Jenner & Block

Affirmative Action Plans and OFCCP Proceedings

Our attorneys represent federal contractors with respect to their affirmative action obligations and Office of Federal Contract Compliance Programs (OFCCP), including:

  • Preparing and advising clients regarding the requirements of Affirmative Action Plans, including:
    • Appropriate applicant tracking.
    • Appropriate groupings of job categories so as to comply with existing regulations while maximizing the employer’s ability to demonstrate the absence of underutilization of protected groups.
    • Appropriate usage of applicant pool information to comply with existing regulations while maximizing the employer’s ability to demonstrate the absence of underutilization of protected groups.
    • Appropriate analysis of applicant flow, hiring, promotion, compensation and termination decisions to minimize the risk of class-based discrimination claims.
  • Representing clients responding to OFCCP desk audits and on-site audits, including glass-ceiling audits.
  • Evaluating statistical employment data and OFCCP statistical analyses, and assisting employers in presenting statistical data in the most favorable light in responding to the OFCCP’s analysis.
  • Defending clients against OFCCP claims of discrimination.