Affirmative Action laws & HR compliance analysis

Affirmative Action: What you need to know

The EEOC has announced that collection for 2021 EEO-1 Component 1 data is open as of April 12, 2022. The filing deadline is May 17, 2022. The agency posts updates and resource materials on its EEO-1 website.
The EEOC has also posted a fact sheet on EEO-1 Component 1 report types that gives an overview of the types of reports required and notes that the Type 6 Establishment List Report has been discontinued. All filers reporting data for establishments with fewer than 50 employees must submit a Type 8 report.
The EEOC has a dedicated website for the agency’s EEO data collection.
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An affirmative action program (AAP) is a management tool designed to ensure equal opportunity in recruiting, hiring, training, promoting, and compensating individuals.
A good AAP is a diagnostic tool that evaluates the composition of the workforce, compares that with the composition of the relevant labor pool, and then includes practical steps to address underrepresentation of specific groups.
An effective AAP includes internal auditing and reporting systems that measure the employer’s/contractor's progress toward achieving the workforce that would be expected in the absence of discrimination.
While any employer can implement an affirmative action (or equal opportunity) plan, these programs most often arise in the government contractor context, where such plans are required by law.
Affirmative action requirements can be imposed on an employer in a number of ways: by federal law (for federal government contractors and subcontractors); as part of a conciliation agreement with a state or federal agency; or by court order.
Employers that are not required to have an AAP may ...

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