For all federal contractors and subcontractors with more than 50 employees and contracts worth more than $50,000 annually:

• In-depth analysis of OFCCP's authority and regulatory demands.
• Practical advice on preparing Affirmative Action Plans, preparing for audits, and avoiding pay claims.
• Analyses of newly-enacted regulatory changes that affect your compliance obligations and Affirmative Action Plans.
• Effective and compliant EEO and affirmative action programs.
• Enforcement trends.

The Office of Federal Contract Compliance Programs is an agency within the Department of Labor with audit and enforcement authority for Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans Readjustment Assistance Act of 1974. The Executive Order and laws prohibit discrimination in employment and also require federal contractors and subcontractors to take "affirmative action" to address and erase any impediments to equal employment opportunity.

OFCCP started out as a promoter of affirmative action, with a concentration on effective affirmative action plans and reserving the threat of enforcement only as truly necessary. The Office investigated aggressively, costing some unprepared federal contractors millions of dollars in pay adjustments for alleged wage disparities. The OFCCP announced major regulatory changes, all of which reflect its current emphasis on enforcement and "pay equity." Under the new Administration, the Office is in a time of transition.

Even in this time of uncertainty, it is possible to survive an OFCCP audit - even a "glass ceiling" audit - without back pay costs if a contractor is prepared. This program is a step-by-step analysis of the agency, its enforcement authority and real-life practices, methods to prepare for and survive an audit, and advice on the next enforcement trends.

• E.O. 11246
• Glass Ceiling Audits
• Affirmative Action Plans
• Equal Opportunity Survey
• Revision of Part 60-2 Regulations

1. What Is The OFCCP?
   1. Scope of Executive Order 11246, Section 503 and VEVRAA
   2. Structure of OFCCP--regional offices with differing emphases
   3. Enforcement tools
   4. Penalties and remedies
   5. Emphasis on compensation
   6. Relevant time frame for investigation
   7. "Establishment" basis for inquiry
2. What Is OFCCP Going To Do? (The Audit Process)
   1. Kinds of audits--new scheme
   2. 30-day letter
   3. Pre-desk audit and request for information
   4. Desk audit
   5. On-site review
   6. Preliminary findings
   7. Conciliation agreement/consent decree
   8. Ongoing reporting obligations
3. What Does OFCCP Want To Know? ("Glass Ceiling" Areas of Inquiry)
   1. Compensation, Compensation, Compensation
   2. Promotions
   3. Performance appraisal systems
   4. EEO monitoring and self-auditing (privilege and "discovery" issues)
   5. Management training
   6. Developmental opportunities and mentoring
   7. Transfers
   8. Hiring/Recruitment
   9. Termination
4. How Do You Prepare An Affirmative Action Plan That Complies with the Revised Regulations?
   1. Required components
   2. Workforce analysis or organizational profile
   3. Two-factor availability analysis
   4. Identification of problem areas and goals setting
   5. Action-oriented programs
   6. Monitoring and reporting
   7. Adverse impact analysis
5. What Do You Do To Prepare For An Audit?
   1. Gathering and analyzing data
   2. Define population and time period under audit
   3. Work the problems: "applicant," "promotion," "ethnicity"
   4. Develop an audit strategy
6. The "Glass Ceiling" Audit Process
   1. Managing the audit
   2. Opening conference
   3. "Preliminary" findings
   4. Conciliation agreement
   5. Employee communications and media involvement
7. Equal Opportunity Survey--The Trouble With Definitions
   1. The development of the Survey
   2. Its flaws
   3. "Applicant," "Promotion," and "Ethnicity"
   4. Compensation data
   5. Current Status
8. New Regulations Governing Affirmative Action Programs
   1. Emphasis on enforcement not affirmative action
   2. "Organizational profile"
   3. Compensation analyses required
   4. Multiple new adverse impact analyses
   5. "Hidden" regulations
   6. "Glass ceiling" reviews routinized
9. Future Developments
   1. New ethnicity classifications
   2. More "focused reviews"

Rosemary has represented clients in some of the largest and/or most complex labor law disputes across the country. She has extensive experience in representing federal contractors on audits by the Office of Federal Contract Compliance Programs, including numerous "glass ceiling" audits and related enforcement actions.

Prior to joining Crowell & Moring, Rosemary served as Chairman of the Federal Mine Safety and Health Review Commission (1981-1984) and then as General Counsel of the National Labor Relations Board (1984-1989). Both positions were appointments by President Reagan.

Rosemary graduated with honors from Trinity College in Washington, D.C., and the University of Denver College of Law, where she was a member of the law review and recipient of the John Phillip Linn Labor Law Award. She is a member of the bars of Colorado, the District of Columbia, and the United States Supreme Court, as well as several federal district and appellate courts.

Kris Meade is a partner in the Firm's Labor and Employment Group. He counsels and represents employers in the full range of unfair labor practice proceedings, union representation elections, and other matters arising under the National Labor Relations Act. He also defends employers against discrimination and sexual harassment claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act of 1974, and various other federal and state statutes.

Kris counsels and represents employers in connection with affirmative action compliance matters, including the Office of Federal Contract Compliance Program's corporate management reviews and affirmative action compliance audits. He represents employers in business tort cases and other matters involving the protection of trade secrets and other proprietary information.

Kris received a Bachelor of Arts summa cum laude from the University of Michigan, where he was elected to Phi Beta Kappa. He graduated with honors from The George Washington University Law School. He is a member of the Maryland and District of Columbia bars.