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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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Special Report Webinar

April 12, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending*, HRCI - Pending, SHRM - Pending
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Archived

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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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Contractually Speaking with Jackson Lewis – Featuring Stacey Bastone

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

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May 11, 2017

Using Predictive Analytics to Change History

May 11, 2017

Last year, women made 80¢ on the dollar compared to men. That persistent pay gap has hovered around 80% for the last several years. States, cities, and federal enforcement agencies are thus trying a variety of new tactics to “close the gap.” The most interesting, and as many believe creative, approach to gain popularity in the past year... Read More

March 28, 2017

Trump Signs Legislation and Issues Order Ending Obama-Era Fair Pay and Safe Workplaces Executive Order

March 28, 2017

The nearly three-year journey of Executive Order 13673: Fair Pay and Safe Workplaces, which President Barack Obama signed in July 2014, is officially over. Federal contractors will not be required to report alleged labor violations to federal agencies as part of the bid process or implement measures to foster pay transparency. They also... Read More

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

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May 24, 2017
Wolters Kluwer Employment Law Daily

Mickey Silberman Discusses President Trump's Budget Proposal Calling for Merger of EEOC and OFCCP

May 24, 2017

Mickey Silberman discusses President Trump's most recent budget proposal calling for a $17 million decrease in OFCCP funding and merger of the agency into the EEOC by the end of fiscal year 2018 in "Daily Document Update: Employment Law, White House’s FY 2018 budget proposal calls for steep OFCCP funding decrease... Read More

May 24, 2017
SHRM

Mickey Silberman Discusses Implications of President Trump's Proposed Merger of EEOC and OFCCP

May 24, 2017

Mickey Silberman discusses implications of President Trump's proposed budget calling for the OFCCP to merge into EEOC and form a single organization by the end of the 2018 fiscal year in "Employer and Civil Rights Groups Oppose Merger of EEOC and OFCCP," published by SHRM. Subscription may be required to view article Read More

May 23, 2017
Law 360

Mickey Silberman Discusses Criticism of President Trump's Proposed EEOC-OFCCP Merger

May 23, 2017

Mickey Silberman discusses the proposed merger of the OFCCP into the EEOC raises concerns among workers' rights advocates and business groups in "Workers, Biz Groups May Sink Plan To Merge EEOC, OFCCP," published by Law360. Subscription may be required to view article Read More

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Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies
May 23, 2017

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). Read More

Is a Merger of OFCCP and EEOC on the Horizon?
May 22, 2017

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. Read More

Department of Labor to Recognize Employers Who Recruit, Employer Veterans
May 9, 2017

Coming out of the Honoring Investments in Recruiting and Employing American Military Veterans Act (HIRE Vets Act), signed by President Trump on May 5, the U.S Department of Labor has created the HIRE Vets Medallion Program.  The program will award employers who “recruit, retain, and employ veterans, and who offer charitable services Read More