Practice Areas & Industries: Constangy, Brooks, Smith & Prophete, LLP


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Practice/Industry Group Overview

Development of affirmative action plans, compensation analysis, defense of OFCCP compliance reviews and "glass ceiling" audits, response to EO Surveys, management training on these issues. Policy development, preventive advice, and management training in the areas of employment selection processes, affirmative action record keeping, and all other areas of affirmative action law.

The attorneys on Constangy’s Affirmative Action team are conveniently located throughout our offices and are ready to assist you with jurisdictional questions, plan preparation, the defense of OFCCP compliance reviews, and "Glass Ceiling" audits. They can analyze your compensation for 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."

Constangy’s Affirmative Action team is also unique in that it has a complement 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. The team always uses up-to-date plan development software to ensure compliance.

The Affirmative Action team now offers Recent Developments Webinar Series, as well as Training Webinars on specific affirmative action topics.

The Affirmative Action team has experience with clients in the following industries, among others:

  • Health care
  • Manufacturing
  • Textile and apparel
  • Food
  • Insurance
  • Banking

Affirmative Action Representative Matters

Represented companies in innumerable compliance reviews conducted by the Office of Federal Contract Compliance Programs ("OFCCP").

Represented companies in Corporate Management ("Glass Ceiling") 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 using "whole person" rule in determining under representation.

Prepared for companies numerous Affirmative Action Plans, compensation analyses, EEO-1 and VETS-100 Reports, compliance checks, various workforce statistical analyses, and now-defunct EO Surveys.