCCP to define "applicant" is a surprisingly elusive goal. There has never been certainty, and the EEOC/OFCCP has for two years missed multiple deadlines set by the OMB to clarify the meaning of the word. A task force of civil servants continue to toil away, without reward but for their job security, on this Sisyphean task.

Your best approach appears to be to take a consistent and rational approach, such as those suggested above. Further advice is available from many on-line and consulting resources. For myself, I am not certain I want to deal with a firm definition from the Feds, and I doubt it will make our jobs any easier if it ever does appear.

For general background, see:
[url]www.erexchange.com/articles/db/C93F0BC1BCA94EBDBDB9EF57F94ECAD3.asp[/url]
[url]www.hranalytical.com/appdefinition.htm[/url]
And of course [url]www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-2/toc.htm[/url]
along with other parts of the DoL site.

For your second question, in general you can not include multiple sites in one plan. (FYI, note that there is a process for applying for a waiver from the AAP obligation for facilities - generally those of separate divisions - that can demonstrate substantial independence from the OFCCP-affected unit.)

There are special circumstances where your AAP can cover mutiple sites. You get there by applying to conduct your AAPs on functional or business unit basis rather than geographic sites. This is a specialized application, and my understanding is that as many applications have been rejected as accepted. So you should seek expert counsel. To quote:

"If a contractor wishes to establish an affirmative action
program other than by establishment, the contractor may reach agreement
with OFCCP on the development and use of affirmative action programs
based on functional or business units. The Deputy Assistant Secretary,
or his or her designee, must approve such agreements. Agreements
allowing the use of functional or business unit affirmative action
programs cannot be construed to limit or restrict how the OFCCP
structures its compliance evaluations." 41 CFR 60-2.1(d)(4)

Tempted to drop those government contracts yet?

Note: I am not expert in this is an area, and it subject to much change and subtle interpretation. So expert help should be sought if you have any doubts.

Regards,

Steve Mac

Steve McElfresh, PhD
Principal
HR Futures
408.605.1870

Hoops · September 2003

Thanks for all of your help on these AA Plan questions. I guess nothing is simple when you are dealing with the govt!

System · September 2003

There is only one thing that's simple when dealing with the government, actually. Sliding out that large envelope that's tucked in the middle of the income tax booklet you get on December 27th. It comes right out, like magic. It's amazing how simple they can be when they try.

Carey · September 2003

Now we know where to turn for Affirmative Action questions! I'm with a rather large government contractor and Steve Mac's answer seems to cover it all completely! The advice we have gotten on functional AAP's is don't do it. Why identify yourself to the OFCCP? If the two offices are operated similarly, use one plan template, but customize for the site specific information. We have many different offices and MANY different AAP's, but all use the same basic template.

E Wart · September 2003

It has been 30 years, but I did go though an OFCCP Audit for our Affirmaive Action Plans. (I still remember the Auditor's name, Mary Strong, and she was wonderful,very fair, and taught me a lot on this subject. However, when her bosses came in it was a different story). So much has changed since then and I haven't had to do an AAP for 10 years so I may be a little behind times.
What is an applicant? We were told that if we interviewed anyone (this included courtesy interviews)they MUST fill out oan application. Any application we accepted whether or not we interviewed that person was considered an applicant. We were told we did not have to consider resumes (since we had not control over receiving these and had no statistical data on them.) We continued to mail out applications to anyone who requested one because it continued to give us a larger pool, but you had to consider them all. You also had to keep those that you interviewed and turned down separate from those received, and never interviewed.
We had multiple locations and had to do a separate AAP for each location. (I am sure you could combine them if you wanted to go to that trouble, but was much easier doing just one per location.) Even though we were multiple locations, our location was the only selected for an audit. Also, you use statistical information for the area that you would pull from and that changes with location. You list your sources for employees and this changes too per location, etc.
This does take an great deal of time to put together, but once done, you only have to update certain parts each year and not as hard. Don't forget to include the Veterans part, which you have to do a totally different Plan for, but can be inside the same binder.
Good luck.
E Wart

Affirmative Action

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