Federal Contract Compliance Issues – Case Assignment

MGT 516 Legal Implications in Human Resource Management – Case Assignment

You are an HR Manager for a large sheet metal manufacturing company. One of your largest customers has just secured a major office furniture contract with the federal government. Your customer wants your company to become a subcontractor for the project, making all of the plastic parts required. There is uncertainty among your organization’s top officials about whether or not to become part of this project, even thought it would be very lucrative. The disagreement centers around the preparation of an affirmative action plan and the goal achievement requirements imposed to correct underutilization.

Your paper of 4 to 5 pages (not including title page nor reference page) should address the following questions:

  1. What are the EEO compliance requirements that impact a federal subcontractor?
  2. What are the important components of an affirmative action plan (expand on the goal-setting process)?
  3. How should affirmative action goals relate to an organization’s strategic human resources plan?
  4. What would you recommend to your organization’s top officials about becoming part of this project?

MGT 516 Case Assignment Sample Answer

Equal Employment Opportunity Compliance Requirements that Impact a Federal Subcontractor

Federal contractors and subcontractors are required to observe primary requirement of equal employment opportunity (EEO) of executive order 11246. This Executive order outlaws employment discrimination by federal subcontractors and contractors as well as federally-supported construction subcontractors. and contractors to obtain affirmative action to guarantee that all persons have equal employment opportunity without consideration to national origin, race, gender identity, color, sexual orientation, religion, and sex. Federal subcontractors should ensure that no employee or job applicant is treated differently in unfavorable manner due to any of the above named factors. The subcontractor should also not have neutral practice or policy with advance effect on members of any ethnic group, sex, or race or practice or policy is not  associated by business necessity or job related (U.S. Department of Labor OFCCP, n.d.c).

Read also Federal Equal Employment Opportunity Laws Reflection Paper

Other primary requirements for Federal contractors and subcontractors include filling a yearly EEO-1 report, keeping records, adding the tag line of EEO to employment advertising, posting Equal Employment Opportunity posters and allowing access of OFCCP to records and books during a compliance evaluation or complaint investigation. Posters of EEO should be posted in a visible place such as lunchroom or in an area where workers can take breaks. Federal subcontractors are also needed to not in all advertisementsor solicitations for employment which all competent applicants will receive employment consideration without regard to national origin, race,color, gender identity, religion, sexual orientation, sex or religion. Federal subcontractors are also needed to uphold any employment or personnel records kept or made by the contractor. Such records include personnel files, job descriptions, written employment procedures and policies, job advertisements and postings, tests results and test, job offers records, interview notes, and resumes and applications. This is all done to ensure that a subcontractor observes equal opportunity laws that prohibit any form of discrimination in all employment processes (Department of Labor OFCCP, n.d.a).  ]

Read also Federal Equal Employment Opportunity Laws

Equal Employment Opportunity also demands that a federal contractor should not discriminate the workers or job applicants based on their disabilities. Based on this requirement, Federal subcontractor should provide advancement and employment of qualified persons with disability. Based on this requirement, in case any person with disability has a reason to believe that any subcontractor has refused or failed to comply with the U.S. contract provisions, associating to employment of persons with disability, or any other form of discrimination addressed by Title VII of Civil Right Act the that person might file a complaints to the labor Department (U.S. Department of Labor OFCCP, n.d.c).

Important Components of an Affirmative Action Plan

Affirmative Action Plan (AAP) refers to a written program or a tool where in an employer records the steps to be taken or taken to guarantee the right of all individuals to advance on ability and merit basis without regard to genetic information, race, disability, color, religion, age, sex, veteran’s status, national origin among other factors that cannot be legal base for employment action. The Affirmative Action Plan contains a number of components that include policy statement, organizational chart, responsibilities designation, timetables and goals, grievance procedures, action statement and barriers or problems identification statement (National Conference of State Legislatures, 2014).

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Policy statement covers equal employment opportunity, nondiscrimination over individuals with disabilities, or sexual harassment. Responsibilities designation component involves documentation and identification of all persons which have a duty in the process of Affirmative Action. Barriers or problem identification statements component involves identification of conditions or situations that require to be changed or to be corrected. Barriers are management or personnel procedures or policies that cause the conditions or situation. Action statement component identifies the particular measure to solve barriers and problem.

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Goals refers to objectives that narrowly tailored for promoting and hiring safeguarded members of group in EEO classifications to correct the prolonged impact of past discrimination. Goals denote flexible targets utilized to guide efforts of affirmative action in the present plan cycle. Affirmative Action Plan goals are not rations and cannot be utilized to exclude or discriminate persons from job opportunities via reverse discrimination (Office of Information Technology Services, n.d.).

Recommendations to the Organization’s top Officials about becoming part of this project?

The analysis of the provided offer shows that taking the current subcontract will be very profitable to the organization. However, the organization has not been able to meet most of the requirements needed to enhance equal employment opportunities. This implies that for it to be able to work as a Federal subcontractor, it will need to improve on various aspects. The organization can opt to retain its status quo and reject the offer. However, this will deny the organization any future opportunity to work in highly profitable projects. I would therefore recommend the organization management to consider developing Affirmative Action Plan and adjusting the human resources processes planning and management to eliminate discrimination based on age, sex, disability, race, ethnicity, religion, original country, color, and sexuality among other things. The Affirmative action plan should also define the best mechanism to report and address cases of discrimination in the organization. This will not only eliminate chances of law suits against the organization, but will also provide the company with a better chance of getting more federal contracts even as contractors in the future. Having affirmative actions that meet all affirmative action goals will be of great benefit to the organization. It will also enable the organization to develop an improved work environment which is likely to improve workers production.

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