Regulatory Compliance and Affirmative Action Counseling

Affirmative Action Counseling

Affirmative Action Compliance/OFCCP

Numerous Hunton & Williams clients have contracts with federal agencies and are subject to Executive Order 11246 and its related affirmative action regulations. As a result, we have several employment lawyers with extensive experience advising and assisting contractors in developing affirmative action plans and in responding to OFCCP investigations.

As part of our OFCCP practice, we have prepared hundreds of affirmative action plans using our software program (for example, in 2008 we prepared more than 150 plans). Our lawyers supplement the statistical reports with narrative descriptions of the required job transactions and compensation analyses. We have also conducted numerous companywide training seminars on preparing affirmative action plans, developing processes for monitoring and analyzing workforce activity, and conducting internal audits of compensation.

Since 2000 we have handled more than 200 compliance audits in every state except Alaska and Hawaii. These compliance audits included more than a dozen corporate headquarter audits and multi-facility audits and covered a variety of industries, including financial services, electric utilities, pharmaceuticals, health care, tobacco, paper, railroad and construction. As a result of these audits, some of our clients have received awards from the OFCCP recognizing their exemplary affirmative action efforts.

Additionally, we are routinely retained at the post-audit stage — i.e., after the OFCCP has issued the notice of violation to the contractor — and have successfully negotiated favorable settlements on behalf of contractors. In a recent post-audit settlement, the OFCCP had noticed a violation in a contractor's hiring, identified a class of 1,000 females over a two-year period and sought approximately $2 million in back pay and interest. However, after we were retained, the contractor was able to settle with the OFCCP for less than $250,000.