Affirmative Action and OFCCP Compliance

Government regulations require federal contractors and subcontractors to prepare annual AAPs. We routinely assist covered manufacturing, construction, health care, food, financial industry and other employers with this process, helping them prepare legally compliant and strategically-focused AAPs. For supply and service contractors, our preparation involves careful assessment of relevant data, the use of advantageous statistical analyses in determining availability and setting goals, and analyses of employment and compensation data, all accompanied by our legal recommendations for affirmative action compliance best practices. We offer fixed-fee arrangements for AAP preparation to provide a cost-effective and efficient way for covered employers to comply with the affirmative action obligations enforced by the U.S. Department of Labors OFCCP and various state affirmative action agencies. We also can assist with or prepare EEO-1 and VETS-100/100A reports for our clients.

We Stay Current

We stay alert to the latest OFCCP enforcement strategies and regulatory changes. When the wind shifts, we provide our clients with cutting-edge analysis of the latest changes, whether in techniques for compensation analysis, tracking of internet applicants, ARRA contract issues, or any other issue affecting compliance. Our clients reliably count on us to keep them up-to-date on the latest affirmative action developments. Our attorneys regularly publish and speak to clients and employer groups on OFCCP and other developments and trends. We also offer periodic live webcasts and timely e-mail alerts on OFCCP developments.

Compliance Evaluations: We Know What’s Coming

Our clients who are selected for OFCCP compliance evaluations have an advantage if we prepare their annual AAPs. They know - before submitting data for a compliance evaluation - exactly where OFCCP may focus its attention and we work with them to increase the likelihood that the compliance evaluation will be closed at the desk audit stage. If OFCCP insists on conducting a more comprehensive on-site review of our clients’ recordkeeping and employment activity, we can be actively involved in this process. Our unparalleled knowledge of OFCCP’s requirements can minimize the time OFCCP spends on-site and avoid or minimize allegations of systemic discrimination. We regularly assist our clients in challenging and defeating such allegations of unlawful bias.

Training Is Critical

Training represents a key ingredient to preparing defensible AAPs and surviving OFCCP compliance reviews. We routinely consult with clients who prepare their own AAPs to ensure that they are aware of the regulatory requirements and OFCCP’s often-changing focus. We also have significant experience in developing and executing in-house “mock” compliance reviews to train human resources personnel and hiring managers and to investigate potential problem areas prior to an actual compliance evaluation. We regularly counsel contractors on data management and analysis issues. Human resources and hiring managers alike benefit from our explanations of the regulations, of what is required of them, and of the monetary impact of noncompliance.

OFCCP: We Know Them . . . And They Know Us

The art of successfully and cost-effectively resolving major OFCCP issues involves being able to orchestrate the involvement of key OFCCP personnel at the appropriate time. We have the demonstrated ability to do just that. Our attorneys understand the different approaches and styles of various OFCCP offices, knowledge which often proves advantageous for our clients. We are proud to offer one of the largest, most experienced groups of OFCCP practitioners in the country. Selected as counsel for numerous large and small companies, we have advised and represented clients in thousands of affirmative action and OFCCP matters, including focused reviews, corporate management reviews, functional reviews, and enforcement actions.

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Ogletree Deakins has a long tradition of premier client service. It was founded on principles that remain core values of the firm today: premier client service; teamwork and collaboration; treating each other with respect; hard work; and open governance. As Kim Ebert, Ogletree Deakins' Managing Shareholder, recently said: “These core values permeate the firm’s culture and are the bedrock upon which we build our diversity and inclusion initiatives.”

Ogletree Deakins solicits, values, and incorporates myriad viewpoints as part of its philosophy and practice of inclusion.  This ensures ongoing creativity, innovation and efficiency in responding to changing global needs.

Ogletree Deakins is proud to be a member of the following nationally recognized organizations that promote diversity and inclusion in the legal industry.

FAN, the Law Firm Affiliate Network of the Minority Corporate Counsel Association (MCCA). To be a FAN member, MCCA requires an express commitment to 10 Basic Principles, which MCCA research has determined to be hallmarks to advancing diversity.

The Center for Legal Inclusiveness is dedicated to advancing diversity in the legal profession by actively educating and supporting private and public sector legal organizations in their own individual campaigns to create cultures of inclusion. Its focused work in Colorado is on-going and forms the basis for all of its innovative programs and initiatives, many of which have become national models.

Ogletree Deakins is also a member of VAULT, whose stated mission is to “be the indispensable provider of information and solutions for professionals and students who are pursuing and managing high-potential careers.”

Membership in the Project for Attorney Retention (PAR), now Diversity & Flexibility Alliance (DFA), demonstrates Ogletree Deakins’ support for retaining and advancing women in law and for work/life balance for all attorneys, which is key to retaining top talent. 

Ogletree Deakins also encourages and supports membership and participation in local, state, national, and international professional associations. In the United States and Europe, our lawyers are active in organizations such as the following:

• National Bar Association (NBA)   
• National Asian-Pacific Bar Association (NASABA) 
• European Employment Lawyers Association (EELA) 
• International Bar Association (IBA)  
• The Law Society of England and Wales  
• The City of London Law Society   
• The American Bar Association  
• The National Lesbian and Gay Law Association
• The Cuban American Bar Association
• Association Internationale des Jeunes Avocats (AIJA)
• Lambda Legal
• The National LGBT  Bar Association
• The Hispanic Bar Association

Furthermore, Ogletree Deakins lawyers have held the following positions among others:

 • The former Chair of the Labor and Employment Law Section of the NBA
 • The former Chair of the Black Solicitors Network
 • Member of the Management Board of The Law Society
 • An Officer and Board member of the Korean American Bar Association of Southern California

Ogletree Deakins’ lawyers regularly participate in firm-sponsored conferences and seminars hosted by the National Employment Law Council (NELC), the Minority Corporate Counsel Association (MCCA), the National Association of Women Lawyers (NAWL), the Association of Law Firm Diversity Professionals (ALFDP), and Corporate Counsel Women of Color (CCWC).

An Ogletree Deakins lawyer also serves as the editor of the Diversity Table, an award-winning survey analyzing the demographics of top firms in the United Kingdom.

In addition, Ogletree Deakins partners with its clients in the area of diversity and inclusion by inviting clients to attend events hosted by many of the above mentioned organizations. The firm also provides counseling and offers on-site and remote training to create and support in-house diversity and inclusion efforts. 

Throughout the firm, lawyers of diverse backgrounds, gender, sexual orientation, race, and physical ability have positions of responsibility.  This includes lawyers who hold positions as Managing Shareholders in our offices and 20% of our Board of Directors are diverse.

Ogletree Deakins’ commitment to diversity and inclusion has won broad recognition. In 2012 MultiCultural Law Magazine ranked Ogletree Deakins as follows:

 • #53 in the Top 100 Law Firms for Diversity and Inclusion
 • #39 in the Top 50 Law Firms for Partners
 • #4 in the Top 100 Law Firms for Women
 • #2 in the Top 25 Law Firms for African-Americans

The firm also has a five-member dedicated Professional Development and Inclusion Department (PD&I), whose primary focus is to establish and monitor programming and initiatives that will sustain productive and all-inclusive work-environment in every office location. This team is led by the by a Director of Professional Development and Inclusion, who is part of the senior management team and reports directly to the Managing Shareholder and the Board of Directors.

There is also a twelve-member Diversity and Inclusion Steering Committee that guides the firm in creating programming and initiatives to recruit, hire, retain, promote and advance lawyers within the firm.

To conclude, Ogletree Deakins believes that diversity and inclusion are integral to the firm’s outstanding performance and premier client service. The firm’s top-talented, vibrant workforce reflects the growing diversity of our communities and clients and contributes unique perspectives and creative approaches. This, in turn, generates the highest quality of service, propels outstanding business results, and serves the needs of our clients and the communities in which we live and work.

Diversity Statistics

Minority Males
Minority Females
(4 of 13)
(11 of 67)
(1 of 4)
(0 of 0)
(16 of 80)
(29 of 121)
Marketing Professionals
(3 of 9)
(2 of 11)
Of Counsel
(7 of 41)
(11 of 49)
Technology Professionals
(6 of 28)
(2 of 11)
(19 of 229)
(9 of 77)
Administrative Professionals
(10 of 21)
(74 of 303)
Finance Professionals
(0 of 0)
(1 of 17)
Human Resources Professionals
(0 of 0)
(0 of 0)