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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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May 16

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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: CLE - Pending, HRCI - 1.0, SHRM - 1.0
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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 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: NJ Governor Poised to Enact Equal Pay Act on Equal Pay Day

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

March 5, 2018

Massachusetts AG’s Office Issues Guidance on Equal Pay Law Set to Take Effect in July

March 5, 2018

On March 1, 2018, the Massachusetts Office of the Attorney General issued its much-anticipated guidance on the state’s new pay equity law, set to take effect on July 1, 2018. The Massachusetts pay equity legislation amended the state’s Massachusetts Equal Pay Act (MEPA). Among other things, the amendment changed the definition of... Read More

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April 6, 2018
Law 360

Joy Chin Comments on Implications of the Pay Equity Gap

April 6, 2018

Joy Chin comments on implications of states passing equal pay laws that will make it easier for workers to prove equal pay claims in "GC Cheat Sheet: The Hottest Corporate News Of The Week," published by Law360. Subscription may be required to view article Read More

April 1, 2018
Chief Executive

Joy Chin and Eric Felsberg Discuss the Value of Using Data to Boost Business Operations

April 1, 2018

Joy Chin and Eric Felsberg comment on the business benefits of data analytics in Chief Executive Magazine's "Leveraging Business Intelligence." Read More

March 30, 2018
Law 360

Joy Chin Comments on Implications of Recent Pay Equity Trends

March 30, 2018

Joy Chin comments on the implications of recent pay equity trends, including states strengthening existing laws aimed at narrowing pay gaps in "Step Up On Pay Equity Or Get Caught Flat-Footed, Attys Warn," published by Law360. Subscription may be required to view article Read More

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EEO-1 Filing Deadline Extended
April 22, 2018

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018. Read More

Breaking News: OFCCP Could Be Close To Rescinding Current Compensation Directive
April 19, 2018

Bloomberg Law is reporting OFCCP may soon rescind the controversial Directive 307, which has been in place since early 2013, and sets out the Agency’s current methodology for analyzing pay.  In its place, Bloomberg reports OFCCP will direct compliance officers to review compensation based on pay groupings established by the contract Read More

OFCCP Discloses Audit Scheduling Methodology
April 18, 2018

In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit.  The two-page document walks through, step-by-step, the process OFCCP undertook to identify establishments for the “first release of the FY 2018 Supply and Service scheduling list.”  As the release expla Read More