L03 EEOC Guidelines for an AAP

EEOC guidelines state that plans must contain three broad categories: a reasonable self-analysis, a reasonable basis for the AAP, and reasonable actions. Let’s look into the details of these below.

A Reasonable Self-Analysis

A reasonable self-analysis requires that employers evaluate whether its employment practices do, or tend to, exclude, disadvantage, restrict, or result in adverse impact or disparate treatment of previously excluded or protected groups, or leave uncorrected the effects of prior discrimination, and if so, determine why? The analysis should include demographics of a region and by job categories.

A Reasonable Basis for Affirmative Action

A reasonable basis for affirmative action requires underutilization. The latter means when the percentage of women or persons of color in one or more of an employer’s job categories is smaller than the percentage of those with the necessary skills for that type of employment. An example is the prior discussion about percentages, by category and gender, of employees in a tire shop.

• The basis should include a comparison of the demographics of an existing workforce with those who have the requisite skills in a reasonable recruitment area. An example of limitations is the prior discussion about the percentages of physicians by race.
• If the self-analysis establishes that there is underutilization by protected class, actions undertaken must be reasonable. Goals are necessary and must be reasonably attainable through a good faith effort. Preferences based on protected class are not permissible. Nor are quotas.

Reasonable Actions

Blind adherence to quotas would provide the quickest path to correction. It would also risk reverse discrimination. Recommendations generally focus on expanding the recruitment pool to make opportunities known:

• In all communications, clearly state that that the organization is an equal opportunity employer.
• Use recruiting methods and sources likely to reach qualified, diverse applicants.
• Develop relationships with community development and advocacy organizations that can refer qualified, diverse applicants.
• Work with educational and training institutions.
• Establish or maintain facilities in communities with diverse populations.

AAPs must have a projected end and cannot embrace a rapid, overnight effort at correction of a situation that likely developed over decades.

We will study AAPs in greater depth in a subsequent lesson. The focus in Lesson 03 is pre-hire and recruitment activities: how a workforce comes together.  Next, let’s look at recruitment and employment of foreign nationals.