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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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Contractually Speaking with Jackson Lewis – Featuring Stacey Bastone

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

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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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EEO-1 Annual Pay Data Reporting Has Arrived: What Should Employers Do Now?

November 3, 2016 - 2:00 PM to 3:00 PM EST
Credits: CLE - 1.0/1.2*, HRCI - 1.0, SHRM - 1.0
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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

December 19, 2016

Paycheck Transparency Mandates of Fair Pay and Safe Workplaces E.O. Take Effect January 1

December 19, 2016

The new paycheck transparency requirements under the “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673) will be effective beginning January 1, 2017. The requirements will apply to all new federal procurement contracts and subcontracts of $500,000 or more. Covered contractors must fulfill four obligations,... Read More

December 12, 2016

Fast-Food Restaurant CEO Tapped to Head Labor Department: What to Expect

December 12, 2016

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Puzder was a lawyer in St. Louis and represented the founder of Carl’s Jr. He later became the general... Read More

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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

December 9, 2016
Bloomberg BNA

Mickey Silberman Discusses the Nomination of Andrew Puzder’s for Labor Secretary

December 9, 2016

Mickey Silberman discusses how Andrew Puzder's nomination for Labor Secretary may impact the OFCCP in "Contracting Agency May Be More ‘Business Friendly’ Under Puzder," published by Bloomberg BNA. Subscription may be required to view article Read More

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Federal Contractors Not the Only Ones with Disability Goals
January 4, 2017

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. Read More

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?
January 2, 2017

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way. Read More

Who will be the new head of OFCCP in the Trump Administration?
December 13, 2016

Who will lead the OFCCP under a new Trump administration?  The short is answer is we still don’t know.  As we previously reported, OFCCP Director Pat Shiu left the Agency in the days following the election.  Deputy Director, Tom Dowd, a seasoned OFCCP official, has now taken the reins as the “Interim Acting Director” and … Read More