dcsimg Affirmative Action and OFCCP Compliance

Affirmative Action and OFCCP Compliance

A History of Experience

McGuireWoods has more than 40 years of experience helping federal government contractors and subcontractors comply with the detailed regulations promulgated by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). We also have in-depth experience representing contractors across the country in all phases of OFCCP compliance reviews and in administrative proceedings. Given OFCCP’s aggressive focus on alleged systemic discrimination in hiring and compensation, engaging skilled counsel to provide guidance on affirmative action matters and audit defense is becoming increasingly important.

Affirmative Action Plan Development and Compliance Services

McGuireWoods works with contractors to develop comprehensive, legally defensible and cost-effective systems to effectively comply with OFCCP regulations. For example, we advise clients every day regarding affirmative action matters such as:

  • Designing and preparing Affirmative Action Plans (AAPs).
  • Evaluating jurisdiction to determine whether, and to what extent, companies are subject to OFCCP requirements.
  • Determining who is and who is not an “applicant” under OFCCP rules.
  • Collecting and analyzing employment data for affirmative action plans.
  • Soliciting race and gender information from candidates.
  • Designing paper and electronic application systems for appropriate tracking of job candidates and related decision stages.
  • Developing tailored disposition codes for tracking outcomes regarding expressions of interest and “applicants” considered by contractors.
  • Implementing employee selection and testing procedures that comply with the Uniform Guidelines on Employee Selection Procedures.
  • Deciding which employees should be included in which AAP.
  • Instituting legally sufficient record retention programs.
  • Preparing analyses that comply with OFCCP regulatory requirements without needlessly making admissions against a company’s interests.
  • Compiling privileged disparity analyses and providing advice regarding potential corrective measures.
  • Evaluating, defending and revising compensation systems.
  • Training contractor staff to update and monitor employment tracking and compliance efforts.
  • Identifying referral sources and resources for contractors to satisfy outreach and accommodation obligations for qualified veterans and individuals with disabilities.

Audit Defense

Our affirmative action team includes partners, associates and paralegals whose practices focus on OFCCP matters. The team provides expert counsel and a vigorous defense for contractors during OFCCP compliance reviews. We prepare clients for OFCCP audits, respond to desk audit requests and defend on-site reviews. When compliance problems have been identified, we have extensive experience negotiating conciliation agreements successfully with OFCCP offices in various regions throughout the country, as well as with national OFCCP officials. In addition, when conciliation is not in the best interest of our clients, we aggressively and successfully defend contractors in enforcement proceedings.

Consulting Services and Government Relations

In addition to our legal team’s practical expertise with OFCCP regulations and audits, our federal contractor clients are well-served by the extensive contacts and knowledge of the firm’s government relations team at McGuireWoods Consulting. This team brings an insider’s perspective on how politically-influenced enforcement priorities are set, and by whom. Working closely with both Democrats and Republicans, the team builds relationships, gathers information, analyzes opportunities and works to solve problems for clients.

CONTACTS

Brian D. Barger Partner T: +1 704 343 2072
W. Carter Younger Counsel T: +1 804 775 4363
Paul M. Navarro Partner T: +1 704 343 2183
Results 1-5 of 5

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

International manufacturer

Guided an international manufacturer with 85,000 employees at more than 100 locations in 27 countries in the development and updating of their affirmative action plans at all U.S. establishments.
Representative Matter

Regional financial institution

Effectively defended a regional financial institution with assets of $4.9 billion during multiple on-site compliance reviews and the resulting favorable conciliation agreement negotiations and implementation.
Representative Matter

Manufacturing and distribution companies

Excluded manufacturing and distribution companies from alleged OFCCP jurisdiction under single entity and other theories.
Representative Matter

Major national bank

Litigated on behalf of a major national bank against ongoing OFCCP challenges to its non-discriminatory hiring practices.
Representative Matter

Various employers

Collaborated with IO psychologists and testing experts to structure nationwide employment testing programs that comply with the Uniform Guidelines on Employee Selection Systems.
Results 1-5 of 5
Brian D Barger Brian D. Barger
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2072
F: +1 704 343 2300
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Jasmine C. Marchant
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2215
F: +1 703 444 8782
vCard
Elena D Marcuss Elena D. Marcuss
Partner
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4454
F: +1 410 659 4547
vCard
Paul M Navarro Paul M. Navarro
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2183
F: +1 704 444 8760
vCard
Bruce M Steen Bruce M. Steen
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6244
F: +1 704 353 6200
vCard
Melissa L Taylormoore Melissa L. Taylormoore
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5479
F: +1 703 712 5229
vCard
W. Carter Younger W. Carter Younger
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4363
F: +1 804 698 2214
vCard
Results 1-2 of 2
Event

Meeting OFCCP Compliance Challenges in 2014

December 5, 2013
Richmond, VA
Event

California Employment Law Developments

December 5, 2012
Complimentary Webinar
Results 1-2 of 2