Accessibility. A handicapped individual's ability to approach,
enter and use a contractor's facilities easily, particularly
such areas as personnel office, worksite, and public areas.
Adverse impact. A substantially different rate of selection
in hiring, promotion, transfer, training or in other employ-
ment decisions which works to the disadvantage of members of
a race, ethnic or sex group. If such rate is less than 80%
of the selection rate of the race, sex, or ethnic group with
the highest rate of selection, this will generally be regard-
ed as evidence of adverse impact. But see 41 CFR 60-3.4(D).
Compare to disparate treatment (section 1-60.32) and under-
utilization (section 1-60.103) which are not based on the 80%
rule. Adverse impact is more fully explained in 41 CFR 60-3.4.
Affected class. One or more employees, former employees, or
applicants who have been denied employment opportunities or
benefits because of discriminatory practices and/or policies
by the contractor, its employees, or agents. Evidence of
the existence of an affected class requires: (1) identifica-
tion of the discriminatory practices; (2) identification of
the effects of discrimination; and (3) identification of
those suffering from the effects of discrimination.
Affirmative action. Those results-oriented actions which a
contractor by virtue of its contracts must take to ensure
equal employment opportunity. Where appropriate, it includes
goals to correct underutilization, correction of problem
areas, etc. It may also include relief such as back pay,
retroactive seniority, make-up goals and timetables, etc.
See, also, 41 CFR 60-1.4(a)(1), 60-250.4(a) and 60–741.4(a).
See, in addition, 41 CFR 60-2.1, 60-2.2., 60-2.10, 60-2.11,
60-2.12, etc. and 60-4.2, 60-4.3, etc.
Affirmative action clauses. Clauses included in Federal
contracts and subcontracts detailing the affirmative action
requirements for disabled veterans, Vietnam era veterans and
handicapped workers. "Affirmative action for disabled veterans
and veterans of the Vietnam era" is included in all Federal
contracts and subcontracts of $10,000 or more. "Affirmative
action for handicapped workers" is included in all Federal
contracts and subcontracts in excess of $2,500. Refer to
"Equal Opportunity Clause" in 1-60.41.
Affirmative Action Program.
A written, results-oriented program, meeting the requirements of 41-CFR Part 60-2, 60250.5 and 60-741.5, in which a contractor details the steps it will take to ensure equal employment opportunity, including, where appropriate, remedying discrimination against an affected class, etc.
Aggregate workforce. For geographic areas designated by OFCCP under 41 CFR 60-4.6, the total workforce of a covered construction contractor. The term encompasses all of the contractor's workforce, including those performing on federally funded or assisted and all nonfederal projects within the designated geographical area.
American Indian or Alaskan Native. A person with origins in
any of the original peoples of North America and who maintains
cultural identification through tribal affiliation or community
recognition.
Annual goal. A yearly target expressed as both a number and a percentage, for placing minorities or females in a job group for which underutilization exists. It should normally be the maximum rate that can be achieved by making every good-faith effort.
Anti-nepotism policy. Policies or practices that limit the simultaneous employment by a contractor of two or more members of the same family.
Applicant for employment. A person who files a formal applica-
tion, or by some other means (resume, letter, request, etc.)
indicates a specific desire to be considered for employment.
An applicant log should record requests for employment made
in person whether or not an application form is completed.
Applicant flow data. A statistical compilation of employment
applicants showing the specific numbers of each racial, ethnic,
and sex group who applied for each job title (or group of job
titles requiring similar qualfications) during a specified
time period.
Apprentice. A worker who is employed to learn a skilled
trade in a structural program of on-the-job training and
related instruction.
Asian or Pacific Islander. A person with origins in any of the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Republic, and Samoa.
Availability. The percentage of minorities or women who have the skills required for entry into a specific group, or who are capable of acquiring them.
Back pay. Compensation for past economic losses (such as lost wages, fringe benefits, etc.) caused by a contractor's discriminatory employment practices, including, e.g., its failure to remedy the continuing effects of past practices. Refer to "front pay" in section 1-60.80.
Black, not of Hispanic origin. A person with origins in any of the black racial groups of Africa who is also not of Hispanic origin.
Bona fide occupational qualification (BFOO). Employment
in particular jobs may not be limited to persons of a
particular sex, religion, or national origin unless the
employer can show that sex, religion, or national origin
is an actual qualification of performing the job. But
refer to 2-250.2e.
Bump-back rights. Right of an employee to displace another in the event of a layoff or reduction in force.
Business necessity. Justification for an otherwise prohib-
ited employment practice based on a contractor's proof
that: (1) the otherwise prohibited employment practice is
essential for the safety and efficiency of the business, and
(2) no reasonable alternative with a lesser impact exists.
Career counseling. Discussion between a contractor and an
employee or group of employees to plan a course of training
and advancement for the employee or group.
Compliance. Adherence to the applicable equal opportunity
clause or affirmative action clauses. In establishing
methods for carrying out its obligations, the contractor
shall follow the requirements of the applicable regulations
of 41 CFR Chapter 60, and Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of 1973, as amended,
and/or Section 402 of the Vietnam Era Veterans Readjustment
Assistance Act of 1974.
Conciliation. Discussion between OFCCP and a contractor aimed at resolving findings of noncompliance.
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