The dynamic world of affirmative action planning and compliance requires federal contractors take an attentive and integrated approach to affirmative action plan development that anticipates and prepares for compliance audit issues. Scrutiny has only intensified as the Office of Federal Contract Compliance Programs (OFCCP) has gained additional resources for compliance audits and proposed broad and fundamental revisions to existing regulations governing affirmative action for veterans and individuals with disabilities, as well as revisions vis-à-vis compensation disparity analysis.
Holland & Hart is your ally in ensuring compliance with all aspects of affirmative action planning and OFCCP requirements, beginning with affirmative action plan (AAP) design and development. Holland & Hart attorneys regularly assist clients with affirmative action compliance: from determining and understanding the scope of affirmative action obligations, to development and review of a defensible AAP, to support and representation during all phases of compliance audits. Click here for Holland & Hart's guide to frequently asked questions about affirmative action planning.
AAP Design and Development
Federal contractors and subcontractors with 50 or more employees and annual contracts of at least $50,000 must prepare a written AAP for each establishment. They are also subject to detailed OFCCP desk audits, focused reviews, and on-site reviews to ensure compliance.
More than ever, federal contractors must pay close attention to AAP development and OFCCP enforcement trends. Federal contractors must be thoroughly prepared to demonstrate, via an AAP, that no facet of their employment practices and procedures is discriminatory, and that they are actively engaged in good faith efforts to ensure equal employment opportunities for women, minorities, veterans and those with disabilities.
Successful defense of compliance audits, and avoidance of OFCCP entanglement, begins with thoughtful and meticulous preparation and plan development. Understanding the evolving legal requirements, deploying compliant systems processes, and preparing a defensible plan can be a complex and time-consuming endeavor. Appreciating the legal implications of AAP statistical analysis and addressing and resolving areas of concern can be even more complex. Accordingly, plan development and compliance planning should not be done in a vacuum but, rather, should be accomplished with on-going legal advice and a view towards OFCCP scrutiny.
Whether clients wish to build a new plan from the ground up, retool an existing plan, or simply review current plans or programs with an eye for what OFCCP auditors might question, Holland & Hart can help. Our lawyers and other professionals provide meaningful input to help employers understand affirmative action obligations, implement processes and procedures for data collection and good faith outreach efforts, and construct a defensible, fully compliant AAP to pass OFCCP scrutiny.
Ongoing Support and Representation
We also work with you to understand and implement your AAP, as well as address areas of concern, paying particular attention to trends in OFCCP audit focus, such as compensation disparity issues and veteran outreach efforts.
After the plan is done, we stand by the client if the OFCCP calls. We carefully analyze internal data and evaluate the employer's risks alongside current oversight trends in OFCCP audits. This methodical approach to all phases of affirmative action planning allows us to work with our client toward resolution of the audit at the earliest stages. If a desk audit escalates to an onsite review, Holland & Hart lawyers will walk you through the process. Our attorneys are well versed in OFCCP actions and we understand how to stay one step ahead to assess compliance.
We also stay on the lookout for new developments and enforcement trends. We help clients understand how changes in the law or in reporting requirements could impact their workplaces. Our team monitors the OFCCP for updates and announcements, and we release timely news alerts and analyses to assist employers in quickly recognizing what a given update may mean for their plans. In particular, Holland & Hart stands ready to assist clients in understanding the potential impact of current proposed regulations that will significantly impact existing AAPs for veterans and individuals with disabilities.
AAP Design, Development, and Pricing
Holland & Hart offers OFCCP-compliant AAP development and counseling, including:
- Compliant narratives, statistical reports and compensation analysis
- Applicant tracking, process and procedure development
- Disposition code and Internet Applicant Rule guidance
- Self-identification forms
- Data review and refinement
- Job group and availability analysis
- Training
- OFCCP audit support
- Legal representation from desk audit to on-site review
- EEO and VETS-100 reporting
AAP design and development is priced on an annual, flat-fee basis depending on the number of employees and plans needed, which includes submission of an OFCCP-ready AAP, and compliance audit support. Training, legal representation and other services are billed at customary rates.