Affirmative Action and Government Contractors

The federal government spends $500+ billion each year purchasing goods and services from private sector businesses. Miller Johnson attorneys help guide contractors and subcontractors 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 affirmative action obligations.

This includes general advice on preparing, formatting, and structuring of affirmative action plans (AAP), as well as technical advice on detailed analysis of minority and female availability, utilization and placement goals for use in preparing AAPs. We annually prepare affirmative action plans for many federal contractors and subcontractors. We can also assist with tracking and phasing in the newer Protected Veteran (VEVRAA) Benchmarks and Section 503 Utilization Goals for Individuals with a Disability. Miller Johnson attorneys also review completed affirmative action plans and provide advice on content and legal compliance.

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 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 regulations, policy directives, compliance manual, enforcement trends, national office policy and regional/local office personnel, and the more recent 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 affirmative action compliance obligations that go well beyond the AAP.

***The Affirmative Action & Government Contractors practice group has also prepared a comprehensive “Veteran/Disability Compliance Kit” that guides contractors in implementing OFCCP’s protected Veterans and Disability regulations. It includes complete instructions and explanations, sample forms, notices and contract clauses, and with electronic versions of all materials.***