Silberman Law PC

OFCCP Compliance & Defense

Practice Areas

OFCCP Compliance & Defense

OFCCP investigations are a deep dive into your company's pay, hiring, recruitment and other critical HR processes. And when audits go wrong, the consequence often is millions of dollars in discrimination findings and reputational harm. Effective audit defense requires that you are ready to respond to OFCCP even before they ask questions, conduct interviews and review your data.

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More about Our OFCCP Defense Practice

Silberman Law represents clients in all industries, and throughout the country, in the defense of OFCCP audits and investigations. Our attorneys have defended thousands of OFCCP compliance reviews and investigations of alleged systemic discrimination in hiring, promotions and compensation. We have an extraordinary record of success in those matters.

Our expertise includes:

  • We Provide “Behind the Scenes” Support or Are the “Face” of Audit Defense – On behalf of our clients, we can take on a variety of roles to ensure successful audit defense. Some clients prefer to have us “behind the scenes” while, in many audits, and particularly during OFCCP discrimination investigations, we represent our clients by interacting directly with OFCCP. Both approaches typically are successful.
  • Preparing the AAP for OFCCP Submission – Our statisticians and data analysts conduct a thorough data “reconciliation” to ensure all applicant and employee data is complete, accurate, and consistent. This “bullet proofing” of data is critical to guiding and directing OFCCP throughout the audit.
  • Finding the “Red Flags” Before You Submit the AAP: Our Stategic Approach – Before submission, we prepare the analyses OFCCP will, using the current methods OFCCP uses. This may vary by OFCCP Region, and even by District. We know the OFCCP. Every office. We know their differing enforcement priorities, tendencies and methods. We analyze the statistical results through the lens of each OFCCP office’s approach and identify what OFCCP will.
  • Addressing, Refining, and Explaining “Red Flags”, Before Submission - After we identify the “red flags”, we work closely and creatively with our clients to refine the applicant, employee and compensation data. This typically reduces or eliminates flags, avoiding OFCCP scrutiny, even before it happens.
  • When OFCCP Follows Up Post-Submission or On sites Occur, We Defend Them – Based on the strategic approach above, our clients generally do not have significant post-AAP submission follow up from OFCCP. But when that happens, our attorneys represent our clients. We have excellent relationships with OFCCP and obtain excellent results.


Our firm defends OFCCP audits with a deep knowledge of the Agency’s enforcement methods and with uniquely successful strategies. We have a 100% success rate obtaining Letters of Compliance in all audits we have defended at Silberman law.