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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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Mar 26

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Contractually Speaking: Surviving an OFCCP Audit

March 26, 2019 - 2:00 PM to 2:30 PM EST
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Archived

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Contractually Speaking: OFCCP’s New Compensation Directive – What Does This Mean for Contractors?

February 26, 2019 - 2:00 PM to 2:30 PM EST
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Archived

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What a Long Strange Trip It’s Been… A Look Back at OFCCP in 2018 and What to Expect in 2019

February 12, 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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January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

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

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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

March 6, 2019
SHRM

Matthew Camardella Discusses Implications of the EEO-1 Pay Data Collection Requirement Reinstatement

March 6, 2019

Matthew Camardella discusses implications of a federal judge reinstating the revised EEO-1 form's pay-data reporting provisions, which were suspended in 2017 by the Trump Administration in "Judge Revives EEO-1 Pay-Data Reporting Requirement," published by SHRM. Subscription may be required to view article Read More

March 5, 2019
Business Insurance

Stephanie Lewis Comments on Implications of U.S. Supreme Court Vacating and Remanding Ninth Circuit's Decision in Equal Pay Case

March 5, 2019

Stephanie Lewis comments on the implications of the Supreme Court’s decision to remand the Ninth Circuit’s pay bias decision in "Federal courts still split on employers asking salary history questions," published by Business Insurance. Subscription may be required to view article Read More

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UPDATE: EEOC Has Until April 3 to Advise About Pay Data Reporting
March 19, 2019

In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th...&# Read More

OFCCP Launches Section 503 Focused Review Informational Webpage
March 10, 2019

In August 2018, OFCCP released Directive 2018-04 announcing the Agency’s implementation of Section 503 Focused Reviews. Long a priority Director Craig Leen, the Agency is hopeful the reviews will improve compliance with the regulations and promulgate EEO for Individuals with Disabilities. Read More

BREAKING NEWS: Judge Vacates Stay of EEO-1 Pay Data Reporting Tool
March 4, 2019

As Bloomberg Law first reported, the U.S. 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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