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Affirmative Action Compliance

Affirmative Action Plan (AAP) Development

Faegre Baker Daniels lawyers routinely assist government contractors in preparing strategically-focused affirmative action plans that comply with the affirmative action obligations enforced by the Office of Federal Contract Compliance Programs (OFCCP) as well as various state affirmative action agencies.

We work with employers to establish procedures for gathering the required applicant and employee data. Once the data has been gathered, we provide a comprehensive analysis of the workforce to develop appropriate job groupings — based on applicable regulations — which maximize the employer's ability to demonstrate the absence of underutilization of protected groups. We then use Peopleclick's AAPlanner software programs to develop affirmative action plans customized for a client's workforce. All plans are reviewed by experienced attorneys.

Compliance Advice

The creation of an affirmative action program involves more than the preparation of an affirmative action plan. Faegre Baker Daniels advises clients on federal and state government contract requirements, including affirmative action obligations, compliance standards and procedures. We provide legal recommendations for affirmative action compliance best practices. We regularly monitor the latest OFCCP enforcement strategies and regulatory changes, and we provide our clients with practical advice and analysis regarding the changes.

Responding to Audits

Clients who are selected for OFCCP compliance evaluations have an advantage if Faegre Baker Daniels prepares their annual AAPs. They know — before submitting data for a compliance evaluation — where the OFCCP may focus its attention. We have been consistently successful working with clients, including clients being audited at multiple sites, in providing a response to OFCCP which results in the compliance evaluation being closed at the desk audit stage. If OFCCP insists on conducting a more comprehensive on-site review of our clients' recordkeeping and employment activity, we can be actively involved in the process.

Training

Training represents a key ingredient to preparing defensible AAPs and surviving OFCCP compliance reviews. We regularly counsel contractors on data management and analysis issues. We also provide tailored training to human resources and hiring managers, who benefit from a greater understanding of the regulations, what is required of them and the monetary impact of noncompliance.

Benefits of Working With Attorneys

Our attorneys have extensive experience in representing clients against claims of systemic discrimination. This experience has provided us with a deep understanding of the inherent risks in the analysis of the data presented in the affirmative action plan, which we in turn use to serve our clients' best interests.

Diligent compliance analysis, carried out under the direction of an experienced Faegre Baker Daniels attorney to preserve privilege, can assist not only in improving overall compliance, but also in minimizing risk while positioning the company to get the most out of its human resources program.

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