OFCCP, Affirmative Action & Diversity
Our firm regularly assists employers in the creation, ongoing maintenance, and implementation of affirmative action plans (AAP) that are consistent with applicable statutes and regulations. The firm also has experience developing AAPs in accordance with state affirmative action laws. In offering these services, we provide practical counsel based on the results of AAP analyses and assist with the implementation of AAPs (such as identifying action-oriented goals, restructuring job groups where appropriate and in compliance with the law, identifying outreach organizations in meet ongoing goals, etc.). As a result, AAPs prepared by our firm have withstood the scrutiny of the OFCCP. Whether part of a regular compliance process or in the midst of an OFCCP audit, our firm also conducts a broad range of statistical analyses related to internal monitoring and reporting, such as adverse impact analyses and compensation analyses, to help clients identify areas in which they are susceptible of adverse findings in an administrative audit.
Where OFCCP audits are involved, our firm has extensive experience representing federal contractors in OFCCP compliance reviews. Our work has involved assisting with and editing AAPs for OFCCP review; analyzing AAP processes (such as adverse impact analyses with respect to personnel activities and compensation analysis); strategizing with our clients to maximize success at the audit stage; self-auditing on-site functions and documentation to prepare for an on-site visit; preparing witnesses for OFCCP interviews; and negotiating with OFCCP regarding information requests and findings during an audit.
Finally, we train high-level executives, HR professionals and recruiters and other professionals in preparing their AAPs and following to OFCCP regulations, particularly with respect to recruitment obligations and applicant tracking. Our training program is geared to our client's specific needs and is interactive to maximize audience participation and learning.