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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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Aug 15

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The Amended Massachusetts Equal Pay Act: One Year Out

August 15, 2017 - 1:00 PM to 2:00 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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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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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

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

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June 9, 2017
Federal News Radio

Mickey Silberman Discusses Criticism of President Trump’s Proposed OFCCP and EEOC Merger

June 9, 2017

Mickey Silberman discusses President Donald Trump’s proposal to merge the OFCCP and EEOC and the criticism it's receiving from employers in "Trump proposal to merge anti-discrimination agencies falling flat," published by Federal News Radio. Subscription may be required to view article Read More

June 6, 2017
The Washington Post

Mickey Silberman Discusses Criticism of President Trump's Plan to Merge the EEOC and the OFCCP

June 6, 2017

Mickey Silberman discusses businesses and worker advocates are in opposition to President Donald Trump's proposal to overhaul the way the government investigates workplace discrimination by merging the Equal Employment Opportunity Commission with the Office of Federal Contract Compliance Programs in "Trump plan to... Read More

June 6, 2017
The Wall Street Journal

Mickey Silberman Comments on President Trump’s Proposal to Merge Federal Contracts Office and Equal Employment Opportunity Commission

June 6, 2017

Mickey Silberman comments on a proposal in President Donald Trump's budget to eliminate a regulator and cut government spending in "Plan to Eliminate a Regulator Draws Criticism from Business Group," published by Wall Street Journal. 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