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
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
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.