Affirmative action and compliance with the Office of Federal Contract Compliance Programs (OFCCP) are crucial aspects of ensuring equal employment opportunities and diversity in the workforce. In Nevada, employers who have federal contracts or subcontracts must comply with the OFCCP’s regulations. This includes developing and maintaining affirmative action plans (AAPs), which involve conducting self-analyses of employment practices, setting placement goals for underrepresented groups, and implementing outreach efforts to attract a diverse pool of candidates. Employers must also monitor and evaluate their progress toward achieving these goals.

    Affirmative action and OFCCP compliance help organizations build a diverse workforce and foster inclusive workplaces. By actively promoting equal employment opportunities, employers can enhance their recruitment and retention efforts and create a more equitable environment for all employees.

    Rafii Law Affirmative Action/OFCCP Compliance Services

    We offer comprehensive services related to affirmative action plans (AAPs). Our approach involves using appropriate census codes and carefully selected job groups to create AAPs. We pay close attention to internal data reliability and consistency, conducting thorough vetting processes that ensure accuracy. To maintain client confidentiality, all our plans undergo review by experienced lawyers.


    We assist clients in adhering to applicant tracking and recordkeeping requirements, specifically focusing on the obligations outlined in the Office of Federal Contract Compliance Programs’ (OFCCP) Internet Applicant definition. While ensuring compliance, we understand the practicalities of recruitment and develop innovative strategies that enable clients to hire applicants in a manner that suits their needs.

    For desk audit submissions, we develop strategic approaches that minimize the likelihood of extensive information requests from the OFCCP. By doing so, we help clients avoid lengthy audits and costly follow-ups. In cases where clients have already submitted raw data to the OFCCP without screening, we assist them in strategically responding to demanding information requests. We conduct in-depth analyses of company data to address any potential discriminatory implications.

    In the event of an on-site audit by the OFCCP, we prepare company managers by explaining the process and what to expect. Throughout the audit, we collaborate with the OFCCP’s compliance officers, ensuring accurate and unbiased explanations of the client’s employment practices, even if we were not involved in the initial desk audit submission.

    We assess employment tests and validation studies to ensure compliance with the government’s Uniform Guidelines of Employee Selection Procedures. If necessary, we work with industrial occupational psychologists to develop validation studies that meet the OFCCP’s expectations.

    Given the evolving nature of compensation analysis methodologies and recent pay legislation, our lawyers, along with in-house attorney statisticians, evaluate compensation data. This approach enhances the likelihood of legal recommendations derived from compensation analysis being protected by attorney-client privilege.

    Furthermore, we offer advice and training on a wide range of OFCCP monitoring-related issues, including government contractor and subcontractor status, the OFCCP’s audit jurisdiction, and single employer concerns. We provide assistance with separate facility exemptions, compensation matters, and self-identification forms related to race, gender, veterans, and individuals with disabilities. Additionally, our services include the preparation of EEO-1 reports and VETS-4212 reports.

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