Technology-based solution aids OFCCP compliance; guides inclusion, equity and diversity efforts

(February 23, 2021) – Littler, the world’s largest employment and labor law practice representing management, today announced the launch of Littler Affirmative Action 360. The solution combines proprietary technology and experienced attorney insights to help employers develop affirmative action plans that ensure regulatory compliance and guide efforts to promote inclusion, equity and diversity (IE&D) in the workplace.

Littler’s new solution provides a comprehensive approach to compliance with Office of Federal Contract Compliance Programs (OFCCP) affirmative action program requirements, from developing an initial strategy, to collecting and analyzing data, to finalizing a plan that can withstand an OFCCP audit. The solution also helps drive stronger IE&D programs by uncovering actionable insights into the diversity of the organization’s workforce and its recruiting practices.

“An OFCCP audit can be a very lengthy and arduous process, and it is possible 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,” said David Goldstein, co-chair of Littler’s Affirmative Action/OFCCP Compliance Practice Group. “For employers navigating the complex regulations that come with doing business with the federal government, our solution provides an easy and cost-effective way to develop affirmative action plans and ensure compliance.”

Here’s how it works:

• Consultation: Littler attorneys draw on their extensive experience in employment laws unique to government contractors to determine which of an organization’s entities are subject to OFCCP jurisdiction. A strategy is then developed to help prepare or revamp an affirmative action program to align not only with federal regulations, but also with the specific needs of the organization – all in a privileged context.
     
• Data Collection Review: Through a secure extranet, Littler’s analytics team collects all data relevant to the organization’s affirmative action plan and cross-checks it for gaps or inconsistencies.
    
• Real-Time Analysis: Attorneys analyze the data using Littler’s proprietary tool and showcase the findings in real time 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 utilization goals, and on the overall affirmative action report.
    
• Finalize the Plan: Having undergone a comprehensive real-time analysis, Littler attorneys finalize the affirmative action plan, ensuring compliance with OFCCP’s regulatory requirements, providing new insights into the diversity of the organization’s workforce, and helping set priorities for the coming year.

“Companies dealing with novel workplace issues and an increasingly aggressive OFCCP need an effective and strategic affirmative action plan more than ever before. Yet this requires extensive statistical data analysis and documentation, both of which can be burdensome for today’s employers,” said Meredith Shoop, co-chair of Littler’s Affirmative Action/OFCCP Compliance Practice Group. “Littler Affirmative Action 360 provides sophisticated data analysis and an intuitive visual dashboard, backed by insights from attorneys deeply experienced in OFCCP compliance. The result is plans that are not only compliant, but easy to use in ongoing inclusion, equity and diversity efforts.”

Littler Affirmative Action 360 expands the firm’s suite of innovative and practical resources offered to employers. The firm’s Service Solutions – including the Littler Pay Equity Assessment (a technology tool for conducting audits and guiding legal strategy), Littler onDemand (a data-driven solution for employment law advice and counsel), Littler CaseSmart^® (the firm’s approach to efficiently managing employment litigation) and the Littler Restructuring Assessment Solution (a resource for employers making workforce restructuring decisions) – are designed to provide clients with efficient legal counsel, help shape legal and compliance strategies, and spot trends that can inform critical business decisions.

About Littler

With more than 1,600 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow.