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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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OFCCP Releases New Compensation Directive – What You Need to Know

September 19, 2018 - 2:00 PM to 3:15 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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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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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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September 17, 2018
Law Week Colorado

Laura Mitchell Discusses the OFCCP's New Guidance on Compensation Compliance Evaluations

September 17, 2018

Laura Mitchell discusses the new OFCCP directive outlining standard procedures for reviewing federal contractor compensation practices during compliance evaluations in "Contractors Get Much-Needed Clarity on Audits," published by Law Week Colorado.  Subscription may be required to view article Read More

August 9, 2018
Massachusetts Lawyers Weekly

Samia Kirmani Discusses the Massachusetts Equal Pay Act

August 9, 2018

Samia Kirmani discusses the recently enacted Massachusets Equal Pay Act and what it means for employers in "Law firms face their own MEPA perils, experts warn," published by Massachusetts Lawyers Weekly. Subscription may be required to view article Read More

July 25, 2018
Jackson Lewis

Weldon H. Latham Recognized Among “2018 Most Influential Black Lawyers” By Savoy Magazine

July 25, 2018

RESTON, VA (July 25, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal and Board Member Weldon H. Latham has been selected for inclusion on the “2018 Most Influential Black Lawyers” list by Savoy Magazine. The list is comprised of the “best of the best” of Black lawyers... Read More

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OFCCP Seeking Comment on Contractor Disability Inclusion Recognition Program
October 5, 2018

Appearing in today’s federal register is OFCCP’s request for comment on the proposed structure and details of the agency’s new Excellence in Disability Inclusion Award.  The award will highlight successful practices and strategies of contractors that have expanded and improved recruitment, hiring, retention, and promotio Read More

OFCCP and National Industry Liaison Group Enter into Memorandum of Understanding
October 2, 2018

In continued commitment to restoring the Agency’s relationship with the contractor community, OFCCP recently announced it has entered into a three-year Memorandum of Understanding (“MOU”) with the National Industry Liaison Group (“NILG”) in order to foster collaboration between the federal contractor community and OFCCP. Read More

By Laura A. Mitchell and Chris Chrisbens

OFCCP Revises Latest CSAL List
September 26, 2018

It appears OFCCP has made some updates to its latest Corporate Scheduling Announcement List release.  When accessing the current publicly available list through OFCCP’s website, the resulting file now displays a header which indicates the file contains “addresses updated as of September 24, 2018.”  Upon close review and 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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