The Intersection Between Diversity and Affirmative Action: An Eye Opener

Recorded On: 10/28/2019

Federal affirmative action contractors and sub-contractors are required to collect and analyze a plethora of data related to applicants and employees. When properly prepared, affirmative action plans can be both compliant and insightful into the make-up of a contractor’s workforce and impact of its employment decisions. However, affirmative action plans do not tell the entire story from a diversity and inclusion perspective. In the current landscape, organizations of all types and sizes are feeling more pressure than ever, both internally and externally, to be diverse and inclusive. This session will focus on how employers can leverage their affirmative action obligations (and, perhaps, analytics) to create or support a corporate diversity program while side-stepping possible, negative legal consequences. We will explore using AAP data to investigate areas that are important for the achievement of diversity and inclusion and discuss practical ways to use existing data to develop plans for addressing and monitoring your organization’s efforts. Learning Objectives: Learn if your AAP statistics can be leveraged in your diversity and inclusion program; Understand how you use your AAP statistics to support your diversity program; Identify the concerns with using your AAP statistics to support your diversity program.

Laura Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group. Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling clients in connection with conducting pay equity analyses. Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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