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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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May 23

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EEO-1 Pay Data Reporting: What You Need to Know

May 23, 2019 - 1:00 PM to 1:30 PM EST
Credits: CLE - Pending
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Archived

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Contractually Speaking: Responding to OFCCP Requests for Information Post AAP Submission

April 23, 2019 - 2:00 PM to 2:30 PM EST
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Archived

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OFCCP’s Audit Plate is Full and You’ve Been Invited to Dinner – Are you Ready?

April 17, 2019 - 2:00 PM to 3:00 PM EST
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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

May 2, 2019

EEOC Announces Plans to Collect 2017 and 2018 Pay Data by September 30, 2019

May 2, 2019

On May 1, the EEOC announced plans to collect pay data for both calendar year 2017 and calendar year 2018 by September 30, 2019. A copy of the announcement scheduled to be published in the Federal Register on May 3 is available here. Given this development, a government appeal seems unlikely, but we will continue to monitor and will... Read More

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May 1, 2019
Law 360

Stacey Bastone Comments on the Implications of Law Firms Turning Over Pay Data to the EEOC

May 1, 2019

Stacey Bastone comments on the implications of law firms disclosing race and gender-based pay data to the EEOC for 2018 in "Will Revived Pay Data Reg Force BigLaw's Hand On Equality?" published by Law360. Subscription may be required to view article Read More

March 31, 2019
Newsday

Joy Chin Comments on Implications of New Ruling Restoring EEO-1 Pay Data Requirements

March 31, 2019

Joy Chin comments on the implications of the EEO-1 pay data collection requirements becoming reinstated in "What employers need to know about new pay data requirement, published by Newsday. Subscription may be required to view article Read More

March 18, 2019
Law Week Colorado

Laura Mitchell Comments on Implications of Colorado's Equal Pay for Equal Work Act

March 18, 2019

Laura Mitchell comments on the implications of Colorado's Equal Pay for Equal Work Act to prevent a wage differential based on sex in "‘Equal Pay’ Bill Set for Hearing," published by Law Week Colorado. Subscription may be required to view article Read More

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Director Leen Shares OFCCP Update
May 15, 2019

OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done. Read More

EEOC Back In Business with New Quorum
May 10, 2019

As anticipated, the U.S. Senate has confirmed the nomination of Republican Janet Dhillon as the Chairwoman of the EEOC.  Ms. Dhillon joins Republican Victoria Lipnic, who has been Acting Chair, and Democrat Charlotte Burrows.  According to EEOC’s website, Ms. Burrows’ term ends July 1, 2019. Read More

OFCCP Provides Resources for Compliance Checks
May 9, 2019

It’s time to start checking the mail.  As a sure indication of the Agency’s intention to soon start initiating audits from the FY2019 CSAL, OFCCP has published a new Compliance Check website.  OFCCP has published similar guidance for the Section 503 Focused Reviews. 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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