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Affirmative Action Program

An affirmative action program is a set of specific and result-oriented employment procedures that a contractor or subcontractor shall apply when assembling its workforce. It should include efforts required to remedy all effects of present and past discriminatory patterns and practices. The objective of these procedures and efforts is to assure equal employment opportunity for all people.


Applicability

Contractors and subcontractors with (a) fifty or more employees and a state contract of fifty thousand dollars or more, or (b) where a contractor’s or subcontractor’s state contract exceeds an estimated total cost of five hundred thousand dollars and the project is in a geographic area, regardless of the number of employees, shall establish an affirmative action program.

Contractors and subcontractors shall comply with affirmative action and equal employment opportunity (EEO) requirements while performing on state and state-assisted construction contracts. The State of Ohio’s affirmative action program (Chapters 123:2-3 through 2-11 of the Ohio Administrative Code (Ohio Adm. Code)) requires contractors and subcontractors to implement the following:

  • policies and procedures to maintain a working environment free of discrimination, harassment, intimidation, and coercion;
  • state percentage goals for minorities by trade and by geographic area as well as, a 6.9 percent goal for women statewide in the trades during the performance of a state contract; and
  • good faith efforts to recruit, hire, and maintain minorities and women.

Contractors and subcontractors that do not meet the established goals for minorities and women shall demonstrate a good faith effort to make specific affirmative action steps toward the accomplishment of the goals.

Contractors and subcontractors may either adopt the state's work hour utilization goals for minorities and women; or develop their own affirmative action program developed in conformity with Ohio Adm. Code 123:2-3-04.


Statutory and Regulatory Authority

The enabling statutes for the Affirmative Action program is Section 153.59 of the Ohio Revised Code. The regulations that govern the program are found in Ohio Adm. Code Chapter 123:2-3.