By convention and practice (not by Executive Order, statute, regulation or guideline), OFCCP has never required covered federal contractors and subcontractors to prepare Affirmative Action Plans for minorities for their establishments in Hawaii or Puerto Rico. OFCCP has nonetheless always required federal contractors with establishments in Hawaii and Puerto Rico to create AAPs for Women. (You will recall the entertaining case in the Clinton Administration when OFCCP sued a small latex glove manufacturer in the Puerto Rican rain forest outside of San Juan (which was 100% Puerto Rican owned and which employed a 100% Hispanic workforce) because it refused to create AAPs. The company wondered: “Really? What’s the use?” OFCCP answered, of course, that …
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.