Per 41 CFR Part 60-2An affirmative action program must be developed and maintained by each service and supply federal contractor/sub-contractor. For the vast majority of contractors, affirmative action plans (AAP) are created and maintained for each establishment/location. However, for some multi-establishment contractors with business or “functional” units such as a Research and Development or a Sales Division function that are across establishments that are in different states or regions, an affirmative action program may be developed by these functional or business units. Functional affirmative action plans (FAAPs) allow the contractor to consider whether its personnel practices and affirmative action efforts are sufficient to ensure equal employment opportunity (EEO) for applicants and employees of a functional or business unit, rather than a particular establishment/location.
Applying for a Functional Affirmative Action Program
A contractor may apply by submitting their request in writing to the OFCCP National Director explaining why it believes that the use of a FAAP would be most appropriate. This explanation should also describe, in detail, how the proposed FAAP connects to the contractor’s specific organizational structure. The request must be submitted to the OFCCP National Director no less then 120 days before the current corporate headquarters AAP expires or during the 120 days from being awarded a federal contract if a first-time contractor.
How long does the application process take?
The process takes a few months, as OFCCP will need to evaluate the application materials submitted, perform background research, and request a meeting with company officials to discuss the application and the company profile.