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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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The Amended Massachusetts Equal Pay Act: One Year Out

September 14, 2017 - 1:00 PM to 2:00 PM EST
Credits: CLE - Pending*, HRCI - Pending, SHRM - Pending
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The Amended Massachusetts Equal Pay Act: One Year Out

August 21, 2017 - 3:00 PM to 4:00 PM EST
Credits: CLE - Pending*, HRCI - Pending, SHRM - Pending
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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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August 30, 2017

EEOC Pay Reporting Obligations Suspended

August 30, 2017

In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligations. Prior to this directive issued... Read More

August 16, 2017

Affirmative Action in College Admissions to Become a Justice Department Priority?

August 16, 2017

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights Division (CRD). The announcement, The Times said, directs the Division to redirect resources to investigate and... Read More

June 21, 2017

Removal of Fair Pay and Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

June 21, 2017

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not to wait for the formal rescission to ensure certain contract clauses are not in new or existing government... Read More

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August 30, 2017
Business Insurance

Courtney Malveaux Discusses Strategies for Keeping Temporary Workers Safe

August 30, 2017

Courtney Malveaux discusses how employers can keep temporary workers safe and injury-free in "Employers on the hook for keeping temporary workers safe," published by Business Insurance. Subscription may be required to view article Read More

April 27, 2017
SHRM

Jeffrey Brecher Comments on President Donald Trump's First 100 Days in Office

April 27, 2017

Jeffrey Brecher comments on President Trump's first 100 days in office and his impact on employment law in "Trump’s First 100 Days and a Look Ahead," published by SHRM. Subscription may be required to view article Read More

April 11, 2017
SHRM

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli Author "New York City Council Approves Legislation Limiting Salary History Questions"

April 11, 2017

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli author "New York City Council Approves Legislation Limiting Salary History Questions," published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

Minimum Wage for Federal Contractors Increased Effective January 1, 2018
September 18, 2017

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour.  The announcement was made via posting in the federal register on September 15, 2017.  The wage rate for tipped employees will also increase to $7.25/hour. Read More

VETS-4212 Filing Deadline Extended
September 14, 2017

VETS has announced a 45-day extension to the 2017 VETS-4212 filing deadline.  The deadline has been extended from September 30, 2017 to November 15, 2017.  In a post on it’s website, VETS stated NOTICE: In order to accommodate the needs of those impacted by Hurricanes Harvey and Irma, Federal contractors who file their VETS-4212 Rep Read More

U.S. Senate Opposes OFCCP/EEOC Merger Proposal
September 11, 2017

In budget measures last week both the U.S. Read More