Ely A. Leichtling, Retired Partner

OFCCP/Affirmative Action Experience

When the Department of Labor and its Office of Federal Contract Compliance Programs (OFCCP), or similar state or local agencies, become involved in an employer’s business operations, Ely is there to help. Some examples of his work include

  • Representation of numerous government contractors and subcontractors in successfully closing out affirmative action program reviews at the desk audit stage, with “no action” letters from the OFCCP.
  • Successfully convincing the OFCCP to terminate numerous compliance audits by showing that (a) the company being audited was not a covered government contractor or subcontractor (including hospitals and medical clinics providing services to federal employees covered by the Federal Employee Health Benefits Program) and (b) although the company’s parent or subsidiary was a covered contractor or subcontractor, the company and its parent or subsidiary did not qualify as a “single employer” under the OFCCP’s test for coverage, including a major manufacturing subsidiary of a corporate parent who had just successfully completed a Corporate Management Review (“Glass Ceiling Audit”) in the prior year.
  • OFCCP compensation audits — resolving audits without payment of any back pay, through use of comparator and/or statistical analyses. The notice of violation had initially been issued on allegations by the OFCCP of statistical discrimination that had been made in the following back pay amounts:
    • Over $1,800,000 (including value of benefits) – laborers (helpers) – OFCCP alleged that the hiring rate for minority applicants was more than 3.00 standard deviations less than expected, a 17-person shortfall – Indiana District Office.
    • Over $1,100,000 – operatives (drivers) – OFCCP alleged that the hiring rate for minority applicants was more than 3.25 standard deviations less than expected, a 37-person shortfall – St. Louis District Office.
    • Over $1,050,000 – laborers and operatives (testing issues) – OFCCP alleged that the hiring rate for minority applicants was more than 3.4 standard deviations less than expected and for female applicants was more than 2.5 standard deviations less than expected, a 18-person shortfall – Milwaukee District Office.
    • Over $1,000,000 – craft workers and operatives – Northern New Jersey District Office.
    • Over $600,000 – officials, managers and professionals – New York City District Office.
    • Over $450,000 – upper management, supervisors, professionals, and office and clerical – Columbus District Office.
    • Over $275,000 – laborers – construction contractor – OFCCP alleged that the hiring rate for minority applicants was more than 5 standard deviations less than expected, a 17-person shortfall – Milwaukee District Office.
    • Over $250,000 – managers, supervisors, and sales workers – Boston District Office.
    • Over $150,000 – operatives and laborers – Seattle District Office.
    • Over $100,000 – professionals, technicians and office, and clerical – Milwaukee District Office.
    • Over $75,000 – operatives – Minneapolis Area Office.