Affirmative Action and OFCCP Compliance
Though government contracting presents numerous opportunities for business growth, it also exposes employers to extensive government oversight over relationships with their employees. To assist our clients in navigating this ever-changing regulatory web, lawyers in the Labor and Employment practice routinely counsel government contractors on their affirmative action obligations under Executive Order 11246, Section 503 of the Rehabilitation Act, and Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Specifically, our lawyers have extensive experience preparing affirmative action plans (AAPs) and providing strategic advice regarding compliance best practices. We help our clients track and collect extensive data, and we use sophisticated software to provide customized analyses of each client’s workforce, as well as narratives explaining the policies and practices our clients implement to meet their affirmative action goals and obligations. We also regularly provide training programs to ensure our clients have up-to-date information about new regulatory requirements and Office of Federal Contract Compliance Programs (OFCCP) enforcement trends and an understanding of ways they can increase the likelihood that any OFCCP inquiries end positively.
In the event of an audit, our lawyers are fully prepared to handle or assist our clients with the response to the OFCCP. We have the experience to prepare clients in advance for such audits, including conducting internal audits to identify problem areas, so clients have the peace of mind and confidence they need in the face of an otherwise stressful process. Our approach to representing employers in matters involving the OFCCP is to be fully prepared, firm and professional with agency representatives, ensuring that our client’s position of compliance is forcefully and convincingly presented.
Whether or not your business has interacted with the OFCCP before, working with our lawyers will ensure that your ability to demonstrate affirmative action compliance is maximized, and your risks minimized, so you can focus on achieving your business objectives.
Our lawyers regularly speak on affirmative action compliance and have worked with government contractors and subcontractors in a wide variety of industries. Some of our recent efforts on behalf of clients include completing eight separate AAPs for a large, multi-establishment financial institution and preparing AAPs covering the U.S. employees of the largest manufacturer of pressure gauges in Europe.
On July 13, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) revealed its latest updates to its proposed pay data collection rule applicable to federal contractors and employers with more than 100 workers. After reviewing over 300 comments from affected organizations, the EEOC has chosen to push back its deadline for employers to file their first reports under the new requirements f [...]