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Including Remote or Telework Employees in Affirmative Action Programs Frequently Asked Questions (FAQs)

OFCCP’s regulations implementing Executive Order 11246 require that each employee of a covered federal contractor or subcontractor be included in an affirmative action program (AAP). This requirement includes employees who work remotely or telework full-time, part-time, on an ad hoc basis or under any other arrangement. The following FAQs are provided to assist contractors in understanding how to organize and annotate such employees.

  1. Does OFCCP have any regulations that address which AAP(s) should include remote and telework employees?
  2. How would contractors incorporate remote or telework employees into their establishment-based AAPs?
  3. Where in the AAP does a contractor annotate a remote or telework employee’s location?
  4. What does a contractor do if a remote or telework employee could be included in the AAP for more than one establishment based on the above guidelines?
  5. What if a remote or telework employee is covered by a functional affirmative action program?

 


 

1. Does OFCCP have any regulations that address which AAP(s) should include remote and telework employees?

OFCCP’s regulations do not specifically address remote and telework employees. However, OFCCP’s regulations describe the options a contractor may have regarding which AAP(s) should include its remote and telework employees. If a remote or telework employee could be placed in more than one AAP under OFCCP’s regulations, the contractor may choose the AAP in which to include that individual. For more information, please see 41 CFR 60‐2.1(d)(1) (addressing employees who work at establishments other than that of the management to whom they report); 41 CFR 60‐2.1(d)(2) (addressing employees who work at an establishment where the contractor employs fewer than 50 employees); and 41 CFR 60‐2.1(d)(3) (addressing employees for whom selection decisions are made at a higher level establishment within the organization).

 


 

2. How would contractors incorporate remote or telework employees into their establishment-based AAPs?

A covered contractor with only one establishment would include all of its employees, including any remote or telework employees, in the AAP for that establishment. For a covered contractor with multiple establishments, OFCCP provides the below guidelines on the AAP(s) in which remote or telework employees may be included.

  • Include a remote or telework employee in the AAP that covers the management to whom they report. For example, an employee who works remotely out of an office in Washington, D.C., for a manager in New York, New York, could be included in the New York AAP.
  • Include a remote or telework employee in the AAP of the establishment where his or her selection decision was made. For example, an employee who was selected by corporate headquarters in Seattle, Washington, to run an office in Portland, Oregon, could be included in the Seattle AAP.
  • Include a remote or telework employee in the AAP that covers the location of the personnel function that supports the employee. For example, if a manager who works from home in Columbus, Ohio, has four employees who work from home in various locations across Missouri and Ohio, and they are supported by a personnel function in Chicago, Illinois, the manager and employees could all be included in the Chicago AAP.

 


 

3. Where in the AAP does a contractor annotate a remote or telework employee’s location?

The actual locations of remote and telework employees must be annotated in the organizational profile and job group analysis of the AAP in which they are included. For employees who work from home, the annotation should identify only the city and state (or country).

 


 

4. What does a contractor do if a remote or telework employee could be included in the AAP for more than one establishment based on the above guidelines?

If the employee could be placed in more than one AAP based on the guidelines described above, the contractor may choose the AAP in which to include that individual. Regardless of the AAP chosen, the contractor must include each remote or telework employee in an AAP.

 


 

5. What if a remote or telework employee is covered by a functional affirmative action program?

A contractor may enter into an agreement with OFCCP to maintain one or more AAPs by functional or business unit. These AAPs are also known as functional AAPs, or FAAPs. A FAAP must include any remote or telework employees who work in the functional or business unit covered by the FAAP agreement. You can learn more about FAAPs here.