Overview

Equal employment opportunity is a fundamental legal requirement at both federal and state levels. Since the enactment of Title VII of the Civil Rights Act of 1964, Constangy attorneys have guided employers in understanding and complying with evolving EEO laws—and when needed, defending them against claims.

Our attorneys are well-versed in Title VII principles, including disparate impact theory, and help clients develop legally sound policies and procedures that align with business goals while ensuring compliance.

We also recognize the political and regulatory shifts that come with changes in administration, impacting enforcement priorities of the EEOC, OFCCP, and state fair employment agencies. Whether it's navigating new interpretations of workplace protections, addressing federal and state contractor obligations, or advising on Diversity, Equity, and Inclusion compliance, we help employers stay ahead of evolving legal landscapes.

Our EEO/Contractor Compliance, Reporting & Analytics Practice Group provides tailored compliance strategies to help businesses mitigate risk, enhance workplace inclusion, and meet legal obligations. With insights in EEO and contractor compliance, federal and state reporting, workforce analytics, and pay transparency and pay equity, we provide the advice and tools you need to mitigate risks and maintain compliance.

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What Sets Us Apart

At the forefront of EEO compliance, our team offers unparalleled experience in federal and state anti-discrimination laws and regulations. We focus on the latest trends in pay transparency, DEI-related compliance, and federal and state-specific reporting requirements.

Our approach is proactive and comprehensive, blending deep legal knowledge with practical approaches to ensure your organization not only meets compliance obligations, but can also optimize workplace diversity and inclusion. Whatever the focus or needs, we’re here to support clients in achieving their business goals.

What We Do

Our full range of compliance, reporting, and analytics services includes:

EEO Compliance

Employers face a constant stream of legal challenges related to workplace policies and employment decisions. Our team provides strategic guidance to minimize risk before disputes arise, and when litigation is unavoidable, our employment litigators are ready to defend claims.

Our EEO compliance services include:

  • In-depth guidance on federal and state anti-discrimination laws, including Title VII, ADEA, ADA, EPA, PWFA, and GINA.
  • Advice on emerging and evolving EEO issues, such as use of artificial intelligence by employers, LGBTQ+ compliance, intersectional discrimination, and pregnancy discrimination and accommodations.

Pay Transparency and Pay Equity

As pay equity and transparency laws evolve, businesses must ensure compliance while fostering fair compensation practices. Our team helps organizations conduct privileged pay equity audits, reducing risk, ensuring compliance, and navigating the patchwork of state and local pay transparency laws, including job posting requirements.

With decades of experience, our team of experienced attorneys and paralegals understand how pay data is scrutinized by regulators, agencies, and opposing counsel. We assist clients in navigating the intricacies of pay audits, compensation analysis, and reporting requirements, helping to identify and rectify disparities in compensation across gender, race, ethnicity, and other protected characteristics.

Constangy has successfully defended employers in pay discrimination litigation and class actions, helping businesses reduce liability while maintaining competitive compensation structures. Our practical approach allows organizations to triage pay equity concerns, implement corrective actions, and build long-term compliance strategies.

Our pay transparency and pay equity services include:

  • Pay equity audits & analyses – Conducting statistical reviews of compensation data to identify and address disparities based on gender, race, ethnicity, and other protected characteristics.
  • Pay transparency compliance – Advising on state and local job posting salary disclosure laws and develop compliant pay transparency policies.
  • Compensation policy development & training – Assisting in structuring pay equity and transparency policies and provide customized training for HR teams, in-house counsel, and leadership.
  • Risk assessment & mitigation – Identifying pay equity risks and implement proactive strategies to reduce liability.
  • Pay data reporting compliance – Ensuring compliance with state-mandated pay data reporting and provide guidance on data collection, analysis, and submission best practices.

With pay equity and salary disclosure laws under increased scrutiny proliferating, our team helps employers stay compliant while maintaining competitive and equitable compensation strategies.

Workforce Analytics

Workforce analytics play a critical role in EEO and DEI compliance by helping employers assess employment decisions, workforce demographics, and selection processes for potential disparities. Proactive analysis helps mitigate legal risk, improve decision-making, and ensure compliance with the EEOC’s Uniform Guidelines on Employee Selection Procedures, which require employers to monitor for adverse impact based on race, ethnicity, or sex.

Our team helps businesses evaluate hiring, promotion, and selection practices to identify and address potential risks before they lead to legal challenges.

Our privileged and confidential workforce analytics services include:

  • Assessing hiring and promotion processes for adverse impact based on race, ethnicity, sex, or other protected characteristics.
  • Comparing workforce demographics to estimated availability to gauge effectiveness of recruitment efforts.
  • Evaluating pre-employment tests and selection assessments to ensure compliance with EEOC guidelines and prevent bias.
  • Analyzing RIF (Reduction-in-Force) assessments plans to mitigate risk.
  • Conducting pay equity analyses to ensure fair compensation practices.
  • Preparing workforce data insights for compliance and strategic decision-making.

With data-driven insights, our team helps employers proactively address workforce risks, maintain compliance, and build fair, legally sound employment practices.

Diversity, Equity, & Inclusion (DEI) Litigation, Compliance & Risk Mitigation

Diversity, Equity, and Inclusion compliance is evolving, with increasing legal and public scrutiny. Employers must ensure that their DEI policies align with anti-discrimination laws. There is no one-size-fits-all approach, and we help organizations navigate this complex landscape by crafting legally sound, business-aligned DEI strategies.

At Constangy, we have long counseled clients on creating workplace cultures rooted in fairness, respect, and belonging. Whether your organization refers to these programs as “DEI”, “Inclusion & Diversity”, or “Employee Engagement & Belonging”, we guide you through shifting legal interpretations to mitigate risk while maintaining workplace inclusivity.

Our DEI compliance services include:

  • Aligning DEI-related initiatives with federal and state anti-discrimination laws.
  • Assisting HR and in-house counsel with litigation prevention and defending employers when their practices are challenged.
  • Reviewing or drafting discrimination and harassment policies, codes of conduct, workplace respect guidelines, or other DEI-related policies and initiatives.
  • Conducting diversity assessments and DEI policy audits.
  • Advising on lawful DEI strategies, including internal benchmarks or voluntary goals, where permitted.
  • Developing DEI change management strategies to support leadership in implementing inclusive workplace practices.
  • Providing customized DEI compliance training for executives and HR teams.
  • Creating recruitment and retention strategies to increase workforce diversity and promote advancement opportunities.
  • Crafting internal and external DEI communication strategies.

Constangy is committed to helping employers create inclusive, compliant workplaces while mitigating legal risks. We partner with organizations to build resilient, legally sound DEI frameworks that support business objectives.

OFCCP Compliance

Constangy’s OFCCP compliance team has decades of experience advising federal contractors on affirmative action laws and navigating audits, investigations, and certifications enforced by the Office of Federal Contract Compliance Programs (“OFCCP”). While different administrations shift enforcement priorities, our team remains focused on helping contractors proactively manage compliance obligations and mitigate risks.

The revocation of Executive Order 11246 in 2025 marked a significant turning point for federal contractors. With the removal of longstanding affirmative action requirements, employers must now navigate new and complex legal interpretations regarding workforce diversity efforts. However, contractors remain obligated to comply with federal anti-discrimination laws, such as Title VII, Section 503 of the Rehabilitation Act, and VEVRAA, which continue to mandate non-discrimination and affirmative action for individuals with disabilities and protected veterans.

Constangy attorneys have worked in this space since the inception of affirmative action laws, with one of our own attorneys present at the adoption of Executive Order 11246 and serving as chair of the first ABA Equal Employment Opportunity Committee. This experience allows us to provide historical perspective, legal insight, and practical strategies to help contractors successfully comply with OFCCP regulations.

Our OFCCP compliance services include:

  • Developing and implementing affirmative action plans (AAPs) under Section 503 and VEVRAA.
  • Guiding contractors through regulatory changes post-Executive Order 11246 and advising on legally permissible voluntary efforts.
  • Defending employers in OFCCP audits, compliance reviews, and corporate management evaluations.
  • Assessing jurisdictional coverage and advising on federal, state, and local contractor obligations.
  • Conducting internal audits to identify and mitigate risks before OFCCP scrutiny.
  • Training legal teams, HR professionals, and managers on OFCCP compliance obligations and best practices.
  • Advising on outreach and recruitment strategies that meet contractor obligations.
  • Providing strategic, preventative legal guidance to ensure long-term compliance.
  • Performing mock audits to strengthen compliance efforts and reduce risk.

Constangy’s team of attorneys and compliance specialists ensures that contractors receive comprehensive support—from AAP development and audit defense to internal compliance training and risk mitigation strategies. Whether your organization is facing an OFCCP audit or seeking to proactively adapt to regulatory changes, our team is here to help you stay compliant while protecting your business interests.

State-Mandated Affirmative Action Compliance

Many states impose compliance obligations on contractors. Our team helps businesses navigate evolving state and local contractor regulations, including those in Minnesota, Wisconsin, New Jersey, and the City of Madison.

Our state contract compliance services include:

  • Preparing jurisdiction-specific affirmative action plans.
  • Ensuring compliance with local contractor reporting requirements.
  • Advising on state and municipal contractor obligations.

Federal and State Reporting

Federal and state reporting requirements vary based on employer size and location, making compliance complex. Our team ensures businesses understand their obligations, submit accurate reports, and stay ahead of evolving regulations.

We assist with:

  • EEO-1 Reports for employers with 100+ employees, ensuring timely and accurate submissions.
  • VETS-4212 Reports for federal contractors under VEVRAA, meeting annual compliance requirements.
  • State-specific reporting, including California, Illinois, and Massachusetts.

Why Choose Us?

Our team provides actionable insights and compliance strategies tailored to your organization. We help clients navigate the complexities of EEO and OFCCP compliance, meet reporting obligations, and promote workforce inclusion.

How can we partner with you to navigate compliance and foster belonging in your workplace? Reach out today to discover how our EEO/Contractor Compliance, Reporting & Analytics Practice Group can assist you!

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