This non-discrimination obligation includes both intentional discrimination (disparate treatment) and the use of employment practices that adversely impact members of one group more than another and are not shown to be job-related and consistent with business necessity (disparate impact). As appropriate, evaluations will rely on current data about the proportion of qualified workers from each group in the relevant geographic area. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Each contractor is required to maintain any personnel or employment record that it makes or keeps for either one year or two years, depending on the size of the contractor and the contract. Since 1985, state law has required the Commissioner of the Department of Human Rights to issue goals and timetables for minority and female utilization in state-funded construction projects. The cities of Minneapolis and St. Paul have ordinances that require minority and female goals for construction project in their cities, and there are also federal requirements. For example, if a contractor’s workforce is 90% Hispanic, that contractor would likely be satisfying its goal for minority hiring, but other groups of workers – such as African Americans or Asians – may be experiencing discrimination. What are the nondiscrimination obligations of federal and federally assisted construction contractors and subcontractors under Executive Order 11246? All trades statewide 6.9% Additionally, the participation goals only apply to women and minorities, but the Equal Opportunity Clause prohibits discrimination on additional grounds, namely sexual orientation, gender identity, religion, and on the basis of discussing pay. Not necessarily. part 60-4 is 6.9 per cent utilization of women. If employees or applicants believe they have been discriminated against on the basis of a protected category, they can file a complaint with OFCCP, the Equal Employment Opportunity Commission (EEOC), or a state or local civil rights agency with jurisdiction. This requirement shall remain at 6.9 per cent unless further amended by the governor in a subsequent order. The new hiring goals reflect the changing nature of our cities, and provide an effective tool to combat the disparity gap, Frias said. Yes, harassment because of a protected basis, such as sex, race or ethnicity, can be a form of unlawful discrimination. The goal for minority participation in state-funded contracts in Anoka, Carver, Dakota, Scott and Washington Counties will be 22 percent. The percentage goal a contractor establishes for minority participation must be at least equal to the percentage established for that Among other things, OFCCP evaluates the percentage of hours worked by each minority group and the contractor’s hiring and placement practices and decisions, using the applicant/referral records contractors are required to maintain, as well as payroll and other records. Federal construction contractors must also comply with the requirements of Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. While unemployment remains a reality for 168,000 Minnesotans from all races and backgrounds, the jobless rate for minorities is disproportionately alarming. 1-866-487-2365 If employees or applicants experience discrimination while working for or applying to work for a federal or federally assisted construction contractor or subcontractor, what can they do? The goals are not quotas, however, and no sanctions are imposed solely for failure to meet them. For any of these records that the contractor maintains, the contractor must be able to identify: Contractors must also document the meetings they hold with employees at which they review the company’s EEO policy and affirmative action obligations. Where possible, the gender, race, and ethnicity of each applicant or Internet applicant. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} The new goals target minority participation in state-funded contracts in the metro area, including Hennepin and Ramsey counties and cities within those counties, at 32 percent. These updated hiring goals will ensure that all Minnesotans have a chance to compete for job opportunities as our economy continues to regain strength. In assessing whether contractors have done so, OFCCP uses updated data, which it analyzes for each race/ethnic group. These goals are not quotas, and OFCCP does not find contractors to have violated Executive Order 11246 if they fail to meet the goals. Federal construction contractors can use this infographic to help determine whether they are covered by these statutes: www.dol.gov/agencies/ofccp/jurisdictional-thresholds. It also includes a requirement not to discriminate against employees or applicants because they have inquired about, discussed, or disclosed their compensation or that of others, subject to certain limitations. Executive Order 11246 applies to both direct federal construction contracts and federally assisted construction contracts. Another example of disparate impact discrimination could be word-of-mouth recruiting that results in disproportionately excluding certain racial or ethnic groups from consideration for job openings. The goals apply to contracts in excess of $100,000 and to employers with more than 40 full time employees. Goals for Minority Utilization in Each Construction Craft and Trade The Department of Labor (DOL) published goals for minority participation in each construction contract in the October 3, 1980 Federal Register [45 FR 65977, Oct. 3, 1980].

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