Consultants regularly advise clients regarding federal and state government contract requirements, including affirmative action obligations, compliance standards, and procedures.
We can advise you on issues of government contract coverage and we can help you develop fully compliant affirmative action programs that meet the latest Office of Federal Contract Compliance Programs (OFCCP) regulations. In addition to representing or supporting you in the compliance review audit process, we can train your human resources staff in advance of a desk or an on-site audit, and we can walk you through the audit process. If an OFCCP audit uncovers discrepancies, we can advise you in the negotiation of conciliation agreements or in the defense of an enforcement action.
Consultants can help you:
- Determine whether your organization is a covered contractor or petition for a facility exemption
- Develop facility-based or functional affirmative action plans
- Train human resources managers, equal employment opportunity and staffing personnel regarding their compliance obligations in advance of an audit
- Provide representation during an on-site OFCCP audit or compensation review
- Negotiate effective conciliation agreements or defend practices against enforcement actions
In addition, we can conduct an OFCCP “mock” review to identify potential problems and ensure a state of “audit readiness.” Our audit procedures are designed to focus on specific areas that the OFCCP may highlight during its on-site compliance review, and inludes application of checklists, suggested corrections, and manager and supervisory training sessions to present the proper orientation for the OFCCP review and interviews.
Do You Know What Your Obligations Are?
If your company has 50 or more employees and a federal government contract or subcontract to provide more than $50,000 a year in goods and services, then you are obligated to prepare annual affirmative action plans and to monitor closely your employment percentages of women and minorities compared to what is available in labor markets in which you operate. You must develop written affirmative action plans for each of your company’s establishments and maintain detailed records about the demographics of your employees and employment transactions, including applicants, new hires, promotions and terminations.
Some of our specific services include:
- Affirmative Action Program Development and Monitoring: Using specialized software and census data packages, we develop affirmative action programs customized for a client’s workforce. In addition, we encourage clients to be self-sufficient in managing their affirmative action programs by training them on how to monitor ongoing progress.
- Tailored Training Programs: We offer three affirmative action training programs. The first focuses on the “nuts and bolts” of compliance, including goal setting, labor market availability data, recordkeeping, and other legal and practical issues. The second training program is more strategic and focuses on preparation for a desk audit or on-site compliance review audit. The third program focuses on the roles and responsibilities of staff recruiters and hiring managers. All training programs are offered on a flat-rate basis.
- Compliance Audit Reviews: We have developed a menu of compliance review checklists and audit procedures designed to bring an employer’s attention to the areas OFCCP may focus on during its on-site compliance review, and we offer help in addressing any problem areas.
- Compliance Review Assistance: We assist clients during desk audits and on-site compliance reviews to address concerns raised by OFCCP, or negotiate terms of any conciliation agreements that may be required.
- Compensation Analyses: A well-publicized recent development in affirmative action has been the OFCCP’s new focus on discrepancies in compensation systems affecting minorities and women, as well as several major class action lawsuits alleging unfair compensation. Given the surge of litigation in this area, employers are particularly well-advised to be proactive in assessing their compliance with guidelines on systemic compensation discrimination. For this reason, we include comprehensive compensation analysis as part of every affirmative action plan we develop.
Using an employer’s existing computerized data, we can conduct a confidential analysis of its compensation systems and identify potential areas of concern. In preparation for and during an OFCCP audit, we can prepare any additional required analyses and assist in articulating position statements to explain the legitimate, nondiscriminatory bases for the compensation system, and, if necessary, we can engage the statisticians and economists necessary to counter allegations of compensation discrimination.
To learn more about our affirmative action planning services, please contact us for more information and a complimentary no-obligation evaluation and service proposal