FAQs

Choosing an Approach

• Can I handle plan preparation in-house?
• Can an acceptable affirmative action plan be produced from a pre-packaged form?
• Should I use a pre-packaged software program to prepare my affirmative action plan?

Can I handle plan preparation in-house?

In making this decision, you should consider your in-house expertise, the demands on staff time and resources, and the advantages of retaining a specialist. Most human resources professionals are familiar with affirmative action plans, and they may have prior experience in plan preparation. On the other hand, they typically do not have the same legal or statistical training or the same depth of experience that an outside organization can offer. In-house personnel also face challenges in keeping abreast of changing legal requirements. Smaller organizations may lack the necessary in-house skills. If they have a qualified individual, that person may have competing responsibilities that preclude sufficient attention to the plan. Even businesses with large human resources departments may find that an experienced consultant can produce a superior product in a more efficient manner.

Can an acceptable affirmative action plan be produced from a pre-packaged form?

Assuming they are up to date, forms and checklists can assist contractors in assuring that they have covered the basic regulatory requirements. A contractor, however, never should simply fill in the blanks in a pre-existing form or computer program. When a statistical disparity is identified or a goal is set, the contractor should review background data and circumstances to decide whether the result is truly an indicator of potential discrimination or merely the byproduct of an analysis that was poorly conceived or inappropriately applied. Just as importantly, in preparing written narratives that include commitments to address potential problem areas or to implement action-oriented programs, the contractor should ask whether these are the best possible approaches for its unique organization, taking into account existing practices, staff, and resources.

Should I use a pre-packaged software program to prepare my affirmative action plan?

No piece of software can produce an acceptable affirmative action plan without considerable input from you. Whether you produce a plan with specialized software or with old-fashioned pen and paper, you must devote the necessary time and energy to resolve difficult issues such as the formulation of appropriate job groups for your unique business, the identification of data for valid statistical comparisons, and the development of organization-specific processes to address statistical disparities or other issues that may arise. If you do not carefully consider and address these issues, your plan may not even satisfy basic OFCCP requirements. If you choose the software route, you should factor in not only the rather substantial initial cost of the program but also the staff time that will be required each year to perform functions that cannot be delegated to automated processes. You also should ensure that the vendor is committed to keeping the software up to date, and you should take into account the cost of annual software updates. You may find that an outside consultant can produce a superior product for a total cost that is comparable, if not lower.

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