Affirmative action includes impact analyses

If your hospital is now subject to affirmative action requirements because of a TRICARE contract or any other federal contract, what does that involve?

The requirements are found in Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Veterans' Readjustment Assistance Act of 1974, explains Stephanie Dodge Gournis, JD, a partner with the law firm of Drinker Biddle in Chicago.

The rules specify that federal contractors and subcontractors are required to develop a written Affirmative Action Plan (AAP) for each of their establishments within 120 days from the start of a federal contract, if the contract is worth $50,000 or more annually.

Additionally, Gournis says the hospital may also be subject to these requirements:

conducting adverse impact analyses for hires, promotions, and terminations;

engaging in outreach activities;

performing compensation analysis;

ensuring nondiscrimination in employment;

filing an EEO-1 report;

filing a Vets 100/100A report;

participating in E-Verify;

complying with certain record-keeping responsibilities;

allowing OFCCP access to the contractor's/subcontractor's facilities and records;

posting of certain notices;

including a non-discrimination statement in job postings;

posting job vacancies with the state unemployment agency;

providing reasonable accommodations; and

prohibiting retaliation.