Affirmative Action Law
Laws Enforced by OFCCP
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the affirmative action provisions (Section 4212) of the Vietnam Era Veterans' Readjustment Assistance Act. These laws 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 veteran.
Affirmative Action Plans
Campuses are required, under Executive Order 11246 and CSU policy, to develop and implement a written affirmative action program (AAP) for women and minorities. The regulations define an AAP as a set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort. The AAP is developed by the contractor to assist the contractor in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review.
Utilization, Availability and Goals
The AAP identifies those areas, if any, in the contractor's workforce that reflect under utilization of women and minorities. The AAP compares the utilization of women and minorities in the contractor's workforce with the availability of women and minorities having requisite skills in an area in which the contractor can reasonably recruit.
Based on this comparison, the contractor establishes goals to reduce or overcome any gap between utilization and availability. Good faith efforts may include expanded efforts in outreach, recruitment, training and other activities to increase the pool of qualified minorities and females. The actual selection decision is to be made on a non-discriminatory basis.
Set Asides, Proportional Representation, Quotas and Preferential Hiring Prohibited
The goals are established based on the availability of qualified applicants in the job market or qualified candidates in the employer's work force. Executive Order goals do not create set-asides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. The Executive Order and its supporting regulations do not authorize OFCCP to penalize contractors for not meeting goals. The regulations at 41 CFR 60-2.16(e)(1)-(4) specifically prohibit quota and preferential hiring and promotions under the guise of affirmative action goals. In other words, discrimination in the selection decision is prohibited.
California Constitution, Article I, Section 31 (a) (Proposition 209 (1996))
This California law states:
"The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."
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