OFCCP

Companies know how financially rewarding contracts with the federal government can be. However, they may not realize how serious the government has become about enforcing the equal employment opportunity regulations promulgated by the Office of Federal Contract Compliance Programs (OFCCP).

In its last three fiscal years, the OFCCP conducted almost 12,000 compliance audits and recovered nearly $150 million in back pay from government contractors for over 50,000 victims of systemic discrimination.  In fiscal year 2008, the OFCCP intends to conduct over 7,500 audits.  We anticipate that it will recover larger settlements for more workers than in any previous year as it continues to perfect its ability to develop systemic discrimination cases through these audits.

In addition to having solid affirmative action plans, contractors must now perform sophisticated statistical analyses to evaluate compensation practices and be prepared to defend applicant tracking, hiring, promotion and termination policies. But without guidance and review by experienced attorneys, companies face the possibility of expensive OFCCP audits and exposure to potentially devastating discrimination litigation.

Littler Mendelson's OFCCP Practice Group is a unique team of experienced attorneys and savvy data analysts who prepare affirmative action plans and develop desk audit submissions with the same sophistication that the OFCCP employs in evaluating them. Plus, Littler offers experienced representation and proven negotiation on behalf of contractors in the event of audits.

We assist contractors with all aspects of their obligations as an affirmative action employer, including the following:

  • Affirmative Action Plans - We prepare solid, defensible plans by selecting appropriate census codes and developing thoughtful job groups on a competitive flat-fee basis. Unlike many consulting firms and law firms, all plans are reviewed by experienced attorneys. 
  • Desk Audit Submissions - We develop strategic submissions using the preliminary threshold analysis of average compensation designed to deter any indicators that may lead to a lengthy OFCCP audit involving the development of costly regression analyses.
  • OFCCP Information Requests - We engage in detailed analyses of company data to explain any apparent discriminatory inferences and assist clients who submitted un-reconciled and un-vetted data to the OFCCP by helping them strategically respond to burdensome information requests.
  • OFCCP On-Site Audits - We prepare company managers and work with OFCCP's compliance officers and directors during interviews and evaluations to ensure that the client's employment practices are explained completely and accurately, even if we did not prepare the initial desk audit submission.
  • Applicant Tracking and Recordkeeping - We help clients conform with the distinct recordkeeping and applicant tracking obligations under the OFCCP's Internet Applicant definition and Uniform Guidelines on Employee Selection Procedures (UGESP) and developing creative solutions for clients to continue recruiting in the manner that works best for them. 
  • Employment Tests - We evaluate employment tests and accompanying validations studies for conformance with the Uniform Guidelines of Employee Selection Procedures (UGESP) and, when necessary, work with industrial occupational psychologists to assist contractors in developing validation studies that will meet OFCCP expectations.
  • Consulting and Training - We help employers with myriad issues, including government contractor and subcontractor status, OFCCP's jurisdiction to audit, single employer issues, separate facility exemptions, structure of the company's affirmative action plans, establishment of job groups and application of census codes, compliance with Internet Applicant regulations, compensation issues, race and gender self-identification forms, veterans and disabled self-identification forms, and the intersection between affirmative action good faith efforts and other diversity initiatives.
  • Other Services - We prepare EEO-1 Reports, including revisions effective for 2007, as well as VETS-100 and VETS-100A Reports.

To learn more about the Firm's capabilities and experience, contact your Littler attorney or the OFCCP Practice Group Chairs:

George E. Chaffey
Alissa A. Horvitz
Joshua S. Roffman

 
 Skip navigation links