Employment, Labor & Benefits

Affirmative Action

With the federal government increasing its focus on affirmative action, it is more important than ever for your business to have counsel with the experience to handle affirmative action matters as well as to help develop proactive strategies to keep your business running smoothly. With nearly 20 years of experience, our attorneys can provide your business with the advice and counsel you need to comply with affirmative action obligations and represent you before the Department of Labor.

Executive Order 11246 requires many federal contractors and subcontractors to engage in affirmative action to employ and advance women, minorities, individuals with disabilities, and covered veterans. The Office of Federal Contract Compliance (OFCCP), an agency of the Department of Labor (DOL), is seeking to impose greater affirmative action obligations on federal contractors, particularly with regard to veterans, people with disabilities, and women and minorities in the construction trades. For the first time, and with a particular focus on compensation disparities, OFCCP is aggressively pursuing monetary settlements with employers for disparities in hiring and in compensation.

Quick Facts

  • Advise covered contractors and subcontractors on all aspects of their affirmative action obligations
  • Assist employers in complying with their affirmative action obligations and related recordkeeping requirements
  • Represent employers undergoing OFCCP audits
  • Experienced in affirmative action plan development
  • Able to perform statistical analysis and prepare required AAP reports

Areas of Focus

  • Compliance with federal affirmative action regulations and requirements
    • Contractor and subcontractor status
    • OFCCP jurisdiction
    • Structure and design of affirmative action plans
    • Compliance with Internet applicant regulations and recordkeeping obligations
    • Compensation issues
    • Diversity issues

  • Develop written affirmative action plans
    • Perform sophisticated statistical analysis
    • Draft plan narratives
    • Produce required reports
    • Conduct training

  • OFCCP audits
    • Prepare desk audit submissions
    • Respond to OFCCP information requests
    • Assist with OFCCP onsite audits

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Tyrone P. Thomas

Tyrone P. Thomas

Of Counsel

Washington, DC

202.434.7374

Martha J. Zackin

Martha J. Zackin

Of Counsel

Boston

617.348.4415

Representative Experience

  • Prepared first affirmative action plan ever for a covered hospital, at the same time as we defended it in an OFCCP audit.
  • Prepared affirmative action plans for a 40-establishment employer.
  • Prepared application for functional affirmative action plan, following OFCCP’s decision to allow employers to file functional plans.
  • Assisted many public and private employers in the professional services, construction, manufacturing, and health care industries with affirmative action plans and audits.