Government contracts are often a critical source of business for many companies. However, companies that rely on governmental work are frequently required to comply with federal and state affirmative action and equal employment opportunity requirements (AAP/EEO) to obtain and maintain their government contracts. Due to the complexity of the AAP/EEO laws and regulations as well as aggressive enforcement activities by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and other state and local entities, the risk of being audited and found noncompliant has skyrocketed. Consequently, now more than ever government contractors need a trusted, experienced partner to assist them in successfully navigating the AAP/EEO regulatory maze.
With decades of experience representing government contractors, our attorneys understand the intricacies of complying with Executive Order 11246, Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and their implementing regulations, as well as the numerous state and local AAP/EEO laws. Our team of attorneys and paralegals has a proven track record of demonstrating to the appropriate agencies that our clients engage in good faith efforts to ensure equal employment opportunities for women, minorities, individuals with disabilities, veterans and disabled veterans. Our record of success is based on staying informed of changes in the law and made possible by the development of invaluable relationships with the appropriate government agencies.
To assist contractors in successfully meeting their AAP/EEO obligations, our attorneys provide the following services to our clients:
- Determining whether a company is a covered contractor/subcontractor
- Developing and updating affirmative action plans on an annual basis
- Reviewing and analyzing employee information to confirm accuracy, correct job titles/job groups and proper placement in EEO-1 categories
- Reviewing the definition of applicant as well as the entire application process to ensure AAP/EEO compliance and determine whether hiring policies and procedures such as criminal background check policies have an adverse impact on protected classifications
- Maintaining proper employee activity recordkeeping data
- Completing EEO-1 and VETS 100A reports
- Preparing analyses as to hires, promotions and terminations to determine if adverse impact exists
- Conducting compensation analyses
- Performing self-evaluations/audits to ensure AAP/EEO compliance
- Reviewing employment tests to ensure recent validation
- Designing functional affirmative action plans, when applicable
- Determining single/joint entity status and structuring affirmative action plans for employers with multiple locations and facilities
- Preparing defenses with regard to OFCCP investigations and audits
- Responding to allegations of individual or systemic discrimination complaints
- Negotiating conciliation agreements
- Determining whether litigation is the appropriate course of action
- Training in-house personnel on satisfying applicable AAP/EEO requirements and avoiding violations of anti-discrimination laws
- Providing timely alerts outlining changes in the AAP/EEO laws and regulations
In performing these services, we pay meticulous attention to the accuracy of the data submitted so that our interactions with the government are streamlined and efficient.
By leveraging our knowledge and experience, our attorneys are often able to demonstrate to government regulators that an audit should be closed at the outset, thereby minimizing the expense and time spent dealing with the government.
We are sensitive to the cost constraints our clients face and therefore offer a variety of billing arrangements including flat/project fees for affirmative action plans, charging by the traditional billable hour and/or using other alternative approaches depending on the client’s individual preferences.
Our team provides these services to clients of all sizes from small and midsized companies to multinational businesses and in a variety of industries, among them manufacturing, banking, finance, healthcare, energy and defense.