Many companies have wrestled with the issue of which AAP(s) should include employees who work from home, at client sites, or other at non-traditional sites. OFCCP recently issued a set of Frequently Asked Questions to answer some of these questions and can be found on the OFCCP website.We know that all employees must be included in an AAP, but which AAP? The answer is simple for establishments with 50 or more employees. There must be an AAP covering that establishment. If a company has only one site, that is also easy – a single AAP. However, as the workplace has evolved to include workers in home offices, vendor sites, secure/confidential government sites, etc. it is more difficult to determine how to include these employees in a traditional, establishment-based AAP. While there are no regulations specifically addressing remote or teleworkers, the regulations describe options for including employees in AAPs.
Those options cover:
- Employees at establishments with less than 50 employees – there are three options:
- Develop an AAP for the establishment regardless of headcount
- Include the employees in the AAP that provides their HR support
- Include the employees in the AAP of their manager
- Employees who work at establishments different from their manager
- These employees must be included in the AAP of their manager
- Employees for whom selection decisions are made at a higher-level establishment
- These employees must be included in the AAP where the selection decision is made
If employees could be included in more than one AAP under the requirements above, the employer gets to choose where to include them. More information about these regulations (41 CFR 60‐2.1(d)(1), 41 CFR 60‐2.1(d)(2) and 41 CFR 60‐2.1(d) (3)) is available in the electronic version of the regulations.
The FAQs provide some examples which might be helpful:
- Include a remote or telework employee in the AAP that covers the management to whom they report. For example, an employee who works remotely out of an office in Washington, DC, for a manager in New York, could be included in the New York AAP.
- Include a remote or telework employee in the AAP of the establishment where his or her selection decision was made. For example, an employee who was selected by corporate headquarters in Seattle, WA, to run an office in Portland, OR, could be included in the Seattle AAP.
- Include a remote or telework employee in the AAP that covers the location of the personnel function that supports the employee. For example, if a manager who works from home in Columbus, OH, has four employees who work from home in various locations across Missouri and Ohio, and they are supported by a personnel function in Chicago, IL, the manager and employees could all be included in the Chicago AAP.
A word about Annotations: the Organizational Profile (Workforce Analysis or Organizational Display) must be annotated to show the actual work location of remote employees who are included in the AAP. If an employee works from home, the city and state will suffice. Functional AAPs make the decision easier because AAPs are organized around business functions and not physical work locations. For more information about whether a functional AAP is a good fit, visit the requirements on OFCCP’s website here.
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