Can your organization’s affirmative action program withstand an OFCCP audit and effectively guide efforts to promote inclusion, equity and diversity in your workplace?

With the Office of Federal Contract Compliance Programs (OFCCP) coming off record years for monetary settlements – and as companies navigate novel workplace issues and a constantly changing business landscape – knowing the answer may be more important than ever. Yet developing effective affirmative action plans requires extensive statistical data analysis and documentation, both of which have become increasingly burdensome for today’s employers.

Enter Littler Affirmative Action 360. By combining innovative technology and a visual dashboard with experienced attorney insights, the tool provides employers with an easy, cost-effective way to develop useful affirmative action plans and ensure compliance.

OFCCP obtained over $116 million in monetary relief for employers and job seekers who were discriminated against between 2016 and 2020 – the highest four-year period on record.

How it works

First, our attorneys – who have extensive experience in employment laws unique to government contractors – will work with you to determine which entities are subject to OFCCP jurisdiction. We’ll then develop a strategy to help prepare (or revamp) an affirmative action program that not only meets federal regulations, but also the specific needs of your organization – all in a privileged context.

Through a secure extranet, our analytics team then collects all data relevant to your affirmative action plan and cross-checks it for any gaps or inconsistencies. From there, Littler attorneys analyze the data using our proprietary tool and take you through an easy-to-understand visual dashboard, demonstrating the impact of certain adjustments (e.g., to census coding and recruitment practices) on key metrics, including your utilization goals, and on your affirmative action report in real time.

Having undergone a comprehensive real-time analysis, your Littler attorneys will help finalize your organization’s affirmative action plan, ensuring compliance with OFCCP’s regulatory requirements, providing new insights into the diversity of your workforce, and helping you identify and set priorities for the coming year.

With Littler Affirmative Action 360, real-time data analysis meets experienced legal counsel to seamlessly develop an accurate, strategic affirmative action plan – in a secure, privileged context.


Regulatory compliance

Our attorneys have decades of experience with OFCCP audits and know the agency’s latest requirements, processes, priorities and methods. With the help of our proprietary technology and data analytics team, we will work with you to create an affirmative action plan compliant with federal regulations.

“ An OFCCP audit can be a very lengthy and arduous process and it is not uncommon for audits to result in monetary damages of up to six or seven figures, particularly as auditors are increasingly effective at finding violations across a wider range of companies.
– David Goldstein, chair of Littler’s Affirmative Action/OFCCP Compliance Practice Group

An affirmative action plan you can actually use – now and in years to come

By seeing how various factors impact your plan in real time, you’ll have greater control and new insights into how your organization is promoting equal employment opportunities – making sure, for example, that your goals are tied to actual recruitment practices. An effective plan can pay dividends for years, as leadership understands what is needed and possesses new strategies to communicate those needs within the organization.

Better inclusion, equity and diversity (IE&D) programs

Federal contractor or not, there is an enormous push for IE&D programs that actually work. An affirmative action plan that is aligned with IE&D efforts, accurately depicts an organization’s recruiting processes and workforce, and accounts for census data on the pool of diverse candidates in the job market, can provide the metrics and discipline necessary to advance your company’s goals.

“ As employers navigate the strict, detailed regulations that come with doing business with the federal government, we saw a need for a solution that provides sophisticated data analysis and an intuitive visual dashboard, backed by insights from attorneys deeply experienced in OFCCP compliance.

Our new tool provides companies with affirmative action plans that are not only compliant, but easy to use in ongoing inclusion, equity and diversity efforts.”
– David Goldstein, chair of Littler’s Affirmative Action/OFCCP Compliance Practice Group

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