Pamela M. Ploor, Partner

Representative Affirmative Action / OFCCP Work

  • Regularly supervises in hand-on manner preparation of clients' affirmative action plans (AAPs) and works with clients' consultants. This includes all details associated with plan creation, such as:

    • Structure of clients' plans when clients have multiple corporate entities, including some joint ventures
    • Structure of plans within each site
    • Composition of job groups
    • Internal and external feeder jobs and their impact on availability and goals
    • Goals
    • Impact ratio analyses
    • Good faith outreach efforts with current emphasis on veterans and disabled persons
    • Discussion of personnel activity and problem areas
    • Testing
    • Accessibility of applicant process to disabled persons
    • Compensation analyses
    • EEO-1 reports
    • 4212 report (formerly Vets-100A report)
  • Advises clients on objections to OFCCP's assertion of jurisdiction and best approaches to achieve administrative closure of audits, such as:
    • Achieved administrative closure of OFCCP compliance evaluation without conciliation agreement when contractor did not comply with OFCCP’s affirmative action obligations during federal contract or during audit.
    • Achieved administrative closure of financial technology company’s OFCCP compliance evaluation by demonstrating location under audit was separate from federal contract held by subsidiary.
    • Achieved administrative closure of financial institution’s OFCCP compliance evaluation by demonstrating contract with an independent federal agency was not a covered federal contract.
    • Achieved administrative closure of OFCCP compliance evaluation of a company by demonstrating company’s relationship with federal agency was not a covered federal contract.
    • Achieved administrative closure without violation of OFCCP compliance evaluation of a construction contractor that had not complied with OFCCP obligations before audit.
  • Counsels construction contractors on practical compliance with federal and state affirmative action programs and projects' numerical goals/benchmarks.
  • Contributes in the following areas:
    • Advises on useful metrics and analyses of AAP for communication to senior leadership in easily understandable terms regarding effectiveness of efforts and demonstrable results within bounds of non-discrimination laws.
    •  Creation and implementation of and compliance with vendor diversity programs within the bounds of non-discrimination laws.
    • Advises local and national clients on OFCCP issues, including creation and structure of AAPs, OFCCP audits, recordkeeping, HRIS issues, and applicant tracking issues.
    • Advises clients on affirmative action obligations as part of due diligence in acquisitions and analyzes prior efforts and incorporation of new entity’s plans and actions into acquirer’s affirmative action program.