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CFR  

Code of Federal Regulations Pertaining to ESA

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Title 41  

Public Contracts and Property Management

 

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Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

 

 

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Part 60-2  

Affirmative Action Programs

 

 

 

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Subpart B  

Purpose and Contents of Affirmative Action Programs

41 CFR 60-2.10 - General purpose and contents of affirmative action programs.

  • Section Number: 60-2.10
  • Section Name: General purpose and contents of affirmative action programs.
    (a) Purpose. (1) An affirmative action program is a management tool 
designed to ensure equal employment opportunity. A central premise 
underlying affirmative action is that, absent discrimination, over time 
a contractor's workforce, generally, will reflect the gender, racial 
and ethnic profile of the labor pools from which the contractor 
recruits and selects. Affirmative action programs contain a diagnostic 
component which includes a number of quantitative analyses designed to 
evaluate the composition of the workforce of the contractor and compare 
it to the composition of the relevant labor pools. Affirmative action 
programs also include action-oriented programs. If women and minorities 
are not being employed at a rate to be expected given their 
availability in the relevant labor pool, the contractor's affirmative 
action program includes specific practical steps designed to address 
this underutilization. Effective affirmative action programs also 
include internal auditing and reporting systems as a means of measuring 
the contractor's progress toward achieving the workforce that would be 
expected in the absence of discrimination.
    (2) An affirmative action program also ensures equal employment 
opportunity by institutionalizing the contractor's commitment to 
equality in every aspect of the employment process. Therefore, as part 
of its affirmative action program, a contractor monitors and examines 
its employment decisions and compensation systems to evaluate the 
impact of those systems on women and minorities.
    (3) An affirmative action program is, thus, more than a paperwork 
exercise. An affirmative action program includes those policies, 
practices, and procedures that the contractor implements to ensure that 
all qualified applicants and employees are receiving an equal 
opportunity for recruitment, selection, advancement, and every other 
term and privilege associated with employment. Affirmative action, 
ideally, is a part of the way the contractor regularly conducts its 
business. OFCCP has found that when an affirmative action program is 
approached from this perspective, as a powerful management tool, there 
is a positive correlation between the presence of affirmative action 
and the absence of discrimination.
    (b) Contents of affirmative action programs. (1) An affirmative 
action program must include the following quantitative analyses:
    (i) Organizational profile--Sec. 60-2.11;
    (ii) Job group analysis--Sec. 60-2.12;
    (iii) Placement of incumbents in job groups--Sec. 60-2.13;
    (iv) Determining availability--Sec. 60-2.14;
    (v) Comparing incumbency to availability--Sec. 60-2.15; and
    (vi) Placement goals--Sec. 60-2.16.
    (2) In addition, an affirmative action program must include the 
following components specified in the Sec. 60-2.17 of this part:
    (i) Designation of responsibility for implementation;
    (ii) Identification of problem areas;
    (iii) Action-oriented programs; and
    (iv) Periodic internal audits.
    (c) Documentation. Contractors must maintain and make available to 
OFCCP documentation of their compliance with Secs. 60-2.11 through 60-
2.17.

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