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Companies that have contracts with the federal government are subject to anti-discrimination and affirmative action regulations.  The Office of Federal Contract Compliance Programs (OFCCP), which is part of the U.S. Department of Labor, is responsible for enforcing affirmative action regulations.  The OFCCP has increased its enforcement activity in recent years, making it very important for government contractor employers to develop accurate and compliant affirmative action plans and correct potential issues before an OFCCP desk audit or investigation.

The firm regularly advises federal government contractors on issues associated with affirmative action compliance.  The firm’s attorneys help employers understand their affirmative action obligations as federal contractors.  Our practice includes identifying and addressing potential affirmative action issues, developing affirmative action plans (AAPs), conducting analyses of the contractor’s workforce, and outlining affirmative action initiatives implemented by the contractor.  We work with contractors throughout the process to develop AAPs and related policies, including equal employment opportunity/anti-discrimination, document retention, applicant tracking, hiring, promotion, and termination policies. The firm also assists contractors with data collection, data analysis, and preparation or review of EEO-1 and VETS-4212 reports.  In the event of a compliance review by the OFCCP, the firm has prepared and defended employers through information requests, desks audits, and on-site audits.

Representative Experience:

The firm successfully resolved a two-year Department of Labor OFCCP investigation and audit of a government contractor client’s affirmative action plan with a conciliation agreement that resulted in no financial penalties or back wages.

 

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