Affirmative Action Program (Construction)
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.
Contractors and subcontractors with (a) 50 or more employees and a state contract of $50,000 or more or (b) where a contractor’s or subcontractor’s state contract exceeds an estimated total cost of $500,000 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.
- 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 in conformity with Ohio Adm. Code 123:2-3-04.
Affirmative Action Program Verification (Goods and Services)
All contractors from whom the state or any of its political subdivisions make purchases shall have a written affirmative action program for the employment and effective utilization of economically disadvantaged persons.
Applicability: Goods or Services
All purchases contracts of $5,000 or more shall contain affirmative action provisions to include the Affirmative Action Program Verification requirement.
The contractor has an option to adopt the state of Ohio’s Equal Employment Opportunity (EEO) policy statement and affirmative action program (AAP) or develop and email the company’s EEO policy statement and AAP to firstname.lastname@example.org.
The company’s EEO policy may be found unacceptable if:
- The policy does not identify the company's designee and contact information for questions or complaints.
- The policy does not include a complete list of protected classes.
- The policy is outdated.
The company's AAP may be found unacceptable if:
- An EEO policy statement is provided as an AAP.
- Only a portion of the AAP is submitted.
- The AAP is outdated.
Steps for Affirmative Action Program Verification Submittal
The applicant must file an Affirmative Action Program Verification application through the Ohio Business Gateway. Note that only complete applications will be reviewed. Additional information may be requested. Upon application approval, the company will receive its approval email, and the certificate is posted on Development’s website.
Steps to Submit Application:
- Visit Ohio Business Gateway.
- Log in using username and password (OH|ID).
- Ensure "Equal Opportunity Division" is among available service areas.
- Ensure "Affirmative Action Program Verification" is among available transactions.
- Ensure filing access (read, edit, submit) is available; work with your account's Gateway filing administrator.
- Select "Affirmative Action Program Verification" and complete the form.
- Click "File" button on the Summary page to see a confirmation page.
- Submit supporting documentation (if required) to email@example.com.
Forms will not be received by Development unless data is "accepted" to complete the application, which generates a business user’s confirmation receipt. The form will be received in Development the following business day.
Ohio Business Gateway Tutorial
Wondering how to locate the Affirmative Action Program Verification application on the Ohio Business Gateway? Click here for a PowerPoint tutorial developed to help you log in and add service areas (and forms) to your profile.
See Something, Say Something
A hotline is available to receive allegations of possible fraud or abuse in the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); Women-owned Business Enterprise (WBE); or Veteran-friendly Business Enterprise (VBE) programs. Tips about alleged violations may be reported to the toll-free hotline by calling 1-888-623-8477 (MBE-TIPS). Allegations may be reported between 10 a.m. to 2 p.m. every Monday, Wednesday, Thursday, and Friday by state employees, contractors, or the public. Callers have the option to remain anonymous. Businesses that violate certification laws or rules risk decertification and the loss of business opportunities. Click here for frequently asked questions about the hotline.