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Disability Nondiscrimination Law Advisor

Affirmative Action Program (AAP)

An AAP is a formal program with specific requirements. Such requirements include, among other things:

  • An equal opportunity policy statement that states, among other things, that the contractor will recruit, hire, train and promote persons in all job titles, and ensure that all other personnel actions are administered without regard to disability.
  • A duty to review personnel processes to ensure that they provide for careful, thorough, and systematic consideration of the job qualifications of applicants and employees with known disabilities for job vacancies filled either by hiring or promotion, and for all training opportunities offered or available.
  • A schedule for the periodic review of all physical and mental job qualification standards to ensure that any qualification standards that tend to screen out qualified individuals with disabilities are job-related for the position in question and consistent with business necessity.
  • If an employee with a known disability is having significant difficulty performing his or her job and it is reasonable to conclude that the performance problem may be related to the known disability, the contractor must confidentially ask the employee if the problem is related to the employee's disability. If the employee responds that the problem is, then the contractor must confidentially ask whether the employee needs a reasonable accommodation.
  • Appropriate outreach and positive recruitment activities, the scope of which will depend on the contractor's size and resources and the extent to which existing employment practices are adequate. Recruitment efforts should incorporate special efforts to reach individuals with disabilities.
  • An audit and reporting system that will (1) measure the effectiveness of the contractor's AAP; (2) indicate any need for remedial action; (3) determine the degree to which the contractor's AAP objectives have been attained; (4) determine whether individuals with known disabilities have had the opportunity to participate in all company-sponsored educational, training, recreational, and social activities; and (5) measure the contractor's compliance with its AAP obligations.

Applicable regulations



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