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Affirmative Action Compliance and OFCCP Defense

In an era of heightened enforcement and regulatory activity, employers cannot afford to wait to begin preparations until after the OFCCP has selected your company for an audit.

Overview

Our Affirmative Action Compliance and OFCCP Defense Practice Group’s diverse team annually prepares over 2,500 affirmative action plans, skillfully defends them throughout the country in OFCCP audits, and provides sophisticated legal representation in the event of discrimination allegations, back-pay demands or pay discrimination claims for employers, large and small. At all times, we use a team approach and offer employers comprehensive and practical solutions to affirmative action compliance.

For federal contractors, we regularly provide specialized assistance in developing and implementing affirmative action plans (AAPs). Some of the specific services we offer include:

  • Identifying pertinent labor market areas and analyzing census-related statistical data;
  • Providing sample plan texts, notices, letters and policy statements;
  • Preparing utilization and availability analyses; and
  • Conducting impact ratio and compensation analyses.

To help covered employers understand their affirmative action obligations and the procedure for plan development, we train management so they can update their plan annually without significant cost. We defend clients against the imposition of citations and allegations of discrimination in connection with audits by the OFCCP and in related litigation brought on the OFCCP's behalf by the Solicitor's office of the U.S. Department of Labor.

We also prepare AAPs for and defend against audits by state and local affirmative action agencies. To identify and resolve potential adverse impact and compensation disparity discrimination liability, we perform highly-specialized vulnerability audits. For federal contractors and non-federal contractors alike, we advise on implementing lawful diversity initiatives and voluntary AAPs, set-aside, and vendor and franchisee preference programs; counsel on affirmative action coverage issues; and conduct preventive analyses during downsizing.

The Team

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Mar 30

Register Now

For California Employers, Pay Equity Keeps Getting More “Comp”licated

March 30, 2017 - 1:00 PM to 2:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

Contractually Speaking with Jackson Lewis – Featuring Stacey Bastone

December 27, 2016 - 2:00 PM to 2:15 PM EST

Archived

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Contractually Speaking with Jackson Lewis – Featuring Stacey Bastone

November 22, 2016 - 2:00 PM to 2:15 PM EST
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March 22, 2017

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

March 22, 2017

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators Marco Rubio and Ted Cruz, both of whom have known Acosta for years. Rubio described Acosta as... Read More

March 7, 2017

Senate Votes to Disapprove Obama-Era Fair Pay and Safe Workplaces Executive Order

March 7, 2017

The U.S. Senate has passed, by a single-vote margin, a joint resolution previously passed by the U.S. House that “disapproves” President Barack Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called the “blacklisting” executive order. (For more on Executive Order 13673, see our... Read More

January 31, 2017

President Trump Nominates Neil Gorsuch to U.S. Supreme Court

January 31, 2017

Ending months of speculation, President Donald Trump has nominated the Honorable Neil McGill Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court. If confirmed by the Senate, Judge Gorsuch would bring more than 10 years of judicial experience to the position. Still, the Supreme Court is sui generis, different than any... Read More

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March 27, 2017
SHRM

Mickey Silberman Comments on Conducting Fair-Pay Audits

March 27, 2017

Mickey Silberman comments on multi-state employers conducting a federal analysis to see if their pay practices are in line with the Equal Pay Act and Title VII of the Civil Rights Act of 1964 in "How to Conduct a Multi-state Fair-Pay Audit," published by SHRM. Subscription may be required to view article Read More

March 21, 2017
Bloomberg BNA

Matthew Camardella Discusses OFCCP’s Sex Discrimination Rule and Student Employees

March 21, 2017

Matthew Camardella discusses student-workers and OFCCP’s sex discrimination regulations, in "Contractor Colleges Walk Bathroom Tightrope With Student-Employees," published by Bloomberg BNA. Subscription may be required to view article Read More

March 16, 2017
SHRM

Maralyssa Álvarez-Sánchez and K. Joy Chin Author "Puerto Rico Passes Pay Equity Law"

March 16, 2017

Maralyssa Álvarez-Sánchez and K. Joy Chin author "Puerto Rico Passes Pay Equity Law," published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

It’s Official: Blacklisting Executive Order Revoked
March 27, 2017

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order.  As expected, the President signed legislation disapproving of the Executive Order pursuant to the Congressional Review Act.  He also issued an Executive Order offici Read More

Audit Letters Are In The Mail
March 22, 2017

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters initiating audits. Read More

Update: Acosta Confirmation Hearing Pushed Back
March 13, 2017

The confirmation hearing for new Secretary of Labor nominee, Alexander Acosta, has been pushed back until March 22 to allow him to travel to Nashville with the President.  Its anticipated once the hearing moves forward, the Health, Education, Labor and Pensions Committee, will vote within on Acosta’s confirmation within the followin Read More