[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-2.10]

[Page 114]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-2_AFFIRMATIVE ACTION PROGRAMS--Table of Contents
 
      Subpart B_Purpose and Contents of Affirmative Action Programs
 
Sec. 60-2.10  General purpose and contents of affirmative action programs.


    (a) Purpose. (1) An affirmative action program is a management tool 
designed to ensure equal employment opportunity. A central premise 
underlying affirmative action is that, absent discrimination, over time 
a contractor's workforce, generally, will reflect the gender, racial and 
ethnic profile of the labor pools from which the contractor recruits and 
selects. Affirmative action programs contain a diagnostic component 
which includes a number of quantitative analyses designed to evaluate 
the composition of the workforce of the contractor and compare it to the 
composition of the relevant labor pools. Affirmative action programs 
also include action-oriented programs. If women and minorities are not 
being employed at a rate to be expected given their availability in the 
relevant labor pool, the contractor's affirmative action program 
includes specific practical steps designed to address this 
underutilization. Effective affirmative action programs also include 
internal auditing and reporting systems as a means of measuring the 
contractor's progress toward achieving the workforce that would be 
expected in the absence of discrimination.
    (2) An affirmative action program also ensures equal employment 
opportunity by institutionalizing the contractor's commitment to 
equality in every aspect of the employment process. Therefore, as part 
of its affirmative action program, a contractor monitors and examines 
its employment decisions and compensation systems to evaluate the impact 
of those systems on women and minorities.
    (3) An affirmative action program is, thus, more than a paperwork 
exercise. An affirmative action program includes those policies, 
practices, and procedures that the contractor implements to ensure that 
all qualified applicants and employees are receiving an equal 
opportunity for recruitment, selection, advancement, and every other 
term and privilege associated with employment. Affirmative action, 
ideally, is a part of the way the contractor regularly conducts its 
business. OFCCP has found that when an affirmative action program is 
approached from this perspective, as a powerful management tool, there 
is a positive correlation between the presence of affirmative action and 
the absence of discrimination.
    (b) Contents of affirmative action programs. (1) An affirmative 
action program must include the following quantitative analyses:
    (i) Organizational profile--Sec. 60-2.11;
    (ii) Job group analysis--Sec. 60-2.12;
    (iii) Placement of incumbents in job groups--Sec. 60-2.13;
    (iv) Determining availability--Sec. 60-2.14;
    (v) Comparing incumbency to availability--Sec. 60-2.15; and
    (vi) Placement goals--Sec. 60-2.16.
    (2) In addition, an affirmative action program must include the 
following components specified in the Sec. 60-2.17 of this part:
    (i) Designation of responsibility for implementation;
    (ii) Identification of problem areas;
    (iii) Action-oriented programs; and
    (iv) Periodic internal audits.
    (c) Documentation. Contractors must maintain and make available to 
OFCCP documentation of their compliance with Sec. Sec. 60-2.11 through 
60-2.17.

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