Equal employment opportunity laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act do not require employers to create written affirmative action plans (AAPs). Generally, only certain federal contractors and subcontractors are required to create AAPs.

The three federal laws that require contractors to have written AAPs are Executive Order 11246, the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act. The requirements for written affirmative action plans apply to contractors or subcontractors with annual federal contracts totaling $50,000 or more and at least 50 employees. These contractors and subcontractors must create and implement AAPs annually. The plans consist of statistical analyses of the employer’s "underutilization" of individuals from certain protected classes and include the steps that will be taken to improve their representation in the employer’s workforce. Separate AAPs must be created for women and minorities, Vietnam era and disabled veterans, and disabled individuals. Although the plans must be written each year, they do not have to be filed with the Office of Federal Contract Compliance Programs (the agency that oversees the contracts) until an audit is conducted.