Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis, Second Edition

Appendix Four - Office of Federal Contract Compliance Programs: Affirmative Action Programs57

Appendix Four Office of Federal Contract Compliance Programs Affirmative Action Programs57 41 CFR. 60 (2009) 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. . . . 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 Secs. 60-2.11 through 60-2.17. 367 368 APPENDIX FOUR Sec. 60-2.11 Organizational Profile (a) Purpose. An organizational profile is a depiction of the staffing pattern within an establishment. It is one method contractors use to determine whether barriers to equal employment opportunity exist in their organizations. The profile provides an overview of the workforce at the establishment that may assist in identifying organizational units where women or minorities are underrepresented or concentrated. The contractor must use either the organizational display or the workforce analysis as its organizational profile: (b) Organizational display. (1) An organizational display is a detailed graphical or tabular chart, text, spreadsheet or similar presentation of the contractor’s organizational structure. The organizational display must identify each organizational unit in the establishment, and show the relationship of each organizational unit to the other organizational units in the establishment. (2) An organizational unit is any component that is part of the contractor’s corporate structure. In a more traditional organization, an organizational unit might be a department, division, section, branch, group or similar component. In a less traditional organization, an organizational unit might be a project team, job family, or similar component. The term includes an umbrella unit (such as a department) that contains a number of subordinate units, and it separately includes each of the subordinate units (such as sections or branches). (3) For each organizational unit, the organizational display must indicate the following: (i) The name of the unit; (ii) The job title, gender, race, and ethnicity of the unit supervisor (if the unit has a supervisor); (iii) The total number of male and female incumbents; and (iv) the total number of male and female incumbents in each of the following groups: Blacks, Hispanics, Asians/Pacific Islanders, and American Indians/Alaskan Natives. (c) Workforce analysis. (1) A workforce analysis is a listing of each job title as appears in applicable collective bargaining agreements or payroll records ranked from the lowest paid to the highest paid within each department or other similar organizational unit including departmental or unit supervision. (2) If there are separate work units or lines of progression within a department , a separate list must be provided for each such work unit, or line, including unit supervisors. For lines of progression there must be indicated the order of jobs in the line through which an employee could move to the top of the line. (3) Where there are no formal progression lines or usual promotional sequences, job titles should be listed by department, job families , or disciplines, in order of wage rates or salary ranges. (4) For each job title, the total number of incumbents, the total number of male and female incumbents, and the total number of male and female incumbents in each of the following groups must be given: Blacks, Hispanics, Asians/Pacific 369 APPENDIX FOUR Islanders, and American Indians/Alaskan Natives. The wage rate or salary range for each job title must be given. All...