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Affirmative Action and OFCCP Compliance

Spencer Fane is recognized throughout the Midwest as a leading employer advocate in federal contractor affirmative action and OFCCP compliance. Our Group is headed by experienced attorneys and staff who have drafted affirmative action plans for federal contractors ranging in size from 51 to several thousand employees, as well as defended numerous federal contractors in OFCCP audits and enforcement actions. Given the current aggressiveness of the OFCCP and the unprecedented penalties being levied against federal contractors, the choice of who drafts your Affirmative Action Plans (AAP) is more important than ever. Although there are a number of third party consultants who can “run your data,” we offer affirmative action plans that are prepared by experienced attorneys and staff for very competitive rates. By partnering with our law firm to draft your AAPs, you not only get the benefit of our knowledge of the “hot spots” being focused upon by the OFCCP during audits but also the distinct advantage of the right to engage in privileged discussions with us as your legal counsel should we identify any areas of concern. After the completion of every AAP, we prepare a detailed analysis of the findings and provide specific action items to improve next year’s results.

At Spencer Fane, we realize the AAP landscape has changed dramatically over the past few years and that the “cookie cutter” plans that may have been acceptable in the past will no longer pass OFCCP scrutiny. Our team gets to know every client’s business, develops each plan on an individualized basis, and carefully drafts each plan as though it will eventually be subject to audit by the OFCCP. If you are audited, we strongly suggest that you engage experienced counsel such as Spencer Fane to defend you in what is for all intents and purposes an adversarial proceeding.

In addition to preparing affirmative action plans, we offer the following services:

  • Defend OFCCP desk audits and on-site visits
  • Prepare your management and human resources team for OFCCP on-site interviews
  • Defend OFCCP enforcement actions
  • Negotiate a Conciliation Agreement with the OFCCP
  • Conduct a mock OFCCP on-site audit to ensure you are in compliance before you are audited
  • Review and update your existing AAPs
  • Review your compensation data for disparate impact indicators (subject to the attorney-client privilege)
  • Determine whether you are a federal contractor or subcontractor
  • Determine whether your companies’ affiliates or subsidiaries also fall within the definition of federal contractor
  • Provide advice regarding best practices for record keeping requirements such as applicant tracking
  • Provide training to your managers, human resources, and recruiters regarding their AAP duties as federal contractors, as required by OFCCP regulations
  • Provide advice regarding outreach to improve minority, female, veterans, and disabled individual’s application numbers and hiring rates