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Labor, Employment and Employee Benefits Client Alert
Labor, Employment and Employee Benefits Group:
Kim Rozak
Nick Anastasopoulos
Corey Higgins
Robert L. Kilroy
 John McMorrow
D. M. Moschos
Mike Murphy
Sharon Siegel
Jonathan Siegel
Marc Terry
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January 26, 2010



If you are a Federal contractor or subcontractor, you should be aware that since the Obama administration has taken office, there has been an increase in audits by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP).  OFCCP administers and enforces a series of Federal laws that require covered Federal contractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran.

Generally, OFCCP regulations require Federal contractors to develop and implement a detailed written affirmative action program ("AAP") designed to ensure that, over time, a contractor's workforce will reflect the labor pool from which the contractor recruits and hires.  The program must include a diagnostic component that requires a quantitative analysis designed to evaluate and compare the existing workforce to the available labor pool.  There must also be an action-oriented component that contains steps to be taken to address underutilization of specific, protected groups.  The program should also have internal auditing and reporting procedures that measure the contractor's progress towards meeting the program's equal opportunity goals.  If a contractor fails to develop and implement a compliant AAP, it risks debarment from Federal contracts, as well as awards of back pay to victims of discrimination identified in OFCCP investigations. 

The specific regulatory requirements are complex and can be difficult to navigate without the aid of legal professionsals.  Mirick O'Connell has significant experience in responding to OFCCP audits and writing compliant AAPs. Our experience with the Federal regulations and capabilities in conducting the required statistical analyses will ensure your AAP meets the equal opportunity goals of the regulations.  Please call us if you need assistance in developing or updating your affirmative action program, in responding to an audit, or with other labor and employment matters.

Very truly yours,
Labor, Employment and Employee Benefits Group
Mirick O'Connell
100 Front Street
Worcester, MA  01608-1477
t 508.791.8500
f 508.791.8502
This client alert is intended to inform you of developments in the law and to provide information of general interest.   It is not intended to constitute legal advice regarding a client's specific legal problems and should not be relied upon as such.  This client alert may be considered advertising under the rules of the Massachusetts Supreme Judicial Court.