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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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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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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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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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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

June 6, 2018
Wolters Kluwer Employment Law Daily

Tasos Paindiris Discusses Best Practices for EEOC, DOL and NLRB Compliance

June 6, 2018

Tasos Paindiris discusses how employers can handle various challenges from the three federal agencies that most impact the labor and compliance environment in "Check-In: EEOC, DOL and NLRB Compliance," published by Wolters Kluwer.   Read More

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OFCCP Issues Directive Regarding Religious Freedom
August 13, 2018

As we reported last week, in light of three Supreme Court cases addressing religious freedoms, OFCCP has issued a new Directive 2018-3 and a press release regarding “religion-exercising” organizations and individuals. The Directive sites three recent Supreme Court cases as well as Executive Orders issued by President Trump. Read More

By Laura A. Mitchell and Chris Chrisbens

OFCCP Focused Reviews to Begin in Fiscal Year 2019
August 12, 2018

In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019.  OFCCP’s fiscal year begins October 1. Read More

OFCCP Issues Two New Directives Addressing Focused Reviews and Religious Discrimination
August 10, 2018

As discussed during the 2018 ILG National Conference, Acting Director Craig Leen has released a Directive formalizing OFCCP’s plans to start initiating focused reviews.  Acting Director Leen, simultaneously released a Directive addressing religious discrimination – a topic not broadly (or otherwise) discussed during the Agency 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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