Equal Employment Opportunity and Compliance
Miller Johnson attorneys help guide contractors, subcontractors and grant recipients through the complex web of federal, state and local regulatory obligations that must be adhered to in order to comply with all aspects of their equal employment opportunity obligations.
This includes general advice on best practices for equal employment opportunity and preparing, formatting, and structuring of state and federal plans. We annually prepare Vietnam Era Veterans’ Readjustment Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503) plans for many federal contractors and subcontractors. We assist with tracking and phasing in the VEVRAA Benchmarks and Section 503 Utilization Goals for Individuals with a Disability and providing practical guidance on outreach and best practices in this area. Miller Johnson attorneys also provide advice on overall Equal Employment Opportunity content and legal compliance giving the ever-shifting legal framework.
Our attorneys represent federal contractors and subcontractors in their defense of government enforcement actions, which often last for years. We advise and assist in an employer’s handling of compliance reviews conducted by the U. S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), as well as OFCCP investigations triggered by employee discrimination complaints.
This includes:
- Preparing and training the employer’s managerial and human resources staff for the audit based on current enforcement trends, and protected by attorney/client and work product privileges.
- Proactively preparing adverse impact analysis on applicants and hires to determine areas of likely OFCCP deeper scrutiny.
- Providing guidance on proper submission of materials.
- Responding to the myriad of information, data and documents requested by the agency for a desk review.
- Representing the employer in on-site investigations by OFCCP compliance investigators.
- Negotiating resolutions with OFCCP related to any issues identified during the compliance review.
- Providing practical advice based on years of experience and in-depth knowledge of OFCCP and general DOL regulations, policy directives (including federal Executive Orders), compliance manual, enforcement trends, national office policy and regional/local office personnel, and the more recent federal Executive Orders and regulatory proposals.
Miller Johnson attorneys also advise employers in preparation of EEO-1 and VETS-4212 reports, as well as many other notices; postings, policy provisions; communications; contractual obligations with respect to employees, vendors, and suppliers; job vacancy ‘listings’; and a myriad of other compliance obligations.