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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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Archived

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Ok, You’ve Submitted Your Affirmative Action Plan . . . And Now The OFCCP Wants More

May 16, 2018 - 1:00 PM to 2:00 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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Archived

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What to Expect When You’re Expecting… An OFCCP Audit

February 27, 2018 - 2:00 PM to 3:30 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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Archived

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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: 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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April 24, 2018

New Jersey Governor Signs Pay Equity Bill into Law

April 24, 2018

New Jersey’s Diane B. Allen Equal Pay Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), such as a prohibition against discrimination with respect to compensation or financial terms of employment, a six-year statute of limitations, and treble damages for... Read More

April 18, 2018

Massachusetts Equal Pay Act Calculation Tool: What Employers Need to Know

April 18, 2018

Ever since Massachusetts Governor Charlie Baker signed the state Equal Pay Act (MEPA) on August 1, 2016, employers have been seeking direction on how employee pay should be analyzed to withstand scrutiny under the new law. MEPA goes into effect on July 1, 2018. On March 1, 2018, the Massachusetts Office of the Attorney General (OAG)... Read More

April 12, 2018

Double Take: New Jersey Governor Poised to Enact Equal Pay Act

April 12, 2018

On April 24, 2018, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping changes to the New Jersey Law Against Discrimination (LAD), including, among other items, a prohibition against discrimination with respect... Read More

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June 6, 2018
Wolters Kluwer Employment Law Daily

Tasos Paindiris Discusses Best Practices for EEOC, DOL and NLRB Compliance

June 6, 2018

Tasos Paindiris discusses how employers can handle various challenges from the three federal agencies that most impact the labor and compliance environment in "Check-In: EEOC, DOL and NLRB Compliance," published by Wolters Kluwer.   Read More

May 23, 2018
Bloomberg BNA

Laura Mitchell and Megan Holstein Discuss How to Properly Construct a Paid Sick Leave Policy for Federal Contractors

May 23, 2018

Laura Mitchell and Megan Holstein discuss the steps employers must take to ensure compliance with the federal contractor paid sick leave law in "Creating a Paid Sick Leave Policy for Federal Contractors," published by Bloomberg BNA Read More

May 14, 2018
SHRM

Matthew Camardella Discusses Common Filing Errors in EEO-1 Reports

May 14, 2018

Matthew Camardella discusses frequent filing mistakes by employers in EEO-1 reports, including employers who have undergone mergers and acquisitions or office closures in "Dodge These Frequent EEO-1 Report Mistakes Before it's Too Late," published by SHRM. Subscription may be required to view article Read More

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OFCCP Extends TRICARE Moratorium
May 20, 2018

As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year.  In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcem Read More

Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE
May 9, 2018

Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.” OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Fe Read More

OFCCP Releases “Town Hall Action Plan” to Address Contractor Concerns
May 1, 2018

by Laura A. Mitchell and Chris Chrisbens In the words of OFCCP, the contractors spoke and OFCCP listened.  OFCCP is also listening to the Government Accounting Office and its detailed review of the Agency. Read More