Joshua S. Roffman focuses his practice primarily on advising and overseeing the preparation of affirmative action plans and representing clients in various matters before the Office of Federal Contract Compliance Programs (OFCCP) and the Department of Labor.
Part of a Washington-based team of attorneys and data analysts who prepare client affirmative action plans, Joshua helps to produce hundreds of these plans annually. Each plan undergoes attorney review to ensure regulatory compliance, accuracy, and strategy, anticipating the larger legal implications of the information contained in the data analyses.
Joshua also assists companies with OFCCP compliance reviews, having extensive experience in all six OFCCP regions, including defending OFCCP on-sites in every OFCCP region. Of the dozens of desk audit submissions Joshua prepares each year, less than 10% have resulted in on-sites and, since 2008, every single one has closed without his client paying a financial remedy.
Joshua has extensive knowledge of the following statues:
- Executive Order 11246
- Section 503 of the Rehabilitation Act of 1973
- The Vietnam Era Veterans' Readjustment Assistance Act
- The Jobs for Veterans Act of 2002
- 41 C.F.R. Parts 60 and 61
- The Uniform Guidelines on Employee Selection Procedures
- The Lilly Ledbetter Fair Pay Act of 2009
- The Equal Pay Act
- The Older Workers Benefit Protection Act (OWBPA)
Joshua evaluates employment tests used by government contractors for conformance with the Uniform Guidelines on Employee Selection Procedures and assists clients with responses to OFCCP information requests. In addition to overseeing the preparation of affirmative action plans, Joshua advises clients on OFCCP regulatory issues, including:
- Internet applicant
- Compensation and pay equity
- EEO-1 and VETS-100 reporting requirements
- Whether a company is a federal government contractor
- OFCCP jurisdictional issues
Joshua also has significant experience advising clients on reductions-in-force and preparing related adverse impact analyses and he advises clients on the preparation of OWBPA disclosures. He uses statistical and data analysis tools in other contexts specifically as they apply to:
- Employer hiring decisions
- Applicant tracking
- Promotions
- Terminations
- Diversity initiatives
- Compensation practices
Joshua has spoken before industry liaison groups, co-authored articles published on OFCCP enforcement initiatives and regulations, and is frequently quoted on OFCCP issues. He provides employer training on the OFCCP's Internet Applicant regulations and other affirmative action plan issues. He also has conducted web seminars on:
- Preparing affirmative action plans and desk audit submissions
- The OFCCP's systemic compensation initiative
- Analysis of employee selection decisions
- E-Verify regulations for federal contractors
Working with all companies that have federal contracts or subcontracts, Joshua has represented companies in the following industries:
- Technology
- Defense
- Utilities
- Energy
- Trucking and transportation
- Retail
- Pharmaceutical
- Healthcare
- Hotels
- Gaming
- Manufacturing
- Warehousing
- Food service
Previously, Joshua worked in a prominent labor and employment practice at a national law firm, first as a paralegal while attending law school in the evening, and then as an associate attorney.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Labor and Employment Section - American Bar Association
PUBLICATIONS AND PRESS
- April 8, 2013Littler ASAP
- April 3, 2013Law360.com
- March 1, 2013Thomson Reuters News and Insight
- June 29, 2012Law360.com
- May 17, 2012
- May 4, 2011Littler ASAP
- February 16, 2011Littler ASAP
- October 26, 2010Littler ASAP
- August 10, 2010Littler Insight
- April 2010A High Bar
Co-author: Alissa A. HorvitzHR Magazine, Society for Human Resource Management - September 8, 2009Littler ASAP
- April 14, 2009Littler Insight
- April 2009Ten Tips for Training Recruiters and Hiring Managers in Dispositioning Applicants: Ways to Make Sure That Your Company Is Fully Using the Internet Applicant Definition and Is Able to Recreate and Explain Its Hiring and Selection Decisions
Co-author: Alissa A. HorvitzEEO Insight, Biddle Consulting Group - January 28, 2009Littler ASAP
- January 9, 2009Littler ASAP
- January 8, 2009Littler Press Release
- November 14, 2008Littler ASAP
- July 30, 2008Littler ASAP
- October/November 2007Government Contractor Conundrum: THE JVA Rule and VETS-100 Form
Co-author: Alissa A. HorvitzLegal Report, Society for Human Resource Management - September 12, 2007Littler ASAP
- August 9, 2007Littler ASAP
- January/February 2007Risky Volunteer Work: Self-Audits of Compensation
Co-author: Alissa A. HorvitzLegal Report, Society for Human Resource Management - August 31, 2006BNA's Affirmative Action Compliance Manual
- June 16, 2006Littler ASAP
- April 21, 2006Littler Press Release
BLOG ENTRIES
- Employment Law Update, February 28, 2013
- Employment Law Update, June 8, 2009
SPEAKING ENGAGEMENTS
- October 17, 2012Managing Legal Risk in the Use of Hiring Screening Tools
Littler Mendelson, McLean, VA - May 11, 2012OFCCP Update: Dealing with an Aggressive Regulatory and Enforcement Agenda
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - December 14, 2011OFCCP's New Revised Audit Letter and Attached Itemized Listing Requires Contractor Attention Now
Littler Mendelson Webinar - December 12, 2011OFCCP's New Revised Audit Letter and Attached Itemized Listing Requires Contractor Attention Now
Littler Mendelson Webinar - July 27, 2011How Significant is Statistical Significance? - A Practical Perspective
2011 National Conference - Industry Liaison Group, New Orleans, LA - April 28, 2011A New OFCCP, A New Administration: Increased Regulatory Obligations for Federal Contractors Under the Obama Administration
Pennsylvania Bar Institute - February 17, 2011Audit Enforcement and Regulatory Update: OFCCP's FY 2011 Agenda
Littler Mendelson Webinar - February 15, 2011Audit Enforcement and Regulatory Update: OFCCP's FY 2011 Agenda
Littler Mendelson Webinar - February 8, 2011
- November 16, 2010Audit Enforcement and Regulatory Update: OFCCP's FY 2011 Agenda
Jacksonville Industry Liaison Group - September 15, 2010Extreme Makeover at OFCCP: An Update on Developments Affecting Government Contractors
Arkansas Industry Liaison Group - September 15, 2010Twitter, Facebook, LinkedIn and Other Informal Recruiting Techniques: Compliance with OFCCP’s Internet Applicant Regulation and Record Keeping Obligations in a Web 2.0 World
Arkansas Industry Liaison Group - May 19, 2010Ten Best Practices to Ensure OFCCP Compliance Under the New Administration
Littler Mendelson, Pittsburgh, PA - April 22, 2010Ten Best Practices to Ensure OFCCP Compliance Under the New Administration
Littler Mendelson, Houston, TX - April 22, 2010Twitter, Facebook, LinkedIn and Other Informal Recruiting Techniques: Compliance with OFCCP’s Internet Applicant Regulation and Record Keeping Obligations in a Web 2.0 World
Southwest and Rocky Mountain Conference - Industry Liaison Group, Houston, TX - March 17, 2010Compensation Discrimination Law: the Ledbetter Fair Pay Act and the Paycheck Fairness Act -- Why Employers Need to Worry About More Than OFCCP Investigations
Central/Space Coast Florida Industry Liaison Group - March 2, 2010A Littler OFCCP Webinar Series
Littler Mendelson Webinar - July 29, 2009Compensation Discrimination Law: the Ledbetter Fair Pay Act and the Paycheck Fairness Act -- Why Employers Need to Worry About More Than OFCCP Investigations
2009 National Conference - Industry Liaison Group, Atlanta, GA - April 30, 2009The Return of the Pay Discrimination Class Action – How Should Employers Evaluate Their Compensation Practices in the Wake of New Federal Laws
Washington Metropolitan Area Corporate Counsel Association - November 21, 2008Employers Caught in the Middle: The Immigration Debacle
Southwest and Rocky Mountain Regional Conference - Industry Liaison Group, Dallas, TX - November 20, 2008Prepare Now to Defend Later: Ways in Which Employers Can and Should Use the Internet Applicant Definition to their Advantage
Southwest and Rocky Mountain Regional Conference -Industry Liaison Group, Dallas, TX - June 18, 2008OFCCP’s Focus on Systemic Discrimination and Its Implications for Contractors
Triangle Industry Liaison Group - June 27, 2007OFCCP's Fiscal Year 2007 Audit Agenda: Compensation Reviews and Selection Processes
Littler Mendelson, Newark, NJ - June 21, 2007Recordkeeping in the Post Internet Applicant World
San Antonio Industry Liaison Group - May 10, 2007OFCCP's Fiscal Year 2007 Audit Agenda: Compensation Reviews and Selection Processes
Littler Mendelson, Boston, MA - February 26, 2007Company Got an OFCCP Audit Letter... Now What?
Littler Mendelson Webinar - October 16, 2006How to Survive an OFCCP Audit: Preparing For and Responding To Itemized Listing Questions 9, 10, and 11
Southwest and Rocky Mountain Regional Conference - Industry Liaison Group, Little Rock, AR - October 4, 2006New OFCCP Internet Applicant Rules: How Employers are Dealing with Applicants and Recordkeeping Headaches
User Conference - HRLogix, Las Vegas, NV - September 29, 2006A Practitioner's Perspective on OFCCP Compliance Audits in the Mid-Atlantic Region: Practical Strategies Towards Ensuring an Uneventful Audit Experience
Washington Metropolitan Industry Liaison Group - July 18, 2006OFCCP Final Compensation Guidelines: What You Should Know Now
Littler Mendelson Webinar