AFFIRMATIVE ACTION PLANS: Are You Ready or Are You at Risk?


Do you currently have a written affirmative action plan on file, and is it being maintained?

It is important for affirmative action employers to have a written affirmative action plan (AAP) and update their plans on an annual basis in order to demonstrate their efforts.

Affirmative Action employers are required to proactively verify with the OFCCP that they have written their required annual AAP(s). Those who don’t certify or who have not taken the appropriate steps to maintain compliance may have an increased probability of being audited. The OFCCP may also request that employers upload a copy of their plan(s) as part of this verification.

Are you prepared to respond if you are selected for an audit?

Each year the OFCCP conducts compliance reviews of AAPs, or audits, as part of their efforts to enforce affirmative action regulations. An affirmative action employer has 30 days to submit the requested materials to the OFCCP upon notice of a compliance review. When conducting a compliance review, the OFCCP may focus on specific areas such as compensation, recordkeeping, outreach, and other regulations.

In 2022, compliance evaluations completed by the OFCCP resulted in over $13 million in penalties from employment discrimination violations.

The risks of non-compliance include:

  • Debarment from future contracts
  • Loss of current contracts
  • Financial remedies
  • Additional data tracking and reporting requirements (conciliation)
  • Higher risk of discrimination lawsuits
  • Hiring or training mandates
  • Recruitment challenges
  • Employee relations issues
  • Negative publicity


With over 30 years of experience and nationally recognized attorneys on retainer, HR Works offers clients more than just an AAP, we offer peace of mind.

Our clients know that their AAP is audit-ready, 100% technically compliant, and backed by a team of consultants who will provide support throughout the audit process.

Have confidence in your compliance. Choose HR Works for your AAP needs.

We are here to help. Contact us today!