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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 help companies determine 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 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 a government funding source or that relate to a government contract.

Ice Miller’s Workplace Solutions Group has helped a variety of companies—from smaller manufacturing plants to regional banks and national construction companies—create affirmative action plans and effective compliance programs 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

Representative Experience

  • National Commercial Construction Company. We assisted this company with the preparation of their affirmative action compliance program from the ground up. We helped put practices and policies into place that have successfully withstood the scrutiny of the OFCCP in multiple audits.
  • University Affiliated Research Organization. We worked with this organization in fine-tuning its applicant tracking practices and other logs and have prepared their affirmative action plans for several years. We advise this organization on a variety of issues related to their employment practices, including those that may affect their affirmative action compliance program.
  • Small, Precision Manufacturing Company. We analyzed this companies' contracts to determine if it fell within the definition of a federal contractor or subcontractor. After determining that it did, we worked with the company on its affirmative action plans and its compliance program.
  • Regional Health Care System. We have monitored the enforcement activity related to the health care industry and have assisted in analyzing whether the system has affirmative action obligations based on the ever-changing rules due to its grants and contracts. 


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