Affirmative Action/OFCCP Compliance

Affirmative Action is more than just numbers. It is not enough to simply plug information into a preset formula and generate a generic plan. You need to be compliant, proactive and aware.

Constangy's affirmative action team has more than 150 years combined experience in affirmative action and enforcement by the Office of Federal Contract Compliance Programs (“OFCCP”). We are familiar with the recent regulatory changes implemented by the OFCCP, have presented many training sessions on the changes and are well prepared to assist you in preparing for and continuing compliance with these obligations.

What Sets Us Apart

Our affirmative action work began in the late 1960s. In fact, one of our attorneys was present at the adoption of the original Executive Order 11246 and chaired the first Equal Employment Opportunity Committee of the American Bar Association. This type of experience helps us give you a strategic advantage.

Throughout the firm's long history in preparing affirmative action plans for clients and assisting during compliance reviews, we have maintained a superlative track record of audit results. Each year, we create and manage hundreds of plans for clients of all sizes across the entire United States and U.S. territories.

We focus on helping you identify and avoid potential discrimination issues – but also have the experience and judgment to avoid overreactions that could cost your company unnecessary money and leave you vulnerable to allegations of reverse discrimination. All of our affirmative action attorneys have substantial experience in employment discrimination litigation as well, so they can analyze the employment practices of "the whole client."

In addition to experienced attorneys, we have a network of affirmative action specialists – individuals with paralegal and human resources backgrounds who can prepare affirmative action plans and perform many other aspects of affirmative action compliance at a lower hourly rate. Because the attorneys and the specialists work together as a team, clients get the best of both worlds – low-cost help on the more labor-intensive aspects of affirmative action compliance, but easy access to attorneys for areas in which the risk and potential exposure are higher.

What We Do

• Advise on jurisdictional issues
• Develop and implement affirmative action plans
• Analyze compensation, including use of multiple regression analysis
• Defend compliance and corporate management reviews
• Draft policies and help you communicate, enforce and defend them
• Provide preventive and strategic advice
• Train in-house attorneys, human resource teams, managers and employees on affirmative action compliance
• Perform mock audits
• Properly prepare and submit EEO-1 and VETS-4212 reports

Representative Matters

• Represented numerous companies in compliance reviews conducted by OFCCP.
• Represented numerous companies in Corporate Management ("Glass Ceiling") Compliance Reviews; all but one resulted in letters of compliance; remaining one ended with conciliation agreement with no monetary liability.
• Represented companies on complex or novel issues, such as OFCCP jurisdiction, definition of "applicant" for affirmative action purposes, establishment structure, and employment testing.
• Prepared numerous affirmative action plans, compensation analyses, EEO-1 and VETS-4212 Reports, compliance checks, various workforce statistical analyses, and now-defunct EO Surveys.

For more information about our Affirmative Action Services, please visit www.strategicaap.com.

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