Affirmative Action

sanua · January 2004

If a company has no government contracts and does not have an affirmative action plan, do they still need to have applicants fill out the Affirmative Action Questionnaire?? I'm thinking "no", but can I get confirmation on that??

Cinderella · January 2004

I would say no, since there is no AAP. Also, since EEOC reports don't include applicants (just employees) you're clear there too.
Cinderella

Don D · January 2004

I agree with Cinderella. Not only do you not HAVE to do this, you should NOT do so voluntarily as there is nothing to be gained from the employer's perspective by collecting or possessing this data. And it will certainly be requested and analyzed by the EEOC should you have a charge, if they know you collect it. Not that you would mind their analyzing it; it would just add a ream and a half of paper to your misery.

Craig B · January 2004

You do not have to get an applicant to fill out that form. I do not recommend you get them either due to the laws of unintended consequences it could come back to burn you.

ray a · January 2004

If you can avoid the AAP route, do so.

Don D · January 2004

Does anyone do an AAP voluntarily?

ray a · January 2004

Sure. Every year my boss asks me who is going to write the AAP for my division. I volunteer to do it. He says, "Good choice".

Don D · January 2004

That's a new one on me. Never heard of employers who voluntarily construct these instruments. But, I do defer to those in New York and California, who set the nation's pace.

ray a · January 2004

Just for clarity, we are a miltary contractor requiring the writing of an AAP - I personally volunteer to write it as opposed to someone else who will screw it up.

LV · January 2004

I disagree with all the respondents to your question. Obviously they have never been involved with discrimination issues. Collecting this type of data could be used to help strengthen your defense if you were ever sued under a disparate impact law suit. This is only relevant if you have 15 or more employees. In addition, as a business necessity it is always good to know who is applying for your jobs. People usually try to avoid what they don't understand.

Don D · January 2004

>I disagree with all the respondents to your
>question. Obviously they have never been
>involved with discrimination issues. Collecting
>this type of data could be used to help
>strengthen your defense if you were ever sued
>under a disparate impact law suit. This is only
>relevant if you have 15 or more employees. In
>addition, as a business necessity it is always
>good to know who is applying for your jobs.
>People usually try to avoid what they don't
>understand.

Ahh, thanks for jumping in the mix LV. It's novel to see someone who 'disagrees with everyone'. I do want to correct several of your notions though. I have indeed been involved in a multitude of defenses in discrimination 'issues'. The disparate impact attack is typically aided by the production of documents reflecting the makeup of a labor force or of applicant flow. The analysis of such data is often the launch-pad for a whole host of wrong theories and conclusions by the theory weavers.

I do agree that 'it is always good to know who is applying for your jobs'. However, there is a vast difference in those 'applying' for announced/recruited positions and those simply dropping by the location to casually fill out an employment application, many times not even knowing what we do or what positions we have. Actually the two do not correlate meaningfully. You concluded with a 'bumper sticker' comment which I don't understand.

Cinderella · January 2004

[font size="1" color="#FF0000"]LAST EDITED ON 01-19-04 AT 04:07PM (CST)[/font][br][br]LV,
Many of us have been involved with "discimination issues" up to and including audits from our friends at the OFCCP.

It doesn't matter how many ee's you have, anyone can sue anyone for discrimination, disparate impact, hostile work environment, the walls needing a coat of paint, the parking lot being too small, the coat rack being metal instead of wood. Is it good to have evidence / documentation on your side? Yes, indeed it is. This is true for both the prosocution and the defense.

If an HR professional feels that they need to collect AAP data even though they are not required to do so by law, they may certainly do so. The original posted question was "Do they NEED to?" My answer is still "no".

Cinderella

Affirmative Action

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