Affirmative action FAQs, AA requirements, OFCCP compliance, EEO-1 and VETS-4212 reporting requirements, pay data reporting requirements.
Are you required to write an annual
Affirmative Action Plan or file
certain federal reports?
If your company…
- Has 50 or more US employees AND
- A federal contract or subcontract valued at $50,000 or more; OR
- Has government bills of lading with in any 12-month period total, or can reasonably be expected to total, $50,000 or more; OR
- Serves as a depository of federal funds in any amount; OR
- Is a financial institution that is an issuing and paying agent for US savings bonds and savings notes in any amount.
Then you are required to write an annual affirmative action plan.
New Affirmative Action Program Requirement: Contractors must now certify the compliance of their AAP online in the OFCCP’s contractor portal annually. Download our Portal Registration Job Aid to get started.
- Private employers (who are subject to Title VII of the Civil Rights Act, as amended) with 100 or more employees.
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended who are not exempt as provided for by 41 CFR 60-1.5, with both 50 or more employees and a prime contractor or first-tier subcontract amounting to $50,000 or more.
- Companies that serve as a depository of Government funds in any amount or as a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes and have 50 or more employees.
The VETS-4212 Report should be filed if a business has a current federal government contract or subcontract worth $150,000 or more, regardless of the number of employees. The contract or subcontract may be with any department or agency of the United States for the procurement of personal property or non-personal services. Services include, but are not limited to, utility, construction, transportation, research, insurance, and fund depository, regardless whether the government is the purchaser or seller.
Under California legislation enacted on September 30, 2020, private employers of 100 or more employees (with at least one employee in California) must report certain pay and other data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021 and annually thereafter.
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