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Practice Group

OFCCP Compliance, Government Contracting, and Reporting

The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP). We also assist employers with state and federal reporting.

AAP Preparation and Construction Compliance

Our attorneys and in-house data analysts prepare affirmative action programs (AAPs) for supply and service contractors that include disparity analyses of hiring, promotion, and termination data, as well as regulatory compensation analyses by AAP location or functional unit. We deliver each AAP with an attorney-client privileged letter detailing our observations and recommendations, as well as our proprietary compliance guide outlining compliance obligations and “best practice” information. We also assist construction contractors in complying with the 16 affirmative action steps and prepare Section 503/Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) AAPs when appropriate. Our focus on strategic considerations and risk assessment for OFCCP compliance evaluations (“audits”) and federal, state, and local reporting requirements has proven effective for our clients.

Defense of OFCCP Audits and Complaint Investigations

We regularly assist clients with OFCCP audits, including desk audit submissions and follow- up requests, on-site reviews, defense of technical and systemic discrimination violations, and conciliation negotiations. We also defend contractors in OFCCP complaint investigations and resolutions. Because OFCCP audits and complaint investigations are not formulaic, our experience and knowledge of OFCCP’s requirements help inform our focused and practical approach to compliance issues, considering the individual circumstances of the contractor and the OFCCP office and investigator.

Federal- and State-Mandated Reporting and Compliance

We advise on, prepare, and submit annual EEO-1/IPEDS and VETS-4212 reports and required state reports, including pay reports. We also provide advice on navigating OFCCP’s contractor portals.

Compliance Advice and Assistance

We assist clients in translating complex compliance and reporting obligations to ensure practical implementation. We routinely consult with and train employers on federal and state contractor compliance and reporting matters, as well as jurisdictional issues; applicant, payroll, and information systems data management and data analysis; recruiting, hiring, and pay best practices; testing; artificial intelligence (AI); OFCCP’s contractor portals; federal

contractor-related executive orders; and employment-related Federal Acquisition Regulation (FAR) clauses.

Representative Services

  • Working with large contractors to strategically align the AAP or functional AAP organization and EEO-1 reporting
  • Updating disposition codes to accurately track job seekers and applicants
  • Ensuring EEO-1 filings are accurately structured and reported
  • Representing contractors in audits when AAPs have not been timely prepared or certification has not been made in OFCCP’s portal
  • Training managers, human resources, and talent acquisition teams on compliance requirements and best practices
  • Preparing risk analyses of algorithmic software aimed at streamlining applicant selections
  • Identifying data integrity errors in compensation data and, under the attorney-client privilege, developing analytical methodologies to resolve statistical indicators of potential discrimination
  • Assisting clients in defending overreaching OFCCP requests for documents and information, avoiding or coordinating on-site reviews, rebutting OFCCP preliminary findings of technical violations and/or substantive discrimination issues, and negotiating the monetary value of discrimination allegations, often by millions of dollars
  • Identifying and assisting with correcting notice and poster deficiencies on contractors’ career websites
  • Working with agencies and employers to ensure the accuracy of information required to be submitted for federal, state, and local pay or other reports
  • Advising employers on the strategic integration and risks of diversity, equity, and inclusion efforts and contractor compliance requirements

About This Group

Attorneys in our practice group bring their extensive litigation and counseling experience to provide advice and counsel to government contractors and employers in a variety of industries. Our team includes former OFCCP and Solicitor of Labor employees who provide a unique insider’s view of OFCCP’s internal initiatives and processes.

Our data analytics team is well-versed in OFCCP regulations and compliance requirements and experienced in preparing privileged and regulatory pay analyses and federal, state, and local compliance reports.

We regularly update and provide to clients our proprietary compliance guides to reflect recent

OFCCP and employment-related procurement developments and obligations.

Our extensive knowledge and experience in this area of complex governmental regulations and reporting requirements minimizes employer and contractor confusion and optimizes accurate, complete, and timely compliance efforts.

 

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