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What Is an Affirmative Action Plan? A Guide for Texas Employers and Employees

In today’s workplace, diversity and equal opportunity are more than just buzzwords—they’re part of the law for many employers. One way companies ensure compliance with anti-discrimination laws is by developing an affirmative action plan (AAP).

But what is an affirmative action plan exactly? Who is required to have one, and what does it include?

At The Lange Firm, we help Texas employers and employees understand their rights and responsibilities when it comes to workplace fairness, hiring practices, and affirmative action. Whether you’re managing federal contracts or concerned about discriminatory practices, here’s what you need to know.

What Is an Affirmative Action Plan?

An affirmative action plan (AAP) is a written program developed by certain employers to ensure that they are providing equal employment opportunities to historically underrepresented groups, including:

• Women
  
  
• Racial and ethnic minorities
  
  
• Veterans
  
  
• Individuals with disabilities
  
  

An AAP outlines specific steps the employer will take to promote diversity in hiring, training, promotion, and compensation—and to eliminate barriers that may result from discrimination, whether intentional or not.

Is Affirmative Action Required by Law?

Yes—but only for certain employers. You are required to develop and maintain an affirmative action plan if you are a:

✅ Federal Contractor or Subcontractor

Under Executive Order 11246, if you:

• Have 50 or more employees, and
  
  
• Hold federal contracts or subcontracts of $50,000 or more
  
  

…you must create and update an affirmative action plan annually.

Additional laws that require AAPs include:

• Section 503 of the Rehabilitation Act – Applies to individuals with disabilities
  
  
• Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) – Applies to protected veterans
  
  

💡 Private employers not working with the federal government are generally not required to have an AAP—but many choose to adopt similar programs voluntarily.

What Does an Affirmative Action Plan Include?

An effective AAP typically includes:

1. Workforce Analysis

A breakdown of the employer’s workforce by job group, race, sex, and other demographics.

2. Availability Analysis

A review of the local labor pool to determine whether minorities and women are adequately represented in recruitment efforts.

3. Utilization Goals

Non-binding goals for improving representation where underutilization is found. These are not quotas—they are benchmarks, not requirements.

4. Action-Oriented Programs

Steps to eliminate barriers to equal opportunity, such as outreach, training, and revised hiring procedures.

5. Internal Audit and Reporting System

Ongoing monitoring and review to ensure progress is being made and documented.

Affirmative Action vs. Equal Employment Opportunity (EEO)

While often confused, affirmative action and EEO are not the same:

The Lange Firm can help you understand which policies apply to your workplace and how to comply.

Are Affirmative Action Plans Legal in Texas?

Yes. While Texas has no state law requiring affirmative action in the private sector, federal requirements still apply to eligible employers operating in the state.

Recent court rulings—such as those affecting race-conscious admissions in education—do not eliminate federal affirmative action mandates for employers.

Can Employers Be Penalized for Not Having an AAP?

Yes. Federal contractors who fail to implement or maintain a valid AAP may face:

• Contract termination
  
  
• Suspension of payment
  
  
• Ineligibility for future contracts
  
  
• Audits and investigations by the Office of Federal Contract Compliance Programs (OFCCP)
  
  

At The Lange Firm, we help contractors in Texas prepare AAPs that meet federal requirements and stand up to audit scrutiny.

How Affirmative Action Plans Help Employers

Aside from legal compliance, AAPs can help:

• Promote workplace diversity and inclusion
  
  
• Reduce the risk of employment discrimination claims
  
  
• Improve company reputation and recruiting efforts
  
  
• Support internal accountability and transparency
  
  
• Align with ESG (Environmental, Social, and Governance) goals
  
  

How The Lange Firm Helps with Affirmative Action Compliance

At The Lange Firm, we help businesses and professionals across Texas:

• Determine whether an AAP is required
  
  
• Develop and maintain compliant affirmative action plans
  
  
• Respond to OFCCP audits and investigations
  
  
• Revise policies to align with EEO and affirmative action principles
  
  
• Defend against discrimination or retaliation claims related to AAPs
  
  

📞 Contact us today for help creating or reviewing your affirmative action plan and staying compliant with federal law.

Final Thoughts

So, what is an affirmative action plan? It’s a strategic, legally required tool for federal contractors—and a valuable option for companies that want to promote fair hiring and advancement practices.

✅ If you’re required to have one—or simply want to improve your organization’s inclusivity—The Lange Firm can help you develop a compliant, effective, and defensible plan.