Government contractors must often comply with federal and state affirmative action and equal employment opportunity requirements (AAP/EEO) to obtain and maintain their contracts.

Federal/state and local government entities regularly enact new laws, regulations and executive orders impacting AAP, EEO and workplace culture requirements. You need a trusted, experienced partner to help you navigate the regulatory maze.

Our attorneys have decades of experience representing government contractors. We can help you comply with Section 503 of the Rehabilitation Act, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, and their implementing regulations, as well as numerous state and local AAP/EEO laws. Our team has a track record of demonstrating to government agencies that our clients engage in good faith efforts to ensure equal employment opportunities for women, minorities, individuals with disabilities, veterans and disabled veterans. We stay informed of changes in the law, including the recent regulatory adjustments by the Trump Administration, and have strong relationships with the relevant government officials.

The Trump Administration has made significant changes to affirmative action and OFCCP regulations. It has shifted enforcement priorities and reduced certain requirements related to the scope of audits and the documentation required for compliance. These changes have altered the approach to audits and investigations, and streamlined enforcement of nondiscrimination and affirmative action obligations, reducing some of the previous regulatory burden. However, contractors are still expected to adhere to certain affirmative action and equal opportunity standards. Our attorneys track these changes to keep you in compliance.

To help contractors meet their AAP/EEO obligations, we provide the following services:

• 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 4212 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.

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, we can often demonstrate to government regulators that an audit should be closed at the outset, minimizing the time and expense spent preparing a response. We are sensitive to your cost constraints. We 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 clients’ preferences.

Our team provides these services to clients of all sizes. That includes small and midsized companies and multinational businesses in a variety of industries, including manufacturing, banking, finance, health care, energy and defense.