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Affirmative Action/Government Contractor Compliance

If you have government contracts or work with companies that are government contractors, you may be required to comply with Executive Orders or federal, state or local statutes, regulations and ordinances related to affirmative action. 

We assist companies in determining their affirmative action obligations.  If you are a government contractor, we can assist you in complying with the requirements, preparing for a potential audit by the government – before it comes knocking on your door, and/or responding to audit letters. 

Due to the changing federal regulations and increasing federal enforcement activities by the Department of Labor – specifically the Office of Federal Contractor Compliance Programs (OFCCP) – companies with federal contracts or subcontracts must be increasingly diligent in their compliance.  It is important that you learn about the changes and that your employment practices evolve with these changes.  We can help you stay up-to-date and help you avoid or respond to a violation determination, which, if not handled properly, could lead to an order preventing your company from entering into future government contracts.  Your ability to demonstrate your compliance also benefits your business when seeking out new contracts that have government funding source or that relate to a government contract.

Ice Miller has assisted a variety of companies – from smaller manufacturing plants to regional banks and national construction companies – create affirmative action plans and effective compliance program to meet their obligations.  Below are some examples of the ways in which Ice Miller has helped contractors stay in compliance or respond to government inquiries:

  • Prepared single and multi-establishment affirmative action plans and updated those plans on a yearly basis
  • Analyzed compensation data for red-flags for multiple companies and assisted in the preparation of documentation explaining any pay differences identified
  • Prepared or updated policies and procedures to comply with affirmative action requirements
  • Conducted adverse impact analyses on hiring, promotion and termination data and prepared explanations for statistical adverse impact identified
  • Advised contractors of various sizes on workforce surveys and applicant questionnaires to allow for the efficient collection of data required to complete EEO-1 and VETS-100 Reports
  • Assisted companies, including a national sporting wear manufacturer, on compliance with E-Verify obligations, both on a federal and state level
  • Provided supervisory and non-supervisory training on affirmative action and equal employment opportunity obligations
  • Represented production facilities, financial institutions, research organizations, and construction companies, among others, in responding to desk audit letters, focused hiring and compensation audits, investigations of complaints filed with the OFCCP, and on-site visits by the OFCCP
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