1E02 Missing AAP Elements

Actions that must be taken when an AAP is missing or inadequate under the legal authorities enforced by OFCCP are discussed in this subsection. First is the discussion of the Executive Order AAP, followed by AAPs under Section 503 and VEVRAA.

a. Executive Order AAP. If one or more of the below listed Executive Order AAP elements is missing, Investigators must automatically consider the submission unacceptable.

  • Organizational Profile (workforce analysis or organizational display);
  • Job group analysis, including a list of the job titles that compose each job group;
  • The percentage of minorities and the percentage of women employed in each job group;
  • Utilization analysis, including its component parts of job group formation, availability estimates and, as appropriate, identification of underutilization;
  • Comparison of incumbency to availability;
  • Placement goals at least equal to the availability figure derived for women or minorities, as appropriate for job groups where the number of minorities or women employed is less than would be reasonably expected, given their availability;
  • Designation of a responsible official;
  • Identification of problem areas;
  • Action-oriented programs designed to correct any problem areas; or
  • Internal audit and reporting system.

An Investigator must contact the contractor and request that it immediately provide the information. The Investigator should also provide the contractor with compliance assistance, if needed. If the contractor does not comply, the Investigator must recommend the issuance of a SCN.

b. Section 503 AAP and Utilization Goal. If one or more of the below listed Section 503 AAP and utilization goal elements is missing, Investigators must automatically consider the submission unacceptable.

  • Equal employment opportunity policy statement;
  • Review of personnel processes to ensure careful, thorough and systematic consideration of individuals with disabilities for job vacancies, promotion and training opportunities;
  • Schedule for the periodic assessment of physical and mental job qualifications, to the extent they screen out individuals with disabilities, to ensure they are job-related and consistent with business necessity;
  • Reasonable accommodation to physical and mental limitations, including copies of any reasonable accommodation policies, and documentation of any accommodation requests received and their resolution and this information for the first six months of the current AAP year, if applicable;
  • Procedures to ensure that employees are not harassed on the basis of disability;
  • External dissemination of the contractor’s EEO policy;
  • Description of outreach and positive recruitment efforts, and annual assessment from the evaluation of the effectiveness of those efforts;
  • Internal dissemination of the contractor’s EEO policy;
  • Description of the contractor’s audit and reporting system, including documentation of all actions taken to comply with the audit and reporting system requirements;
  • Designation of responsible official;
  • Policy to train all personnel involved in the recruitment, screening, selection, promotion, disciplinary and related processes to ensure that the commitments in the contractor’s AAP are implemented;
  • Data collection on applicants and hires, including documentation of the computations or comparisons of applicant and hire data;
  • Analysis of contractor’s utilization of individuals with disabilities;
  • Identification of problem areas; or
  • Action-oriented programs designed to correct any problem areas.

An Investigator must contact the contractor and request that it immediately provides the missing information. The Investigator may provide the contractor with compliance assistance, if needed. If the contractor does not comply, the Investigator must recommend the issuance of a SCN.

c. VEVRAA AAP and Hiring Benchmark. If one or more of the below listed VEVRAA AAP and hiring benchmark elements is missing, Investigators must automatically consider the submission unacceptable.

  • Equal employment opportunity policy statement;
  • Review of personnel processes to ensure careful, thorough and systematic consideration of protected veterans for job vacancies, promotion and training opportunities;
  • Schedule for the periodic review of physical and mental job qualifications to ensure they are job-related and consistent with business necessity;
  • Reasonable accommodation to physical and mental limitations;
  • Procedures to ensure that employees are not harassed because of their status as a protected veteran;
  • External dissemination of the contractor’s EEO policy;
  • Description of outreach and positive recruitment efforts, and results from the evaluation of the effectiveness of those efforts;
  • Internal dissemination of the contractor’s EEO policy;
  • Description of the contractor’s audit and reporting system, including documentation of all actions taken to comply with the audit and reporting system requirements;
  • Designation of responsible official;
  • Policy to train all personnel involved in the recruitment, screening, selection, promotion, disciplinary and related processes to ensure that the commitments in the contractor’s AAP are implemented;
  • Data collection on applicants and hires, including documentation of the computations or comparisons of applicant and hire data; or
  • Documentation of the annual hiring benchmark established by the contractor.

An Investigator must contact the contractor to request that the contractor provide any missing elements immediately. The Investigator should provide the contractor with compliance assistance, if needed. If the contractor does not comply, the Investigator must recommend issuance of a SCN.