What is an Affirmative Action Program?
It is an annual written program, meeting the requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, in which a federal contractor/subcontractor details the steps it will take and has already taken, to ensure equal employment opportunity for Protected Veterans and Workers with Disabilities. An Affirmative Action is composed of actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation entails: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures.
The regulations define an AAP as a set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort. The AAP is developed by the contractor to assist the contractor in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review.
What is a Contractor/Subcontractor, according to the Affirmative Action Regulations?
A contractor, as described below, is:(a) Prime contractor. Any person holding, and for enforcement purposes any person who has held, a contract subject to Section 503 or VEVRAA (38 U.S.C. §4212).
(b) Subcontractor. Any person holding, and for enforcement purposes any person who has held, a subcontract subject to Section 503 or VEVRAA.
(c) First-tier subcontractor. A subcontractor holding a subcontract with a prime contractor.
A subcontractor, as described below, is: Any person holding a subcontract, or for enforcement purposes any person who has held a subcontract, subject to Section 503 or VEVRAA. A subcontract is:
Any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee):
(a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more Government contracts; or
(b) under which any portion of the contractor's obligation under one or more Government contracts is performed, undertaken or assumed.
Who has to comply with Affirmative Action?
a) Manufacturing, Construction, Service and Supply federal contractors and subcontractors with 50 or more employees and government contracts of $20,000 or more are required, under Section 503, to develop and implement a written affirmative action program for Workers with Disabilities for each establishment.
Federal Contractors or Subcontractors with less than 50 employees are considered Basic Coverage Contractors. They have specific obligations but are not required to develop and maintain Affirmative Action Programs
b) Manufacturing, Construction, Service and Supply contractors/subcontractors with 50 or more employees and government contracts of $200,000 or more are required, under VEVRAA, to develop and implement a written affirmative action program for Protected Veterans for each establishment.
Federal Contractors or Subcontractors with less than 50 employees are considered Basic Coverage Contractors. They have specific obligations but are not required to develop and maintain Affirmative Action Programs.
If you have to comply with Affirmative Action, please, feel free to contact us with questions regarding your obligations. We will cordially assist in bringing you into compliance with Federal Statute.
For more information Click on the OFCCP webpage: Jurisdiction Thresholds Infographic
or visit: https://www.dol.gov/agencies/ofccp/jurisdictional-thresholds
It is an annual written program, meeting the requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, in which a federal contractor/subcontractor details the steps it will take and has already taken, to ensure equal employment opportunity for Protected Veterans and Workers with Disabilities. An Affirmative Action is composed of actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation entails: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures.
The regulations define an AAP as a set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort. The AAP is developed by the contractor to assist the contractor in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review.
What is a Contractor/Subcontractor, according to the Affirmative Action Regulations?
A contractor, as described below, is:(a) Prime contractor. Any person holding, and for enforcement purposes any person who has held, a contract subject to Section 503 or VEVRAA (38 U.S.C. §4212).
(b) Subcontractor. Any person holding, and for enforcement purposes any person who has held, a subcontract subject to Section 503 or VEVRAA.
(c) First-tier subcontractor. A subcontractor holding a subcontract with a prime contractor.
A subcontractor, as described below, is: Any person holding a subcontract, or for enforcement purposes any person who has held a subcontract, subject to Section 503 or VEVRAA. A subcontract is:
Any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee):
(a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more Government contracts; or
(b) under which any portion of the contractor's obligation under one or more Government contracts is performed, undertaken or assumed.
Who has to comply with Affirmative Action?
a) Manufacturing, Construction, Service and Supply federal contractors and subcontractors with 50 or more employees and government contracts of $20,000 or more are required, under Section 503, to develop and implement a written affirmative action program for Workers with Disabilities for each establishment.
Federal Contractors or Subcontractors with less than 50 employees are considered Basic Coverage Contractors. They have specific obligations but are not required to develop and maintain Affirmative Action Programs
b) Manufacturing, Construction, Service and Supply contractors/subcontractors with 50 or more employees and government contracts of $200,000 or more are required, under VEVRAA, to develop and implement a written affirmative action program for Protected Veterans for each establishment.
Federal Contractors or Subcontractors with less than 50 employees are considered Basic Coverage Contractors. They have specific obligations but are not required to develop and maintain Affirmative Action Programs.
If you have to comply with Affirmative Action, please, feel free to contact us with questions regarding your obligations. We will cordially assist in bringing you into compliance with Federal Statute.
For more information Click on the OFCCP webpage: Jurisdiction Thresholds Infographic
or visit: https://www.dol.gov/agencies/ofccp/jurisdictional-thresholds
Copyright © 2026 Affirmative Consulting Group LLC. All Rights Reserved