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Title VII the, Age Discrimination in Employment Act, ND Americans with Disabilities Act t do not require any form of affirmative action plan. The United States contractors and companies that hold government contracts with federal, state, and local governments are need to comply with Executive order 11246. The contract needs to exceed $50,000 and the company’s number of employees must exceed 50 employees for them to have an affirmative action plan. Executive order 1 1 246 states that “The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
The annotator will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship,” (Dawn D. Bennett-Alexander, Laura P. Hartman, 2007, p. 180).
Included in their contract the government requires an agreement of he employer to avoid discrimination, also to put to action an affirmative action plan when it is needed. The reason for the agreement is the government does not want to do business with people who discriminate against employees. Voluntary affirmative action is when the employer decides to make their own affirmative action plan. It may not be required for them to implement the plan; it is done to avoid discrimination and any violations that could lead to a lawsuit.
A company cannot just start up a plan there’s a process that they need to take to do this planning, but is completely on a volunteer basis. The executive order 1 1 246 contractors agree to avoid discriminating in their hiring, promotion terminating of employees because off their color, gender, race, nationality, and religious beliefs. If the company does not have any women in their employment or the amount of women employees is under represented, the company agrees to take Steps in level Of the amount needed. If the company does not fix the problem the can be disbarred from participating with government contracts.
The company will post in public places, where all employees and applicants can read, notices of provisions of non-discrimination clauses. Employers looking for employees should include in their advertisements that all qualified applicants will be considered for the job with no discrimination to race, color, gender, religion, and national origin. The company will record information and reports required and furnish them to the Secretary of Labor. A company developing affirmative action plans have to develop them in accord to the rules set by Code of Federal regulations.
The plan is a management tool to monitor and examine company decisions and compensations to ensure the company is free of discrimination. The employer need to prepare an organization profile, o see if there are barriers in the workplace to make certain it is free of discrimination. Another step is a job group analysis to look at job title, workplace, wage rates, and opportunities currently in the company. The organization takes information from the analysis and combines job titles that do similar things, wage rates, and opportunities.
It also looks at percentage of women and minorities employed in every job group and availability for these job groups. With the availability a benchmark can be established and compared with a demographic composition to determine if there are barriers to equal employment in all job groups. Placement goal is important for the company to place women and minorities available in the area in which the company is located. The employers also need to develop an internal auditing system for the periodic checking of the effectiveness of the affirmative action plan.
Internal reporting is important on a regular basis to examine equal employment opportunities and the organizational objectives that are achieved. A corporate management compliance evaluation is a regulation to determine if the employees are facing any artificial barriers in advancing upper corporate management. The office that enforces and regulates annotators is the Office Of Federal Contract Compliance program (OFFICE) part of the United States Department of Labor. The OFFICE only enforces the company’s participating in federal government contracts.
OFFICE has no provisions for private lawsuits by employees. The employee needs to go through the state that they work, and look at the states fair employment practice law. A complaining party can file a complaint with the OFFICE for an investigation by the Secretary of Labor. The employee can sue the secretary to “compel performance of executive Order requirements,” (Dawn D. Bennett- Alexander, Laura p. Hartman, 2007, p. 88). If an employer does not meet non-compliance plan and its goals there is a number of penalties that it could face.
The contractor could face its name being published as a nonconforming contractor. Proceedings can begin under Title VII either by the EEOC or the Department Of Justice. The attorney general could begin suit to enforce executive order when the employer has violations. Criminal proceedings can be filed by the Department of Justice if the company provided false information to the Secretary of Labor or a contracting agency. A contract can be suspended or canceled for failure to comply with the provisions. A company can also become debarred from participating further from government contracts.