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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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See All Webinars

Feb 27

Register Now

What to Expect When You’re Expecting… An OFCCP Audit

February 27, 2018 - 2:00 PM to 3:30 PM EST
Credits: CLE - Pending, HRCI - 1.0, SHRM - 1.0
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Archived

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The Amended Massachusetts Equal Pay Act: One Year Out

September 14, 2017 - 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

Watch Now

The Amended Massachusetts Equal Pay Act: One Year Out

August 21, 2017 - 3:00 PM to 4:00 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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See AllPublications

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August 30, 2017

EEOC Pay Reporting Obligations Suspended

August 30, 2017

In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligations. Prior to this directive issued... Read More

August 16, 2017

Affirmative Action in College Admissions to Become a Justice Department Priority?

August 16, 2017

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights Division (CRD). The announcement, The Times said, directs the Division to redirect resources to investigate and... Read More

June 21, 2017

Removal of Fair Pay and Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

June 21, 2017

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not to wait for the formal rescission to ensure certain contract clauses are not in new or existing government... Read More

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See AllIn the News

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January 23, 2018
Bloomberg BNA

Matthew Camardella Comments on Increasing Diversity in the Tech Sector

January 23, 2018

Matthew Camardella comments on compliance obligations and diversity in the tech sector in "Tech Sector Diversity: More Rules May Not Be the Answer," published by Bloomberg BNA. Subscription may be required to view article Read More

November 1, 2017
Law 360

Jackson Lewis' Recently Elevated Principals Featured by Law 360

November 1, 2017

Jackson Lewis’ newly elevated Principals were highlighted in "Law360 Names Attys Who Moved Up The Firm Ranks In Q3," published by Law360. Subscription may be required to view article Read More

September 27, 2017
Bloomberg BNA

Michelle Phillips Comments on EEOC Reporting for Non-Binary Employees

September 27, 2017

Michelle Phillips comments on reporting non-binary employees on the current EEO-1 form in "When Workers Aren't Male or Female, EEOC Reporting Is Complex," published by Bloomberg BNA. Subscription may be required to view article Read More

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See AllBlogs

Changes to EEO-1 Reporting for Employees at Client Sites
February 15, 2018

As we shared previously, the portal is currently open for EEO-1 Reporting.   In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees. Read More

Proposed Budget Seeks to Cut DOL Funds
February 12, 2018

The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor.  While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC. Read More

Breaking News: CSALs Are In the Mail
February 5, 2018

OFCCP’s website has been updated to reflect that the Agency placed 1,000 Corporate Scheduling Announcement letters in the mail on February 1, 2018.  We have seen one of the letters – it is dated January 31, 2018, signed by new OFCCP Director Ondray Harris, and addressed generically to the “Human Resources Director.”  OFCCP last issued...& Read More