As Federal Contractors, some of our clients engage in Conciliation Agreements (CA) with the Office of Federal Contract Compliance (OFCCP) to remedy deficiencies found in a routine compliance audit. Our clients may have already engaged with legal counsel to support them during the audit and to provide post-audit consultation to ensure they implement the required changes to the organization’s process to comply with the agreement; however, even with the support of experienced counsel, there are numerous day-to-day activities that must be completed to meet the stringent demands of a Conciliation Agreement and to ensure that the comprehensive status reports required as part of a CA are prepared on time, accurately, and meet the requirements of the OFFCP.
We partner and integrate with the team members responsible for the daily execution of tasks to administer to the CA. Most companies don’t have the luxury of assigning a current team member or bringing in a new team member to specifically oversee and manage the deliverables associated with their CA. That is where we come in. Our team has substantial experience operating in a hands-on capacity to provide this daily support. We are experienced with managing CA deliverables from the notification of class members to implementing processes changes to comply with applicant tracking and other compliance requirements and everything in between.
Our team becomes an active part of our client’s internal CA compliance team where work closely with their human resources specialists, management, and legal counsel to ensure all requirements of a CA are being managed effectively.
Class Member Mailings
As part of many Conciliation Agreements, class members are identified as impacted parties who are eligible for back wages and job opportunities. These class members must receive detailed communication on how to participate in the claim. We are experienced in completing these mailings, which must adhere to strict deadlines established in the CA, as well as performing the thorough tracking of every single mail item. We have developed a proprietary Class Member Mailing Tracking Tool which tracks all known information related to the mailings. Not just simple spreadsheet, our Class Member Mailing tracking tool allows administrators to know the number of respondents by job class, monetary amounts based on the current response rate, outstanding responses, order of receipt, notifications returned to sender and more.
Requirements Implementation and Integration
While Conciliation Agreements vary depending upon deficiencies found, we have assisted our clients in complying with these requirements from a daily, hands-on perspective. While working closely with legal counsel, we have successfully implemented programs and processes to support clients with the following CA requirements:
We work diligently in tandem with both the client executive and their legal counsel to improve existing employment programs and implement new ones to aid in compliance. By integrating with the client as a consulting team member, we become fully immersed in the existing systems and processes, including Human Resources Information Systems, Applicant Tracking Systems, and current policies. We seek to understand the challenges of the current staff responsible for taking actions and making decisions in each compliance area. In doing so, we are able to develop remedies that work for unique needs of each and every one of our clients on an ongoing basis.
Project Management and Reporting Preparation
While working with our clients and their legal counsel to bring our clients’ employment practices in to compliance, we keep track of our progress toward the CA’s reporting requirements.
It is vital that each remedy be implemented in a timely fashion and with an eye toward ensuring that the client is able to submit an accurate, detailed and timely report to the OFCCP with all supporting artifacts.
Well in advance of the required due date for submission, our team comes onsite to work directly with our client, interfacing with any and all individuals and departments that we need to in order to obtain the detailed information required. Our team works to collect, organize and prepare the report for presentation to the client executive and legal counsel.Upon approval by the client executive and their legal counsel of the content of the progress report, our team will prepare a final copy of the report for submission to the OFCCP. With the progress report completed, we perform a thorough review relevant to that particular reporting cycle, note any gaps, areas of weakness, and any deficiencies that have been identified, and develop a plan to address all areas in the next reporting period to ensure continued compliance with the terms of the CA.