
Office of Federal
Contract Compliance Programs
Technical Assistance
Guide for Federal Construction Contractors
May 2009






Technical
Assistance Guide
for
Federal
Construction Contractors
This
Technical Assistance Guide is designed to help Government contractors and
subcontractors comply with the Federal laws and regulations that prohibit Government
contractors from discriminating in employment and require that they undertake
affirmative action to ensure equal employment opportunity in their workforces. It is intended only for Government contractors
who have construction contracts or subcontracts, including contractors who have
federally assisted construction contracts.
It is not intended for Government
contractors and subcontractors who hold only non-construction (supply and
service) contracts.
The contents of this guide have been designed to help
construction contractors and subcontractors:
Ø
Understand
their contractual obligation to comply with the laws administered by OFCCP;
Ø
Understand
the role of the OFCCP in enforcing Federal equal employment opportunity and
affirmative action laws that apply to Federal contractors and subcontractors;
Ø
Develop
written Section 503 and VEVRAA affirmative action programs where appropriate;
Ø
Implement
the affirmative action steps that are described in the Standard Federal Equal
Employment Specifications published at 41 CFR 60-4.3; and
Ø
Prepare
for an OFCCP compliance evaluation.
This Technical Assistance Guide does not create new legal
requirements or change current legal requirements. Instead, it reflects the
views of OFCCP and is intended to serve as a basic resource document on
OFCCP-administered laws. The legal
requirements related to equal employment opportunity that apply to Federal
supply and service contractors are contained in the statutes, executive orders,
and regulations cited in the Guide. Every
effort has been made to insure that the information contained in the Guide is
accurate and up to date.
Table
of Contents
Overview
of OFCCP
Overview
of Laws Administered by OFCCP........................................................................ 2
Commonly
Asked Questions................................................................................................... 4
Overview
of Construction Contractor Responsibilities................................................... 7
Additional Requirements........................................................................................................ 27
Preparing
for a Compliance Evaluation............................................................................. 42
Recognizing
Good Faith Effort............................................................................................. 47
Appendices
Appendix A: Glossary of Terms
Appendix B: Adverse Impact Determinations
Appendix C: The Small Business Administration’s Ombudsman
Program
Appendix D: OFCCP
National and Regional Offices
Appendix E: Participation Goals for Minorities and Females
Overview of OFCCP
The Office of Federal Contract Compliance Programs (OFCCP)
administers and enforces three equal employment opportunity laws that apply to
Federal government contractors and subcontractors, including construction contractors:
Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of
1973, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended (VEVRAA). The OFCCP
monitors compliance with these laws primarily through compliance evaluations,
during which a compliance officer examines the contractor's affirmative action
efforts and employment practices. The
OFCCP also investigates complaints filed by individuals alleging employment
discrimination under any of these laws.
The OFCCP
encourages voluntary compliance and provides technical assistance regarding the
requirements of the equal employment opportunity laws it enforces. The OFCCP maintains a national office in
OFCCP Responsibilities
The OFCCP carries out its enforcement responsibilities by:
Ø
Offering technical
assistance, including providing training workshops and publications (such as
this guide) to federal contractors and subcontractors to help them understand
regulatory requirements and the compliance evaluation process;
Ø
Conducting compliance
evaluations and complaint investigations of federal contractors' and
subcontractors’ personnel policies and practices;
Ø
Forming linkage
agreements between contractors/subcontractors and the Department of Labor's
employment and training programs, outside organizations, and recruitment
sources to help employers identify and recruit qualified employees;
Ø
Negotiating
agreements, including formal Conciliation Agreements with contractors and
subcontractors found in violation of regulatory requirements;
Ø
Monitoring contractors’
and subcontractors’ progress in fulfilling the terms of their conciliation
agreements through periodic compliance reports;
Ø
And when necessary,
recommending enforcement actions to the Solicitor of Labor.
Overview of Laws Administered by OFCCP
The OFCCP is responsible for
enforcing Federal laws and regulations that prohibit discrimination and require
federal contractors and subcontractors to take affirmative action to ensure
that all individuals have an equal opportunity for employment without regard to
race, color, religion, sex, national origin, disability, or status as a
protected veteran. The OFCCP is
responsible for administering:
Ø
Executive Order
11246, as amended, which prohibits
discrimination and requires affirmative action to ensure equal employment opportunity
without regard to race, color, sex, religion and/or national origin; and the
implementing regulations at 41 CFR Parts 60-1 through 60-50. Generally, all contractors and subcontractors
holding non-exempt Federal and federally assisted construction contracts and
subcontracts exceeding $10,000 must comply with Executive Order 11246. The regulations implementing the Executive
Order establish different affirmative action requirements for construction and
non-construction (supply and service) contractors. While all covered Government contractors and
subcontractors, both construction and non-construction, are required to take
affirmative action, non-construction contractors that meet the 50
employee/$50,000 contract thresholds are required to develop and maintain a
written Executive Order 11246 affirmative action program.
Ø
Section 503 of the
Rehabilitation Act of 1973, as
amended, (Section 503), which prohibits discrimination and requires
affirmative action in all personnel practices for qualified individuals with
disabilities; and the implementing regulations at 41 CFR Part 60-741. These requirements apply to contractors and
subcontractors with a covered Federal contract or subcontract valued in excess
of $10,000. In addition, the regulations
implementing Section 503 require that covered contractors and subcontractors
with a Government contract or subcontract of $50,000 or more and 50 or more
employees develop and maintain a written Section 503 affirmative action
program.
Ø
The non-discrimination
and affirmative action provisions of the Vietnam Era Veterans' Readjustment
Assistance Act of 1974, as
amended, 38 U.S.C. 4212 (VEVRAA), which prohibit discrimination and
require affirmative action in all personnel practices regarding covered
veterans. As amended, this statute is no
longer limited to veterans from the Vietnam Era. VEVRAA now applies to disabled veterans, Armed
Forces service medal veterans, recently separated veterans, and other protected
veterans who served during a war or in a campaign or expedition for which a
campaign badge has been authorized.
Ø
For a federal contractor or subcontractor with a contract or
subcontract of $25,000 or more entered into before December 1, 2003, the implementing regulations are at 41 CFR Part 60-250. In addition to prohibiting
discrimination, these regulations require that covered contractors and
subcontractors with a Government contract or subcontract of $50,000 or more and
50 or more employees develop and maintain a written VEVRAA affirmative action
program.
Ø
For a federal contractor or subcontractor with a contract or
subcontract of $100,000 or more entered into or modified on or after December
1, 2003, the implementing regulations are at 41
CFR Part 60-300. In addition to
prohibiting discrimination, these regulations require that covered contractors
and subcontractors with a Government contract or subcontract of $100,000 or
more and 50 or more employees develop and maintain a written VEVRAA affirmative
action program. Contractors or subcontractors
with contracts entered into prior to December 1, 2003 (and not since modified) and
contracts entered into on or after December 1, 2003, are subject to both Parts
60-250 and 60-300.[1]
OFCCP shares
enforcement responsibilities with other Federal agencies in the administration
of the following laws:
Ø
Immigration Reform
and Control Act of 1986 (IRCA),
requires employers to keep certain records (I-9 forms) for the U.S. Citizenship
and Immigration Services (USCIS) that verify their employees' eligibility to
work in the U.S. (i.e., proof of
citizenship or authorization to work).
Ø
Title I of the
Americans with Disabilities Act of 1990 (ADA), as amended, prohibits employment discrimination by
employers with 15 or more employees against qualified individuals on the basis
of disability. The Equal Employment
Opportunity Commission (EEOC) has primary authority for enforcing the
Ø
Title VII of the
Civil Rights Act of 1964, as amended,
prohibits employment discrimination on the basis of race, color, national
origin, sex and religion. In many
instances, employment discrimination claims against a government contractor can
be brought under both Executive Order 11246 and Title VII. While EEOC has primary authority for enforcing
Title VII, OFCCP is authorized to act as EEOC’s agent in processing,
investigating and resolving the Title VII component of complaints filed with
OFCCP under Executive Order 11246 that allege discrimination of a systemic or
class nature on the basis of race, color, national origin, sex or religion.
Commonly Asked Questions
|
Which
construction contractors and subcontractors are subject to OFCCP administered
laws? |
A construction
contractor or subcontractor is covered under: Ø Executive Order 11246 if they
have: w
A Federal construction contract or subcontract of over $10,000; w
A federally assisted construction contract or subcontract of over
$10,000; w
A construction contract or subcontract of over $10,000 with a Federal
non-construction contractor or subcontractor, if the construction
contract/subcontract is necessary in whole or in part to the performance of
the Federal non-construction contract or subcontract; or w
Multiple Federal construction contracts or subcontracts of less than
$10,000 that, when added together total more than $10,000 within any 12 month
period or can reasonably be expected to total more than $10,000 during that time. Ø Section 503 if they have a
construction contract/subcontract in excess of $10,000. Ø VEVRAA if they have a
construction contract/subcontract of $100,000 or more (or a contract entered
into prior to December 1, 2003 and not since modified of $25,000 or more). Federally assisted construction contracts and subcontracts are covered
under the Executive Order only, and not under either Section 503 or VEVRAA. Federal
and federally assisted construction contractors and subcontractors who are
subject to OFCCP requirements have a contractual obligation to comply with
the applicable OFCCP-administered laws governing equal employment opportunity
and affirmative action. Additionally, covered contractors and
subcontractors must comply with these regulations at all work sites. For example, a company with a Federal
construction contract in California must not only comply with OFCCP
requirements at the California work site where the Federal contract work is
being done, but must also comply with the OFCCP requirements at all of the
company’s work sites throughout the United States. |
|
Are
construction contractors’ EEO and affirmative action obligations specified in
the contract documents? |
Yes. A "Notice of Requirement for
Affirmative Action To Ensure Equal Employment Opportunity (Executive Order
11246)" is included in the bid solicitations for all Federal and
federally assisted construction contracts and subcontracts in excess of
$10,000. The Notice, which is
published at 41 CFR 60-4.2, informs the contractor/bidder of the affirmative
action requirements imposed under Executive Order 11246, including the specified
goals for minority and female participation. The
construction contractor’s EEO and affirmative action obligations are also
specified in the Government contract. Every covered Government construction
contract and subcontract must contain the equal opportunity clause found at
41 CFR 60-1.4(a), which specifies the obligations imposed under Executive
Order 11246. Covered federally
assisted construction contracts and subcontracts must incorporate the equal
opportunity clause found at 41 CFR 60-1.4(b). In addition, covered construction contracts
and subcontracts must incorporate the equal opportunity clauses found at 41
CFR Parts 60-250.5, 60-300.5 and 60-741.5, which contain the obligations
imposed under VEVRAA and Section 503. The text
of these equal opportunity clauses may be expressly included in each contract
or subcontract, or incorporated by reference. Importantly, the equal opportunity clauses
are deemed to be a part of every covered construction contract and
subcontract even if they are not physically incorporated in the contract
documents. In
addition to the equal opportunity clauses, Federal and federally assisted
construction contracts and subcontracts in excess of $10,000 must include the
"Standard Federal Equal Employment Opportunity Construction Contract
Specifications," which are found at 41 CFR 60-4.3. The specifications describe the affirmative
action obligations and set forth the specific affirmative action steps the
construction contractor must implement in order to make a good faith effort
to achieve the goals for minority and female participation that were listed
in the bid solicitation. |
Note: In the following sections of
the Technical Assistance Guide, the term “contract” generally refers to both a contract and subcontract; the term
“subcontract” generally is not used unless it is necessary to the context. Similarly, the terms “contractor” and
“construction contractor” include
subcontractors and construction subcontractors, as well, unless specified
otherwise.
Overview of Construction
Contractor Responsibilities
Covered
Federal construction contractors must comply with Executive Order 11246,
Section 503, and VEVRAA, while federally assisted construction contractors must
comply with Executive Order 11246 only.
To comply
with Executive Order 11246, contractors must
demonstrate good faith efforts to meet their affirmative action goals for the
employment of minorities and women in the construction industry. In order to take into account the fluid and
temporary nature of the construction workforce, OFCCP does not require
construction contractors to develop written affirmative action programs. Instead, OFCCP has established utilization
goals based on civilian labor force participation rates, and has outlined in
the regulations good faith steps for construction contractors to follow.
The goals, by geographic area, are
determined by the Deputy Assistant Secretary, OFCCP, and are issued pursuant to
41 CFR 60-4.6. A “Notice of Requirement
for Affirmative Action to Ensure Equal Employment Opportunity” is included in
the bid specifications for all Federal and federally assisted construction
contracts and subcontracts in excess of $10,000. The Notice sets forth the goals for minority
and female participation. The goals are expressed as a percentage of the hours
worked by the contractor's aggregate workforce in each trade on all
construction work performed in the geographic area, regardless of whether the
work is Federal, federally assisted or non-federal. Where a contractor performs construction work
in a geographic area located outside the geographic area in which it has a
covered contract, it must apply the goals established for the geographic area
where the work is actually performed. Goals in this second geographic area also are
applicable to both federally involved and non-federally involved construction
work in that area. See the example in
(b) below.
(a) Goals for Women:
The current goal for the utilization of women is 6.9% of work hours and applies
to all of a contractor's construction sites regardless of where the Federal or
federally assisted contract is being performed. This goal was originally published in the
Federal Register of April 7, 1978, 43 FR 14899, 14900, as Appendix A. The 6.9% goal was subsequently extended
indefinitely, pursuant to a Notice published in the Federal Register of
December 30, 1980, 45 FR 85750, 85751.
(b) Minority Group Goals: Goals for minority utilization were first published in the Federal
Register of October 3, 1980, 45 FR 65979, 65984, as Appendix B-80. Current goals for the utilization of
minorities are listed in Appendix E of this Guide. Minority goals are formulated in terms of
work hours performed in a specific Standard Metropolitan Statistical Area
(SMSA) or Economic Area (EA). For example, ABC Company has a Federal contract
for construction work in SMSA X. The
goals for SMSA X apply to all of ABC's construction work in SMSA X, both the
federally involved and the non-federally involved construction work. In addition, if ABC Company performs
construction work in SMSA Y, it would apply the SMSA Y goals to all its
construction work in SMSA Y, whether or not it has a Federal or federally
assisted contract in SMSA Y. Although
SMSAs were subsequently realigned into “Metropolitan Statistical Areas” (MSAs) for
use in a subsequent census, construction goals continue to be expressed as SMSAs.
These goals are not a requirement for quotas. Quotas are
expressly forbidden by law. Affirmative
action goals under Executive Order 11246 are targets for recruitment and
outreach and should be reasonably attainable by means of applying good faith
efforts. The standard of compliance is
good faith. Numerical goals do not
create guarantees for specific groups, nor are they designed to achieve proportional
representation or equal results.
As stated above, construction
contractors are not required to
develop written Executive Order affirmative action programs. In lieu of a written affirmative action
program, the regulations enumerate the good faith steps covered construction
contractors must take in order to increase the utilization of minorities and
women in the skilled trades. These sixteen requirements are discussed in the
Standard Federal Equal Employment
Opportunity Construction Contract Specifications (Executive Order 11246). Construction contractors must document the
steps and actions that they take to ensure that these requirements are met. The
specifications are included in covered Federal or federally assisted
construction contracts and subcontracts. The specifications are deemed incorporated in
all covered contracts by operation of the Executive Order regardless of whether
they are incorporated in the solicitation or contract and regardless of whether
the contract is written.
Depending
on the size of the construction contractor and the type of relationship it has
with the Federal Government, covered construction contractors may have
additional responsibilities, such as the following:
a)
Including
the provisions of the applicable Executive Order 11246, Section 503, and VEVRAA
equal employment opportunity clauses in subcontracts and purchase orders;
b)
Notifying
OFCCP about any construction subcontract awards in excess of $10,000 that are
made under covered federal or federally assisted construction contracts;
c)
Complying
with personnel record retention requirements;
d)
Completing
and submitting the annual EEO report, Standard Form 100 (also known as the
“EEO-1 Report”), if the construction contractor or subcontractor has 50 or more
employees and a covered contract or subcontract of $50,000 or more;
e)
Complying
with the “Uniform Guidelines on Employee Selection Procedures,” which are
published at 41 CFR Part 60-3;
f)
Maintaining
a written affirmative action program for qualified individuals with disabilities
if the contractor has 50 or more employees and a non-exempt Government contract
or subcontract of $50,000 or more;
g)
Maintaining
a written affirmative action program for covered veterans, if the contractor
has 50 or more employees and a non-exempt Government contract or subcontract of
$100,000 ($50,000 for a contract covered by the Part 250 regulations);
h)
Completing
and submitting the Federal Contractor Veterans’ Employment Report using Form
VETS-100 or VETS 100A, as appropriate; and
i)
Complying
with the Immigration Reform and Control Act (IRCA) of 1986.
Each of
the affirmative action program specifications and additional compliance
requirements for construction contractors are detailed on the following pages.
Sixteen EEO and Affirmative Action Requirements
The Standard Federal Equal
Employment Opportunity Construction Contract Specifications (Executive
Order 11246), which are published at 41 CFR 60-4.3, require federally-involved
construction contractors with a construction contract in excess of $10,000 to
take affirmative action steps that are at least as extensive as the 16
affirmative action steps listed in the Specifications. The 16 steps are summarized below. Actions that covered construction contractors
are required to take to comply with the steps are included. Examples of suggested or alternative actions
that would enable a contractor to comply with the specifications are also
listed. The examples listed should not
be viewed as being the only possible ways to comply with these specifications. Also, depending on the situation, a contractor
may need to take more than one action to comply with the particular
specification, as well as take actions that are not specifically listed below.
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EEO and Affirmative Action Specification #1 |
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Contractors
and subcontractors must maintain a work environment free of harassment,
intimidation, and coercion at all sites and in all facilities at which the
contractor’s employees are assigned. (41
CFR 60-4.3(a)7.a.) |
|
Contractors
must also take specific steps to ensure that all foremen, superintendents, and
other on-site supervisory personnel are aware of and carry out the company’s
contractual obligation to maintain such a working environment, with specific
attention to minorities and women working at all work sites and facilities.
Examples of Actions
That Demonstrate Compliance:
Ø
Contractors
may produce and distribute copies of policy statements prohibiting harassment
to all employees.
Ø
EEO
policy statements must be posted at all construction sites.
Ø
Contractors
may give supervisory personnel and other employees memoranda and other written
instructions addressing the need to maintain a work environment free of
harassment, intimidation, and coercion. Copies
of such written materials should be retained.
Ø
Contractors
may hold meetings to inform supervisory personnel of their duty to carry out
the contractor’s obligation to maintain a workplace free of harassment,
intimidation, or coercion. Minutes or
other records of such meetings should be retained.
Ø
Contractors
that assign more than one woman to each construction project should retain
records of such assignments.
Ø
Contractors
may develop formal procedures to handle complaints of harassment and maintain
records of such complaints and how the company handled them.
Ø
Contractors’
EEO Officers may prepare and retain reports, diaries, analyses, etc., of
specific efforts made to monitor the work environment for the presence of any
forms of harassment, intimidation, or coercion, such as: verbal, visual or
written abuse; physical aggressiveness; assigning women and/or minorities to
more difficult or dangerous work than men/non-minorities; or sabotaging of
individual’s work.
Ø
Contractors
may provide harassment awareness training to supervisors or employees. Contractors should retain records of such
training that indicate the dates of the training, the names of those conducting
the training, the names of those attending the training, and a copy or
description of the training materials.
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EEO and Affirmative Action Specification #2 |
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Contractors and subcontractors must establish and maintain current
lists of minority and female recruitment sources; provide written
notification to minority and female recruitment sources and to community
organizations when the contractor or its unions have employment opportunities
available; and maintain a record of the organizations’ responses. (41 CFR 60-4.3(a)7.b.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Recruitment
sources should include the state employment offices serving the recruitment
areas for the company’s construction projects, and may also include
organizations such as the Job Corps, Urban League, YWCA, National Association
of Women in Construction, Neighborhood Youth Corps, National Organization of Women,
LULAC, and Aspira, among others. In
addition, local community organizations are extremely effective as
employer/employee linkage resources.
Ø
Contractors
may maintain files of letters to minority and female recruitment sources
announcing the employment opportunities and application procedures. In order to maintain a record of recruitment
organizations’ responses, contractors may retain any written responses received
from the sources, or log or otherwise record the responses.
Ø
An
applicant flow log may be used by contractors to identify employment
solicitations and referrals, and to track the results of the applications. Applicant flow documentation should include
copies of correspondence from recruitment sources, copies of job announcements
from state employment offices, and copies of notes, diaries, phone logs and/or
other written records of contacts with recruitment organizations.
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EEO and Affirmative Action Specification #3 |
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Contractors and subcontractors must maintain current files containing
the names, addresses and telephone numbers of each minority or female
off-the-street applicant and minority or female referral from a union,
recruitment source or community organization and of what action was taken
with respect to each individual. Occasionally,
contractors/subcontractors will send individuals to the union hiring hall for
referral back to the contractor. If
the union did not refer the individual to the contractor or if the individual was referred but was not hired, the
contractor/subcontractor must keep a record of all actions taken, along with
the reasons why the referral or hiring did not occur. (41 CFR 60-4.3(a)7.c.) |
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Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should establish files that show the names, addresses, telephone numbers and
trades of each minority and female applicant and referral.
Ø
In
addition to an applicant flow log, contractors may wish to note on the actual
employment application forms what action was taken with respect to each
applicant and the reason for non-hire.
Ø
Where
an applicant has been referred to the union for referral back to the
contractor, contractors should document this action and its results or any
follow-up contacts made with the applicant or the union.
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EEO and Affirmative Action Specification #4 |
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Contractors and subcontractors must immediately notify the Deputy
Assistant Secretary in writing when the union or unions with which the
contractor/subcontractor has a collective bargaining agreement has not
referred a woman or minority individual sent by the contractor/subcontractor.
Similarly, contractors/subcontractors
must notify OFCCP when the contractor/subcontractor has other information
that the union referral process has impeded the contractor’s efforts to meet
its EEO and affirmative action obligations. (41 CFR 60-4.3(a)7.d.) |
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Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should keep copies of all letters to and from the unions, minutes of meetings,
etc., related to any claims that the union has impeded the company’s efforts to
comply with its EEO obligations.
Ø
Contractors
should also keep copies of any letters sent to the OFCCP that contain claims of
non-referral or claims that a union has impeded the contractor’s efforts to
comply with EEO obligations.
Note: Neither the provisions of a
collective bargaining agreement, nor the failure by a union with whom the
contractor has a collective bargaining agreement, to refer either minorities or
women shall excuse the contractor’s obligations under the contract
specifications, Executive Order 11246, as amended, or the applicable
regulations (see 41 CFR 60-4.3(a)5.).
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EEO and Affirmative Action Specification #5 |
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Contractors and subcontractors must develop on-the-job training
opportunities or participate in training programs for the job area(s) which
expressly include minorities and women. Contractors’ actions must include upgrading
programs, apprenticeships and trainee programs relevant to the contractor’s
employment needs, especially those programs approved by the Department of
Labor. Contractors and subcontractors must provide notice of these training
opportunities and job programs to recruitment sources, state employment
offices and other referral sources that the contractor/subcontractor has
compiled under Specification 2
above. (41 CFR 60-4.3(a)7.e.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
may maintain records of employees’ participation in training programs,
including those that are approved or funded by the Department of Labor’s Bureau
of Apprenticeship and Training.
Ø
Contractors
may document any contributions of cash, equipment or personnel provided in
support of training or apprenticeship programs.
Ø
Contractors
may inform minority and female recruitment sources and schools of these
programs in writing. Contractors should
retain copies of any such letters.
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EEO and Affirmative Action Specification #6 |
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Contractors and subcontractors must disseminate EEO policies by: Ø
Providing notice of the policies to unions and training programs and
requesting their cooperation and assistance in meeting EEO obligations; Ø
Including EEO policy statements in all policy manuals and collective
bargaining agreements; Ø
Publicizing these policies in company newsletters, the annual report,
etc.; Ø
Specifically reviewing the policy with all management personnel and
with all minority and female employees at least once a year; and, Ø
Posting the EEO Policy on bulletin boards accessible to all employees
at each location where construction work is performed. (41 CFR 60-4.3(a)7.f.) |
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Examples of Actions That Demonstrate Compliance:
Ø
In
addition to including EEO policies in all policy manuals, contractors may
include EEO policies in employee handbooks provided to each employee when they are
hired (if such a handbook exists).
Ø
Copies
of contractors’ EEO policies should be posted on bulletin boards that are
accessible to all employees at each location where construction work is
performed.
Ø
Contractors
should document discussions that it has with employees about EEO policies. For example, employees may be asked to sign a
receipt for an employee handbook that contains EEO policies. Employees can be asked to sign a form at a new
employee orientation indicating that the company’s EEO policies have been
reviewed with them.
Ø
Contractors
may also keep copies of letters, memoranda and notices to unions and training
programs notifying them of the contractor’s EEO policies and requirements and
requesting their assistance in meeting those obligations.
Ø
Contractors
can keep a file containing company newsletters and annual reports which contain
descriptions of EEO policies.
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EEO and Affirmative Action Specification #7 |
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At least once a year, contractors and subcontractors must review EEO
policies and affirmative action obligations (under these specifications) with
all employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions. These EEO policies and affirmative action
obligations must be specifically reviewed with on-site supervisory personnel
such as superintendents, general foremen, etc., prior to starting
construction work at any job site. Contractor/subcontractor
personnel must maintain records that identify the time and place of these
meetings, persons attending, subject matter discussed and disposition of the
subject matter. (41 CFR 60-4.3(a)7.g.) |
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Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should have written records (memoranda, diaries, minutes of meetings, etc.) that
identify the time and place of these meetings, persons attending, subject
matter discussed and disposition of the subject matter.
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EEO and Affirmative Action Specification #8 |
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Contractors and subcontractors must disseminate EEO policies externally
by including them in any advertising in the news media (including minority
and female news media). Contractors
and subcontractors must also provide written notification to and discuss EEO
policies with other contractors and subcontractors with whom the
contractor/subcontractor does or anticipates doing business. (41 CFR 60-4.3(a)7.h.) |
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Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should have copies of any employment advertisements or job announcements which
specifically include the EEO “tagline.” The
tagline may state that the contractor is “an equal opportunity employer,” or it
may alternatively state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, gender,
or national origin. The tagline should
appear in all advertisements placed in media, including those targeted towards
minority and female audiences.
Ø
Contractors
should maintain copies of correspondence with subcontractors that notify them
of EEO contractual obligations and the contractor’s commitment to compliance.
Ø
Contractors
should document meetings with construction industry associations and
organizations where the Federal EEO and affirmative action contract obligations
and methods for facilitating compliance have been discussed or acted upon.
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EEO and Affirmative Action Specification #9 |
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Contractors and subcontractors must direct recruitment efforts, both
oral and written, to minority, female and community organizations, to schools
with minority and female students, and to minority and female recruitment and
training organizations serving the contractor’s recruitment area and
employment needs. Contractors/subcontractors must send notice to its
recruitment sources for women and minorities announcing acceptance of
applications for apprenticeship or other training. This notice must be sent no later than one
month before publication of apprenticeship and training announcements. Notices must describe the openings,
screening procedures and tests to be used in the selection process. (41 CFR 60-4.3(a)7.i.) |
|
Examples of Actions to Demonstrate Compliance:
Ø
Contractors
should have written records of contacts (such as written communications,
telephone calls or personal meetings) with minority and female community
organizations, recruitment sources, schools and training organizations. Records
should specify the date of the contact, the individual contacted, results of
the contact, and any follow-up efforts.
Ø
Contractors
should also document their contacts with local offices of the state employment
service, Private Industry Council, vocational/technical schools or high schools
with construction related training programs, Displaced Homemaker Programs,
Urban League or Opportunities Industrialization Center (OIC) training and
referral programs, or other community based organizations.
Ø
If
a union is responsible for acceptance into the training programs, contractors
should ensure that information is obtained from the union on individuals who
were referred from the recruitment sources/organizations that were accepted in
the program.
Ø
Contractors
should maintain records of written contacts to recruitment sources announcing
training and apprenticeship opportunities. Recruitment sources must be notified one month
before the company begins accepting applications.
|
|
EEO and Affirmative Action Specification #10 |
|
|
|
Contractors and subcontractors must encourage current minority and
female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority
and female youth both at the work site and in other areas of the contractor’s
work force. (41 CFR 60-4.3(a)7.j.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
may have copies of diaries, telephone logs or memos indicating contacts (both
written and oral) with minority and female employees requesting their
assistance in recruiting other minorities and women, and records of the
results. Contractors should specifically discuss recommendations for referral
with minority and female trade employees.
Ø
Supervisors
and crew leaders may keep a log of worker referrals from minority or female
employees or recruitment sources.
Ø
Contractors
that provide after-school, summer and vacation employment to minority and
female youth should maintain records of such employment. Contractors may also retain on file any
letters and other documentation of contact with recruitment sources or local
state employment agencies regarding these youth employment programs.
|
|
EEO and Affirmative Action Specification #11 |
|
|
|
Contractors and subcontractors must validate all tests and other
selection requirements where there is an obligation to do so under 41 CFR
Part 60-3, the “Uniform Guidelines on Employee Selection Procedures (1978).” (41 CFR 60-4.3(a)7.k.). Actions for demonstrating compliance vary by
the number of people employed by the contractor. (41 CFR 60-3.15A(1)). |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
with 100 or fewer employees who are not required to file an EEO-1 Report should
collect data to help determine if the test or selection requirement has a
possible adverse impact on any race, sex, or ethnic group (see 41 CFR
60-3.15A(1)). These contractors should
maintain and have available records showing, for each year:
1)
The
number of persons hired, promoted and terminated in each trade (e.g., carpenter, brick masons, concrete
finishers, ironworkers, mechanics, equipment operators), by sex (gender), and
where appropriate, by race and national origin[2];
2)
The
number of applicants for hire and promotion by trade and sex, and where
appropriate, by race and national origin; and
3)
The
selection procedures used (such as standardized testing or unstructured
interviews and qualifications review) for each trade.
Ø
Contractors
with more than 100 employees should maintain the records listed above and
maintain records for each job that show whether the total selection process for
each job has an adverse impact on either gender or on any of the following race
and ethnic groups specified in the OFCCP regulations: Blacks, American Indians,
Asians, Hispanics, and whites other than Hispanics[3].
For guidance on adverse impact
determinations, see Appendix B of this Guide. Contractors should perform adverse impact
analyses at least once a year for each group that comprises at least two
percent of the labor force in the relevant area or two percent of the
applicable workforce. Where a total
selection process does adversely impact a specific race or ethnic group,
contractors should maintain and have available records showing which components
of the selection process have an adverse impact. Records regarding individual components of the
selection process should be collected for at least two years after the adverse
impact has been eliminated. Contractors
must validate selection procedures that have an adverse impact in accordance
with the Uniform Guidelines.
|
|
EEO and Affirmative Action Specification #12 |
|
|
|
At least once a year, contractors and subcontractors must inventory
and evaluate all minority and female personnel for promotional opportunities.
Contractors must also encourage these
employees to seek or prepare for, through appropriate training, etc.,
promotional opportunities. (41 CFR
60-4.3(a)7.l.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
may keep written records (memoranda, letters, personnel files, etc.) showing
promotional opportunities for women and minorities are reviewed annually.
Ø
Contractors
may keep written records documenting that the participation of women and
minorities in promotional opportunities is encouraged.
|
|
EEO and Affirmative Action Specification #13 |
|
|
|
Contractors and subcontractors must ensure that seniority practices,
job classifications, work assignments and other personnel practices do not
have a discriminatory effect, by continually monitoring all personnel and
employment related activities to ensure that EEO policies and contractors’
obligations under the contract specifications are being carried out. (41 CFR 60-4.3(a)7.m.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
may use data collected under Specification
11 to determine if seniority practices, job classifications, work
assignments or other personnel practices have an adverse impact on women and
minorities.
Ø
Contractors
may wish to audit or examine existing personnel practices periodically or to
convene an EEO task force when developing new personnel practices to ensure
that EEO obligations are being adequately addressed and incorporated.
Ø
Contractors
must ensure current policies are reviewed on a regular basis to identify
factors that are not equally applied.
|
|
EEO and Affirmative Action Specification #14 |
|
|
|
Contractors and subcontractors must ensure that all facilities and
company activities are non-segregated except that separate or single-user
toilets and necessary changing facilities designed to assure privacy between
the sexes shall be provided. (41 CFR
60-4.3(a)7.n.) |
|
The term “facilities” refers to waiting rooms, work areas, eating
areas, time clocks, rest rooms, washrooms, locker rooms, and other storage or
dressing areas, parking lots, drinking fountains, recreation or transportation,
and housing facilities provided for employees.
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should offer adequate toilet and changing facilities to all employees to
guarantee privacy between the sexes.
Ø
Contractors
may compile announcements (e.g.,
flyers, posters, e-mails) of company sponsored events such as training, parties
or picnics and documentation reflecting that notification has been disseminated
equally to all employees.
|
|
EEO and Affirmative Action Specification #15 |
|
|
|
Contractors and subcontractors must document and maintain records of
all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other
business associations. (41 CFR 60-4.3(a)7.o.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
should keep letters or other direct solicitations for subcontracts from
minority or female contractors with a record of the specific responses and any
follow-up activities done to obtain price quotations.
Ø
Contractors
may have a list of subcontracts they have awarded to minority or female
contractors or suppliers, showing the dollar amounts involved.
Ø
Contractors
should retain copies of solicitations sent to minority and women’s contractor
associations or other business associations and state or local governmental
agencies.
|
|
EEO and Affirmative Action Specification #16 |
|
|
|
At least once a year, contractors and subcontractors must conduct a
review of all supervisors’ adherence to and performance under the company’s
EEO policies and affirmative action obligations. (41 CFR 60-4.3(a)7.p.) |
|
Examples of Actions That Demonstrate Compliance:
Ø
Contractors
may keep copies of performance evaluations, memoranda, letters, reports, and
minutes of meetings or interviews with supervisors and management personnel
about their employment practices as they relate to EEO policy and affirmative
action obligations.
Ø
Contractors
should also compile any written evidence that supervisors and managers have
been notified when their employment practices adversely or positively affected
the company’s EEO and affirmative action posture.
Additional
Requirements
|
|
Additional Requirements - Contract Clauses |
|
|
|
Contractors or subcontractors
with Federal construction contracts or subcontracts must include or reference
the following clauses in certain (depending on dollar amount) subcontracts
and purchase orders resulting from the contract: Ø
Executive Order 11246 equal opportunity clause; Ø
Executive Order 11246 contract specifications clause; Ø
VEVRAA equal opportunity clause; and Ø
Section 503 equal opportunity clause. Federally
assisted construction contracts or subcontracts must include or reference the
following clauses in certain (depending on dollar amount) subcontracts and
purchase orders resulting from the contract: Ø
Executive Order 11246 equal opportunity clause; and Ø
Executive Order 11246 contract specifications clause. |
|
Explanation of Requirements:
Ø
Federal
construction contractors must include or reference provisions of the Executive
Order 11246 equal opportunity clause shown in 41 CFR 60-1.4(a) in each
subcontract or purchase order of more than $10,000 per year resulting from the
contract. Federally assisted
construction contractors must include or reference provisions of the Executive
Order 11246 equal opportunity clause shown in 41 CFR 60-1.4(b) in each
subcontract or purchase order of more than $10,000 per year resulting from the
contract.
Ø
Whenever
a contractor or subcontractor subcontracts a portion of the work involving any
construction trade, the Specifications, including the sixteen EEO and
affirmative action program requirements described above and the “Notice of
Requirement for Affirmative Action to Ensure Equal Employment Opportunity” (41
CFR 60-4.2(d)) containing the applicable goals for minority and female participation
must be included in subcontracts larger than $10,000.
Ø
Regulations
implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as
amended (38 U.S.C. 4212), require that contractors include or reference the
provisions of the equal opportunity clause for covered veterans in each
subcontract and purchase order. See 41
CFR Parts 60-250.5 and 300.5.
Note: Contractors holding federally assisted contracts
are not covered by VEVRAA, and are not required to include this clause.
Ø
Regulations
implementing Section 503 of the Rehabilitation Act of 1973, as amended, require
that contractors include or reference the equal opportunity clause for
individuals with disabilities (at 41 CFR 60-741.5) in each subcontract and
purchase order in excess of $10,000.
Ø
Note:
Contractors holding federally assisted contracts are not covered by Section
503, and are not required to include this clause.
|
|
Additional Requirements - Notification of Award |
|
|
|
Contractors and subcontractors must notify OFCCP in writing within 10
working days of the award of any construction subcontract in excess of
$10,000 that is made under a covered Federal or federally assisted
construction contract. Contractors/subcontractors may fulfill this
requirement by notifying the nearest OFCCP district office. (See Appendix D
of this Guide.) |
|
Explanation of Requirements:
Ø
Per
60-4.2d(3), written notification must include:
w
Name,
address and telephone number of the subcontractor;
w
The
subcontractor’s employer identification number;
w
Estimated
dollar amount of subcontract;
w
Estimated
starting and completion dates of the subcontract; and
w
Geographic
area in which the subcontract is to be performed.
|
|
Additional Requirements - Recordkeeping |
|
|
|
Contractors and subcontractors must keep records about their entire
on-site construction trade workforce within each covered area in which they
perform any construction work (both Federal and non-Federal). See 41 CFR 60-1.12(a) and 60-4.3(a)14. |
|
Explanation of Requirements:
Ø
A
covered area (also referred to as a geographical area) is the area identified
in the solicitation that generated the Federal or federally assisted
construction contract or subcontract.
Ø
Any
personnel or employment record made or kept by the contractor must be
preserved. Federal construction
contractors with 150 or more employees and a Government contract of at least
$150,000 must preserve such records for no less than two years from the date of
making the record or the date the personnel action occurred, whichever is
later. Federally assisted construction
contractors, and federal construction contractors with fewer than 150 employees
or a Government contract of less than $150,000, must retain such records for a
minimum of one year from the date they were created or the date the personnel
action occurred, whichever is later.
Ø
Relevant
records include, but are not necessarily limited to, records pertaining to
hiring, assignment, promotion, demotion, transfer, layoffs, terminations, rates
of pay or other terms of compensation, selection for training and
apprenticeship, results of physical examinations (kept in a confidential
medical file), job postings, job advertisements, applications, resumes, tests,
test results, and job interview notes.
Ø
Contractors
must keep records that include, at a minimum for each employee, the name,
address, telephone number, social security number, race, gender, rate of pay,
construction trade, job title (for example, “Equipment Operator,” “Apprentice Trainee,”
“Laborer”), dates of change in job status, hours worked per week in each
indicated trade, locations at which the work was performed, union affiliation
if any, and employee identification number if any. The records must be maintained in an easily
understandable and retrievable form. However
to the extent that existing records satisfy this requirement, contractors are
not required to maintain separate records.
Ø
Contractors
may transfer their original paper records to an electronic recordkeeping
system, if the medium used accurately reproduces the paper original and would
constitute a duplicate or substitute copy of the original paper record under
Federal law.
|
|
Additional Requirements - EEO-1 Report |
|
|
|
Contractors and subcontractors with 50 or more employees and with a
covered contract or subcontract of $50,000 or more must submit an annual
EEO-1 Report (41 CFR 60-1.7a). |
|
Explanation of Requirements:
Ø
The
EEO-1 Report (which identifies employees in job categories by race, ethnicity,
and sex) is sent to the Joint Reporting Committee (JRC), which is comprised of
representatives from the Department of Labor and the Equal Employment
Opportunity Commission. Reports must be
filed with the JRC by September 30.
Ø
Contractors
that maintain a single establishment must only complete one EEO-1 Report
yearly.
Ø
Contractors
that maintain multiple establishments must file:
w
One
report covering the company’s principal or headquarters office;
w
A
separate report for each establishment employing 50 or more people;
w
A
consolidated report for the entire company which includes all employees.
Ø
The EEO-1 Joint Reporting Committee can be
reached at:
A sample
EEO-1 Report form is provided on the next two pages.


|
|
Additional Requirements - 503 and VEVRAA |
|
|
|
Covered federal
construction contractors and subcontractors must comply with the
nondiscrimination and affirmative action requirements of Section 503 and
VEVRAA. Additionally, contractors and
subcontractors holding a Federal contract of at least $50,000 and having 50
or more employees must prepare a written affirmative action program for
qualified individuals with disabilities.
Contractors and subcontractors holding a Federal contract of at least
$100,000 and having 50 or more employees must prepare a written affirmative
action program (AAP) for covered veterans.
These written affirmative action programs may be developed separately
or combined. NOTE: Section 503 and VEVRAA AAP requirements
do not apply to federally assisted
construction contracts. |
|
Explanation of
Requirement:
Ø
Equal opportunity clauses. Federal contractors must include
or reference the Section 503 equal opportunity clause in all subcontracts and
purchase orders in excess of $10,000. Federal
contractors must include or reference the VEVRAA equal opportunity clause in
all subcontracts and purchase orders of $100,000 or more.
Ø
Invitation to self-identify:
Section 503. The
contractor shall, after making an offer of employment to a job applicant and
before the applicant begins his or her employment duties, invite the applicant
to inform the contractor whether the applicant believes that he or she may be
protected by Section 503 and wishes to benefit under the contractor’s Section
503 affirmative action program. The
contractor may also invite self-identification prior to making a job
offer only when:
w
The
invitation is made when the contractor actually is undertaking affirmative
action for individuals with disabilities at the pre-offer stage; or
w
The
invitation is made pursuant to a Federal, state or local law, such as Section
503, that requires affirmative action for individuals with disabilities.
For further explanation of
self-identification requirements, see 41 CFR Part 60-741.42. There is a sample
invitation to self-identify in Appendix B to 41 CFR Part 60-741.
Ø
Invitations to self-identify: VEVRAA
. The invitation to self-identify
requirement for disabled veterans mirrors the Section 503 requirement for
individuals with disabilities. The
contractor may invite disabled veterans to self-identify prior to making
a job offer only when:
w
The invitation is made
when the contractor actually is undertaking affirmative action for disabled
veterans at the pre-offer stage; or
w
The invitation is made
pursuant to a Federal, state or local law, such as VEVRAA, that requires
affirmative action for disabled veterans at the pre-offer stage.
The contractor
must also invite applicants to inform the contractor whether the applicant
believes that he or she is a recently separated or other protected veteran under VEVRAA and wishes to benefit
under the affirmative action program. This
general invitation to veterans may be extended at any time before the applicant
begins his or employment duties.
For further explanation of
self-identification requirements, see 41 CFR Parts 60-250.42 and 60-300.42. There
is a sample invitation to self-identify at 41 CFR Part 60-300, Appendix B.
Ø
Personnel Practices. Contractors must review personnel
practices to ensure that the qualifications of known protected veterans or
individuals with disabilities are given proper consideration for job vacancies
filled either by hiring or promotion, and for all training opportunities
offered or available.
w
If
contractors find that any of these practices have been discriminatory, the
practice must be changed and the change must be noted in the contractor’s
affirmative action program.
w
Individual
personnel actions (including pre-employment testing) should also be carefully
documented. Contractors should be able
to provide records of every opening for which an individual with a disability
or protected veteran had been considered. Personnel records or employment application
forms should identify a specific job opening. If a worker or an applicant who is an
individual with a disability or a protected veteran was not selected,
contractors should provide a comparison of the qualifications of the person
selected with those of the individual with a disability or protected veteran. Records should also indicate what
accommodations (if any) were considered to enable the disabled or veteran
worker to perform the job.
w
With
respect to protected veterans, contractors may only use those portions of a
person’s military record that are job-related.
Ø
Mental and Physical Job
Requirements. Contractors must review all mental and
physical job requirements used in selection processes and in medical standards,
information and qualifications.
w
Examples
of mental and physical job requirements include job descriptions containing
phrases such as “must be able to lift 50 pounds,” or “carry heavy mail bags to
and from the accounting department,” or “must be able to tolerate heights.” Other
examples may include policy statements about desired weight, height, physical
condition, vision, etc. of the employee.
w
Except
in the following circumstances, it is unlawful under Section 503 and the Americans
with Disabilities Act (ADA) of 1990, as amended, 42 U.S.C. 12112(c), for
contractors to require a medical examination of an applicant or employee, or to
make inquiries as to whether an applicant or employee is an individual with a
disability or as to the nature or severity of such disability.
§
The
contractor may make pre-employment inquiries into the abilities of an applicant
to perform job-related tasks, or may ask the applicant to describe or
demonstrate how, with or without reasonable accommodation, they will be able to
perform job-related functions.
§
The
contractor may require a medical examination (and/or inquiry) after making an
offer of employment to a job applicant and before the applicant begins his or
her employment duties, and may condition an offer of employment on the results
of such examination (and/or inquiry), if all entering employees in the same job
category are subjected to such an examination (and/or inquiry) regardless of
disability.
§
Post-employment,
the contractor may only make a disability-related inquiry of an employee, or
require that an employee have or submit to a medical test or examination, if
the inquiry, test, or examination is job related and consistent with business
necessity.
Ø
Reasonable Accommodation. Contractors must provide
reasonable accommodation to the known physical and/or mental limitations of
applicants and employees with disabilities or disabled veterans, unless the
contractor can demonstrate that the needed accommodation would impose an undue
hardship on the operation of its business.
The term reasonable accommodation means:
(i)
Modifications
or adjustments to a job application process that enable a qualified applicant
who is an individual with a disability or a disabled veteran to be considered
for the position such applicant desires; or
(ii)
Modifications
or adjustments to the work environment, or to the manner or circumstances under
which the position held or desired is customarily performed, that enable a
qualified individual with a disability or disabled veteran to perform the
essential functions of that position; or
(iii)
Modifications
or adjustments that enable the contractor’s employee who is an individual with
a disability or a disabled veteran to enjoy equal benefits and privileges of
employment as are enjoyed by the contractor’s other similarly situated
employees who are not individuals with disabilities or disabled veterans.
w
Reasonable accommodation may include but is not limited to:
(i) Making existing facilities used by
employees readily accessible to and usable by individuals with disabilities and
disabled veterans; and
(ii) Job restructuring; part-time or modified
work schedules; reassignment to a vacant position; acquisition or modifications
of equipment or devices; appropriate adjustment or modifications of
examinations, training materials, or policies; the provision of qualified
readers or interpreters; and other similar accommodations for individuals with
disabilities or disabled veterans.
Ø
Employment Practices Review. Contractors must undertake appropriate
outreach and recruitment activities that are reasonably designed to effectively
recruit qualified individuals with disabilities, qualified disabled veterans, and
other protected veterans. The extent to
which a contractor needs to adopt outreach and recruitment efforts depends on
all the circumstances, including the contractor’s size and resources, and the
extent to which existing employment practices are adequate. To comply with this requirement, a contractor
may undertake practices such as the following:
w
Contractors
should develop a system of internal company communications that fosters
acceptance and support of the affirmative action program within their company.
w
Contractors
should develop a system of checks and audits to ensure that affirmative action
measures are being fully implemented.
w
Contractors
should actively recruit applicants who are individuals with disabilities and
protected veterans through schools and training institutions, consumer groups,
veterans’ employment representatives at state employment services, vocational
training programs and any other sources that can provide support and assistance
(e.g., a state vocational
rehabilitation agency).
w
Contractors
should include individuals with disabilities in consumer, promotional or recruitment
advertising.
w
Contractors
should secure the cooperation and understanding of subcontractors and unions,
vendors and suppliers.
w
Contractors
should review employees’ records to see if their abilities are being fully
used.
w
Contractors
should review employees’ records to determine who is eligible for promotion or
transfer.
Note: This requirement is similar
to Reviewing Personnel Practices, but goes beyond demanding equal
opportunity by requesting specific affirmative actions from contractors. This
element also applies to a broader range of contractor activities.
Ø
Mandatory Job Listing. Contractors are required, under VEVRAA, to
list with the State workforce agency job bank or the local employment service delivery
system all employment openings except executive and top management positions,
those positions that will be filled from within the contractor’s organization,
and positions lasting three days or less. All employment openings include full-time
employment, temporary employment of more than three days’ duration, and
part-time employment.
|
|
Additional Requirements - VETS 100 and VETS 100A Reports |
|
|
|
Once a
year, federal contractors and subcontractors covered under VEVRAA must
compile a report of the numbers of disabled and other covered veterans in
their work force by job category and hiring location. Contractors/subcontractors
must also collect data indicating the total number of employees and the
number of disabled veterans, Armed Forces service medal veterans, recently
separated veterans, and other covered veterans hired during the reporting
period. Contractors and subcontractors
must use the VETS-100 or VETS-100A form, as appropriate, for this report. [41 CFR Part 61-250 and Part 61-300.] |
|
Explanation
of Requirements:
Ø
A VETS-100 Report is to be completed by each federal contractor or
subcontractor with a contract or subcontract of $25,000 or more entered into
before December 1, 2003, and not modified after that date.
Ø
The VETS-100A Report is to be completed by each federal contractor
or subcontractor with a contract or subcontract entered into or modified on or
after December 1, 2003, in the amount of $100,000 or more.
Ø
Contractors or subcontractors with
multiple work establishments must prepare a VETS-100/VETS-100A report for:
w
The company’s principal or headquarters
office;
w
Each hiring location employing 50 or more
persons; and
w
Each hiring location with less than 50
employees or consolidated reports for all hiring locations in each state.
For more
information or to request VETS-100 or VETS-100A Report forms, visit the
VETS-100/100A website at http://vets.dol.gov/vets100/,
e-mail the VETS-100 staff at VETS100-customersupport@dol.gov or call 1-866-237-0275.
A sample form currently in use as of the publication
date of this Guide is on the following page. Downloadable forms are available
at: http://www.vets100.com.


|
|
Additional Requirements - I-9 Forms |
|
|
|
Under the Immigration Reform and Control Act of 1986 (IRCA),
contractors and subcontractors must maintain I-9 forms to verify that their
employees are legally authorized to work in the |
|
Explanation of Requirements:
Ø
OFCCP
will review contractors’ records to verify the following actions have been
performed to comply with this law:[4]
w
New
employees must complete an I-9 form when they start work;
w
Contractors
must check documents that indicate the employee’s identity (e.g., driver’s
license, passport) and eligibility to work (e.g., work visa, social security
card);
w
Contractors
must properly complete the verification sections on the I-9 form;
w
Contractors
must keep I-9 forms for at least three (3) years or at least one year after a
person leaves the contractor’s employment for employees who stay for more than
three years; and
w
I-9
forms must be presented to U.S. Citizenship and Immigration Services (USCIS) or
DOL investigators for inspection upon request.
Ø
I-9 forms may be ordered in bulk from the
Superintendent of Documents, U.S. Government Printing Office,
Ø
USCIS has additional information about the I-9 requirement
on online at http://www.uscis.gov/i-9.
Ø
An
I-9 form must be completed for each newly hired employee. IRCA also prohibits discrimination. Under this law, contractors with four or more
employees may not discriminate against any individual (other than an
unauthorized alien) in hiring, termination, or recruiting or referring for a
fee because of that individual’s national origin or, in the case of a citizen
or intending citizen, because of his or her citizenship status.
Ø
For
more information concerning the anti-discrimination section of this law, contact
the U.S. Department of Justice at:
Civil Rights Division
Office of Special Counsel for Immigration-Related
Unfair Employment Practices
Main Number: (202) 616-5594
Online: http://www.usdoj.gov/crt/osc.
Preparing for a Compliance Evaluation
The OFCCP
conducts compliance evaluations to determine:
Ø
Whether
a contractor’s affirmative action efforts comply with regulatory requirements;
Ø
Whether
a contractor has demonstrated good faith efforts in meeting its affirmative
action requirements;
Ø
Whether
a contractor’s employment policies and practices are free of discriminatory
intent or impact;
Ø
Whether
a contractor has provided reasonable accommodation to qualified individuals
with disabilities;
Ø
Whether
a contractor needs technical assistance to understand the evaluation process or
to ensure that its affirmative action efforts are complete and effective; and
Ø
How
to best remedy any discriminatory practices or regulatory violations.
When contractors are notified of a
compliance evaluation, they are given an overview of the procedures that OFCCP
will use to conduct the evaluation. OFCCP
compliance officers from regional and district offices will conduct the
evaluation. Contractors should make sure
that an officer of the company who is empowered to make and discuss policy and
to make commitments for corrective action, where necessary, is present during
the evaluation.
Contractors
can prepare for a compliance evaluation by conducting a self-audit as a
component of the affirmative action development process, or responding to
inquiries likely to be asked by an OFCCP compliance officer during a
evaluation. OFCCP compliance officers
may ask to see documented evidence of a contractor’s compliance efforts in the
following areas:
Ø Does the contractor have written
documentation of its efforts to comply with each of the 16 EEO and affirmative
action specifications shown in the previous section of this Guide?
Ø Has the contractor conspicuously
displayed the required EEO poster (available from any OFCCP office) at each
work site or company location in areas accessible to both applicants and
employees?
Ø Do the contractor’s contracts and
purchase order forms display or reference the equal opportunity clauses as
required?
Internal Dissemination of Policy
Ø At the start of each new job, has
the contractor reviewed its EEO policy and affirmative obligations with all
on-site supervisory and management personnel? Has the contractor kept records of these
reviews?
Ø Per the guidelines on
discrimination because of religion or national origin (41 CFR Part 60-50), have
employees been informed of the contractor’s commitment to equal employment
opportunity for all persons, without regard to religion or national origin?
Ø Does the contractor use or solicit
offers for subcontracts to minority and female owned businesses?
Ø Does the facility have written
personnel policies and procedures? Have
these policies and practices had an adverse impact on minorities, women,
qualified individuals with disabilities, qualified disabled veterans, or other
protected veterans?
Ø Are job descriptions in written
form? Are job criteria objective and
job-related?
Ø
Does the contractor
maintain proper applicant flow records?
Ø Does the contractor maintain proper
records about terminations and separations?
Ø Does the contractor maintain a
system for identifying minority and female applicants and applicants who are
individuals with disabilities and protected veterans for future consideration?
Validation
Ø Are written employment tests used
by the contractor? If so, does the use
of the test have an adverse impact on the hiring of minorities or women? Have tests been validated to ensure that they
are valid predictors of an applicant’s success in that position?
Ø What recruitment sources are used
by the contractor? Do these sources
refer women, minorities, qualified individuals with disabilities, qualified disabled
veterans, recently separated veterans, and other covered veterans?
Ø Are
applicant processing procedures carried out in a uniform, nondiscriminatory
fashion?
Ø
Is there a disparity between the separation and termination rate of
minorities and women as compared to non-minorities and males; or for
individuals with disabilities and protected veterans as compared to individuals
without disabilities and those who are not protected veterans? If so, why is that?
Ø Are there any restrictions to the
granting of fringe benefits, including medical and life insurance, pension and
retirement benefits, credit union benefits, and profit sharing and bonus plans
based on the gender of the employee, status as a protected veteran or status as
an individual with a disability?
Ø Are employment benefits available
to the wives and families of male employees also available to the husbands and
families of female employees? Are the
benefits available to the families of individuals without disabilities and
those who are not protected veterans also available to the families of
individuals with disabilities and protected veterans?
Ø Does the contractor employ
minorities, women, qualified individuals with disabilities, and protected veterans
in each of its crafts? If so, to what
extent? If not, what efforts has the contractor made to recruit members of
these groups?
Ø Are training programs, including
apprenticeship programs, available to employees without regard to race, color,
sex, national origin, religion, or their status as an individual with a
disability or protected veteran?
Ø Do jobs offered by the contractor
have similar duties but different pay rates? If so, do minorities or women earn less than
their non-minority or male counterparts? Do individuals with disabilities or protected
veterans earn less than their counterparts who are not individuals with
disabilities or protected veterans?
Ø Do minorities, women, individuals
with disabilities or protected veterans receive lower starting rates of pay
than their counterparts with similar education and experience?
Ø Has the contractor reviewed its
salary structure to ensure that it does not discriminate against minorities,
women, individuals with disabilities or protected veterans?
Ø Has the contractor reviewed its
employment practices to determine whether members of various religious or
ethnic groups receive fair consideration for job opportunities?
Ø Have reasonable accommodations to
the religious observances and practices of employees or prospective employees
been made, unless the accommodation would impose an undue hardship?
Ø Have
recruiting sources been informed of the contractor’s commitment to provide
equal employment opportunity without regard to religion or national origin?
Ø Does the contractor’s policy on
maternity leave meet regulatory requirements?
Ø
Has the contractor
implemented policies and procedures to prevent, identify, and remedy instances
of sexual harassment, and of harassment based on race, color, religion,
national origin, gender, disability, or status as a protected veteran?
Ø Does the contractor’s policy on
mandatory or optional retirement age differ based upon the gender of the
employee or their status as an individual with a disability or protected
veteran?
Having answers and documentation
for the above questions will go a long way towards preparing a contractor for
an OFCCP compliance evaluation. Contractors
should also know that when a compliance evaluation is scheduled, compliance
officers will request the following documents for on-site inspection:
Ø
Books,
records, payrolls, accounts and other relevant documents, including a list,
separated by construction project, of all employees who are members of
protected groups who worked during the 12 months preceding this evaluation;
Ø
Documentary
evidence of the implementation of each of the specific affirmative action
standards set forth in the sixteen specifications;
Ø
A
list of all Federal projects, including contract numbers, locations, estimated
dollar values, percents completed and projected completion dates;
Ø
A
list of all non-Federal projects;
Ø
A
copy of the EEO-1 Report, where available;
Ø
A
copy of the written affirmative action program for individuals with
disabilities, and the written affirmative action program for protected veterans
(for contractors with Federal construction contracts only, not federally
assisted construction contracts);
Ø
A
copy of the VETS-100 and VETS-100A reports (for contractors with Federal
construction contracts only, not federally assisted construction contracts);
and
Ø
Recognizing
Good Faith Effort
Each year OFCCP hosts an award
ceremony to recognize and honor those contractors and subcontractors that go
well beyond the minimum requirements of the EEO and affirmative action laws.
The Secretary of Labor's Opportunity Award, initiated in 1988,
is presented by the Secretary of Labor to honor one contractor for the
successful implementation of a significant multi-faceted program ensuring equal
employment opportunity and affirmative action within its organization and for
the successful implementation of programs supporting these goals in the broader
community.
The Exemplary Voluntary Effort (EVE) Award, initiated in 1983, is
presented by the Deputy Assistant Secretary for Federal Contract
Compliance to those contractors that have demonstrated through programs or activities,
exemplary and innovative efforts to increase the employment opportunities
for employees, including minorities, women, individuals with disabilities and
covered veterans.
The Exemplary Public Interest Contribution (EPIC) Award, initiated in
1994, is presented by the Deputy Assistant Secretary for Federal
Contract Compliance to honor selected public interest organizations
that have supported affirmative action and linked their efforts with those
of Federal contractors to enhance employment opportunities for minorities,
women, individuals with disabilities and protected veterans.
The G-FIVE Initiative, initiated in 2008,
recognizes companies' good faith efforts and best practices to employ and
advance veterans. G-FIVE recognition is
awarded by the Deputy Assistant Secretary for Federal Contract Compliance.
To be eligible for consideration
for an EVE or Opportunity Award, a nominee must be a Federal contractor covered
by Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act, as amended; and the Vietnam Era Veterans'
Readjustment Assistance Act, as amended. Also, nominees must not have any
unresolved violations of Federal law, as determined by compliance
evaluations, complaint investigations, or Federal inspections and
investigations.
In addition, the nominee
must not have any enforcement actions pending, or be subject
to any corrective actions or consent decrees that have
resulted from litigation under laws enforced by the Department of
Labor. While the EVE Award may be given
for a single program or activity, recipients of the Opportunity 2000 Award must
have developed and implemented a multi-faceted affirmative action
program directed towards the changing demographics of the labor
force. This may include involvement
in community-based projects that assist in the development of a
diverse workforce for the future. The Opportunity
2000 Award nominee may represent a single establishment or the entire
corporation.
In past years,
Ø
Recruitment, retention
and management training and development programs that shatter glass ceilings
and enhance opportunities for women and minorities at all levels of management;
Ø
Innovative outreach
and recruitment programs designed to attract minorities, women, qualified
individuals with disabilities, and qualified protected veterans;
Ø
Processes which
provide individuals basic essential skills needed for employment;
Ø
Programs that motivate
and support minorities and women in attaining advanced degrees, and for
education in science and technical fields;
Ø
Seminars and
conferences that create a greater awareness throughout a company of
contributions of employees with learning disabilities; and
Ø
Work place environment
strategies that help employees balance work and family responsibilities.
To be eligible for consideration
for an EPIC Award, a nominee must be a non-profit public interest organization
whose activities support the mission of the OFCCP. Past winners have been
recognized for their efforts in non-traditional employment for women,
vocational training, literacy training, legal advocacy, scholarship programs,
mentoring, and linkage with employment referrals to Federal contractors.
The latest
guidance on the eligibility criteria,
nomination process and administrative procedures for the
http://www.dol.gov/ofccp/media/reports/eveint.htm
The latest guidance on the
eligibility criteria, nomination process and administrative procedures for the
G-FIVE Initiative can be found on OFCCP’s web site at:
http://www.dol.gov/ofccp/g_five.htm
Or contact your local OFCCP office
for additional information regarding any of these honors.
Appendix A:
Glossary of Terms
(Adapted from the
Federal Contract Compliance Manual)
|
Accessibility |
The extent to which a
contractor’s facility is readily approachable and usable by individuals with
disabilities, particularly such areas as the personnel office, job work
sites, rest rooms and public areas. |
|
Adverse impact |
A substantially different rate of
selection in hiring, promotion, transfer, training or other employment
related decisions for any race, sex or ethnic group. See
definition of “Disparate impact.” |
|
Affirmative Action |
Actions, policies and procedures
to which a contractor commits itself that are designed to achieve equal
employment opportunity. Affirmative
action obligations entail thorough, systematic efforts to prevent
discrimination from occurring, to detect it and eliminate it as promptly as
possible, and recruitment and outreach measures. |
|
Applicant flow log |
A chronological compilation of applicants
for employment or promotion candidates, showing each individual categorized
by race, sex and ethnic group, who applied for each job title (or group of
job titles requiring similar qualifications) during a specific period. |
|
Business necessity |
A defense used by an employer
when there is a selection criterion that is facially neutral but which
excludes members of one sex, race, national origin or religious group at a
substantially higher rate than members of other groups (thus creating an
adverse impact). The employer must prove that the requirement having the
adverse impact is job-related and consistent with business necessity. Business necessity may also have to be
proven when a qualification standard screens out an individual because of
their disability. |
|
Civilian labor force |
The aggregate of persons
classified as employed and as unemployed in accordance with the criteria
established by the Bureau of the Census and the U.S. Department of Commerce. |
|
Compliance |
Meeting the requirements and
obligations imposed by Executive Order 11246, as amended, Section 503 of the
Rehabilitation Act of 1973, as amended, or 38 U.S.C. §4212, and their
implementing regulations. |
|
Construction contract |
Any contract for the
construction, rehabilitation, alteration, conversion, extension, demolition
or repair of buildings or highways, or other changes or improvements to real
property, including facilities providing utility services. |
|
Construction site |
The general physical location of
any building, highway or real property undergoing construction,
rehabilitation, alteration, conversion, extension, demolition, repair or any
other change or improvement, and any other temporary location or facility at
which a contractor or other participating party meets a demand or performs a
function relating to the contract or subcontract. |
|
|
|
|
Contract |
Any Government contract or
subcontract or any federally assisted construction contract or subcontract. |
|
|
|
|
Contractor |
A prime contractor or
subcontractor, unless otherwise indicated. |
|
Covered veteran |
As used in this document, this term refers to any veteran
who may be covered by 41 CFR Part 60-250 or 41 CFR Part 60-300. This term includes, but is not limited to,
recently separated veterans, disabled veterans, Armed Forces service medal
veterans, and veterans who served during a war or in a campaign or expedition
for which a campaign badge has been authorized. |
|
Disparate impact |
A theory or category of
employment discrimination. Disparate impact discrimination may be found when
a contractor’s use of a facially neutral selection standard (e.g., a test, an
interview, a degree requirement) disqualifies members of a particular race,
ethnic, or gender group at a significantly higher rate than others and is not
justified by business necessity and job-relatedness. Intent to discriminate is not necessary to
this type of employment discrimination. |
|
Disparate treatment |
A theory or category of
employment discrimination. Disparate treatment discrimination may be found
when a contractor treats an individual or group differently because of race,
color, religion, sex, national origin, disability or veteran status. Intent to discriminate is a necessary
element in this type of employment discrimination, and may be shown by direct
evidence or inferentially by statistical, anecdotal and/or comparative
evidence. |
EEO-1 Report (or “Standard Form
100”) |
The Equal Employment |
|
|
|
|
Employed |
Under criteria established by
the Bureau of the Census and the U.S. Department of Commerce, all civilians
16 years old and over who were either: a)
"at work,"
meaning they performed at least some work during the reference week as paid employees
or in their business or profession, or on their farm, or they worked 15 hours
or more as unpaid workers on a family farm or in a family business; or b)
"with a job but
not at work," meaning they did not work during the reference week but
had jobs or businesses from which they were temporarily absent due to
illness, bad weather, industrial dispute, vacation, or other personal
reasons. Generally excluded from the
category of “employed” are persons whose only activity consisted of unpaid
work around the house or volunteer work for religious, charitable, and
similar organizations, or persons on layoff. |
|
|
|
|
Employee |
A person employed by a Federal contractor, subcontractor
or federally assisted construction contractor or subcontractor. |
|
Establishment |
A facility or unit which produces goods or services, such
as a factory, office, store, or mine. In
most instances, the unit is a physically separate facility at a single
location. In appropriate
circumstances, OFCCP may consider as an establishment several facilities
located at two or more sites when the facilities are in the same labor market
or recruiting area. The determination
as to whether it is appropriate to group facilities as a single establishment
will be made by OFCCP on a case-by-case basis. |
|
Facially neutral selection
standards/criteria |
A criterion/process is facially
neutral if it does not make any reference to a prohibited factor and is
equally applicable to everyone regardless of race, gender or ethnicity, i.e., is not discriminatory on its face. |
|
Federally assisted
construction contract |
Any agreement or modification
thereof between any applicant and a person for construction work which is
paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program
involving a grant, contract, loan, insurance or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan,
insurance or guarantee, or any application of modification thereof approved
by the Government for a grant, contract, loan, insurance or guarantee under
which the applicant itself participates in the construction work. |
|
Immediate labor area |
The geographic area from which
employees reasonably may commute to the contractor’s establishment. It may include one or more contiguous
cities, counties, a metropolitan statistical area (MSA) or parts thereof. |
|
Job area |
Any sub-unit of a work force
sector, such as a department, job group, job title, etc. |
|
Job group |
One or a group of jobs having
similar content, wage rates and opportunities. |
|
Labor area |
Geographic area used in
calculating availability. The area may
vary from local to nationwide. |
|
Non-compliance |
A contractor’s failure to adhere
to the conditions set out in the contract’s equal opportunity clauses and/or
the regulations implementing those clauses and/or failure to correct
violations. |
|
Pattern or practice
discrimination |
Employer actions constituting a
pattern of conduct resulting in discriminatory treatment toward the members
of a class. |
|
|
|
|
Prime contractor |
Any person holding a contract
subject to Executive Order 11246, as amended, Section 503 of the
Rehabilitation Act of 1973, as amended, or VEVRAA, as amended; and for the
purposes of 41 CFR 60-1, Subpart B; 41 CFR 60-250, Subpart B; 41 CFR 60-300,
Subpart B; and 41 CFR 60-741, Subpart D, any person who has held a contract
subject to Executive Order 11246, as amended, Section 503 of the
Rehabilitation Act of 1973, as amended, or VEVRAA, as amended. |
|
|
|
|
Protected veteran |
See definition
of “Covered
veteran.” |
|
|
|
|
Reasonable accommodation |
A reasonable accommodation can
be: a)
Modifications or adjustments to a job application process that enable
a qualified individual (or veteran) with a disability to be considered for
the position such applicant desires; or b)
Modifications or adjustments to the work environment, or to the
manner or circumstances under which the position held or desired is
customarily performed, that enable a qualified individual (or veteran) with a
disability to perform the essential functions of the position; or c)
Modifications or adjustments that enable a contractor’s employee with
a disability to enjoy equal benefits and privileges of employment as are
enjoyed by its other similarly situated employees without a disability. d)
An employer does not have to provide any reasonable accommodation
that will impose an undue hardship on its operations. See
definition of “Undue hardship.” |
|
Subcontract |
Any agreement or arrangement
between a contractor and any person (in which the parties do not stand in the
relationship of an employer and an employee): a)
for the purchase, sale or use of supplies or services or the use of
real or personal property, including lease arrangements, which, in whole or
in part, is necessary to the performance of any one or more Government
contracts; or b)
under which any portion of the contractor’s obligation under one or
more Government contracts is performed, undertaken or assumed. |
|
Subcontractor |
Any person holding a subcontract,
or anyone who has held a subcontract subject to Executive Order 11246, as
amended, Section 503 of the Rehabilitation Act of 1973, as amended, or VEVRAA,
as amended. |
|
Systemic discrimination |
Employment policies or practices
that serve to differentiate or to perpetuate a differentiation in terms or
conditions of employment of applicants or employees because of their status
as members of a particular group, e.g.,
a specific race or gender. Such
policies may or may not be facially neutral, and intent to discriminate may
or may not be involved. |
|
Undue hardship |
A defense used by an employer to
explain why it did not provide a specific reasonable accommodation. The contractor must prove that providing the
specific accommodation would have caused it significant difficulty or expense.
Whether an accommodation would impose
an undue hardship requires a case-by-case determination. |
|
Validation |
Validation is the demonstration of job-relatedness by
showing the relationship between the selection procedure and job performance.
|
|
Veteran |
See definition
of “Covered veteran.” |
|
VETS-100 and VETS 100A Reports |
The VETS-100 and VETS 100A Reports are to be completed by
all nonexempt Federal contractors and subcontractors with contracts or
subcontracts for the furnishing of supplies and services or for the use of
real or personal property. VETS-100
must be completed by contractors with contracts entered into prior to
December 1, 2003 for $25,000 or more. VETS-100A
must be completed by contractors with contracts entered into or modified on
or after December 1, 2003 for $100,000 or more. The Reports require that contractors report annually
the numbers of various categories of veterans they employ or have newly hired
by hiring location and job category. |
|
Violation |
Failure to fulfill a requirement
of the Executive Order, Section 503, as amended, or VEVRAA, as amended, or
their implementing rules, regulations and orders. The terms “violation” and “deficiency” are
often used interchangeably. |
Appendix B:
Contractors
with 100 or more employees must maintain and have available for each job
records and other information showing the impact of the total selection process
by identifiable race, sex and ethnic group. 41 CFR 60-3.4B and 3.15A(2)(a). “Total selection process” means the combined
effect of all selection procedures leading to the final employment decision. At least annually, contractors with 100 or
more employees are required to analyze these data to determine whether the
total selection process for each job is having adverse impact. 41 CFR 60-3.15A(2). The adverse impact
determinations must be conducted by gender and for each race or ethnic group
(e.g., Black, Hispanic, Asian/Pacific Islander, and American Indian/Alaskan
Native)[5] that
constitutes 2 percent or more of the labor force in the relevant labor area or
2 percent or more of the applicable workforce. If the total selection process has an adverse
impact, the impact of the individual components of the selection process also
should be analyzed. 41 CFR 60-3.4C and
3.15A(2)(a).
“Adverse
impact” is defined in the Uniform Guidelines as “a substantially different rate
of selection in hiring, promotion, or other employment decision which works to
the disadvantage of members of a race, gender, or ethnic group.” 41 CFR 60-3.16B. Generally, to determine whether the
differences in selection rates are sufficiently substantial to be regarded as
evidence of adverse impact, the contractor should apply what is commonly
referred to as the “4/5ths rule” or the “80 percent rule” of the Uniform
Guidelines. Under this rule, a selection
rate for any race, sex, or ethnic group that is less than 4/5ths or 80 percent
of the selection rate for the group with the highest selection rate is
generally regarded as evidence of adverse impact. The 80 percent rule is a general rule, and is
not dispositive in all situations. The
Uniform Guidelines recognize, for example, that sample size and other factors
may affect the reliability of the 80 percent rule as a measure of adverse
impact.
The 80
percent rule may not be accurate in detecting adverse impact where very large
numbers of selections are made. Where
the number of selections is very large, relatively small differences in
selection rates may nevertheless constitute adverse impact if they are both
statistically and practically significant. 41 CFR 60-3.4D. For that reason, where the sample size is very
large, tests of practical and statistical significance should be used to assess
whether the selection procedure results in adverse impact.
Further, the 80 percent rule may not be a reliable
indicator of adverse impact where the number of persons selected and difference
in selection rates is very small. For
example, if a contractor selected three males and one female from an applicant
pool of 20 males and 10 females, the 80 percent rule would indicate adverse
impact. The selection rate for women is 10 percent and the rate for men, 15
percent; 10/15 or 66 2/3 percent is less than 80 percent. Yet, the number of selections is too small to
warrant a determination of adverse impact in these circumstances. Where the 80
percent rule indicates adverse impact, but the analysis is based on a sample
too small to be reliable, evidence of the impact of the procedure over a longer
period of time, or evidence concerning the impact of the procedure when used in
the same manner elsewhere may be considered when determining adverse impact. 41
CFR 60-3.4D.
A
four-step process is used to determine adverse impact:
1.
Calculate the rate of
selection for each group (divide the number of persons selected from a group by
the number of applicants from that group).
2.
Observe which group
has the highest selection rate.
3.
Calculate the impact
ratios by comparing the selection rate for each group with that of the highest
group (divide the selection rate for a group by selection rate for the highest
group).
4.
Observe whether the
selection rate for any group is substantially less (i.e., usually less than 4/5ths or 80 percent) than the selection
rate for the highest group. If it is,
adverse impact is indicated in most circumstances.
For
example:
10 American Indians 2 2/10
or 20%
60 Hispanics 30 30/60
or 50%
80 Whites 48 48/80
or 60%
Comparisons
of the selection rate for each group with that of the highest group (Whites)
reveal the following impact ratios: American Indians 20/60 or 33%; Blacks 40/60
or 66.6%; and Hispanics 50/60 or 83%. Applying
the 80 percent rule, on the basis of the above information, adverse impact is
indicated for American Indians and Blacks but not for Hispanics.
If a
selection procedure results in adverse impact, the contractor is required to
eliminate it or justify its continued use.
The contractor can justify using a selection procedure that has adverse
impact by showing that the procedure has been validated according to the
technical requirements of the Uniform Guidelines. “Validation” is the demonstration of
job-relatedness by showing the relationship between the selection procedure and
job performance. “Validation in
accordance with the Guidelines” means a demonstration that a validity study
meeting the standards of the Uniform Guidelines has been conducted and has
produced evidence sufficient to warrant the use of the procedure for the
purpose intended. 41 CFR 60-3.16X.
Even
when a selection procedure with adverse impact has been validated, the
contractor is obligated to investigate and consider suitable alternative
selection procedures, and suitable alternative methods to using the selection
procedure which have as little adverse impact as possible. 41 CFR 60-3.3B. Further, the contractor is required to use the
procedure having less impact if it is “substantially equally valid.” 41 CFR 60-3.3B.
There also
are circumstances when a contractor may justify using a selection procedure
with adverse impact by showing that it is required by “business necessity” (i.e., the contractor must show that the
selection procedure is job-related and necessary to the safe and efficient
operation of its business).
In sum, the Uniform Guidelines recommend the following
actions when adverse impact occurs:
·
Modify the assessment
instrument or procedure causing the adverse impact.
·
Exclude the component
procedure causing adverse impact from your selection process.
·
Use an alternative
procedure that causes little or no adverse impact, assuming that the
alternative procedure is substantially equally valid.
·
Use the selection
procedure that has adverse impact only if the procedure is job-related and
valid for predicting successful job performance, and there is no equally
effective procedure available that has less adverse impact.
Appendix C:
The Small Business Administration’s
Ombudsman Program
The Small Business Administration (SBA), in accordance with the
provisions of the Small Business Regulatory Enforcement Fairness Act, has
established a National Small Business and Agriculture Regulatory Ombudsman and
10 Regional Fairness Boards in order to receive comments from small businesses
about federal regulatory enforcement actions. The SBA Ombudsman annually evaluates
enforcement activities and rates each agency's responsiveness to small
business. Small businesses wishing to
comment on the enforcement activities of OFCCP may call 1-888-REG-FAIR
(734-3247), or write to the SBA Ombudsman at:
SBA Ombudsman
409
E-mail:
ombudsman@sba.gov
Appendix D:
OFCCP National and Regional Offices
|
National Office |
Office of Federal Contract
Compliance Programs Room C-3325 (202) 693-0101 (202) 693-1304 FAX |
|
Northeast Region (Connecticut, Maine, Massachusetts, New
Hampshire New Jersey, New York, Puerto Rico, Rhode Island, Vermont, Virgin Islands) |
Regional Office (646) 264-3170 (646) 264-3009 FAX |
|
Mid-Atlantic Region ( |
Regional Office 170 (215) 861-5765 (215) 861-5769 FAX |
|
Southeast Region ( |
Regional Office (404) 893-4545 (404) 893-4546 FAX |
|
(Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin) |
Regional Office (312) 596-7010 (312) 596-7037 FAX |
|
Southwest and Rocky Mountain Region (Arkansas, Colorado, Louisiana, Montana,
New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Utah, Wyoming) |
Regional Office (972) 850-2550 (972) 850-2552 FAX |
|
Pacific Region ( |
Regional Office
(415) 625-7800 (415) 625-7799 FAX |
Appendix E:
Participation Goals
for Minorities and Females
For federal and federally assisted
construction contractors, goals for minorities and females are established as a
percentage participation rate. The
percentage goal established for minority participation must be at least equal
to the percentage established for that “economic area” as outlined in the list
below.[6]
Contractors may establish higher
goals if they desire. Although a
contractor is required to make good faith efforts to meet their goals, the
goals are not quotas and no sanctions are imposed solely for failure to meet
them. The following factors explain the
difference between permissible goals, on the one hand, and unlawful
preferences, on the other:
w
Participation rate
goals are not designed to be, nor may they properly or lawfully be interpreted
as, permitting unlawful preferential treatment and quotas with respect to
persons of any race, color, religion, sex, or national origin.
w
Goals are neither
quotas, set-asides, nor a device to achieve proportional representation or
equal results. Rather, the goal-setting
process is used to target and measure the effectiveness of affirmative action
efforts to eradicate and prevent barriers to equal employment opportunity.
w
Goals under Executive
Order 11246, as amended, do not require that any specific position be filled by
a person of a particular gender, race, or ethnicity. Instead, the requirement is that contractors
engage in outreach and other efforts to broaden the pool of qualified
candidates to include minorities and women.
w
The use of goals is
consistent with principles of merit, because goals do not require an employer
to hire a person who does not have the qualifications needed to perform the job
successfully, hire an unqualified person in preference to another applicant who
is qualified, or hire a less qualified person in preference to a more qualified
person.
w
Goals may not be
treated as a ceiling or a floor for the employment of members of particular
groups.
w
A contractor's
compliance is measured by whether it has made good faith efforts to meet its
goals, and failure to meet goals, by itself, is not a violation of the
Executive Order.
These goals are applicable to all of a contractor's
construction work sites (whether or not these sites are also the result of a federal
contract or are federally assisted). The
goals are applicable to each nonexempt contractor's total onsite construction
workforce, regardless of whether or not part of that workforce is performing
work on a federal, federally assisted or non-federally related project contract
or subcontract.
Contractors should apply to each work site the goal for the geographical
area that each particular work site is located in.
The contractor's compliance with the Executive Order and the regulations in
41 CFR Part 60-4 will be assessed based on its implementation of the Equal
Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the
goals. The hours of minority and female
employment and training must be substantially uniform throughout the length of
the contract, and in each trade, and the contractor must make a good faith
effort to employ minorities and women evenly on each of its projects. The
transfer of minority or female employees or trainees from contractor to contractor
or from project to project for the sole purpose of meeting the contractor's
goals is a violation of the contract, the Executive Order, and the regulations
in 41 CFR Part 60-4. Compliance with the
goals will be measured against the total work hours performed.
Until further notice, the following goals for
female and minority utilization in each construction craft and trade must be
included in all Federal or federally assisted construction contracts and
subcontracts in excess of $10,000 .
Construction contractors that are participating in
an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the
goals of the Hometown Plan with regard to construction work they perform in the
area covered by the Hometown Plan. With
regard to all their other covered construction work, such contractors are
required to comply with the applicable SMSA or EA goal contained in the list
below.
GOALS FOR FEMALES[7]
Nationwide Goal_____________________________________________________6.9%
GOALS FOR MINORITIES
ECONOMIC AREAS
STATE GOAL
(percent)
001
Non‑SMSA Counties 0.8
ME
002 Portland‑Lewiston, ME:
SMSA Counties:
4243 Lewiston‑Auburn, ME 0.5
ME
6403
ME
Non‑SMSA Counties 0.5
ME Franklin; ME.
003
Non‑SMSA Counties 0.8
NH Coos; NH Grafton; NH Sullivan; VT Addison; VT
Caledonia; VT Chittenden; VT Essex; VT Franklin; VT Grand Isle; VT Lamoille; VT
Orange; VT Orleans; VT Ruthland; VT Washington; VT Windsor.
004
SMSA Counties:
1123
MA Essex; MA Middlesex; MA
4763 Manchester‑Nashua, NH 0.7
NH Hillsborough.
5403 Fail River‑New
MA
9243
MA
Non‑SMSA Counties 3.6
MA
005
SMSA Counties:
6483
Rl Bristol; Rl
Non‑SMSA Counties 3.1
RI
006
SMSA Counties:
3283
CT
5483
CT New Haven.
5523
CT New
6323
MA
8003
MA
Hampden; MA Hampshire.
Non‑SMSA Counties 5.9
CT Litchfield; CT
007
SMSA Counties:
0160
NY
Non‑SMSA Counties 2.6
NY Clinton; NY Columbia; NY Essex; NY Fulton; NY Greene; NY
Hamilton, NY Schoharie, NY Warren; NY Washington; VT Bennington.
008
SMSA Counties:
8160
NY
8680
NY Herkimer; NY
Non‑SMSA Counties 2.5
NY Cayuga; NY
009
SMSA Counties:
6840
NY Livingston; NY
Non‑SMSA Counties 5.9
NY
010
SMSA Counties:
1280
NY
Non‑SMSA Counties 6.3
NY Allegany; NY Cattaraugus; NY Chautauqua; NY
011
SMSA Counties
0960
NY Broome; NY Tioga; PA Susquehanna.
2335
NY Chemung
Non‑SMSA Counties 1.2
NY Chenango; NY Delaware; NY Otsego; NY Schuyler; NY Steuben;
; NY Tompkins; PA Bradford; PA Tioga.
012
SMSA Counties:
1163
CT
3640
NJ
4410
NJ Monmouth
5380
NY
5460
NJ Middlesex 5.8
5600
NJ
The
following goal ranges are applicable to the indicated trades in the counties of
Bronx, Kings,
Electricians 9.0 to 10.2
Carpenters 27.6
to 32.0
Steam fitters 12.2
to 13.5
Metal lathers 24.6 to 25.6
Painters 28.6
to 26.0
Operating Engineers 25.6 to 26.0
Plumbers 12.0
to 14.5
Iron workers (struct) 25.9
to 32.0
Elevator constructors 5.5
to 6.5
Bricklayers 13.4 to 15.5
Asbestos workers 22.8
to 28.0
Roofers 6.3
to 7.5
Iron workers (ornamental) 22.4
to 23.0
Cement masons 23.0
to 27.0
Glaziers 16.0
to 20.0
Plasterers 15.8
to 18.0
Teamsters 22.0
to 22.5
Boilermakers 13.0 to 15.5
All others 16.4
to 17.5
5640
NJ Essex; NJ Morris; NJ
6040
NJ
6460
NY Dutchese
Non‑SMSA Counties 17.0
NJ Hunterdon; NJ Ocean; NJ
013
SMSA Counties
5745
PA
Non‑SMSA Counties 0.5
PA
014
SMSA Counties
9140
PA Lycoming.
Non‑SMSA Counties 0.7
PA Cameron; PA Centre;
PA Clearfield; PA Clinton; PA Elk; PA Jefferson; PA Montour; PA Northumberland;
PA Snyder; PA Sullivan; PA Union.
015
SMSA Counties:
2360
PA
Non‑SMSA Counties 1.8
PA Clarion; PA Crawford;
PA Forest; PA Venango; PA
016
SMSA Counties
0280
PA Blair.
3680
PA Cambria; PA
6280
PA Allegheny; PA Beaver;
PA
Non‑SMSA Counties 4.8
MD Allegany; MD Garrett;
PA Armstrong; PA Bedford; PA Butler; PA Fayette; PA Greene; PA Indiana; WV
Mineral.
017
SMSA Counties
3240
PA
4000
PA
9280
PA Adams; PA York.
Non‑SMSA‑Counties 3.1
PA
018
SMSA Counties
0240
NJ
0560
NJ
6160
NJ Burlington; NJ
Camden; NJ Glouchester; PA Bucks; PA Chester; PA Delaware; PA Montgomery; PA
Philadelphia.
8680
PA Berks.
8480
NJ Mercer.
8760
NJ
9160 Wilmington,
DE-NJ-MD 12.3
DE
Non‑SMSA Counties 14.5
DE
019 Baltimore, MD
SMSA Counties:
0720
MD Anne Arundel; MD
Non‑SMSA Counties 23.6
MD Caroline; MD
Dorchester; MD Kent; MD Queen Annes; MD Somerset; MD Talbot; MD Wicomico; MD Worcester; VA Accomack; VA Northamptom
020
SMSA Counties
8840 Washington, DC‑MD‑VA 28.0
DC District of Columbia; MD Charles; Montgomery; MD Prince
Georges; VA
Arlington; VA Fairfax; VA Loudoun; VA Prince William; VA Alexandria; VA Fairfax City; VA Falls Church.
Non‑SMSA Counties 25.2
MD Calvert; MD Frederick; MD St. Marys; MD Washington; VA Clarke; VA Culpepper; VA Fauquier; VA Frederick; VA
King George; VA Page; VA Rappahannock; VA
Shenandoah; VA Spottsylvania; VA Stafford; VA Warren; VA Westmoreland; VA
Fredericksburg; VA Winchester; WV Berkeley; WV Grant; WV Hampshire; WV Hardy;
WV Jefferson; WV Morgan.
021 Roanoke‑Lynchburg VA:
SMSA Counties:
4640
VA
6800
VA Botetourt; VA Craig; VA
Non‑SMSA Counties 12.0
VA Alleghany, VA
Augusta; VA Bath; VA Bedford; VA Bland; VA Carroll; VA Floyd; VA Franklin; VA
Giles; VA Grayson; VA Henry; VA Highland; VA Montgomery; VA Nelson; VA Patrick;
VA Pittsylvania; VA Pulaski; VA Rockbridge; VA Rockingham; VA Wythe; VA Bedford
City; VA Buena Vista; VA Clifton Forge; VA Covington; VA Danville; VA Galex; VA
Harrisonburg; VA Lexington; VA Martinsville; VA Radford; VA Staunton; VA Waynesboro;
WV Pendleton.
022
SMSA Counties:
6140
VA Dinwiddie; VA Prince George; VA
6760
VA Charles City; VA
Chesterfield; VA Goochland; VA Hanover; VA Henrico; VA New Kent; VA Powhatan;
VA Richmond.
Non‑SMSA Counties 27.9
VA Albemarle; VA Amelia;
VA Brunswick; VA Buckingham; VA Caroline; VA Charlotte; VA Cumberland; VA Essex;
VA Fluvanna; VA Greene; VA Greensville; VA Halifax; VA King And Queen; VA King
William; VA Lancaster; VA Louisa; VA Lunenberg; VA Madison; VA Mecklenburg; VA
NorthumberIand; VA Nottoway; VA Orange; VA Prince Edward; VA Richmond; VA
Sussex; VA Charlottesville; VA Emporia; VA South Boston.
023
SMSA Counties:
5680
VA
5720
NC Currituck; VA
Non‑SMSA Counties 29.7
NC Bertie; NC Camden; NC Chowan; NC Gates; NC
Hertford; NC Pasquotank; NC Perquimans; VA Isle of Wight; VA Matthews; VA Middlesex;
VA Southampton; VA Surry; VA Franklin.
024
Non‑SMSA
Counties 31.7
NC Beaufort; NC Carteret; NC Craven; NC
Dare; NC Edgecombe; NC Greene; NC Halifax; NC Hyde; NC Jones; NC Lenoir; NC
Martin; NC Nash; NC Northampton; NC Pamlico; NC Pitt; NC Tyrrell; NC Washington;
NC Wayne; NC Wilson
025
SMSA
Counties:
9200
NC
Non‑SMSA counties 23.5
NC
Columbus; NC Duplin; NC Onslow; NC Pender.
026
SMSA
Counties:
2560
NC
Non‑SMSA
Counties 33.5
NC Bladen; NC Hoke; NC
027
SMSA Counties:
6640
NC
Non‑SMSA Counties 24.7
NC Chatham; NC Franklin; NC Granville; NC Harnett; NC
Johnston; NC Lee; NC Person;
NC Vance; NC Warren.
028
SMSA Counties:
1300
NC Alamance.
3120
NC Davidson; NC Forsyth; NC
Non‑SMSA
Counties 15.5
NC Alleghany; NC Ashe; NC Caswell; NC
Davie; NC Montgomery; NC Moore; NC Rockingham; NC Surry; NC Watauga; NC Wilkes.
029 Charlotte, NC:
SMSA Counties:
1520
NC Gaston; NC Mecklenburg; NC
Non‑SMSA Counties 15.7
NC Alexander; NC Anson; NC Burke; NC
Cabarrus; NC Caldwell; NC Catawba; NC Cleveland; NC Iredell; NC Lincoln; NC Rowan; NC Rutherford; NC
Stanley; SC Chester; SC Lancaster SC York.
030
Non‑SMSA Counties:
0480
NC
Buncombe; NC
Non‑SMSA
Counties 6.3
NC Avery; NC Cherokee; NC Clay; NC Graham;
HC Heywood; NC
NC
NC Yancey.
031
SMSA
Counties:
3160
SC
Non-SMSA
Counties 17.8
SC Polk; SC
Abbeville; SC Anderson; SC Cherokee; SC
SC Oconee; SC
032
SMSA Counties:
1760
SC
Non‑SMSA
Counties 32.0
SC
SC Orangeburg; SC Saluda; SC
033
Non‑SMSA Counties 33.0
SC
SC
034
SMSA Counties
1440
SC
Non‑SMSA Counties 30.7
SC
Collection
035
Augusta, GA:
SMSA
Counties:
0600
GA
Non‑SMSA
Counties 32.8
GA Burke; GA Emanuel; GA Glascock; GA
Jefferson; GA Jenkins; GA Lincoln; GA
McDuffie; GA Taliaferro; GA
SC BarnweIl; SC Edgefield; SC McCormick
036
SMSA
Counties
0520
GA
Butts; GA Cherokee; GA Clayton; GA Cobb; GA Dekalb; GA Douglas; GA Fayette;
GA
Forsyth; GA
GA
Walton
Non‑SMSA
Counties 19.5
GA Banks; GA Barrow; GA Bartow; GA Carroll; GA Clarke; GA
Coweta; GA Dawson;
GA Elbert; GA Fannin; GA Floyd; GA
GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA
GA Lamar, GA Lumpkin; GA Madison, GA
Morgan; GA Oconee, GA Oglethorpe;
GA Pickens; GA Pike; GA PoIk; GA
GA
037 Columbus, GA:
SMSA Counties
1800
AL Russell; GA Chattahoochee; GA
Non‑SMSA Counties 31.6
AL Chambers; AL Lee; GA Harris; GA Marion; GA Meriwether;
GA Quitman;
GA Schley; GA Stewart; GA Sumter; GA Talbot; GA Troup; GA
Webster.
038 Macon, GA:
SMSA Counties
4660
GA Bibb; GA
Non‑SMSA Counties 31.7
GA
Baldwin; GA Bleckley; GA Crawford; GA Crisp; GA Dodge; GA Dooly; GA Hancock; GA
Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putnam. GA
Taylor; GA Telfair; GA Treutlen; GA Washington; GA Wheeler; GA Wilcox; GA
Wilkinson.
039
SMSA Counties:
7520
GA Bryan; GA Chatham; GA Effingham
Non‑SMSA Counties 29.8
GA
Appling; GA Atkinson; GA Bacon; GA Bullock; GA Candler; GA Coffee;
GA Evans; GA Jeff Davis; GA
GA Screven; GA Tattinall; GA
Toombs; GA
040
SMSA
Counties
0120
GA Dougherty; GA Lee.
Non-SMSA
Counties 31.1
GA
Baker; GA Ben HiII; GA Berrien; GA Brooks; GA Calhoun; GA Clay; GA Clinch; GA
Colquitt; GA Cook; GA Decatur; GA Early; GA Echols; GA Grady; GA Irwin; GA
Lanier; GA Lowndes; GA Miller; GA Mitchell; GA Randolph; GA Seminole, GA
Terrell; GA Thomas; GA Tift; GA Turner; GA Worth.
041
SMSA
Counties
2900
FL
Alachua
3600
FL Baker; FL Clay; FL Duval; FL
Non‑SMSA
Counties 22.2
FL Bradford; FL
FL Levy; FL Marion; FL Putnam; FL Suwannee; FL Union; GA Brantley;
GA Camden;
GA Charlton; GA Glynn; GA Pierce; GA Ware.
042
Orlando -
SMSA
Counties:
2020
FL Volusia.
4900
Melbourne – Tutusville –
FL
Brevard.
5960
FL
Non-SMSA
Counties 14.9
FL Flagler; FL Lake; FL
043
SMSA
Counties:
2680
FL. Broward.
5000
FL Dade.
8960
FL
Non‑SMSA
Counties 30.4
FL
Glades; FL Hendry; FL Indian River; FL Martin; FL
FL Okeechobee; FL St. Lucie.
044
SMSA
Counties:
1140
FL Manatee.
2700
FL Lee.
3980
FL Polk
7510 Sarasota, FL 10.5
FL Sarasota.
8280 Tampa ‑ St. Petersburg, FL 17.9
FL
Non‑SMSA
Counties 17.1
FL
045
SMSA
Counties:
8240
FL Leon; FL Wakulla.
Non‑SMSA
Counties: 29.5
FL Calhoun; FL
FL Madison; FL Taylor.
046 Pensacola ‑ Panama City, FL
SMSA
Counties:
8615
FL Bay.
6080
FL Escambia; FL Santa Rosa.
Non‑SMSA
Counties 15.4
FL Gulf; FL Holmes; FL Okaloosa; FL Walton; FL
Alabama:
047 Mobile, AL
SMSA Counties:
5160 Mobile, AL 25.9
AL Baldwin; AL Mobile.
6026
MS Jackson.
Non‑SMSA
Counties 26.4
AL Choctaw; AL Clarke; AL
Conecuh; AL Escambia; AL Monroe; AL Washington; AL Wilcox; MS George; MS
Greene.
048
Montgomery,
SMSA
Counties
5240
AL Autauga; AL Elmore; AL Montgomery.
Non‑SMSA Counties 29.9
AL Barbour; AL Bullock; AL Butler; AL Coffee; AL Coosa;
AL Covington;
AL Crenshaw; AL Dale; AL Dallas; AL Geneva; AL Henry; AL
Houston;
AL Lowndes; AL Macon; AL Perry; AL Pike; AL Tallapoosa.
049
SMSA
Counties:
0450
AL Calhoun.
1000 Birmingham, AL 24.9
AL Jefferson; AL St. Clair; AL Shelby; AL Walker; AL
Etowah
8600 Tuscaloosa, AL 20.6
AL Tuscaloosa.
Non‑SMSA Counties 20.7
AL Bibb; AL Blount; AL Cherokee; AL Chilton; AL Clay; AL
Cleburne; AL Cullman;
AL Fayette; AL Greene; AL Hale; AL Lamar; AL Marion; AL
Pickens; AL Randolph;
AL Sumter; AL Talladega; AL Winston.
050
SMSA
Counties:
2650 Florence, AL 11.9
AL Colbert; AL Lauderdale.
3440 Huntsville, AL 12.0
AL Limestone; AL Madison; AL Marshall.
Non‑SMSA
Counties 11.2
AL Franklin; AL Lawrence AL Morgan; TN Lincoln.
051
SMSA
Counties:
1560
GA
Catoosa; GA Dade; GA Walker; TN Hamilton;TN Marion; TN Sequatchie.
Non‑SMSA
Counties 8.6
TN
Bledsoe; TN Bradley; TN Grundy; TN McMinn; TN Meigs; TN
TN
Polk; TN Rhea.
052
SMSA
Counties:
3660
TN Carter; TN Hawkins; TN Sullivan; TN Unicoi; TN
Washington; VA Scott;
VA Washington; VA Bristol.
Non‑SMSA
Counties 3.2
TN Greene; TN
Hancock; TN Johnson; VA Buchanan; VA Dickenson; VA Lee;
VA Russell; VA Smyth;
VA Tazewell; VA Wise; VA Norton; WV McDowell, WV Mercer.
053
SMSA Counties:
3840
TN
Non‑SMSA Counties 4.5
KY
Bell; KY Harlan; KY Knox; KY Laurel; KY McCreary; KY Wayne; KY Whitley; TN
Campbell; TN Claiborne; TN Cocke; TN Cumberland; TN Fentress; TN Grainger, TN
Hamblen; TN Jefferson; TN Loudon; TN Morgan; TN Roane; TN Scott;
TN
Sevier.
054
SMSA Counties:
1660
KY Christian; TN Montgomery.
5360
TN
TN
Williamson; TN Wilson.
Non‑SMSA Counties 12.0
KY Allen; KY Barren; KY
KY Logan; KY Metcalfe; KY Monroe; KY
Simpson; KY Todd; KY Trigg; KY Warren;
TN
TN Hickman; TN Houston; TN Humphreys; TN
TN Macon; TN Marshall; TN Maury; TN Moore;
TN Overton; TN Perry; TN Pickett;
TN Putnam; TN Smith; TN Stewart; TN
Trousdale; TN Van Buren; TN
TN Wayne; TN White.
055
SMSA Counties:
4920
AR Critteriden; MS Do Soto; TN Shelby; TN Tipton.
Non‑SMSA Counties 26.5
AR Clay; AR Craighead; AR Cross; AR
Greene; AR Lawrence; AR Lee;
AR Mississippi; AR Phillips; AR. Poinsett;
AR Randolph; AR St. Francis; MS Alcorn;
MS Benton; MS Bolivar; MS Calhoun; MS Carroll;
MS Chickasaw, MS Clay;
MS Coahoma; MS Grenada; MS ltawamba; MS
Lafayette; MS Lee; MS Leflore;
MS Marshall; MS Monroe; MS Montgomery; MS
Panola; MS Pontotoc; MS Prentiss;
MS Quitman; MS Sunflower; MS Tallahatchie;
MS Tate; MS Tippah; MS Tishomingo;
MS Union; MS Washington; MS Webster. MS
Yalobusha; MO Dunklin;
MO New
TN Decatur; TN Dyer; TN Fayette; TN
Gibson; TN Hardeman; TN Hardin;
TN Haywood; TN
TN Madison; TN Obion; TN Weakley.
056
Non‑SMSA
Counties 5.2
IL
Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway. KY Carlisle;
KY Crittenden; KY
057
SMSA Counties:
4520
IN
Clark; IN Floyd; KY Bullitt; KY Jefferson; KY
Non‑SMSA Counties 9.6
IN Crawford; IN Harrison; IN Jefferson; IN
KY Breckinridge; KY Grayson; KY Hardin; KY
Hart; KY Henry; KY Larue; KY Marion;
KY Meade; KY Nelson; KY Shelby; KY
Spencer; KY Trimble; KY Washington.
058
SMSA Counties
4280
Lexington‑Fayette, KY 10.8
KY
Bourbon; KY
Non‑SMSA Counties 7.0
KY
KY Estill; KY Franklin; KY Garrard; KY Green; KY Harrison;
KY Jackson; KY Knott;
KY Lee; KY Leslie; KY Letcher; KY Lincoln; KY Madison; KY
Magoffin; KY Menifee;
KY Mercer; KY Montgomery; KY Morgan. KY Nicholas; KY Owsley;
KY Perry;
KY Powell; KY Pulaski; KY Rockcastle; KY Russell; KY
Taylor; KY Wolfe.
059
Huntington, WV:
SMSA Counties:
3400 Huntington –
KY Boyd; KY Greenup; OH Lawrence; WV Cabell; WV Wayne.
Non‑SMSA
Counties 2.5
KY Carter; KY Elliott; KY Floyd; KY
Johnson; KY Lawrence; KY Martin; KY Pike;
KY Rowan; OH Gallia; WV
060
SMSA Counties:
1480
WV Kanawha; WV Putnam.
Non‑SMSA Counties 4.2
WV Boone; WV Braxton; WV Calhoun; WV Clay;
Fayette; WV Gilmer; WV Greenbrier; WV Jackson; WV Monroe; WV Nicholas; WV
Pocahontas; WV Raleigh; WV Roane; WV Summers; WV Webster; WV Wyoming.
061 Morgantown‑Fairmont; WV:
Non‑SMSA
Counties 2.1
WV Barbour; WV Doddridge; WV Harrison; WV
Lewis; WV Marion; WV Monongalia; WV Preston; WV Randolph; WV Taylor; WV Tucker,
WV Upshur.
062
SMSA Counties:
6020 Parkersburg‑Marietta. WV‑OH 1.1
OH Washington; WV Wirt; WV Wood.
Non‑SMSA
Counties 1.2
WV
Pleasants; WV Ritchie.
063
SMSA
Counties:
8080
Steubenville‑Wierton, OH‑WV 4.3
OH
Jefferson; WV Brooke; WV Hancock.
9000
OH
Non‑SMSA Counties 3.0
OH Harrison; OH Monroe; WV Tyler; WV Wetzel.
064
Youngstown‑Warren, OH:
SMSA
Counties:
9320
Youngstown‑Warren, OH 9.4
OH
Mahoning; OH Trumbull.
NonSMSA
Counties 6.7
OH
Columbiana; PA Lawrence; PA Mercer.
065
Cleveland, OH:
SMSA
Counties:
0080
OH
1320
OH
Carroll; OH Stark.
1680
OH Cuyahoga; OH Geauga; OH Lake; OH
4440
Lorain‑Elyria, OH 9.3
OH
4800
OH
Non‑SMSA Counties:
OH
OH Holmes; OH Huron; OH Tuscarawas; OH
Wayne.
066 Columbus, OH:
SMSA Counties:
1840
OH
Non‑SMSA Counties 7.3
OH
OH Licking; OH
OH Noble; OH Perry OH Pike; OH Ross; OH
Scioto; OH
067
SMSA Counties:
1640
IN
Dearborn; KY Boone; KY Campbell; KY Kenton; OH Clermont;
OH
Hamilton; OH Warren.
3200
OH
Non‑SMSA
Counties 9.2
IN
KY
Fleming; KY Gallatin; KY Grant; KY Lewis; KY Mason; KY Owen; KY Pendleton;
KY Robertson;
OH Adams; OH Brown; OH
068
SMSA Counties:
2000
OH Greene; ON
7960
OH
Non‑SMSA Counties 9.9
OH Darke; OH Logan; ON
069
SMSA Counties:
4320
OH Allen; OH Auglaize; OH Putnam; OH Van
Wert.
Non‑SMSA Counties 3.5
OH Hardin; OH Mercer.
070
SMSA Counties:
8400
MI Monroe; OH Fulton; OH Lucas; OH
Non‑SMSA Counties 7.3
MI Lenawee; OH Hancock; OH Henry; OH
071
SMSA
Counties:
0440 Ann Arbor, MI 8.5
MI Washtenaw.
2160 Detroit, MI 17.7
MI
Lapeer; MI Livingston; Ml Macomb; MI Oakland; MI St. Clair; Mi Wayne.
2640
MI
Non‑SMSA
Counties 16.7
MI
Sanilac.
072
SMSA
Counties:
0800
MI Bay.
6960 Saginaw,
MI 14.3
MI Saginaw.
Non‑SMSA Counties 5.2
MI Alcona; MI Alpena; MI Arenac; MI Cheboygan; MI
Chippewa; MI Clare;
MI Crawford; MI Gladwin; MI Gratiot; MI Huron; MI losco;
MI Isabella; MI Luce;
MI Mackinac; MI Midland; MI Montmorency; MI Ogemaw; MI
Oscoda; MI Otsego;
MI Presque Isle; MI Roscommon; MI Tuscola.
073
SMSA Counties:
3000
MI Kent; MI
5320
MI Muskegon; MI
Oceana.
Non‑SMSA
Counties 4.9
MI Allegan; MI Antrim; MI Benzie; MI
Charlevoix; MI Emmet; MI Grand Traverse; MI Kalkaska; MI Lake; MI Leelanau; MI
Manistee; MI Mason; MI Mecosta; MI Missaukee; MI Montcalm; MI Newaygo; MI
Osceola; MI Wexford.
074
SMSA
Counties:
0780 Battle Creek, MI 7.2
MI Barry; MI Calhoun.
3520 Jackson, MI 5.1
MI Jackson.
3720 Kalamazoo-Portage, MI 5.9
MI Kalamazoo; MI Van Buren.
4040 Lansing-East Lansing, MI 5.5
MI Clinton; MI Eaton; MI Ingham; MI
Ionia.
Non‑SMSA Counties 5.5
MI
Branch; MI Hillsdale.
075
SMSA
Counties:
7800
IN
Marshall;
2330
IN
Non‑SMSA Counties 6.2
IN
076
Non‑SMSA
Counties 4.4
IN
Allen; IN Dekalb; IN Wells; IN
OH
077 Kokomo‑Marion, IN:
SMSA Counties:
3850
IN Howard; IN Tipton.
Non‑SMSA Counties 3.7
IN Cass; IN Grant; IN
078 Anderson‑Muncie, IN:
SMSA Counties:
0400
IN
5280
IN
Non‑SMSA Counties 3.9
IN
Blackford; IN Fayette; IN Henry; IN Jay; IN
079
SMSA
Counties:
1020
IN
3480
IN Boone; IN
IN
Non‑SMSA
Counties 9.7
IN
Bartholomew; IN Brown; IN Daviess; IN
IN
080
SMSA Counties
2440
IN Gibson; IN Posey; IN Vanderburgh; IN Warrick; KY
Henderson.
5990
KY
Daviess.
Non‑SMSA
Counties 3.5
IL
Edwards; IL
IL
White; IN Dubois; IN Knox; IN Perry; IN Pike; IN Spencer; KY Hancock;
KY
081
Terre Haute, IN:
SMSA
Counties:
8320
IN
Clay; IN Sullivan; IN Vermillion; IN
Non‑SMSA
Counties 2.5
IL
Clark; IL Crawford; IN Parke.
082
SMSA
Counties:
3920
IN
Non-SMSA Counties 1.5
IN
IN
083
Chicago, IL:
SMSA
Counties:
1600
IL Cook; IL Du Page; IL Kane; IL
2960
IN
3740
IL
3800
WI
Non‑SMSA Counties 18.4
IL Bureau;
IL
IL
Livingston; IL Putnam; IL Jasper; IN Laporte; IN
084
Champaign‑Urbana, IL:
SMSA Counties:
1400
IL
Non‑SMSA
Counties 4.8
IL Coles; IL
085 Springfield‑Decatur, IL:
SMSA
Counties:
2040
IL
7880
IL Menard; IL
Non‑SMSA
Counties 4.0
IL Cass; IL
Christian; IL De Witt; IL Logan; IL Morgan; IL Moultrie;
IL Scott;
IL Shelby.
086
Quincy, IL:
Non‑SMSA Counties 3.1
IL
087
SMSA Counties
1040
IL
8120
IL
Non‑SMSA
Counties 3.3
IL Fulton; IL Knox; IL McDonough; IL Marshall; IL Mason;
IL Schuyler;
IL Stark; IL Warren.
088
SMSA
Counties:
6880
IL Boone; IL Winnegago.
3620
WI Rock
Non‑SMSA Counties 4.6
IL Lee; IL
Ogle; IL Stephenson.
089
SMSA
Counties:
5080
WI
6600
WI
Non‑SMSA Counties 7.0
WI
Dodge; WI Jefferson; WI
090
Madison, WI:
SMSA
Counties:
4720
WI
Dane.
Non‑SMSA Counties 1.7
WI
Adams; WI Columbia; Wl Green; WI Iowa; WI Marquette; Wl Richland; WI Sauk.
091
SMSA
Counties:
3870
LaCrosse. WI 0.9
Non‑SMSA Counties 0.6
MN
WI
Trempealeau; WI
092
SMSA Counties:
2290
WI Chippewa; WI
Non‑SMSA Counties 0.6
Wl Barron; WI Dunn; WI Pepin; WI Rusk; WI Sawyer; WI
Washburn.
093
Non‑SMSA Counties 0.6
WI Clark; WI Langlade; WI
WI Price; WI Taylor; WI Vilas; WI Wood.
094
SMSA Counties:
0460
WI
3080
WI Brown.
Non‑SMSA Counties 1.0
MI Alger; MI Baraga; MI Delta; MI
Dickinson; MI Houghton; MI Iron;
MI Keweenaw; MI Marquette; MI Menominee; MI Schoolcraft; WI
Door;
WI
WI
WI Waupaca; Waushara.
095
SMSA Counties:
2240
MN St
Louis; Wl Douglas.
Non‑SMSA Counties 1.2
MI Gogebic; MI Ontonagon; MN
MN Lake; WI
096
Minneapolis‑St. Paul, MN:
SMSA
Counties:
5120 Minneapolis‑St. Paul, MN‑WI 2.9
MN
MN
Scott; MN Washington; MN Wright; MN St. Croix.
6980
MN
Benton; MN Sherburne; MN Stearns.
Non‑SMSA
Counties 2.2
MN
Aitkin; MN Big Stone; MN Blue Earth; MN Brown; MN Cass; MN Chippewa;
MN Crow
Wing; MN Douglas; MN
MN
Kanabec; MN Kandiyohi; MN Lac Qui Parle; MN Le Sueur; MN McLeod;
MN
Martin; MN Meeker; MN Mille Lacs; MN Mornson; MN Nicollet; MN Pine;
MN
Pope; MN Renville; MN Rice; MN Sibley; MN Stevens; MN Swift; MN Todd;
MN
Traverse; MN Wadena; MN Waseca; MN Watonwan; MN Yellow Medicine;
WI
Burnett; WI Pierce; WI Polk.
097
SMSA
Counties:
6820
MN
Olmsted.
Non‑SMSA
Counties 0.9
MN
Dodge; MN Fillmore; MN Freeborn; MN Mower; MN Steele; MN Wabasha.
098
SMSA
Counties:
2200
IA
Non-SMSA
Counties 0.5
IL Jo
Daviess; IA Allamakee; IA Clayton; IA
IA
Winneshiek; WI Crawford; WI Grant; Wl Lafayette.
099
Davenport-Rock Island-Moline, IA‑IL:
SMSA
Counties:
1960
Davenport-Rock Island-Moline, IA‑IL 4.6
IL
Henry; IL
Non‑SMSA Counties 3.4
IL Carroll; IL Handcock; IL Henderson; IL
Mercer; IL Whiteside; IA Clinton;
IA Des Moines; IA
Henry; IA Lee; IA Louisa; IA Muscatine; MO Clark.
100
SMSA Counties:
1360
IA Linn.
Non‑SMSA Counties 1.5
IA
101
SMSA
Counties:
8920
IA
Black Hawk.
Non‑SMSA
Counties 2.0
IA
Bremer; IA Buchanan; IA
IA
Floyd; IA Franklin; IA Grundv; IA Hancock; IA Hardin; IA Howard; IA Mitchell;
IA
Winnegago; IA Worth.
102
Non-SMSA Counties 0.4
IA Bueno Vista; IA Calhoun; IA Carroll; IA Clay; IA
Dickinson; IA Emmet;
IA Greene; IA Hamilton; IA Humboldt; IA Kossuth; IA Palo
Alto; IA Pocahontas;
IA Sac;
IA Webster; IA Wright.
103
SMSA
Counties:
7720
IA
Woodbury; NE Dakota.
Non‑SMSA
Counties 1.2
IA
Cherokee, IA Crawford; IA Ida; IA Monona; IA O'Brien; IA
NE
Antelope; NE Cedar; NE Cuminq; NE Dixon; NE Knox; NE Madison; NE Pierce;
NE
Stanton; NE Thurston; NE Wayne; SD Bon Homme; SD Clay; SD Union;
SD Yankton.
104 Des Moines, IA:
SMSA
Counties:
2120
IA Polk; IA Warren.
Non‑SMSA Counties 2.4
IA Adair; IA Appanoose; IA Boone; IA Clarke; IA Dallas; IA
Davis; IA Decatur;
IA Guthrie; IA Jasper; IA Jefferson; IA Keokuk; IA Lucas;
IA Madison; IA Mahaska;
IA Marion; IA Marshall; IA Monroe; IA Poweshiek; IA
Ringgold; IA Story; IA Tama;
IA Union; IA Van Buren; IA Wapello; IA
105
SMSA
Counties:
3760
KS Johnson;
KS Wayandotte; MO Cass; MO Clay; MO
4150
7000
MO Andrew; MO Buchanan.
Non‑SMSA
Counties 10.0
KS
KS
Linn; KS
MO
MO
Henry; MO Holt; MO Johnson; MO Lafayette; MO
MO
Nodaway; MO Pettis; MO Saline; MO Worth.
106
SMSA
Counties:
1740
Non‑SMSA Counties 4.0
MO Adair; MO Audrain; MO Callaway; MO
MO Cooper; MO Howard; MO Knox; MO Linn;. MO Macon; MO
Miller; MO Moniteau; MO Monroe; MO Morgan; MO Osage; MO Putnam; MO Randolph; MO
Schuyler; MO Scotland; MO Shelby; MO Sullivan.
107
SMSA Counties:
7040
IL Clinton; IL Madison; IL Monroe; IL St. Clair; MO
Franklin; MO Jefferson; MO St. Charles; MO St. Louis; MO St. Louis City.
Non‑SMSA Counties 11.4
IL
Alexander IL Bond; IL Calhoun; IL Clay; IL Effingharn; IL Fayette; IL
IL
Greene; IL Jackson; IL Jasper; IL Jefferson; IL Jersey; IL Johnson; IL
Macoupin;
IL
Marion; IL Montgomery; IL Perry; IL Pulaski; IL Randolph; IL Richland; IL
Union;
IL
Washington; IL Wayne; IL Williamson; MO Bollinger; MO
MO Cape Girardeau; MO Carter; MO Crawford; MO Dent; MO
Gasconade; MO Iron;
MO
Lincoln; MO Madison; MO Maries;
MO
Phelps; MO Reynolds; MO Ripley; MO St. Francis; MO Ste. Genevieve; MO Scott;
MO
Stoddard; MO Warren; MO Washington; MO Wayne.
108
SMSA
Counties:
7920
MO
Christian; MO Greene.
Non-SMSA Counties 2.3
KS Allen; KS Bourbon; KS Cherokee; KS Crawford; KS Labette;
KS Montgomery; KS Neosho; KS Wilson; KS Woodson; MO Barry; MO Barton; MO Cedar;
MO Dade; MO Dallas;.MO Douglas; MO Hickory; MO Howell; MO Jasper; MO Laclede;
MO Lawrence; MO McDonald; MO Newton; MO Oregon; MO Ozark; MO Polk; MO Pulaski;
MO St. Clair; MO Shannon; MO Stone; MO Taney; MO
MO Webster; MO Wright; OK Craig; OK
109
Non‑SMSA Counties 3.3
AR Baxter; AR Benton; AR Boone; AR Carroll; AR Madison; AR
Marion; AR Newton; AR Searcy; AR Washington; OK Adair; OK Delaware.
110
SMSA
Counties:
2720
AR Crawford; AR Sebastian; OK Le Flore; OK Sequoyah.
Non‑SMSA Counties 6.6
AR
Franklin; AR Logan; AR Polk; AR Scott; OK Choctaw; OK Haskell; OK Latimer; OK McCurtain;
OK Pittsburg; OK Pushmataha.
111
Little Rock-North Little Rock, AR:
SMSA
Counties:
4400 Little Rock-North Little Rock, AR 15.7
AR Pulaski; AR Saline.
6240
AR
Non‑SMSA Counties 16.4
AR Arkansas; AR Ashley; AR Bradley; AR
Calhoun; AR Chicott; AR Clark; AR Calhoun; AR Cleveland; AR Conway; AR Dallas; AR
Desha; AR Drew; AR Faulkner; AR Fulton: AR Garland; AR Grant; AR Hot Springs; AR
Independence; AR Izard; AR Jackson; AR Johnson; AR Lincoln; AR Lonoke; AR
Monroe; AR Montgomery; AR Ouachita; AR Perry, AR Pope; AR Prairie; AR Sharp; AR
Stone; AR Union; AR Van Buren; AR While; AR Woodruft; AR Yell.
112 Jackson, MS:
SMSA Counties;
3560
MS Hinds; MS Rankin.
Non‑SMSA Counties 32.0
MS Attala; MS Choctaw; MS Choctaw; MS
Clarke; MS Copiah; MS Covington; MS Franklin; MS Holmes: MS Humphreys; MS
Issaquena; MS Jasper; MS Jefferson; MS Jefferson Davis; MS Jones; MS Kemper; MS
Lauderdale; MS Lawrence; MS Leake; MS Lincoln; MS Lowndes; MS Madison; MS
Neshoba; MS Newton; MS Noxubee; MS Oktibbeha; MS Scott; MS Sharkey; MS Simpson;
MS Smith; MS Warren; MS Wayne; MS Winston; MS Yazoo.
113
SMSA
Counties
0920
Biloxi‑Gulfport, MS 19.2
MS
Hancock; MS Harrison; MS Stone.
5560
LA Jefferson; LA
Non‑SMSA Counties 27.7
LA
Assumption; LA Lafourche; LA Plaquemines;
MS Lamar;
MS Marion; MS Pearl River; MS Perry; MS Pike; MS Walthall.
114
SMSA Counties:
0760
LA Ascension; LA East Baton Rouge; LA
Livingston; LA
Non‑SMSA Counties 30.4
LA Concordia; LA E.
Feliciana; LA Iberville; LA Pointe Coupee; LA St. Helena;
LA
115 Lafayette, LA:
SMSA Counties:
3880 Lafayette, LA 20.6
LA Lafayette.
Non‑SMSA
Counties 24.1.
LA Acadia; LA Evangeline; LA Iberia; LA St. Landry; LA
St. Martin;
116
SMSA Counties:
3960 Lake Charles, LA 19.3
LA Calcasieu.
Non-SMSA Counties 17.8
LA Allen; LA Beauregard; LA Cameron;
LA Jefferson Davis LA Vernon.
117 Shreveport, LA:
SMSA Counties:
0220 Alexandria, LA 25.7
LA Grant; LA Rapides.
7680 Shreveport, LA 29.3
LA Bossier; LA Caddo; LA Webster.
Non‑SMSA Counties 29.3
LA Avoyelles; LA Bienville; LA
Claiborne; LA De Soto; LA Natchitoches;
LA Red River; LA Sabine; LA Winn.
118 Monroe, LA:
SMSA Counties:
5200 Monroe, LA 22.8
LA Ouachita.
Non‑SMSA Counties 27.9
LA Caldwell; LA Catahoula; LA East
Carroll; LA Franklin; LA Jackson; LA La Salle; LA Lincoln; LA Madison; LA
Morehouse; LA Richland; LA Tensas; LA Union; LA West Carroll.
119
SMSA Counties:
8360
AR Little River; AR Miller; TX
Non‑SMSA Counties 20.2
AR Columbia; AR Hempstead; AR Howard; AR
Lafayette; AR Nevada; AR Pike; AR Sevier; TX Camp; TX Cass; TX Lamar; TX
Morris; TX Red River; TX Titus.
120 Tyler‑Longview, TX:
SMSA Counties:
4420
TX Gregg; TX Harrison.
8640
TX Smith.
Non‑SMSA Counties 22.5
TX Anderson; TX Angelina; TX Cherokee; TX
Henderson; TX Houston; TX Marion; TX Nacogdoches; TX Panola; TX Rusk; TX San
Augustine; TX Shelby; TX Upshur; TX Wood.
121 Beaumont‑Port Arthur, TX:
SMSA Counties:
0840 Beaumont‑Port Arthur Orange, TX
22.6
TX Hardin; TX Jefferson; TX
Non‑SMSA Counties 22.6
TX Jasper; TX
122 Houston, TX:
SMSA Counties
1260 Bryan‑College Station, TX 23.7
TX
2920
TX
3360
TX Brazona; TX
Non‑SMSA Counties 27.4
TX Austin; TX Burleson; TX Calhoun; TX Chambers; TX
Colorado; TX De Witt; TX Fayette; TX Goliad; TX Grimes; TX Jackson; TX Lavaca;
TX Leon; TX Madison; TX Matagorda; TX Polk; TX Robertson; TX San Jacinto; TX
Trinity; TX Victoria; TX Walker; TX Washington; TX Wharton.
123 Austin, TX:
SMSA Counties:
0640
TX Hays; TX Travis; TX Williamson.
Non‑SMSA Counties 24.2
TX
124 Waco‑Killeen‑Temple, TX:
SMSA Counties:
3810 Killeen‑Temple, TX. 16.4
TX
8800
TX McLermarx
Non‑SMSA Counties 18.6
TX Bosque; TX Falls; TX Freestone; TX Hamilton; TX Hill; TX
Lampasas; TX Limestone; TX Milam; TX Mills.
125 Dallas‑Fort Worth, TX:
SMSA Counties
1920 Dallas‑Fort Worth, TX 18.2
TX Collier; TX Dallas; TX Denton; TX
Ellis; TX Hood; TX Johnson; TX Kaufman; TX Parker; TX Rockwall; TX Tarrant; TX
Wise.
7640 Sherman‑Denison, TX 9.4
TX Grayson.
Non‑SMSA
Counties 17.2
OK Bryan; TX Cooke; TX Delta; TX Erath; TX Fannin; TX Franklin; TX Hopkins; TX Hunt;
TX Jack; TX Montague; TX Navarro; TX Palo Pinto; TX Rains; TX Sommerveil; TX Van
Zandt.
126
SMSA Counties:
9080
TX
Clay; TX
Non‑SMSA Counties 11.0
TX Archer; TX Baylor; TX Cottle; TX Foard; TX Hardeman; TX
Wilbarger; TX Young.
127
SMSA Counties:
0040
TX Callahan; TX Jones; TX Taylor.
Non‑SMSA Counties 10.9
TX Brown; TX Coleman; TX; Comanche; TX Eastland;
TX Fisher; TX Haskell; TX Kent; TX Knox; TX Mitchell; TX Nolan; TX Scurry; TX
Shackelford; TX Stephens; TX Stonewall; TX Throckmorton.
128
SMSA Counties:
7200
TX Tom Green.
Non‑SMSA Counties 20.0
TX Coke; TX Concha; TX Crockett; TX Irion;
TX Kimble; TX McCulloch; TX Mason; TX Menard; TX Reagan; TX Runnels; TX San
Saba; TX Schleicher; TX Sterling; TX Sutton, TX Terrell.
129
SMSA Counties:
4080 Laredo 87.3
TX Webb.
7240 San Antonio, TX 47.8
TX Bexar; TX Comal; TX Guadalupe.
Non‑SMSA Counties 49.4
TX Atascosa; TX Bandera; TX Dimmit; TX Edwards; TX Frio; TX
Gillespie; TX Gonzales; TX Jim Hogg; TX
Karnes; TX Kendall; TX Kerr; TX Kinney; TX La Salle; TX McMullen; TX Maverick;
TX Medina; TX Real; TX Uvalde; TX Val Verde; TX Wilson; TX Zapata; TX Zavala.
130
SMSA Counties:
1880
TX Nueces; TX
San Patricio.
Non‑SMSA Counties 44.2
TX Aransas; TX Bee; TX Brooks; TX Duval; TX Jim Wells; TX
Kenady; TX Kyberg; TX Live Oak; TX Refugio.
131 Brownsville‑McAllen‑Harlingen, TX:
SMSA Counties:
1240 Brownsville‑Harlingen‑San
TX Cameron.
4880 McAllen‑Pharr‑Edinburg,
TX 72.8
TX
Non‑SMSA Counties 72.9
TX Starr; TX Willacy.
132 Odessa‑Midland, TX:
SMSA Counties:
5040
TX
5800
TX Ector.
Non‑SMSA Counties 18.9
TX Andrews; TX Crane; TX Glasscock; TX
Howard; TX Loving; TX Martin; TX Pecos; TX Reeves; TX Upton; TX Ward; TX
Winkler.
133 El Paso,
TX:
SMSA
Counties:
2320 El Paso,
TX 57.8
TX El Paso.
Non‑SMSA Counties 49.0
NM Chaves; NM Dona Ana; NM
Eddy; NM Grant; NM Hidalgo; NM Luna; NM Otero; NM Sierra, TX Brewster; TX
Culberson; TX Hudspeth; TX Jeff Davis; TX Presidio.
134 Lubbock, TX:
SMSA Counties:
4600
TX
Non‑SMSA 19.5
NM Lea; NM Roosevelt ; TX Bailey; TX Borden; TX Cochran; TX
Crosby; TX Dawson; TX Dickens; TX Floyd; TX Gaines; TX Garza; TX Hale; TX
Hockley; TX King; TX Lamb; TX Lynn; TX Motley; TX Terry; TX Yoakum.
135
SMSA Counties:
0320
TX Potter; TX Randall.
Non‑SMSA Counties 11.0
NM Curry; NM Harding; NM Quay; NM Union; OK Beaver; OK
Cimarron; OK Texas; TX Arnstrong; TX Briscoe; TX Carson; TX Castro; TX Childress; TX Collingsworth; TX
Dallam; TX Deaf Srnith; TX Donley; TX Gray; TX Hall; TX Hansford; TX Hartley;
TX Hemphill; TX Hutchinson; TX Lipscomb; TX Moore; TX Ochitree; TX Oldham; TX
Parmer; TX Roberts; TX Sherman; TX Swisher; TX Wheeler.
136
SMSA Counties:
4200
OK Comanche.
Non‑SMSA Counties 10.8
OK Cotton; OK Green; OK.
Harmon; OK Jackson; OK Jefferson; OK Kiowa; OK Stephens; OK Tillman.
137
SMSA Counties
5880
OK Canadian; OK
Non‑SMSA Counties 9.0
OK Alfalfa; OK Atoka; OK
Beckham; OK Blaine; OK Caddo; OK Carter; OK Coat; OK Custer; OK Dewey; OK
Ellis; OK Garfield; OK Garvin; OK Grady; OK Grant; OK Harper; OK Hughes; OK
Johnston; OK Kingfisher; OK Lincoln; OK Logan; OK Love; OK Major; OK Marshall;
OK Murray, OK Okfuskee; OK Pontotoc; OK Roger Mills; OK Seminole; OK Washita;
OK Woods; Ok Woodward.
138 TuIsa, OK:
SMSA Counties:
8560
OK Creek; OK Mayes; OK Osage; OK
Non‑SMSA Counties 10.0
OK Cherokee; OK Key; OK
McIntosh; OK Muskogee; OK Noble; OK Nowata; OK Okmulgee; OK Pawnee; OK Payne;
OK Washington.
139
SMSA Counties:
9040
KS
Non‑SMSA Counties 5.7
KS Barber; KS Barton; KS
Chase; KS Chautauqua; KS Clark; KS Comanche. KS Cowley; KS Edwards; KS Elk; KS
Finney; KS Ford; KS Grant; KS Gray; KS Greeley; KS Greenwood; KS Hamilton; KS
Harper; KS Harvey; KS Haskell; KS Hodgeman; KS Kearny; KS Kingman; KS Kiowa; KS
Lane; KS McPherson; KS Marion; KS Meade; KS Morton; KS Ness; KS Pawnee; KS
Pratt; KS Reno; KS Rice; KS Rush; KS Scott; KS Seward; KS Stafford; KS Stanton;
KS Stevens; KS Sumner, KS Wichita.
140
Non‑SMSA Counties 1.5
KS Cheyenne; KS Cloud;
KS Decatur; KS Dickinson; KS Ellis; KS Ellsworth; KS Gove; KS Graham; KS
Jewell; KS Lincoln; KS Logan; KS Mitchell; KS Norton; KS Osborne; KS Ottawa; KS
Phillips; KS Rawlins; KS Republic; KS Rooks; KS Russell; KS Saline; KS
Sheridan; KS Sherman; KS Smith; KS Thomas; KS Trego; KS Wallace.
141
SMSA Counties:
8440
KS Jefferson; KS Osage;
KS
Non‑SMSA Counties 6.5
KS CIay; Coffey; KS
Geary; KS Jackson; KS Lyon; KS Marshall; KS Morris; KS Nemaha; KS Pottawatomie,
KS Riley; KS Wabaunsee; KS Washington.
142 Lincoln, NE:
SMSA Counties:
4360
Non SMSA Counties 1.9
NE Butler; NE Fillmore;
NE Gage; NE Jefferson; NE Johnson; NE Nemaha; NE Otoe; NE Pawnee; NE Polk; NE
Richardson; NE Saline, NE Seward; NE Thayer; NE York.
143
SMSA Counties:
5920
IA Pottawattamie; NE
Douglas; NE Sarpy.
Non‑SMSA 5.3
IA Adams; IA Audubon; IA
Cass; IA Fremont; IA Harrison; LA Mills; IA Montgomery; IA Page; IA Shelby; IA
Taylor; NE Burt; NE Cass; NE Colfax; NE Dodge; NE Platte; NE Saunders; NE
Washington.
144
Non SMSA Counties 1.4
NE Adams; NE Aurther; NE
Blaine; NE Boyd; NE Brown; NE Buffalo; NE Chase; NE Cherry; NE Clay; NE Custer;
NE Dawson; NE Dundy; NE Franklin; NE Frontier; NE Fumas; NE Garfield; NE
Gosper; NE Grant; NE Greeley, NE Hall; NE Hamilton; NE Harlan; NE Hayes; NE
Hitchcock; NE Holt; NE Hooker; NE Howard; NE Kearney; NE Keith; NE Keya Paha;
NE Lincoln; NE Logan; NE Loup; NE McPherson; NE Merrick; NE Nance; NE Nuckolls;
NE Perkins; NE Phelps; NE Red Willow; NE Rock; NE Sherman; NE Thomas; NE
Valley; NE Webster; NE Wheeler.
145 Scottsbluff, NE:
Non‑SMSA Counties 5.3
NE Banner; NE Box Butt; NE
Cheyenne; NE Dawes; NE Deuel; NE Garden; NE Kimball; NE Morrill; NE Scotts
Buff; NE Sheridan; NE Sioux; NE Goshen.
146
SMSA
Counties:
6660
SD
Pennington; SD Meade.
Non‑SMSA
Counties 7.9
SD Bennett; SD Buffalo; SD Butte; SD Campbell; SD Corson;
SD Custer; SD Dewey (Armstrong); SD Fall River; SD Haakon; SD Harding; SD
Hughes; SD Hyde; SD Jackson; SD Jones; SD Lawrence; SD Lyman; SD Mellette; SD
Perkins; SD Potter; SD Shannon (Washington); SD Stanley; SD Sully; SD Todd; SD
Tripp; SD Walworth; SD Washabaugh; SD Ziebach; WY Crook; WY Niobrara; WY
Weston.
147 Sioux Falls, SD:
SMSA
Counties:
7760
SD
Minnehaha.
Non‑SMSA
Counties 0.8
IA Lyon; IA Osceola; MN Cottonwood; MN
148
Non‑SMSA Counties 1.3
SD Brown; SD Clark; SD Codington; SD Day; SD
Deuel; SD Edmunds; SD Faulk;
SD Grant; SD Hamlin; SD McPherson; SD Marshall;
SD Roberts; SD Spink.
149
Fargo‑Moorhead, ND‑MN:
Non‑SMSA
Counties 0.7
MN
ND
Foster; ND Griggs; ND La Moure; ND Logan; ND McIntosh; ND Ransom;
ND
150
SMSA
Counties:
2985
MN
Polk; ND
Non‑SMSA Counties 2.0
MN Beltrami; MN
MN Mahnomen; MN Marshall; MN
MN
ND Ramsey; ND Towner; ND Walsh.
151
Bismarck, ND:
SMSA
Counties:
1010
ND Burleigh; ND Morton.
Non-SMSA Counties 1.3
ND Adams; ND Billings; ND Bowman; ND Dunn;
ND Emmons; ND Golden Valley; ND Grant; ND Hettinger; ND Kidder; ND Mercer; ND
Oliver; ND Sheridan; ND Sioux; ND Slope; ND Stark; ND Wells.
152
Minot, ND:
Non‑SMSA
Counties 4.4
MT
Daniels; MT
ND
Divide; ND McHenry; ND McKenzie; ND
ND
Renville; ND Rolette; ND Ward; ND Williams.
153
SMSA
Counties.
3040
MT
Cascade.
Non‑SMSA Counties 4.1
MT Blaine; MT Broadwater; MT Chouteau; MT
Fergus; MT Glacier; MT Hill;
MT Jefferson; MT
MT Petroleum; MT Phillips; MT Pondera; MT
Teton; MT Toole; MT Valley;
MT Wheatland.
154
Non‑SMSA Counties 2.7
MT Beaverhead;
MT Deer Lodge; MT Flathead; MT Granite; MT
MT
MT Silver Bow;
MT
155
SMSA Counties:
0880
MT
Non‑SMSA Counties 3.3
MT Big Horn; MT Carbon; MT Carter; MT
Custer; MT Dawson; MT Fallon; MT Gallatin; MT Garfield; MT Golden Valley; MT
McCone; MT Musselshell; MT Park; MT Powder River; MT Prairie; UT Rosebud; MT
Stillwater, MT Sweet Grass; MT Treasure; MT Wilbaux; MT Yellowstone Nat’l Park;
WY Big Horn; WY Hot Springs; WY Park; WY Sheridan; WY Washakie.
156 Cheyenne‑Casper, WY:
Non‑SMSA Counties 7.5
CO Jackson; WY Albany; WY Campbell; WY
Carbon; WY Converse; WY Fremont WY Johnson; WY Laramie; WY Natrona, WY Platte.
157
SMSA Counties:
2080 Denver‑Boulder,
CO 13.8
CO Adams; CO Arapahoe; C0
2670
CO Larimer.
3060
CO Weld.
Non‑SMSA Counties 12.8
CO Cheyenne; CO Clear
Creek; CO Elbert CO Grand; CO Kit Carson; CO Logan; CO Morgan; CO Park; CO
Phillips; :CO Sedgwick; CO Summit; CO Washington; CO Yuma.
158
SMSA Counties:
1720
CO
6560
CO Pueblo.
Non‑SMSA Counties 19.0
CO Alamosa; CO Baca; CO
Bent; CO Chaffee; CO Conejos; CO Costilla; CO Crowley; CO Custer; CO Fremont;
CO Huerfano; CO Kiowa; CO Lake; CO Las Animas; CO Lincoln; CO Mineral; CO
Otero; CO Prowers; CO Rio Grande; CO Saguache.
159
Non‑SMSA Counties 10.2
CO Archuleta; CO Delta; CO
Dolores; CO Eagle; CO Garfield; CO Gunnison; CO Hinsdale; CO La Plata, CO Mesa;
CO Moffat; CO Montezuma; CO Montrose; CO Ouray; CO Pitkin; CO Rio Blanco; CO
Routt; CO San Juan; CO San Miguel; UT Grand; UT San Juan.
New Mexico:
160 Albuquerque, NM:
SMSA Counties.
0200 Albuquerque,
NM 38.3
NM Bernalillo; NM Sandoval.
Non‑SMSA
Counties 45.9
NM Citron. NM Colfax; NM De Baca; NM Guadalupe; NM San
Juan; NM San Miguel;
NM Santa Fe; NM Socorro; NM Taos; NM Torrance; NM
Valencia.
Arizona:
161 Tucson, AZ:
SMSA Counties:
8520
AZ Pima.
Non‑SMSA Counties 27.0
AZ Cochise; AZ Graham; AZ
Greenlee; AZ Santa Cruz.
162
SMSA Counties:
6200
AZ Maricopa.
Non‑SMSA Counties 19.6
AZ Apache; AZ Coconino; AZ
Gila; AZ Mohave; AZ Navajo; AZ Pinal; AZ Yavapai; AZ Yuma.
Nevada:
163 Las Vegas, NV:
SMSA Counties:
4120 Las Vegas, NV 13.9
NV
Non-SMSA Counties 12.6
NV Esmeralda; NV Lincoln; NV Nye;UT Beaver; UT Garfield; UT
Iron; UT Kane; UT Washington.
164
SMSA Counties:
6720
NV Washoe.
Non-SMSA Counties 9.2
NV Churchill; NV Douglas; NV Elko;NV Eureka; NV Humboldt;
NV Lander; NV Lyon; NV Mineral; NV Pershing; NV Storey; NV White Pine; NV
Carson City
165
SMSA Counties
6520 Provo‑Orem,
UT 2.4
UT
7160
Salt
UT
Non‑SMSA
Counties 5.1
ID Bear Lake; ID Franklin; ID Oneida; UT
Box Elder; UT Cache; UT Carbon; UT Daggett; UT Duchesne; UT Emery; UT Juab; UT
Millard; UT Morgan; UT Piute; UT Rich; UT Sanpete; UT Sevier; UT Summit; UT
Uintah ‑UT Wasatch; UT Wayne; WY Lincoln; WY Sublette; WY Sweetwater; WY
Uinta.
166
Non‑SMSA Counties 4.0
ID Bannock; ID Bingham; ID Baline; ID Bonneville; ID Butte;
ID Camas; ID Caribou; ID Cassia; ID Clark; ID Custer; ID Fremont; ID Gooding;
ID Jefferson; ID Jerome; ID Lemini; ID Lincoln; ID Madison; ID Minidoka; ID
Power; ID Teton; ID Twin Falls; WY Teton.
167
SMSA Counties:
1080
ID
Non‑SMSA Counties 4.4
ID Adams; ID Boise;
ID Canyon; ID Elmore; ID Gem; ID Owyhee; ID Payette; ID Valley; ID Washington;
OR Harney; OR Malheur.
168
SMSA Counties:
7840
WA
Non‑SMSA Counties 3.0
ID Benewah; ID Bonner;
ID Boundary; ID Clearwater; ID Idaho; ID Kootena; ID Latah; ID Lewis; ID Nez
Perce; ID Shoshone; WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA
Lincoln; WA Pend Orelle; WA Stevens; WA Whitman.
169
SMSA Counties:
6740
WA Benton; WA FranklIn.
Non‑SMSA Counties 3.8
OR Baker; OR Gilliam; OR
Grant; OR Morrow; OR Umatilla; OR Union; OR Wallowa; OR Wheeler; WA
170
SMSA Counties:
9260
WA
Non‑SMSA Counties 7.2
WA Chelan; WA Douglas;
WA Grant; WA Kittitas; WA
171 Seattle, WA:
SMSA Counties:
7600
WA King; WA Snohomish.
8200
WA Pierce.
Non‑SMSA Counties 6.1
WA Clallarn; WA Grays
Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA
San Juan; WA Skaqil; WA Thurston; WA Whatcom.
172
SMSA
Counties:
6440
OR
Clackamas; OR Muitnomah; OR Washinton; WA
7080
OR Marion; OR Polk.
Non‑SMSA Counties: . .
.
OR
OR
Jefferson; OR Lincoln; OR Linn; OR Sherman; OR Tillammok; OR Wasco;
OR
Yamhill; WA
173
SMSA Counties:
2400
Non‑SMSA Counties 2.4
OR Coos; OR Curry; OR Douglas; OR
OR
174
Non‑SMSA
Counties 6.8
CA Lassen; CA Modoc; CA Plumas; CA; Shasta;
CA Siskiyou; CA Tehama.
175
Non‑SMSA
Counties 6.6
CA Del Norte; CA Humboldt; CA Trinity.
176 San
Francisco‑Oakland‑San Jose, CA:
SMSA
Counties:
7120
Salinas‑Seaside‑Monterey, CA 28.9
CA
7360
CA Alameda; CA Contra Costa; CA Marin; San
Francisco; CA San Mateo.
7400 San Jose, CA 19.6
CA Santa Clara.
7485 Santa Cruz, CA 14.9
CA Santa Cruz.
7500 Santa Rosa, CA 9.1
CA Sonoma.-
8720 Vallejo‑Fairfield‑Napa,
CA 17.1
CA Napa; CA Solano.
Non‑SMSA Counties 23.2
CA Lake; CA Mendocino; CA San Benito.
177
SMSA
Counties:
6920
CA Placer; CA Sacramento; CA Yolo.
Non‑SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada;
CA Sierra;
CA
Sutter; CA Yuba.
178
Stockton‑Modesto, CA:
SMSA Counties:-
5170
CA
Stanislaus
8120
CA
Non‑SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA
Merced, CA Tuolumne.
179
Fresno‑Bakersfield, CA:
SMSA
Counties:
0680
CA
2840
CA
Non‑SMSA Counties 23.6
CA Kings; CA Madera CA Tulare.
180 Los Angeles, CA:
SMSA
Counties.
0360 Anaheim‑Santa Ana‑Garden Grove, CA 11.9
CA
4480 Los Angeles‑Long Beach, CA 28.3
CA Los Angeles
6000 Oxnard‑Simi Valley‑Ventura,
CA 21.5
CA Ventura
6780 Riverside‑San Bernardino‑Ontario,
CA 19.0
CA Riverside; CA San Bernadino.
7480 Santa Barbara‑Santa Maria‑Lompoc, CA 19.7
CA
Non‑SMSA Counties 24.6
CA Inyo; CA Mono; CA San Luis - Obispo.
181 San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
CA San Diego.
Non‑SMSA
Counties 16.2
CA Imperial
182
SMSA
Counties:
0380
AK
Non‑SMSA
Counties 15.1
AK Aleutian IsIands Division; AK Angoon Division; AK Barrow‑North
Slope Division; AK Bethel Division; AK Bristol Bay Borough; AK Bristol Bay
Division; AK Cordova McCarthy Division; AK Fairbanks Division; AK Haines
Division; AK Juneau Division; AK Kenai-Cook Inlet Division; AK Ketchikan
Division; AK Kobuk Division; AK Kodiak Division; AK Kwskokwim Division; AK
Matansuska-Susitna Division; AK Nome Division; AK Outer Ketchikan Division; AK
Prince of Wales Division; AK Seward Division; AK Sitka Division; AK Skagaway‑Yakutat
Division; AK Southeast Fairbanks Division; AK Upper Yukon Division; AK
Valdez-Citina-Whittier Division; AK Wade Hampton Division; AK
Wrangell-Petersburg Division; AK Yukon-Koyukuk Division.
183
SMSA Counties:
3320
HI
Non‑SMSA
Counties 70.4
HI
[1] These threshold and reporting changes result from the passage of the Jobs for Veterans Act (JVA), P.L. 107-288 (Nov. 7, 2002). JVA also broadened the scope and definition of covered veterans.
[2] Records should be maintained for each race and national origin constituting more than two percent (2%) of the labor force in the relevant labor area. Contractors do not need to keep track of race or national origin data if one race or national origin group constitutes more than ninety-eight percent (98%) of the labor force in the relevant area.
[3]
OFCCP's regulations regarding the race,
ethnicity, and job categories to be used by contractors have not changed to
reflect the new categories for race, ethnicity, and job categories required for
the EEO-1 Report. However, as a matter of enforcement discretion, OFCCP will
not cite any contractor for non-compliance with the Executive Order solely
because it utilizes the race, ethnicity, or job categories required by the new
EEO-1 Report in records required by OFCCP regulations. Further, OFCCP will
accept AAPs and supporting records that reflect the race, ethnicity, and job
categories outlined in either 41 CFR Part 60-2 or the new EEO-1 Report. For more information, see OFCCP’s Directive regarding
the use of race and ethnic categories available online at: http://www.dol.gov/ofccp/regs/compliance/directives/dirindex.htm
[4] For more information, please see OFCCP Directive Number: 284 - The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS) revised Employment Eligibility Verification Form (Form I-9).
[5] OFCCP's regulations regarding the race, ethnicity, and job categories to be used by contractors have not changed to reflect the new categories for race, ethnicity, and job categories required for the EEO-1 Report. However, as a matter of enforcement discretion, OFCCP will not cite any contractor for non-compliance with the Executive Order solely because it utilizes the race, ethnicity, or job categories required by the new EEO-1 Report in records required by OFCCP regulations. Further, OFCCP will accept AAPs and supporting records that reflect the race, ethnicity, and job categories outlined in either 41 CFR Part 60-2 or the new EEO-1 Report. For more information, see OFCCP’s Directive regarding the use of race and ethnic categories available online at: http://www.dol.gov/ofccp/regs/compliance/directives/dirindex.htm
[6]
For more information about the development of
the goals, see Federal Register, Vol. 45, No. 194, at 65976-65991 (October 3,
1980) (minorities) and Federal Register, Vol. 45, No. 251 at 85750-85751
(December 30, 1980) (females). The text
of these Federal Register notices can be found:
[7] The percentage goal established for female participation is 6.9% nationwide.