Government Contractor Compliance

We counsel employers on affirmative action obligations, compliance standards, and procedures. We advise clients on OFCCP compliance issues such as applicant tracking requirements, and we defend clients in OFCCP audits.

Our experience spans the spectrum of defense matters, from preparing desk audit submissions to litigating with the OFCCP in both merits and access cases. We have a deep understanding of the legal aspects of the statistical analyses that are central to OFCCP investigations and systemic discrimination allegations.

• We defend clients in scores of OFCCP audits each year, including OFCCP Corporate Management Reviews, in which we brief and defend high-level executives during interviews by the OFCCP.
• On a daily basis, we advise and counsel clients on OFCCP compliance issues.
• We regularly conduct privileged risk assessments of compensation data and AAPs to identify potential risks and recommend steps to manage those risks.
• We defend clients in enforcement litigation brought by the OFCCP.
• We assist clients with negotiating functional affirmative action program (FAAP) agreements with the OFCCP.
• We help clients obtain separate facility exemptions from the OFCCP.
• We regularly train human resources (HR) teams, recruiters, and management teams on OFCCP compliance issues.

Some of our specific services are:

• Tailored Training Programs: We offer two affirmative action training programs. The first focuses on the nuts and bolts of compliance, including goal setting, labor market availability data, recordkeeping, and other legal and practical issues. The second training program is more strategic and focuses on preparing for a desk audit or an onsite compliance review. Both training programs are offered on a flat-rate basis.
• Precompliance Audit Reviews: We have developed a menu of precompliance review checklists and audit procedures designed to bring an employer’s attention to the areas the OFCCP may focus on during its onsite compliance review. We offer help in addressing any problem areas.
• Compliance Review Defense: We defend clients in desk audit and onsite compliance, as well as in glass ceiling reviews. We are frequently successful in using the separate employer defense to EO 11246 jurisdiction and have pending several separate facility exemption requests.
• Compensation Analyses: A recent and well-publicized development in affirmative action is the OFCCP’s focus on discrepancies in compensation systems affecting minorities and women. There are also several major class action lawsuits alleging unfair compensation. Given the surge of litigation in this area, employers must be proactive in assessing their compliance. Using an employer’s existing computerized data, we conduct a confidential analysis of its compensation systems and identify potential areas of concern. If an OFCCP audit focuses on compensation, we can prepare analyses and position statements to explain the legitimate, nondiscriminatory bases for the compensation system. If necessary, we can also engage statisticians and economists to counter allegations of compensation discrimination.

We advise government contractors, particularly in the defense and services industries, on Service Contracts Act (SCA) compliance. We help employers address employee classification, regulatory compliance, wage determination, and collective bargaining considerations in light of SCA requirements.

Our immigration lawyers counsel clients on technical and administrative issues involving I-9 completion and maintenance, as well as the use of E-Verify on a mandatory or voluntary basis. For clients that want privileged reviews, we perform I-9 self-audits. In addition, we help employers avoid charges of unfair immigration-related employment practices, as well as avoid or respond to issues related to government I-9 inspections.