![]() ![]() Self-identification is the most reliable method and preferred method for compiling information about a person’s gender, race and ethnicity. OFCCP has not mandated a particular method of collecting the information. OFCCP regulations 41 CFR 60-1.12(c) indicate that for any personnel or employment record a contractor maintains, it must be able to identify the gender, race, and ethnicity of each employee and, where possible, the gender, race and ethnicity of each applicant. What is the correct procedure for a contractor to obtain the demographic information of its employees and applicants? You can also contact the nearest OFCCP District Office for additional information. Contractors can find a calendar of compliance assistance seminars. However, OFCCP conducts numerous compliance assistance seminars and other activities that include assistance on developing AAPs. Generally, OFCCP does not come out to contractor facilities. Will OFCCP come out to contractors’ facilities and assist them in the development of their AAPs? Information on how to contact your local OFCCP District Office is located on our website. Also, federal contractors may contact the local District Office to make a compliance assistance appointment and/or learn about the periodic seminars that these offices conduct which are designed to share compliance assistance information with contractors and keep them informed of the latest OFCCP developments. ![]() As part of its compliance assistance initiative OFCCP has posted a sample AAP on its website, which contractors should find helpful. However, OFCCP regulations 41 CFR 60-2, 41 CFR 60-300 and 41 CFR 60-741 outline the specific content requirement for AAPs under each program. OFCCP does not sell publications nor do the regulations require contractors to use any specific format in the development of their AAPs. OFCCP's FAQs specify that a contractor may not ask applicants or employees for documentation to prove their gender identity or transgender status.ĭoes the government provide or sell publications that explain how to create an Affirmative Action Program? However, the contractor may exclude that individual's data from the gender-based analyses required by OFCCP's regulations. If an employee or applicant chooses to self-identify as non-binary, or as a gender other than male or female, the contractor must still include the individual in its AAP submission. ![]() OFCCP has not mandated a particular method for a contractor to obtain information about a person's gender. Those contractors that must develop and maintain Affirmative Action Programs under Executive Order 11246 are required to invite all applicants and employees to voluntarily self-identify their gender (as well as their race and ethnicity). How should contractors handle counting employees and/or applicants who identify as a gender other than male or female such as Gender X as is recognized in California? OFCCP’s policy is that deference should be given to an individual’s self-identification and it should not be questioned or overridden by an employer based on the employer’s visual observation. May an employer override an individual’s self-identification of race, gender or ethnicity based on the employer’s visual observation?
0 Comments
Leave a Reply. |