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.
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.