Supporting diversity-related goals is a priority for most institutions, and companies must ensure that their guidelines and goals are sustainable and lawful. With the recent surge in discrimination litigation cases and an expected increase in enforcement of regulations by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), affirmative action compliance is more important now than ever. Companies that fail to comply can face OFCCP audits, findings of systemic discrimination, demands for monetary settlements, or costly litigation. Employers should evaluate their obligations and take steps to ensure compliance and protect their company.
Nixon Peabody works collaboratively and proactively with in-house counsel and consultants on preventative measures that can significantly reduce the risk of costly OFCCP audits and litigation. Our comprehensive services include developing affirmative action plans, conforming applicant tracking and recordkeeping processes to the OFCCP’s Internet Applicant definition and Uniform Guidelines on Employee Selection Procedures (UGESP), and reviewing and advising employers on impact ratio and compensation analyses.
When a company faces an audit or litigation, Nixon Peabody partners with clients to provide timely and effective counsel. The Affirmative Action team includes practiced litigators, who are equipped to handle any type of suit from start to finish. Our team has worked on many OFCCP audits and understands the intricacies of responding to information requests and preparing for on-site audits.