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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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Dec 5

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OFCCP Year in Review, and a Look Ahead to 2020

December 5, 2019 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

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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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November 1, 2019

President Trump EO Revokes Workers’ Right of First Refusal with Successor Service Contract Employers

November 1, 2019

President Donald Trump signed an executive order on October 31 revoking the obligation of successor government service contract employers to offer their predecessor employers’ employees the right of first refusal in positions for which they are qualified. “Executive Order on Improving Federal Contractor Operations by Revoking... Read More

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

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November 5, 2019
Bloomberg Law

Laura Mitchell Comments on Implications of DOL Proposed Rule Exempting TRICARE Providers from Discrimination Audits

November 5, 2019

Laura Mitchell comments on the implications of DOL’s recently proposed rule suggesting alternative option to exempting medical providers from workplace discrimination audits in “TRICARE Hospitals Would Dodge Bias Audits Under DOL Proposal,” published by Bloomberg Law. Subscription may be required to view article Read More

November 4, 2019
POLITICO

Leslie Stout-Tabackman Discusses Obama-Era Contractor Regulations in Response to Recent Trump Executive Order

November 4, 2019

Leslie Stout-Tabackman discusses the implications of President Trump’s Executive Order revoking the obligation of successor government service contract employers to offer employees the right of first refusal in positions for which they are qualified in “Judge halts insurance mandate,” published by POLITICO. Subscription may be... Read More

October 15, 2019
Bloomberg Law

Laura Mitchell Comments on Record $27M Collected from Federal Contractors in Bias Settlements

October 15, 2019

Laura Mitchell comments on record-setting collections from federal contractors for workplace discrimination settlements totaling $27 million by the Office of Federal Contract Compliance Programs in 2019 in “Labor Department Agency Collects Record $27M in Bias Settlements,” published by Bloomberg Law. Subscription may be required to... Read More

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OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices
November 14, 2019

In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN).  The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice o Read More

OFCCP Releases Construction Contractor Technical Assistance Guide
November 13, 2019

Furthering the Agency’s commitment to providing contractors with ongoing Technical Compliance Assistance, OFCCP has released a Guide to assist construction contractors navigate compliance with their equal employment opportunity obligations. Read More

OFCCP Will Investigate Veteran Spouse Treatment During Audits
November 8, 2019

As Veteran’s Day nears, OFCCP is keeping federal contractor’s busy reviewing the latest efforts the Agency is undertaking to ensure employers are in compliance with non-discrimination and affirmative action obligations for protected veterans. 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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