Update on New Affirmative Action Obligations for State Contractors
By: MARY M. KRAKOW
March 2008
Employers covered by federal, state, county, or city affirmative action requirements must prepare a written affirmative action program (AAP) and fulfill other applicable requirements. Details regarding these requirements were included in the article “Are You Covered by Affirmative Action Requirements?” in our January 2008 FredNEWS edition.
By Executive Order of Governor Pawlenty, state contractors and subcontractors must now make two additional certifications. These are that the contractor: (1) complies with the federal Immigration and Reform Control Act of 1986, and (2) uses the E-Verify system established by the U.S. Department of Homeland Security.
Any response to a solicitation that is or could be in excess of $50,000 now requires the contractor to certify that it does not knowingly employ persons in violation of U.S. immigration laws, that it will obtain this certification from all subcontractors, and that it will maintain the subcontractor certifications for inspection by the State of Minnesota. The company must also certify that by the date of the delivery of the product and/or performance of the service, it will have implemented or be in the process of implementing the E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State of Minnesota. Information about the E-Verify program is available at http://www.dhs.gov/files/programs/gc_1185221678150.shtm.
The Executive Order became effective January 29, 2008 and applies to contracts with the State of Minnesota that are new, renewed, or amended on or after that date. Contracts agreed to prior to this date need not comply with the Order until they are renewed or amended. The Order does not apply to companies that only receive state grants.