he Secretary of Labor issues a final administrative order (OFCCP). When
             the order is impracticable, the case may be referred to the Department of
             Executive Order Affirmative Action requires supply and service
             contractors - with 50 or more employees and with over $50,000 worth of
             contracts - to create and use a written affirmative action program or AAP.
             This AAP is a set of specific and result-oriented procedures, which a
             contractor commits to apply with every good faith in the conduct of its
             business and in self-auditing its workforce (OFCCP). This is filed away and
             expected to be observed by the contractor. It identifies areas that employ
             women and minorities, wherein the contractor must reduce or eliminate their
             under-utilization, such as by expanding outreach efforts, recruitment,
             training and other initiatives to increase the ranks of qualified women and
             minorities (OFCCP) without discrimination.
             In comparison, the OFCCP establishes the goals of mandatory
             affirmative action for Federal and federally-assisted construction
             contractors in view of the fluidity and temporary nature of construction
             employment. It sets up concrete nationals goals for women at 6.9% of the
             work force (OFCCP). Unlike non-construction contractors, these contractors
             need not create their own written affirmative action programs, which they
             should observe in illustrating an increase in the employment of minorities
             and women in the skilled trades (OFCCP).
             The numerical goals set by the OFCCP depend on the availability of
             qualified applicants or employees, aimed at achieving and measuring the
             effectiveness of affirmative action in eliminating and preventing
             discriminating. Regulations specifically
             forbid establishing employment quota and preferential hiring and promotions
             disguised as affirmative action numerical measures (OFCCP). These are
             viewed as discrimination steps and are prohibited.
             ...