Our employment lawyers have experience with and knowledge about the Office of Federal Contract Compliance Programs (OFCCP), and can help clients achieve their goals, guide a company's determination of its status as a contractor, take steps toward compliance, create or update an existing Affirmative Action Plan, or respond to an audit.

Our plans are prepared by experienced attorneys who not only have extensive experience in this highly regulated area of law, but are also committed to developing strategies that align with our clients’ business objectives.  The Labor and Employment practice was ranked by Chambers USA in Labor & Employment, May 2016, and rated as a Standout in both complex and everyday employment litigation in the 2017 BTI Litigation Outlook, based on a survey of more than 300 general counsel at companies with more than $1 billion in revenue.

Polsinelli’s OFCCP/Affirmative Action Plan practice provides clients with a range of services, including:
  • Evaluate whether a client has contractor obligations
  • Create defensible Affirmative Action Plans designed around a client’s operations and business needs
  • Review and/or update existing Affirmative Action Plans
  • Consult with in-house counsel and/or human resources on Affirmative Action Plans
  • Evaluate impacts of contracting laws such as Executive Order 11246, Section 503 of the Rehabilitation Act, and Vietnam Era Veterans' Readjustment Assistance Act
  • Evaluate personnel actions, including applicant-tracking and other hiring practices to ensure OFCCP compliance
  • Train leadership, human resources and hiring managers on affirmative action duties and responsibilities
  • Represent clients throughout audit processes, serve as point of contact with OFCCP investigators
  • Prepare clients for on-site audits, including on-site audit compliance reviews
  • Negotiate a workable Conciliation Agreement with the OFCCP, if/where necessary
  • Send emailed AAP updates to clients to keep them abreast of new OFCCP regulations and guidelines
  • Prepare EEO-1 and VETS-100/100A reports
  • Conduct adverse impact analyses of applicants, hires or terminations to evaluate potential liability for discrimination
  • Evaluate compensation systems
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