Increase in OFCCP Enforcement Is Under Way: Are You Sure You Are Meeting Your Affirmative Action Obligations?

The Yale Club of New York50 Vanderbilt Avenue
New York, NY 10017

Presented by Epstein Becker Green Attorneys:
Ronald M. Green - Introduction
Thomas A. Cox, Jr.
Kristie Brooks Smith
Peter M. Stein
Kathleen M. Williams

The Office of Federal Contract Compliance Programs ("OFCCP") set the stage in 2010 for stepped up enforcement efforts in 2011.

With the issuance of new Directives, the proposed issuance/rescission of interpretive standards, the receipt of administrative law decisions favoring the OFCCP, and the influx of new OFCCP investigators, supply and service government contractors and subcontractors should be concerned about the potential legal, monetary and reporting implications for failing to fully comply with their federal affirmative action obligations.

New Directives

New Directives, issued at the end of 2010, change the landscape of OFCCP enforcement of affirmative action obligations. For example, as part of the new Active Case Enforcement compliance evaluation process, the OFCCP will now conduct — with greater scrutiny — a comprehensive full desk audit of every contractor subject to a compliance evaluation to analyze the contractor's affirmative action programs. In addition, the OFCCP is aggressively asserting jurisdiction over hospitals and other healthcare providers that provide services to patients who are federal government employees insured through FEHBP and TRICARE. Recent headlines of seven-figure settlements underscore just how serious the OFCCP is about eliminating all forms of discrimination.

The Issuance/Rescission of Proposed Interpretive Standards

A plethora of proposals published in the Federal Register will impact how contractors go about meeting their affirmative action obligations. For example, the ill-conceived interpretive standards for systemic compensation discrimination and voluntary guidelines for self-evaluation of pay practices are no longer being followed by the OFCCP, leaving unanswered how the OFCCP will analyze a contractor's compensation practices.

Adding to this mix is a recent administrative law decision approving of the OFCCP's use of three tests in analyzing a contractor's compensation data for indicators of potential pay discrimination. The implications of this ruling for unwary contractors could be significant.

Pro-Active Steps Are Needed to Ensure Compliance

This morning briefing will provide you with the information and strategies you need to protect your company from the travails of an OFCCP audit. Topics to be covered include:

  • The new ACE compliance review process and its four investigative procedures: With a full desk audit to be performed with every compliance evaluation, we will nail down what you can expect, and what you need to do now to avoid the next step following the desk audit — an on-site review.
  • Where contractors get burned during a compliance evaluation: With aggressive OFCCP enforcement, contractors need to examine those areas where they may be most vulnerable during an OFCCP desk audit. We will identify those pitfalls and discuss what analyses you need to undertake to reveal and address potential issues.
  • Other recent developments: With the renewed focus of the OFCCP, contractors can no longer afford to let their AAP plan documents collect dust on the shelf. We will review with you what proactive steps you need to take now before the OFCCP comes knocking.

We hope you will join us for this timely and informative briefing.

Registration fee is $40.

To register, please click here.

If you have questions about this briefing, please contact
Christine Eschenauer at (212) 351-4668 or [email protected].

Note: Epstein Becker Green is an approved provider of New York Continuing  Legal Education (CLE) credit.  This seminar is approved for 2.0 hours of credit in Professional Practice, and is transitional and appropriate for both newly admitted and experienced attorneys.  Please note that in order to receive full credit for attending this briefing, the registrant must be present for the entire session. Full scholarships to attend EBG Breakfast Briefings will be granted to nonprofit organizations, public sector employees and unemployed attorneys. To apply, send your request, stating the reason for your interest, along with the completed registration form.

Epstein Becker Green is an approved service provider for New Jersey CLE.  This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE credit.