Personnel records. Federal contractors are required to retain all personnel or employment records created or maintained by the contractor. Examples of records that must be kept include: Department of Labor regulations prohibit discrimination in employment practices such as recruitment, rates of pay, promotion, termination, promotion, promotion, and selection for training. Employers may not discriminate on the basis of race, colour, religion, sex, sexual orientation, gender identity or national origin in recruitment or promotion activities, employment opportunities, wages, hours of work, job classifications, seniority or benefits such as employer contributions to occupational pension or insurance plans. In addition, contractors are prohibited from taking adverse action against employees or candidates who request, discuss or disclose their salary or that of their employees. The regulations contain additional requirements, which are summarized below. „Disseminate the Contractor`s Equal Employment Opportunity Policy externally by including it in all advertising in the news media, including, but not limited to, minority and women`s media, and notify and discuss in writing the Contractor`s Equal Employment Opportunity Policy with other contractors and subcontractors with whom the Contractor conducts or plans to do business.“ As a federal contractor using E-Verify, your company must comply with the specific terms of the federal contract of the E-Verify Letter of Intent. The Letter of Intent can be found under www.E-Verify.gov. „Establishment of on-the-job training opportunities and/or participation in training programmes for the sector explicitly involving minorities and women, including further training programmes and training and training programmes tailored to the employment needs of the entrepreneur, especially those funded or approved by the Ministry of Labour. The Contractor shall communicate these programmes to the sources compiled in accordance with point 7b above. Whether certain subsidiaries and associated companies are part of the legal client depends on the specific facts of the case. Contact your legal advisor if you have any further questions. A federal treaty triggering these obligations is likely to include an equal employment opportunity clause, a notice requiring affirmative action, and an equal employment opportunity contract specification. However, this is not always clear, and often contractors are not aware of these legal obligations until it is too late and a review has been undertaken by the government.
Even contractors who are aware of these obligations are sometimes surprised by the special obligations associated with entering into a federal construction contract. For example, companies with multiple facilities require an affirmative action program („EAP“) for each physical location with 50 or more employees, even if only one site has a federal contract. So if a company has a federal contract, it must fulfill those obligations company-wide. All businesses registered with E-Verify must comply with the terms of the current E-Verify Letter of Intent, which includes federally specific terms and conditions for contractors that the federal contractor`s corporate clients and their E-Verify employer representatives must meet. Depending on when you signed up for E-Verify, your original letter of intent may not contain these terms. Therefore, you should review the current Letter of Intent to ensure that your company complies with the specific terms of the federal contract of the current E-Verify Letter of Intent. Most federal contractors with the FAR E-Verify clause choose from the following two options: Federal contractors with the FAR E-Verify clause may also choose to audit all of their personnel, including all existing employees of the company, whether or not they are assigned to a federal contract, unless those employees are exempt from performance by E-Verify. For more information on exempt employees, see section 3.3. „Document and maintain records of all subcontracting offers by minority and women-owned contractors and suppliers, including the distribution of bids to minority and women`s business associations and other professional associations.“ Within 30 calendar days of the employee`s assignment to a contract, whichever is later. Example: A municipal government has a federal treaty that contains the FARE Verify clause. After the implementation date of the E-Verify federal contractor rule, she hired Doris to work on a contract that included the FAR E-Verify clause and hired Frank to work on a project that is not part of a federal contract.
The city government only needs to review new and existing employees assigned to qualified federal contracts. Therefore, the city council must use E-Verify to verify Doris, but is not required to verify Frank. The City is not required to screen other employees who do not work under the federal contract, but may choose to screen all staff (with the exception of employees who are exempt). IMPORTANT: If your federal contract does not include an E-Verify FAR clause, you are prohibited from using E-Verify for current employees working under the contract. Mergers and acquisitions are complicated processes. Employers may have difficulty determining whether employees acquired through a merger or acquisition continue their employment or are considered new employees for the purposes of Form I-9. For this reason, the U.S. Department of Homeland Security (DHS) strongly recommends that any company facing this issue contact their legal counsel.
For all records that contractors keep, they must be able to identify the gender, race and ethnicity of each employee and, if possible, the gender, race and ethnicity of each Internet candidate, as applicable to the position to be filled. „Immediate written notification to the Director if the trade union or unions with which the contractor has concluded a collective agreement have not expelled a person or woman belonging to a minority seconded by the contractor to the contractor or if the contractor has other information that the union dismissal procedure has hindered the contractor`s efforts to fulfil its obligations.“ Affirmative Action Programme. Federal suppliers and subcontractors who employ 50 or more people and have a contract of $50,000 or more (or who have government bills of lading totalling $50,000 or more over a 12-month period or reasonably expected; or who serve as a custodian of government funds of any amount; or that is a financial institution that is an issuing and paying agent for U.S. Savings Bonds and Savings Bonds in B. any amount) must develop and update annually a written Funding Action Program (AAP) for each of their institutions. OFCCP has made available a model affirmative action program (PDF). Affected contractors and subcontractors are not required to prepare a written E.O. 11246 PAA. However, they must keep a record of the steps they have taken to meet the contract specifications (the 16 steps). Prime contractors are not responsible for inspecting individual employees of their subcontractors.
Covered contractors and subcontractors are also not allowed to rely on state „protective laws“ to deny employment to qualified female candidates. These „protective laws“ include those that prohibit women from engaging in certain types of occupations, working more than a certain number of hours, or lifting more than one weight. The E-Verify rule on federal contractors requires some federal contractors to require their subcontractors to use E-Verify if: Only the legal entity (the company) that signs the contract is considered a federal contractor with the E-Verify clause and is bound by the E-Verify obligation. If you choose to audit all of your personnel, not just employees assigned to a qualified federal contract, you must: Executive Order 11246 and its implementing regulations apply only to specific state or local government entities involved in work on or under a federal contract or subcontract. This coverage is more limited than that applicable to private sector employers. It is important to note that affirmative action goes beyond equal employment opportunity and requires targeted outreach to facilitate the recruitment, recruitment, retention and promotion of employees from diverse backgrounds. While federal contractors and subcontractors (and federal agencies) are required to take positive action, some employers voluntarily adopt affirmative action plans to create a more balanced workforce. Your company can voluntarily sign up for E-Verify at any time, but you can`t create a case for existing employees unless you have a federal contract that includes the FAR E-Verify clause and you`re registered with E-Verify as a „federal contractor with the FAR E-Verify clause.“ In the future, if your company receives a federal contract that includes the FAR E-Verify clause, you will need to register as a „Federal Contractor with the FAR E-Verify Clause“ and use E-Verify at that time. Note that affected contractors may be required to submit AAPs and other employment records to OFCCP if they are selected for a compliance assessment or based on a grievance investigation. Building relationships with local and state human resource development and disability development service providers, such as federal vocational rehabilitation agencies, U.S. employment centers, independent living centers (ILCs), and other community organizations, can be beneficial for federal contractors who want to proactively recruit people with disabilities and veterans to reach their Objectives of Section 503 and VEVRAA. These service providers can connect federal contractors directly with job seekers with disabilities or provide access to candidate databases.