Affirmative Action The U.S. government first required affirmative action in 1965 as a way to remedy past discrimination against minorities, women, and others protected by law against discrimination. Affirmative action means that a company must take steps to increase the participation of protected groups in its workforce. Audit your affirmative action policies and practices with the Employment Practices Self-Audit Workbook For a limited time, receive a FREE HR report, HR's Guide to Workers' Comp. This comprehensive report includes workers' comp basics, a lexicon of helpful terms, a workers' comp checklist to help you manage the process, and information about your employees' role in workplace safety. Sometimes a company voluntarily develops an affirmative action plan (AAP) as a blueprint for hiring employees from protected groups. AAPs often have many of the same goals as diversity programs, but the two programs are not the same. Diversity programs are typically voluntary and are more comprehensive than AAPs. Both types of plans help achieve workplace diversity and include specific steps on recruiting and hiring. With both programs, however, companies can't make employment decisions based on race, sex, or other protected characteristic or condition. Some companies that are required by law to establish written AAPs include those that fit into at least one of the following categories: A nonconstruction employer with at least 50 employees and U.S. government contracts or subcontracts worth at least $50,000. If you have at least 50 employees and several small government contracts that add up to $50,000, you're covered. If you're a branch office of a bigger company with the required number of employees and contracts, you're covered even though your office doesn't handle the contracts or have 50 employees. (Note: construction employers have separate affirmative action obligations set by the federal government. Check with employment counsel for more information.) A depository of any amount of government funds. An issuing and paying agent of U.S. government bonds. An employer required by a judge to create a written AAP as part of a court judgement against it. An employer that has agreed, with court approval, to implement a written AAP as part of a consent decree to settle a discrimination lawsuit. Your company also may have additional, separate affirmative action obligations set by state and local governments, so check with employment counsel to meet your local requirements. State-by-state comparision of 50 Employment Laws in 50 States, including affirmative action Drug-Free Workplace Act The federal Drug-Free Workplace Act applies to federal contractors whose organizations have contracts of $100,000 or more, is not for acquisition of commercial goods, and is performed in the U.S. It also applies to all organizations that are federal grantees and all individuals who receive a contract or grant from the federal government. The Drug-Free Workplace Act does not apply to subcontractors or subgrantees. Affected employers must certify that they will provide a drug-free workplace. The law doesn't require alcohol or drug testing, but testing is implicitly authorized as a means to maintain a drug-free workplace. Conduct an audit of your company's drug testing policies and procedures with the Employment Practices Self-Audit Workbook For a limited time, receive a FREE HR report, HR's Guide to Workers' Comp. This comprehensive report includes workers' comp basics, a lexicon of helpful terms, a workers' comp checklist to help you manage the process, and information about your employees' role in workplace safety. Penalties for employer who don't comply with the Drug-Free Workplace Act According to the U.S. Department of Labor (DOL), if a covered employer does not comply with the requirements of the Drug-Free Workplace Act it can suffer stiff penalties including suspension of payments for the contract or grant, termination or suspension of the contract or grant, and violators may be prohibited from receiving another contract or grant for a specified period. Employers whose companies fall under this category must have a policy prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace and specifying what actions will be taken in the event of violations. If an employee is convicted of a drug crime that occurred in the employer's workplace, the employer must take certain actions against the employee and notify the contracting or granting government agency. Failure to comply with these provisions or any of the Druf Free Workplace Act's other requirements can result in serious consequences. If a contractor violates the above-stated requirements, its contract may be suspended or even terminated. Additionally, if enough of a contractor's employees have been convicted of criminal drug offenses for conduct occurring in the workplace, a federal agency can conclude that the contractor has failed to make a good-faith effort to provide a drug-free workplace and the same serious consequences of contract suspension or termination may follow. To determine is a particular organization is subject to the Drug Free Workplace Act, the DOL has developed a Drug Free Workplace Advisor Tool that walks users through a series of questions to help them determine if they are subject to the law and what the requirements and penalties are. Basic Training for Supervisors, easy-to-read guides for managers on employment law, including a guide on substance abuse State drug-free workplace laws Many states also laws regarding creating a drug- and alcohol-free workplace. These laws may have additional requirements and penalties beyond the federal law. Employers should check their state laws to ensure they are in compliance as well. State by state comparison of 50 laws in 50 states, including workplace drug testing Home > Management > Law > Executive Order Mandates E-Verify System Executive Order Mandates E-Verify System Jul 1, 2008 Robert P. Mader | Contractor EMAIL inShare On June 6, President Bush issued an amendment to Executive Order 12989 requiring federal contractors and subcontractors to use the Department of Homeland Security's previously unreliable E-Verify system to check whether their employees are eligible for lawful employment in the U.S. Within a week after the EO amendment, the Federal Acquisition Regulatory Council issued proposed regulations laying out the full details of the amended EO requirements. Washington On June 6, President Bush issued an amendment to Executive Order 12989 requiring federal contractors and subcontractors to use the Department of Homeland Security's previously unreliable E-Verify system to check whether their employees are eligible for lawful employment in the U.S. Within a week after the EO amendment, the Federal Acquisition Regulatory Council issued proposed regulations laying out the full details of the amended EO requirements. Comments on the FAR proposed regulations are due by August 11. All federal contractors on construction contracts worth more than $3,000 will be required to use the electronic verification system to confirm the employment eligibility and work authorization of their workforce. Prime contractors will also have to require by contract that all subcontractors performing work under contracts adhere to the E-Verify requirement. It's anticipated that the final rules will be in place by the end of this year. E-Verify is an Internet-based system operated by the U.S. Citizenship and Immigration Service, a part of the Department of Homeland Security, and is used in conjunction with the Social Security Administration to verify employment eligibility in the U.S. The problem for contractors is that the Social Security database has been unreliable. Jessica Johnson Bennett, director of government relations for the Plumbing-Heating Cooling Contractors - National Association, has noted that her name came up as a \"no-match\" in Social Security records when she tried to renew her drivers license. The rule to amend the FAR would require all federal contracting officers to include in covered contracts language requiring the contractor to use E-Verify to verify the employment authorization of employees \"assigned to the contract,\" as well as all new hires. Compliance with the E-Verify rules will be a performance element of contracts that contain the requirement. The contractor would be required to enroll in the E-Verify program within 30 days of the date a contract is awarded, and within 30 days of that date use E-Verify to verify the employment authorization of all employees \"assigned to the contract.\" If the contractor is already enrolled in E-Verify, it must use E-Verify for these employees assigned to the contract within 30 days. The contractor will have to use E-Verify for all new hires within three days of the date of hire for all new employees hired after the contract is awarded as well as for all existing employees who later are \"assigned\" to the contract. The proposed rules leave contractor associations with many questions. For example, Mechanical Contractors Association of America will ask if the rules will cover change orders on contracts in place before the rules go into effect, and will the cost of compliance be allowed as part of a contractor's costs for the change order, noted MCAA General Counsel John McNerny. MCAA will also ask about potential pitfalls, such as what happens if the flow-down language requiring subcontractors to comply with the rule is not written in a contract? If a contractor violates discrimination rules for an employee who gets a Notice to Employee of Tentative Non-confirmation from Social Security, can the contractor be debarred for that? If the rule applies to employees \"assigned to the contract,\" what does that really mean? Does it apply to employees working on the contract off-site? Associated General Contractors of America said it wants to know if a material supplier or a vendor of commercial items is considered a contractor. What are the procedures and deadlines for employers and employees to correct mistakes that are the fault of the E-Verify system? How should employers deal with individuals who can satisfy the existing rules and standards in the Immigration and Nationality Act, but not the E-Verify system? Should federal contractors anticipate debarment for even honest mistakes made in ignorance of technical requirements? More information on the E-Verify program is available on the DHS website at www.dhs.gov/E-Verify. Comments on the proposed FAR regulations are due by August 11. The proposed regulations may be accessed at www.regulations.gov. Contractors submitting comments to the FAR should reference FAR Case 2007-13. Comments may be mailed to Attention Laurieann Duarte, General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4035, Washington, DC 20405. OFCCP Mission The purpose of the Office of Federal Contract Compliance Programs is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government. 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Find Your Local Office: Attend a local seminar or workshop Freedom of Information Act (FOIA) Featured Initiatives Latest Events & News OFCCP Collaborates with EEOC to Collect Summary Compensation Data OFCCP Launches the Class Member Locator Website OFCCP's Final Rule Promoting Pay Transparency EO 11246: Sexual Orientation and Gender Identity Discrimination Updates OFCCP Extends the Comment Period for the Sex Discrimination NPRM to April 14, 2015 OFCCP Proposes Rule to Collect Summary Compensation Data from Contractors OFCCP issues a Directive on Gender Identity and Sex Discrimination Section 503 and VEVRAA Updates OFCCP Sues Convergys for Refusing to Comply with Investigation of Employment Practices OFCCP Sues AmeriQual Group, LLC for Discrimination Aramark Educational Services LLC Settles Gender and Race Discrimination Case with DOL G&K Services Company Settles Pay and Hiring Discrimination Case with DOL Hospira Inc. 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