Client's Affirmative Action Plan

KCHR · February 2005

I'm back again. Thanks to all of you that aided me with the drug screen scenario a couple of weeks ago. I work for a conglomeration of staffing firms (temporary, direct placement, and headhunting in just about every industry). One of our clients is a government contractor and of course falls under OFCCP. They recently sent us a letter that has the following strange statements:

"We are an equal opportunity employer and as such expect that in working with us to obtain talent, that you will not only seek out but also provide diversity candidates for any positions we may have a need to fill."

and further on:
"We would appreciate your responding to this letter, in writing, providing us confirmation that you both understand and will comply with our request relative to providing equal opportunity employment to all qualified applicants and specifically that you will seek out and provide qualfied diversity candidates."

The client informed us that their staff demographics are not what they need it to be to comply with their Affirmative Action Plan and thus the request and the letter.

My questions to you: are we obligated to intentionally overlook qualified non-minority candidates in order to help this company change its staff to be more representative of the demographics in the area? Can the OFCCP mandate this?

Shadowfax · February 2005

If you want to keep working for this co. the short answer is yes. If they have to recruit on the basis of diversity, then so will you. That is, after all, the purpose of an affirmative action plan - and one of the distincitions between it and an equal opportunity employer.. While you may not need to 'overlook' other qualified candidates, you will have to send them other qualified candidates so they can comply with the AAP they have filed. They may have to choose based on relative qualifications, with one of the prerequisites being diversity. But they will have to show that they recruited and looked, and to what extent they undertook to recruit. So, you will too.

ray a · February 2005

I think the key is at the end of Shadowfax's post, you both must show that you recruited and considered minorities and women. You may hire the best qualified.

Don D · February 2005

The letter you received is a standard letter that prime contractors send to suppliers and vendors. The OFCCP requires it and will ask for a copy of it when and if they audit your client. Just be thankful that they do not require you to develop an AAP as well. There is no booger bear in their letter.

Neither an AAP nor the OFCCP nor any other government agency can require or suggest that you overlook qualifications in defference to minority, veteran or handicapped candidates. Under the AAP, the contractor and its agents must show that they have an affirmative plan developed, understand the demographics of their current workforce and are committed to forging ahead to match or closely resemble community demographics with those of their workforce. There is absolutely nothing that would cause or require you to violate the law in your referrals and that is what you do if you raise the bar for one candidate and lower it for another. You should never deviate from your legal standards in recruitment and referral. An AAP is not a quota system.

In accordance with the last paragraph they want you to sign, ethically you must open your process in such a manner as to recruit and include applicants of all races, veteran's status and disability and you are probably already in that position. And refer the most qualified.

KCHR · February 2005

Thanks, Don D! I lurk around here often enough to have anticipated responses from Shadowfax and yourself. I think you summed up exactly what I needed to tell my superiors. I appreciate the help!

Don D · February 2005

Remember that opening up your process may include such efforts as advertising in minority newspapers, contacting VFW branches, listing your needs and opportunities with predominantly black colleges and universities and making presentations to community womens' groups and those that serve the causes of the disabled. Whatever you can do to widen your available labor pool. These are the same types of things that apply to the employer as well. It is always true that we 'cannot manufacture applicants'; but, we can be sure we take proactive measures to open up the process to all.

(Do I sound like a recovering government worker or what?!)

E Wart · February 2005

KCHR, Don is exactly right. As part of an Affirmative Action Plan, you have to send out letters to each of the folks that assists you with your recruiting efforts and let them know that you are an EEO employer and you will need them to "cooperate" and send you qualified applicants that meet their needs.
The OFCCP can't envoke quotas, but they sure do want the employer to show that they have made a good faith effort to obtain qualified diverse applicants. (Been through all of this before.) You just need to keep records of how you have recruited your applicants and that you have made a good faith effort. (As Don said, make contact with the recruiting office of any predominately black colleges, high schools and universities, contact any military bases (they have outplacement departments where I have gotten excellent candidates etc.) Hispanic Societies, organizations which assist the handicapped, etc. It isn't as hard as it seems. Just keep good records.
You are only required to refer the most qualified applicant. However, if there are several that are qualified, you may want to refer them all and then let them decide.
E Wart
PS I am surprised they aren't requiring you to have an AAP (or at least sign something to say you are an equal opportunity employer.)

Client's Affirmative Action Plan

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