Affirmative Action Forms

Affirmative Action Forms



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Below is information about the forms that employers must submit based on contract amounts and number of employees.
EEO-1 Form:
This form is required for private employers with 100 or more employees and government contractors with 50 or more employees and a federal contract of at least $50,000. This form must be filed annually.

VETS-100 Form
This form must be filed annually by employers with a federal contract or subcontract of at least $25,000 (for contracts awarded before Dec. 1, 2003).

On this form, employers must list all employees who are special disabled, Vietnam veterans or other protected veterans who served on active duty during a war in a campaign or during an expedition.
Employers must keep copies of this report for two years.


VETS-100A Form
This form must be filed annually by all employers with a federal contract or subcontract of $100,000 or more for contracts awarded or modified on or after Dec. 1, 2003.

On this form, employers must list all employees who are disabled veterans, other protected veterans and Armed Forces service medal veterans who served on active duty and participated in a United States military operation and were awarded a service medal.

Employers must keep copies of this report for one year.

Both the VETS-100 and VETS-100A forms must include all employees hired within the previous 12 months. They should also outline the total number of these employees who worked in each job category at each location during the reporting period.

Both of these forms must be submitted if the company has a current federal contract or subcontract of $25,000 or more entered into before Dec. 1, 2003, AND a current federal contract or subcontract of $100,000 or more that was entered into or modified on or after Dec. 1, 2003.

Notice Requirements
Employers with government contracts must post equal opportunity and affirmative action obligation posters to inform their employees of their rights in prominent locations.

Federal contractors who are subject to affirmative action requirements must include an equal opportunity clause in their government contracts, subcontracts and purchase orders.
You can find these posters at www.eeoc.gov/employers/poster.cfm.

Recordkeeping Requirements
Employers are required to maintain personnel and employment records. Examples of records that must be maintained include job descriptions, job postings and advertisements, records of job offers, applications and resumes, interview notes, tests and test results, written employment policies and procedures, and personnel files.

In general, personnel records must be kept for at least two years from the date the record was created or from the last date of personnel action (whichever comes later). However, contractors with fewer than 150 employees or a contract of less than $150,000 are only required to keep these records for up to one year.

Job Postings
Employers are required to state in all solicitations or advertisements for employment that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or veteran status.

Prohibition on Retaliation
Federal law prohibits employers from harassing, intimidating, threatening, coercing, punishing or discriminating against any individual for filing a complaint, assisting or participating in an investigation or compliance evaluation, opposing unlawful employer practices or exercising any right protected by the laws enforced by the OFCCP.


The term “affirmative action” refers to public and private initiatives to improve development opportunities for women, minorities and other protected classes. In the employment sector, these efforts seek to increase employment opportunities for women, minorities, veterans, the disabled and any other protected classes of employees. The goal is for all individuals to have an equal opportunity for employment, regardless of race, color, religion, sex, national origin, disability or veteran status.

Equal employment opportunities for federal contractors are required by the following three laws: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). These laws are administered and enforced by the Office of Federal Contract Compliance Programs (OFCCP).

Many companies are required by law to have an Affirmative Action Plan in place.
As required by the OFCCP, many companies must have an Affirmative Action Plan (AAP) in place. This plan should contain an analysis of all protected classes of employees at the organization and compare protected class statistics to an employer’s entire population to discover any barriers to equal employment opportunity. The plan should also include actions to remedy these barriers. For more information on affirmative action and your obligations as an employer, visit www.dol.gov/dol/topic/hiring/affirmativeact.htm.



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