Decision to Suspend Affirmative Action Requirements Sharply Criticized
Feature Story by Tyler Lewis - 9/21/2005
In a move the Leadership Conference on Civil Rights (LCCR) and the Leadership Conference on Civil Rights Education Fund/Americans for a Fair Chance (LCCREF/AFC) has called "doubly shameful," the Bush administration's Office of Federal Contract Compliance Programs (OFCCP) has decided to grant exemptions from Affirmative Action Program (AAP) requirements for new federal contracts handling Hurricane Katrina relief."We recognize the importance of providing relief and rebuilding in the communities in the disaster area, but it is totally unnecessary to undermine the affirmative action requirements of new federal contracts that are designed to provide equal opportunity in accomplishing these vital tasks," said Wade Henderson, LCCR executive director and counselor to LCCREF.
OFCCP requires that contractors with more than 50 employees and with contracts for more than $50,000 prepare an affirmative action plan --defined by the OFCCP as a "set of specific and result-oriented procedures" to prevent the "under-utilization" of minorities and women employees.
The stated goal of the exemption--which the Labor Department says will last three months, subject to extension--is to reduce the paperwork on government contractors and to encourage more companies to help with rebuilding.
Civil rights groups say new contractors, who have 120 days to prepare the AAP, are not overburdened. In addition, small contractors are subject to abbreviated requirements for preparing an AAP.
"There is no reason to exempt new contracts from preparing AAPs while requiring existing contracts to follow the law. Every contract should follow the law. Without these important equal employment practices in place, those communities that need access to opportunities the most could be excluded all together," said Henderson.
Addressing concerns that the exemption will have a negative affect on minorities and women, Charles E. James, Labor Department deputy assistant secretary said, "It does not waive affirmative action requirements, it does not waive job posting requirements, it does not waive their obligation not to engage in discrimination...It's very, very limited."
According to the Labor Department website, companies are still required to post "equal opportunity is the law" signs, keep records and post employment listings with "appropriate local employment service offices."
LCCR and LCCREF/AFC point out that the exemption could hurt the very people most affected by Hurricane Katrina, effectively shutting them out from the opportunity to participate in rebuilding their own neighborhoods.
Henderson said, "It is important that the federal government and its agencies pay special attention to providing and ensuring equal employment opportunity for the thousands of individuals - including racial/ethnic communities, women, persons with disabilities and veterans with disabilities - who have heretofore been denied access to good-paying jobs."
