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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 22

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The Current State of OFCCP: The Effect of the Trump Administration

March 22, 2017 - 2:30 PM to 3:30 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Mar 30

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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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Archived

Contractually Speaking with Jackson Lewis – Featuring Stacey Bastone

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

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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

January 17, 2017

New York Toughens Equal Pay Laws: State Contractors Must Disclose Salary Data, State Agencies Cannot Ask Applicants for Salary History

January 17, 2017

New York Governor Andrew Cuomo has signed two executive orders: one requiring state contractors to regularly disclose employee job title and salary data and the other prohibiting state agencies from making pre-job offer inquiries about candidates’ prior or current salary. The executive orders are aimed at eliminating the gender... Read More

January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

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February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

January 9, 2017
Bloomberg BNA

Mickey Silberman Comments on Changes to OFCCP Priorities and Practices in 2017

January 9, 2017

 Mickey Silberman comments on changes to the DOL's Office of Federal Contract Compliance Programs OFCCP under a Trump administration in "Federal Contractor Audits May Be More ‘Flexible’ in 2017," published by Bloomberg BNA. Subscription may be required to view article Read More

December 22, 2016
Bloomberg BNA

Laura Mitchell Comments on Implications of New Paycheck Transparency Rules

December 22, 2016

Laura Mitchell comments on implications of new paycheck transparency rules for federal contractors stemming from President Barack Obama’s Fair Pay and Safe Workplaces executive order in "New Paycheck Rules Will Apply to Federal Contracts Starting Jan. 1," published by Bloomberg BNA. Subscription may be required to view... Read More

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Trump Administration Sending Mixed Signals about Support of LGBT of Rights
February 23, 2017

In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community. Read More

Update: Additional information on CSALs
February 22, 2017

As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters. After a hiatus for the past few years, OFCCP has officially confirmed it has once again sent out CSALs. Read More

BREAKING NEWS: Advance OFCCP Audit Notification Letters Sent Out
February 21, 2017

It has come to our attention that OFCCP has sent out Courtesy Scheduling Announcement Letters providing contractors with advance notice of upcoming OFCCP audits.  Signed by interim Director Tom Dowd, dated February 17, 2017 and addressed generically to Human Resources Director, the letters provide warning that the establishment listed has Read More