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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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Jul 23

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Contractually Speaking: EEO-1 Component 2 Reporting Update

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

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Update on EEO-1 Pay Data Reporting – Getting Ready to File

July 9, 2019 - 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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Contractually Speaking: OFCCP Mid-Year Update

June 25, 2019 - 2:00 PM to 2:30 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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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

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

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June 6, 2019
Jackson Lewis

Eric J. Felsberg of Jackson Lewis is Named to the National Law Journal’s List of Technology Law Trailblazers

June 6, 2019

Melville, NY (June 6, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Eric J. Felsberg has been named to The National Law Journal’s list of Technology Law Trailblazers. Mr. Felsberg has been recognized for moving the needle in the legal industry, and as someone who has made... Read More

June 1, 2019
The National Law Journal

Eric Felsberg is Spotlighted as a Trailblazer in Technology Law

June 1, 2019

Eric Felsberg is spotlighted as a legal professional who has moved the needle in the legal industry in "Trailblazers, Technology Law," published by The National Law Journal (page 79).  Subscription may be required to view article Read More

May 28, 2019
Newsday

Joy Chin Comments on Implications of the EEOC Setting a Deadline for Employers to Submit Pay Data

May 28, 2019

 Joy Chin comments on the implications of how small businesses preparing pay data on employees for submission to the EEOC in "Deadline set on reporting pay data to government," published by Newsday. Subscription may be required to view article.  Read More

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Updated Proposed Focused Review Scheduling Letters: OFCCP Still Seeks Substantive Revisions
July 19, 2019

This is the third of our series of blog posts on the Office of Management and Budget’s (OMB) July 1 request for comments on OFCCP’s updated proposed scheduling letters.  For background, OFCCP first proposed changes to its existing compliance check, establishment review, and focused review scheduling letters in April, and received comments Read More

EEO-1 Pay Data Reporting Portal Open for Manual Reporting, User Guide Now Available
July 15, 2019

On schedule, EEOC has opened the portal for filing 2017 and 2018 EEO-1 Component 2 reports. Here’s the catch, however:  According to updates on the Component 2 website, the reporting portal is “operational and available for viewing by the public,” however, as it previously advised, batch reporting will not be available until mid-August. Read More

Data System Security Info and File Specifications Added to EEO-1 Pay Data Reporting Website
July 11, 2019

As July 15th draws closer, EEOC and NORC are ramping up for opening of the EEO-1 Component 2 Pay Data reporting portal. As part of these efforts, they are consistently providing new information on the reporting obligation.  Most recently, the reporting website has been updated to include assurances from NORC on data system security in... 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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