OFCCP Enforcement Trends: How to Proactively Prepare for an Audit

SHRM 2013 Employment Law and Legislative Conference
Workplace Application: To avoid the risk of monetary sanctions or even debarment for noncompliance, federal contractors will benefit from a review of their various nondiscrimination and affirmative action requirements.
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Compliance with federal provisions is a condition for receiving federal funds as a covered contractor. What happens at the OFCCP may affect your compliance responsibilities, so it’s vital to learn about the agency’s latest changing approach to investigating an employer's affirmative action efforts on behalf of veterans and individuals with disabilities. In addition, proposed revisions to its regulations concerning veterans, disability, and compensation will be discussed. This informative session also include a discussion of current OFCCP activities surrounding investigating contractor compliance, conducting adverse impact analyses and reviewing contractor compensation practices in compliance reviews. Finally, you’ll obtain the presenter’s practical advice, tips, and suggestions for:

  • Self-auditing your employment practices.
  • Identifying and correcting problem areas, prior to an audit.
  • Responding to OFCCP audit questions. 
Date(s) & Time(s): 
Monday, March 11, 2013 - 2:00pm to 3:30pm

Lynn Clements


Lynn Clements is Director, Regulatory Affairs at Berkshire Associates Inc. where she oversees all Office of Federal Contract Compliance Programs (OFCCP) compliance audits on behalf of Berkshire clients and serves as a strategic advisor regarding statutory, regulatory and legal developments in the areas of EEO and Affirmative Action.

She was formerly an Attorney in the Baltimore, Maryland office of Jackson Lewis P.C., focusing her practice on counseling and advising clients on complying with workplace laws, OFCCP and EEO compliance, disability leave management, management training.  She regularly represented employers before federal, state and local government agencies, including in large-scale systemic matters.

Prior to 2009, Clements served in several senior-level policy positions at the U.S. Department of Labor (DOL) and the U.S. Equal Employment Opportunity Commission (EEOC).  Clements was a senior policy advisor to the Assistant Secretary for the Employment Standards Administration (ESA) at the DOL. Clements also served as the Acting Director/Deputy Director of the Policy Division of the OFCCP, where she oversaw all policy initiatives, including the OFCCP’s systemic discrimination and compensation audit protocols, and its implementation of the Internet applicant rule and online accessibility requirements.  From 2001-2006, Clements was a senior legal advisor to the Vice Chair and Legal Counsel of the EEOC where she advised agency officials on high-profile policy and enforcement actions, including the agency’s systemic discrimination initiative.  Clements is a regular presenter of management and employee training at all levels of organizations and has testified before Congress regarding EEO issues.

Hyatt Regency Washington on Capitol Hill
Amount of Credit: 
Credit Type: 
HR Credit
Session Type: 
Concurrent Session
Critical Evaluation
Intended Audience: 
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