OFCCP/Affirmative Action Plans

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With many of our clients serving as government contractors or subcontractors, our Labor and Employment Group features a preeminent, nationwide affirmative action compliance practice. We have extensive experience providing clients with the full range of affirmative-action-related compliance services through each and every step of the process — from determining whether our clients are subject to the jurisdiction of the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) under Executive Order 11246, the Rehabilitation Act, and/or the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA); to developing affirmative action plans (AAPs) and representing contractors and subcontractors in compliance reviews or audits conducted by the OFCCP. Some additional services we provide include:

  • Counseling clients on compliance with the recent, substantial regulatory changes to the affirmative action obligations towards veterans and individuals with disabilities under VEVRAA and the Rehabilitation Act.
  • Helping new federal contractors or subcontractors set up their initial affirmative action plans (AAPs) and associated tracking mechanisms.
  • Preparing AAPs in a cost-effective manner using a custom database program; we perform this work for smaller clients with a single AAP and for large, nationwide contractors with many AAPs.
  • Representing clients being audited or investigated by the OFCCP; in this capacity, we act as either the direct contact point with the OFCCP or provide advice and counseling "behind the scenes," both in standard compliance evaluations and in "Corporate Management Reviews (CMRs)"/"Glass Ceiling" audits.
  • Conducting mock audits to identify vulnerabilities that would be identified by the OFCCP in an audit and recommending steps to address those vulnerabilities.
  • Conducting rudimentary compensation analyses that track those performed by the OFCCP at the desk audit stage or team with labor economists to conduct sophisticated regression analyses of compensation, to challenge any alleged disparities, or to prepare for litigation.
  • Developing comments in response to proposed affirmative action and related regulations on behalf of the U.S. Chamber of Commerce.
  • Providing on-site, video conference, and web-based training on all aspects of affirmative action compliance and diversity.

We draw upon our extensive knowledge of sophisticated statistical data analysis methodologies, and have counseled numerous clients on the best statistical approaches to satisfy their affirmative action obligations and to provide some measure of protection in the context of actual or threatened class action litigation.

Much of our work in this arena, including mock audits and compensation analyses, is amenable to fixed-fee or other alternative fee arrangements.

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