Employment Law: Affirmative Action and Temps
Questions Employers Should Consider When Evaluating Their Obligations
By Eric H. Rumbaugh and Charmaine Butler
Does your business have an affirmative action plan (AAP)? Is it required to have an AAP? Is it permitted to have an AAP? If your business has an affirmative action duty, what does that entail and what does it mean for your contingent workforce? These have been difficult questions over the years, and the grey answers have, in many cases, resulted in litigation and several generations of rulings from the courts.
This year, many employers that did not previously have affirmative action duties may now face audits or record-keeping requirements, as the American Recovery and Reinvestment Act (ARRA) includes AAP requirements. If a business is required to have an AAP, any systematic problem in classifying contingent workers can have very significant consequences -- consequences that can ripple out in several directions. ...