Practice Areas & Industries: Jackson Lewis P.C.

 




Affirmative Action and OFCCP Planning and Counseling Return to Practice Areas & Industries

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Practice/Industry Group Overview

For federal contractors, we regularly provide specialized assistance in developing and implementing affirmative action plans ("AAPs"). We identify pertinent labor market areas, analyze census-related statistical data; provide sample plan texts, notices, letters and policy statements; prepare utilization and availability analyses; set goals; and conduct impact ratio and compensation analyses. To help covered employers understand their affirmative action obligations and the procedure for plan development, we train management so they can update their plan annually without significant cost. We defend clients against the imposition of citations and allegations of discrimination in connection with audits by the Office of Federal Contract Compliance Programs ("OFCCP") and in related litigation brought on the OFCCP's behalf by the Solicitor's office of the U.S. Department of Labor. We also prepare AAPs for and defend against audits by state and local affirmative action agencies. To identify and resolve potential adverse impact and compensation disparity discrimination liability, we perform highly-specialized vulnerability audits. For federal contractors and non-federal contractors alike, we advise on implementing lawful diversity initiatives and voluntary AAPs, set-aside, and vendor and franchisee preference programs; counsel on affirmative action coverage issues; and conduct preventive analyses during downsizing.

Our Team Approach

Whether in routine affirmative action plan preparation, defending OFCCP audits or responding to allegations of individual or systemic discrimination, the Affirmative Action Practice Group uses a team approach. Experienced senior attorneys lead teams of junior attorneys, paralegals and database operators. Nationwide, there are over thirty team members in the highly specialized Affirmative Action Practice Group to ensure each client always can communicate with a professional knowledgeable about their company and project status.

Affirmative Action Plan Design and Preparation

Our approach to affirmative action plan preparation and design is never to consider your plan as a boilerplate document. Our affirmative action plan text and statistical reports are the product of years of experience. Our plans are “field tested” through the hundreds of OFCCP audits we defend annually. In addition to being compliant, the product you receive is strategically designed to present your company’s workforce demographics and personnel processes in the most favorable light. We realize that plan content must be designed not only to comply with the affirmative action regulations, but also to account for developing enforcement trends, various directives, applicable case law and the multitude of employment and labor laws that affect the workplace. Unlike most plan preparation providers, the Jackson Lewis Affirmative Action Practice Group uses attorneys to design your plan Success is your first order of business. Affirmative action structure and compose individual affirmative action plans. We do this at a price competitive with non-attorney preparers. In addition to knowledge of the affirmative action laws and regulations, our attorneys recognize that the content and structure of plans can influence the outcome of OFCCP audits or how other government agencies view your employment practices. For example, your job group structure will affect how the OFCCP analyzes your personnel selection trends. Similarly, EEO-1 category assignment can either support or contradict your assignment of exempt status. Our attorneys design, compose and review your plans with these concerns in mind. After the design and composition phase, paralegals and database operators take over to deliver a finished product. The final plans always are reviewed by attorneys.

Our Pricing Structure

Many of our clients prefer the traditional billable hour approach for plan preparation. For others we offer flat fees, project fees and other billing arrangements. For companies with multiple locations that allocate plan preparation costs to individual facilities, we can produce and send individual bills to those locations. Prices depend on the number of plans, the size of the facilities and the scope of plan preparation. Clients can choose basic plan preparation and/or options from our menu of additional services.

Our Approach to Audit Defense

Our approach to audit defense can be summed up simply: preparation. No data is submitted or representations made without confirmation of accuracy and consistency. We endeavor to identify and resolve problem areas prior to OFCCP involvement. In our relations with the Agency, we are strong advocates, but never are unnecessarily combative or argumentative. Rather, we accomplish what is best for our clients through intelligent advocacy and precise knowledge of the affirmative action regulations, the OFCCP’s compliance manual, national office policy, enforcement trends and local office preferences. Consequently, we have been highly successful in either avoiding the need for on-site visits or minimizing their duration and scope. In preparation for or during on-site visits, all data is reviewed and management representatives are prepared to represent your company in the best light possible.

Continuing Education

As we learn about changes in the regulations, enforcement trends and developments in the field, we advise our clients through Affirmative Action Alerts. As a Jackson Lewis client, you will receive frequent email alerts about all employment law topics, our client bulletin “Preventive Strategies” and access to our information-packed website at jacksonlewis.com. Through our experience and contact with hundreds of OFCCP representatives, including the Agency’s senior staff, we “know” the OFCCP. We pass along to our clients the specialized knowledge we glean from these professional relationships. We also can train your human resources representatives, diversity professionals, or management staff on affirmative action and EEO obligations.


 

Services Available

Affirmative Action Plan Preparation: A Comprehensive Service

Our basic preparation services include all required ingredients of a complete affirmative action plan pursuant to OFCCP regulation or state or local law. Whether we are preparing plan texts, sample policies, notices and letters, or personnel activity reports or conducting all forms of statistical analyses, the result for our client is always a compliant and defensible document.

We offer:

Plan Texts

  • Executive Order 11246 (Minorities/Females) Text
  • Rehabilitation Act (Disabilities) Text
  • Vietnam Era Veterans Readjustment Assistance Act(Veterans) Text
  • Sexual Discrimination Policy
  • National Origin and Religious Discrimination Policy
  • Sample Notices and Policies
  • Sample Letters to Recruitment Sources and Community Agencies

Goal Setting Reports

  • Workforce Analysis or Organizational Profile
  • Job Group Analysis
  • Availability Analysis and Backup Census Data
  • Utilization (Comparison of Incumbency to Availability) Analysis
  • Goals

Personnel Activity Reports

  • Applicant Flow
  • New Hires
  • Promotions to
  • Promotions from
  • Transfers to
  • Transfers from
  • Termination

Goal Achievement, Progress Reports and Discrimination Analysis

  • Placement Activity Report
  • Narrative Discussion of Prior Years’ Goals
  • Impact Ratio Analysis
    • Adverse Impact Analysis
    • Overall Selection Rate Analysis
    • Two Standard Deviation Analysis
       
  • Compensation Analysis

Additional Features

  • Quarterly and Semi-annual Updates
    • Goal Achievement
    • Good Faith Efforts Assessment
    • Impact Ratio Analysis
       
  • Preparation and Submission of EEO-1 Report Data
  • Preparation and Submission of VETS-100 Report Data