AA Resources

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.

Federal construction contractors have a regulatory requirement to notify the Office of Federal Contract Compliance Programs (OFCCP) of receipt of a contract to perform construction work in excess of $10,000.

Federal construction contractors, Federal contracting officers, applicants for construction contracts, and nonconstruction contractors awarding construction subcontracts must submit the required contract information through  OFCCP’s Notification of Construction Contract Award Portal (NCAP).

Notice is required within 10 working days of awarding a construction subcontract of more than $10,000 at any tier for construction work performed under a federal or federally assisted construction contract.

While there are affirmative action requirements that apply to federal contractors and subcontractors, there are also many state-specific affirmative action requirements that certain employers may be subject to, with criteria and thresholds that are different than what is required by Federal Law.

With each state having unique requirements and criteria impacting different types of employers, it can be especially challenging for multi-state employers to achieve compliance. ​​​

HR Works has developed a resource to help you navigate these complexities. Download our State AA Comparison Chart for a list of state-specific requirements.

  • 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.

California law requires private employers with 100 or more employees and/or workers hired through labor contracts, that have at least 1 CA employee, to report pay, demographic, and other workforce data to the Civil Rights Department (CRD) by the second Wednesday of May each year.

Companies meeting the following criteria are required to obtain an Equal Pay Registration Certificate:

  • Private employers with 100 or more employees in IL and are required to file EEO-1 with the EEOC.

HR Works has developed a collection of helpful compensation resources for HR Teams, including:

  • State Law Comparison Chart
  • How-To Guide for Conducting a Job Analysis
  • Managing Effective ​​​​​​Employee Compensation Systems Checklist
  • 10 Steps for Developing a Compensation Strategy

Learn More

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The OFCCP issued a compensation Directive (DIR) 2022-01 in 2022 requiring Federal Contractors and Subcontractors to conduct a compensation analysis as part of their annual Affirmative Action Program.

HR Works has developed a checklist to assist Affirmative Action Employers with meeting the requirements of this directive.

Download


HR Works’ Compliance Calendar for Affirmative Action Employers helps Federal contractors and subcontractors plan ahead for 2024 deadlines and other important considerations throughout the AAP plan year.


HR Works’ Affirmative Action Compliance Guide for Employers includes helpful tips, best practices, and resources for keeping your affirmative action program on track year-round.

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