Employer Bulletin
Summer/Fall 2000

CALLING ALL CONTRACTORS!

Act NOW to be ready for the OFCCP Survey

As most of you know by now, OFCCP has sent "surveys" to 7,000 federal contractors and intends to send 53,000 more by the end of this year.  There are only 100,000 federal contractors in the United States; thus, the majority of federal contractors can expect to receive one of these by year's end.

A few tips:

• Do not be lulled into thinking that your response is voluntary or unimportant because the document you receive is called a "survey."  Your response is mandatory and must be submitted within 30 days.  Moreover, OFCCP will use the results to determine who will be subjected to a full-blown compliance audit and could expose your company to monetary liability.
   
• If you think you have the basis to contest OFCCP's jurisdiction over your company, begin gathering the factual information you need to take that position.  If you are unsure as to what you need to prove or whether you are covered, consult with legal counsel.
   
• Get your affirmative action plan ("AAP") in order.  The survey asks whether you have an AAP and asks for the expiration date of the current plan.  If you don't have a current plan, you will have to check "no," creating a huge red flag for the OFCCP.
   
• Allow counsel to review your survey response before you send it in.  Better yet, allow counsel to help you prepare your response.  By allowing counsel to review the survey before submission, we will be able to discuss components of your response which, based on our experience with OFCCP, will cause the agency to scrutinize your company more closely.
   
• If you are a federal contractor but have not yet received a survey, go ahead and begin analyzing your compensation data to determine whether there are any problem areas.  Proactively make any necessary corrections.  Be armed with explanations for any data that look questionable but really are not.
   
• If you have already received a survey, you will probably not have time to analyze your data.  However, don't panic.  We anticipate that nearly every company's pay data will appear discriminatory due to the overly broad EEO categories being used by OFCCP.  It is much more important at this stage to ensure that your AAP is in place and to have your responses reviewed by counsel.

(A directory of Constangy attorneys and paralegals who can assist you with an OFCCP survey is below:)

ATLANTA (404-525-8622)
Sylvia Smith
Kim Esmond

ARLINGTON (703-527-0900)
Rob Floyd
Maureen Knight

BIRMINGHAM (205-252-9321)
Mandi Smith T
Megan Hensarling

MACON (912-750-8600)
Kristie Smith

WINSTON-SALEM (336-721-1001)
Jill Stricklin Cox
Gini Piekarski
Anne Roediger
Robin Shea