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OVERVIEW

Affirmative Action/OFCCP Compliance ON YOUR TEAM

Attorneys in our Labor and Employment Department represent contractors and subcontractors in all aspects of their affirmative action obligations, including compliance with the Office of Federal Contract Compliance Programs (OFCCP) regulations.

Policies and regulations are always changing. We use our knowledge and resources to help you stay ahead of the curve and work with you to prepare and review affirmative action plans by:

  • Making sure they comply with E.O. 11246, Rehabilitation Act and Vietnam Era Veterans Readjustment Act
  • Developing and reviewing goal setting reports, personnel activity reports (paper and online applications, promotions, terminations), goal achievement, progress reports, discrimination analyses and outreach programs
  • Conducting compensation/pay equity analyses in accordance with OFCCP methodology
  • Developing affirmative action compliance programs to comply with various state and local requirements

We also have experience assisting organizations with OFCCP Compliance Review involving:

  • Pre-audit compliance reviews
  • Representing and defending organizations in OFCCP desk audits, on-site compliance reviews, compensation audits and glass ceiling reviews
  • Negotiating conciliation agreements if OFCCP identifies a compliance issue(s)
  • Defending organizations against individual or class action OFCCP claims of discrimination

It is also vital to keep accurate records and provide managers and supervisors with the proper training regarding these regulations. We can:

  • Assist organizations with self-identification surveys
  • Assist organizations with their annual EEO-1 and Vets-100/100A Reports
  • Develop document retention policies and procedures specific to requirements of government contractors and subcontractors
  • Provide onsite or webinar training of managers and supervisors on affirmative action obligations, including training specific to the hiring process
  • Facilitate onsite or webinar training of recruiters and human resource professionals on all aspects of affirmative action compliance, including applicant tracking, developing an affirmative action plan, compensation analyses, outreach programs, and preparing for an OFCCP audit
EXPERIENCE
  • A non-profit health care organization sought Barnes & Thornburg LLP's assistance after an adverse finding by the government as part of an affirmative action audit. With the firm's assistance, the client successfully negotiated a conciliation agreement with the government. The audit has now been concluded with no further adverse findings.
  • Barnes & Thornburg assisted this client with an OFCCP compliance review. This was a difficult audit due to recordkeeping issues. Ultimately, we were able to help the client successfully close this audit.
  • Barnes & Thornburg LLP has provided general advice relating to affirmative action plans for a health care assessment company.
  • Barnes & Thornburg presented training to this client’s in-house legal and HR staff on affirmative action compliance. The firm has since assisted the client with defending a number of affirmative action compliance evaluations for the company’s various subsidiaries.
  • Defended and closed two affirmative action audits for one of the nation's largest accounting and consulting firms. The organization has 25 facilities with 2,400 personnel and serves clients worldwide in more than 400 cities.
  • The firm assisted a national non-profit social services agency in successfully defending a federal government affirmative action audit. The audit was closed with no findings of violations.
  • The firm was retained to provide advice to this client’s in-house counsel on affirmative action matters. We are currently defending an affirmative action audit by the federal government, on behalf of the client.
  • This client engaged our firm after an adverse finding by the federal government in an affirmative action audit. We assisted the client in negotiating a conciliation agreement with the federal government. Pursuant to that agreement, periodic reports were required. We have guided the client through that process and the audit has now been successfully closed.
PROFESSIONALS

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