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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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Sep 24

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Contractually Speaking: Updates on OFCCP’s New Functional AAP Directive

September 24, 2019 - 2:00 PM to 2:30 PM
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Archived

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Contractually Speaking: News from the National ILG Conference

August 27, 2019 - 2:00 PM to 2:30 PM
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Archived

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EEO-1 Pay Data Reporting: The “Nuts and Bolts” of Filing Component 2

August 7, 2019 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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July 10, 2019

2019: The Mid-Year Outlook for Employers

July 10, 2019

The first six months of 2019 have proven to be busy, challenging professionals in the labor and employment communities to keep up with a number of newly enacted laws and regulations. In the 2019: Mid-Year Outlook for Employers, Jackson Lewis attorneys provide a snapshot of activity from the first half of the year as well as a preview of... Read More

May 17, 2019

The EPL Insurance Advisor – May 2019

May 17, 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments. 2019 EPLI Trends Report – What Analysts and Underwriters Should... Read More

May 15, 2019

EPLI Trends, Sexual Harassment Claims, and Planning for 2019

May 15, 2019

As workplace laws continue to evolve, the potential risk exposure is increasing. Jackson Lewis prepared this trends overview to help assess the current workplace law landscape in the #MeToo era and the wave of agency charges, latest claims, and new laws.  Highlights include: Pay Equity Lawsuits: The Next Wave of Litigation... Read More

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September 9, 2019
Bloomberg Law

Matthew Camardella Discusses Implications of the Labor Department Revisiting Closed Settlements

September 9, 2019

Matthew Camardella discusses the implications of the DOL’s Office of Federal Contract Compliance Programs amending settlements in a new fiscal year in "Labor Department Quietly Expanded Bias Settlement Months Later," published by Bloomberg Law.  Subscription may be required to view article Read More

September 5, 2019
SHRM

Matthew Camardella Discusses Implications of the OFCCP Promoting FAAPs

September 5, 2019

Matthew Camardella discusses the implications of the Office of Federal Contract Compliance Programs trying to persuade more federal contractors to use functional affirmative action programs, rather than traditional affirmative action programs in "Despite Improvements, Functional Affirmative Action Programs May Be Too Risky,"... Read More

August 27, 2019
Material Handling & Logistics News

Christopher Patrick Comments on Implications of the Latest Wave of Pay Equity Legislation for Employers

August 27, 2019

Christopher Patrick comments on pay equity legislation and best practices to prevent unexplained pay disparities in "The March Toward Ensuring Pay Equity," published Material Handling & Logistics. Subscription may be required to view article Read More

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The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?
September 12, 2019

As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact... Read More

Breaking News: EEOC Will Not Seek Renewal of Pay Data Collection At This Time
September 11, 2019

As previously reported, EEOC is expected to publish tomorrow a Notice of Information Collection regarding EEO-1 Reporting.  An advance copy of the notice reports that the EEOC is not seeking to renew Component 2 of the EEO-1. Read More

EEOC to Seek Public Comment on Pay Data Collection
September 9, 2019

In its required status report, filed pursuant to Court Order, EEOC announced it is preparing a Notice of Information Collection – Employer Information Report (EEO-1) to seek authorization from the Office of Management and Budget (OMB) for the collection of pay data going forward.  As a reminder, OMB approval for the data collection expire Read More

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Aug 14

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Legal Updates and Trends in Affirmative Action for Federal Contractors

James Mackey and Laura Mitchell discuss the latest updates and trends in affirmative action for federal contractors.

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