Affirmative Action

Contracting with the federal government creates numerous additional obligations for employers. One of the most complex of these obligations is complying with affirmative action mandates. A contractor’s affirmative action obligations are imposed not only by statute, but also by administrative regulation and executive order, which are subject to sudden and sometimes confusing revisions. Failure to comply with these regulations and requirements can result in not only fines and penalties, but also disqualification from obtaining federal contracts. 

For more than 20 years, Martenson, Hasbrouck & Simon LLP’s attorneys have guided clients through this complicated process. We work closely with our clients to develop the required Affirmative Action Plans that demonstrate to the government that they are complying with the law’s mandates. We also closely monitor applicable regulations so that we can advise our clients immediately when new orders or regulations are issued. That way, we can be certain that any needed changes are implemented properly. 

In addition to submitting annual affirmative action plans, federal contractors are often subject to compliance reviews conducted by the Department of Labor. These reviews can be exhaustive, requiring employers to collect and produce detailed timekeeping and pay records. We have assisted clients with hundreds of these reviews, helping them through all stages of the review process, including meeting with investigators to control the scope of the investigation, collecting, and producing the requested information, and challenging any adverse findings. 

Many local and state governments also impose affirmative action obligations on companies competing for government contracts. These requirements can differ from the federal requirements. We have extensive familiarity with these requirements and have assisted our clients with all stages of the compliance process. 

Related Practice Areas

• Federal Contract and OFCCP Compliance

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