Affirmative Action & Office of Federal Contract Compliance Programs

Jackson Walker’s Labor and Employment group is experienced in evaluating and counseling clients on diversity and affirmative action initiatives and practices. We tailor affirmative action plans to our clients’ business and objectives, and we stay abreast of current “hot spots” and trends in order to manage risk and help prevent litigation throughout affirmative action plan development, implementation, and revision.

Adverse impact analyses are critical for identifying and remedying potential areas of concern. We comprehensively examine all aspects of a client’s employment activities throughout the employee life cycle, from applicant flow, through work experience, and, ultimately, termination. Through this kind of review, we are able to provide advice on how to ensure personnel decisions are not inadvertently resulting in patterns of discrimination.

In addition to assisting our clients with affirmative action plans and adverse impact analyses, our attorneys provide support to clients during Office of Federal Contract Compliance Programs (OFCCP) audits and enforcement actions.

We help our clients manage risk, reduce liability, and ensure compliance before any adverse action commences. If there is an audit, enforcement action, or other proceeding, our experienced attorneys have the skills and determination necessary to vigorously defend their interests.

  • Development and implementation of affirmative action plans (AAP)
  • Adverse impact analyses on personnel activities
  • Executive Order 11246 compliance and contracts
  • Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) compliance and contracts
  • Section 503 of the Rehabilitation Act of 1973 compliance and contracts
  • OFCCP audits and audit plans
  • Advice regarding pay transparency, outreach and recruitment, use of arrest and conviction records, online application system, and compensation discrimination
  • Identification of federal contractor or subcontractor status
  • Advice regarding record keeping and other best practices
  • AAP training as required by the OFCCP
  • Defense of OFCCP desk audits, on-site visits, and enforcement actions

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