Employers generally implement formal affirmative action programs as a condition of doing business with the federal government, but an affirmative action program could also be required by a court as a remedy for discrimination or as a voluntary remedy for past patterns of discrimination.
Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.
If a government contract worth at least $50,000 is awarded to any business with more than 50 employees, then it must adhere to Affirmative Action requirements, which begin with the implementation of an Affirmative Action Plan.
Affirmative Action Plan Requirements Have 50 or more employees. Are within 120 days from the start of the federal contract. Have a federal contract or subcontract of at least $50,000. Have government bills of lading totaling at least $50,000 in any 12 months. Serve as a depository of federal funds in any amount.
Affirmative Action Plan Requirements Have 50 or more employees. Are within 120 days from the start of the federal contract. Have a federal contract or subcontract of at least $50,000.
§ 1608.4 Establishing affirmative action plans. An affirmative action plan or program under this section shall contain three elements: a reasonable self analysis; a reasonable basis for concluding action is appropriate; and reasonable action.
California is one of eight states that have banned the consideration of race in university admissions and public employment. The effects of affirmative action policies are contested.
You need an AAP if you have 50 or more employees and: You have a federal contract or subcontract of $50,000 or more. You provide products or services of $50,000 or more to a federal contractor or subcontractor that is required to have an AAP.
Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.