Affirmative Action and OFCCP Compliance

Government regulations require federal contractors and subcontractors to prepare annual AAPs. We routinely assist covered manufacturing, construction, health care, food, financial industry and other employers with this process, helping them prepare legally compliant and strategically-focused AAPs. For supply and service contractors, our preparation involves careful assessment of relevant data, the use of advantageous statistical analyses in determining availability and setting goals, and analyses of employment and compensation data, all accompanied by our legal recommendations for affirmative action compliance best practices. We offer fixed-fee arrangements for AAP preparation to provide a cost-effective and efficient way for covered employers to comply with the affirmative action obligations enforced by the U.S. Department of Labor’s OFCCP and various state affirmative action agencies. We also can assist with or prepare EEO-1 and VETS-4212 reports for our clients.

We Stay Current

We stay alert to the latest OFCCP enforcement strategies and regulatory changes. When the wind shifts, we provide our clients with cutting-edge analysis of the latest changes, whether in techniques for compensation analysis, tracking of internet applicants, ARRA contract issues, or any other issue affecting compliance. Our clients reliably count on us to keep them up-to-date on the latest affirmative action developments. Our attorneys regularly publish and speak to clients and employer groups on OFCCP and other developments and trends. We also offer periodic live webcasts and timely e-mail alerts on OFCCP developments.

Compliance Evaluations: We Know What’s Coming

Our clients who are selected for OFCCP compliance evaluations have an advantage if we prepare their annual AAPs. They know – before submitting data for a compliance evaluation – exactly where OFCCP may focus its attention and we work with them to increase the likelihood that the compliance evaluation will be closed at the desk audit stage. If OFCCP insists on conducting a more comprehensive on-site review of our clients’ recordkeeping and employment activity, we can be actively involved in this process. Our unparalleled knowledge of OFCCP’s requirements can minimize the time OFCCP spends on-site and avoid or minimize allegations of systemic discrimination. We regularly assist our clients in challenging and defeating such allegations of unlawful bias.

Training Is Critical

Training represents a key ingredient to preparing defensible AAPs and surviving OFCCP compliance reviews. We routinely consult with clients who prepare their own AAPs to ensure that they are aware of the regulatory requirements and OFCCP’s often-changing focus. We also have significant experience in developing and executing in-house “mock” compliance reviews to train human resources personnel and hiring managers and to investigate potential problem areas prior to an actual compliance evaluation. We regularly counsel contractors on data management and analysis issues. Human resources and hiring managers alike benefit from our explanations of the regulations, of what is required of them, and of the monetary impact of noncompliance.

OFCCP: We Know Them . . . And They Know Us

The art of successfully and cost-effectively resolving major OFCCP issues involves being able to orchestrate the involvement of key OFCCP personnel at the appropriate time. We have the demonstrated ability to do just that. Our attorneys understand the different approaches and styles of various OFCCP offices, knowledge which often proves advantageous for our clients. We are proud to offer one of the largest, most experienced groups of OFCCP practitioners in the country. Selected as counsel for numerous large and small companies, we have advised and represented clients in thousands of affirmative action and OFCCP matters, including focused reviews, corporate management reviews, functional reviews, and enforcement actions.

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