Affirmative Action and OFCCP Compliance
Given the Office of Federal Contract Compliance Programs’ aggressive focus on alleged systemic discrimination in hiring, compensation and pay equity, engaging skilled counsel to provide guidance on affirmative action matters and audit defense is increasingly important. Our team, which includes a former OFCCP deputy director, represents clients in some of the largest OFCCP compliance audits in the country, as well as in complaint investigations and enforcement litigation. We also design and prepare affirmative action plans (AAPs).
Affirmative Action Plan Development & Compliance Services
McGuireWoods works with contractors to develop comprehensive, legally defensible and cost-effective systems to effectively comply with OFCCP regulations. We advise clients regarding affirmative action matters such as:
- Designing and preparing 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 AAPs
- 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 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 & Enforcement Litigation
Our affirmative action team includes partners, associates and paralegals whose practices focus on OFCCP matters. The team vigorously defends contractors during OFCCP compliance reviews, prepares clients for OFCCP audits, responds to desk audit requests and defends on-site reviews. When compliance issues are identified, we have successfully negotiated conciliation agreements with OFCCP offices in 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 defend contractors in enforcement proceedings before the Office of Administrative Law Judges and the Department of Labor’s Administrative Review Board.
Consulting Services & Government Relations
In addition to our legal team’s experience 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. The team builds relationships with lawmakers, gathers information, analyzes opportunities and works to solve problems for clients.