By Alexis Seibert, Berkshire Associates

Many federal contractors who are developing their first-year affirmative action plan (AAP) often have the same question: who should be included in my AAP? The Office of Federal Compliance Programs (OFCCP) has provided some guidance on this topic by stating that all employees who have worked in a federal contractor’s establishment during the fiscal (or plan) year should be included in the contractor’s AAP.

Sometimes this answer can become opaque when considering the different layers to an organization a federal contractor may have. For example, does the organization have independent contractors or non-employees who work or have worked in the b