OFCCP Compliance
FortneyScott represents and counsels federal contractors nationwide on complying with nondiscrimination and affirmative action obligations enforced by the U.S. Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP). We have significant experience and expertise both in defending OFCCP audits, and providing legal counsel and advice designing and preparing affirmative action plans (AAPs). Recent examples of the matters we have handled include:
- Advising and representing clients facing audits by OFCCP, including OFCCP’s corporate headquarters audits known as corporate management reviews, compensation audits, on-site audits, desk audits, audits of Functional Affirmative Action Plans (FAAP), and audits performed to assess new federal contractors’ compliance;
- Counseling clients in the design and development of AAPs, in meeting the legal and regulatory requirements relating to the hiring and employment of women and minorities, protected veterans, and individuals with disabilities and related recordkeeping protocols;
- Preparing affirmative action plans for clients across industries and throughout the country. Our attorneys partner with a team of data analysts and statisticians using proprietary software to annually prepare AAPs for our clients. We provide useful executive summaries and practical training to implement the AAPs in our clients’ organizations;
- Preparing comments to DOL regarding OFCCP’s proposals on behalf of the Society for Human Resource Management (SHRM) and The Institute for Workplace Equality;
- Counseling clients on FAAP design and development and preparing applications for FAAP approval for submission to OFCCP; and
- Providing advice on coverage issues, including determining whether business units not performing federal contracts are covered and securing waivers from coverage.
Our attorneys are featured speakers at the leading federal contractor conferences, appears as witness at Congressional hearing, and frequently are quoted in the press as subject matter experts in OFCCP matters.
FortneyScott provides clients with counsel and advice by highly experienced OFCCP practitioners, including former DOL attorneys who, while at DOL, held the most senior legal positions and represented and advised OFCCP. Our clients value the practical and informed insights and advice that our OFCCP experience enables us to provide.
