Q & A – Am I covered by Affirmative Action Laws and do I need a plan?

supreme-court-front.jpgQ. Am I covered by Affirmative Action laws and do I need a plan?

 

A. Executive Order 11246, covering race, gender, ethnicity and religion; Section 503 of the Rehabilitation Act of 1973, covering qualified individuals with disabilities; and the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) and the Jobs for Veterans Act (JVA), covering protected veterans primarily make up Affirmative Action law.

 

Affirmative Action requirements distinguish construction companies from companies providing goods and services to the federal government and impose different requirements. However, the requirements do not distinguish between direct federal contractors and subcontractors. Both are subject to the obligations below.

 

Executive Order 11246:

 

– Construction companies and companies providing goods and services are obligated to follow Executive Order 11246 if they have $10,000 or more of business directly with the federal government or as a subcontractor on a federal contract.

 

– Supply and service companies are required to have a written affirmative action plan if they have 50 or more employees, and have contracts totaling $50,000 or more directly with the federal government or as a subcontractor (or serve as a depository of federal government funds). Construction contractors are not required to have a written plan.

 

Section 503 of the Rehabilitation Act of 1973:

 

– Construction companies and companies providing goods and services are obligated to follow Section 503 if they have $10,000 or more of business directly with the federal government or as a subcontractor on a federal contract.

 

– Supply and service companies and construction companies are required to have a written plan if they have 50 or more employees, and have annual business of $50,000 or more directly with the federal government or as a subcontractor.

 

Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) and Jobs for Veterans Act (JVA):

 

– Construction companies and companies providing goods and services are obligated to follow VEVRAA if they have a contract of $25,000 or more with the federal government or as a subcontractor on a federal contract, and the contract is dated before December 1, 2003, and has not since been modified.

 

– Goods and service companies and construction companies are required to have a written plan if they have 50 or more employees, and have a contract of $50,000 or more directly with the federal government or as a subcontractor, and the contract is dated before December 1, 2003, and has not since been modified.

 

– Construction companies and companies providing goods and services are obligated to follow the JVA if they have a contract of $100,000 or more with the federal government or as a subcontractor on a federal contract, and the contract is dated or was modified after December 1, 2003.

 

– Goods and service companies and construction companies are required to have a written plan if they have 50 or more employees, and have a contract of $100,000 or more directly with the federal government or as a subcontractor, and the contract is dated or was modified after December 1, 2003. ​  ​