EEO Compliance for Government Contractors

Employers that do business with federal, state, and local governments have unique and heightened equal employment opportunity (EEO) compliance and reporting requirements. Silberman Law provides strategic counsel and practical guidance to contractors regarding EEO based on race, gender and other protected categories, as well as affirmative action obligations covering military veterans and individuals with disabilities.

We prepare strategic and compliant reports for government submission, conduct privileged EEO statistical analyses to uncover areas of legal risk, compliance gaps and, when necessary, successfully defend government audits and investigations.

Our expertise includes – 

• Affirmative Action Plans (AAPs) for Veterans & Individuals with Disabilities – While there have been recent, significant changes to federal contractor affirmative action legal requirements, contractors still must annually prepare AAPs for Veterans and Individuals with Disabilities, and those requirements are not going away. Our in-house statisticians and data analysts work closely with our attorneys to prepare AAPs fully compliant with OFCCP requirements. We analyze data trends, prepare AAP plan texts, and deliver AAPs with easy-to-understand executive summaries. And we provide practical training for clients to help implement the AAPs and ensure compliance. 

• State & Local Equal Opportunity Plans (EOPs) & Reporting – Certain states and cities require contractors to prepare various types of EOPs and submit, often extensive applicant, new hire, and employee EEO demographic data. Some government agencies – such as the Minnesota Department of Human Rights – analyze the data and may initiate audits to assess compliance and investigations of potential employment discrimination. Our team has extensive experience preparing required EOPs and reporting, and successfully defending EEO audits and investigations. 

• Privileged EEO Analyses & Related Advice to Ensure Accurate Representations in Government Contracts & EEO Certifications – An emerging area of potentially significant exposure is the federal government’s investigations to determine whether contractors have made accurate representations in contracts and certifications regarding EEO compliance. The U.S. Department of Justice is conducting a growing wave of investigations of contractors and has threatened litigation under the False Claims Act, which prohibits contractors from receiving government money based on false statements regarding, among other things, compliance with anti-discrimination laws. To ensure accurate statements in government contracts and certifications, we work closely with clients to analyze EEO policies, practices and EEO data trends and provide strategic and practical advice regarding how to take action based on our findings. This allows clients to accurately represent their compliance status in contracts and certifications. 

• Required EEO Data Reporting – Our team of data analysts and statisticians work closely with our attorneys and clients to prepare compliant VETS-4212 reporting, state contractor EEO and affirmative action reporting, as well as other EEO reporting more generally required of employers, such as EEO-1s and California and Illinois pay data reporting. 

• Privileged EEO Pay Analyses & EEO “Lifecycle” Analyses to Assess Compliance – For many employers, particularly government contractors, it is advisable to conduct proactive, privileged workforce trend analyses to assess EEO compliance and reduce risk. Your ability to keep existing government contracts, and secure future contracts, may depend on it. Our attorneys and in-house statisticians are experts in conducting privileged EEO trend analyses to ensure legal compliance.