McMahon Berger has extensive experience representing federal contractors concerning affirmative action and before the Office of Federal Contract Compliance Programs (“OFCCP”). Such assistance includes the development and annual updating of affirmative action plans for those contractors who meet the minimum requirements for compliance under Executive Order 11246. The firm has developed such affirmative action plans (“AAP”) for contractors in various industries, including manufacturing, healthcare, banking, and others, as well as contractors with less than one hundred employees to those with thousands of employees and many different geographic locations.
In addition, the firm’s attorneys have represented contractors during Compliance Reviews and throughout the administrative and litigation process in matters before the OFCCP. We also have been successful in arguing employers are not subject to the provisions of the Executive Order due to a lack of sufficient federal contracts. Part of the firm’s approach is the use of various statistical and compensation analyses to evaluate a firm’s employment practices (recruiting, hiring, promoting, termination) to determine if it is making good faith efforts to mirror the geographical areas in which it operates. We also regularly counsel employers on their compliance efforts with respect to EEO-1 and VETS-100 reports, as well as policies and procedures affecting their obligations under the law and regulations.