Audit Support - Am I in Compliance?
Don't wait for an Agency audit, charges or investigations, to find out you are not in compliance or otherwise at risk
Do you ever wonder if your HR practices and systems could cause liability? Are you doing any of the following:
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Hiring under the "friends and family" program?
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Using "temps" as your hiring pool?
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Not analyzing AI usage for adverse impact?
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Not reviewing applicant tracking system for risk?
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Not training managers on what to do with a request for a religious or disability accommodation?
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Offering new hire compensation without internal equity analysis?
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Not listing job openings with relevant state employment offices?
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Doing pre-employment testing?
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Using Evergreen jobs?
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Not managing your applicant tracking system?
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Failing to collect necessary data and demographics for defense purposes?
The Arbor Consulting Group has over three decades of experience in Regulatory Compliance, including preparing Affirmative Action Plans, and defending audits conducted by the Office of Federal Contractors Compliance Programs (OFCCP). We have an exemplary track record of closing audits with either zero or minor technical violations, even in situations where it appears the audit is heading towards major violations. Arbor also handles all aspects of Affirmative Action support such as training, compensation equity analyses, applicant tracking implementation review, State affirmative action/EEO requirements and AAP’s and M&A due diligence. In addition, Arbor will conduct mock OFCCP audits to help an organization determine if it is in compliance, before the audit notice arrives, including preparing for the new 503 Focused Reviews and the VEVRRA Focused Reviews.
M&A Due Diligence
Do you know what to look for in
assessing any potential liability from a
company's HR and federal contract programs?
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Review critical EE0, Religious Accommodation, and Anti-harassment policies for alignment with government initiatives.
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With Arbor's decades-long experience in successfully taking clients through federal agency audits, we can assess any potential federal contractor liability as your business grows and you are acquiring another company.
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“No surprises” is our rule of thumb. Don't become a federal contractor by acquiring an entity that already is one when you didn't expect it. If you are a federal contractor, we can help uncover any unresolved audit issues or agency charges and their associated costs and risks during the M&A process.
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Reviews should include FAR Clause compliance; applicant tracking risk factors, use of AI in recruiting; compensation equity alignment.
Applicant Tracking Risk Management
Some questions to ask to determine
the level of potential risk?
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Is your applicant flow and ATS actively managed or just passively accumulating liability?
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Are you allowing applicant pools to get too large, increasing the likelihood of disparity and discrimination charges?
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Are you using Evergreen jobs and keeping positions open indefinitely?
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Are you using disposition codes effectively to distinguish between a job seeker and a true applicant who must be counted and analyzed?
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Have you trained your recruiters/hiring managers on managing applicant flow and the consistent use of disposition codes?
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Are your Self-ID forms correct; don’t rely just on the software?
Compliance with FAR/DEI Discrimination Clause
Potential for triple damages/contract termination
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Review of company programs for compliance
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ERG's
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Charitable giving
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Mentoring programs
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Hiring/recruiting outreach
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Internships, and more
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FAR clause flow-down to subcontractors to inform and monitor
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Review of contracts to assure clause is embedded and applicable (do exceptions apply?)
Compensation Equity Analysis
Preventative Analysis and
Risk Assessments
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Confidential pay equity studies conducted under attorney-client privilege
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Wage gap studies
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Analyses by gender, race, age and other factors
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Risk evaluation under Equal Pay Act and Title VII standards
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State pay equity requirements
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Organization-wide large-or small-scale studies
Lauded by HR Leaders, Attorneys and
Federal Agencies
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Title VII Disparity analyses
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Reduction in Force analyses
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Barrier analyses
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AAPs built for strategic defense of the organization
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Audit tested and commended by legal counsel and federal agencies, alike
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Specialized AAP architecture design
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Supply and service AAPs
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Construction AAPs and supporting compliance Items
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Academia and University AAPs
Investigation and Audit Support
We are fierce advocates for our clients while maintaining respect from the OFCCP and other agencies
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SWAT team approach using seasoned, multi-disciplinary consultants
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Expert witness services
- Successful conclusion of investigation without litagation
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High audit closure rates with no violations or only minor technical violations
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All audit types - traditional supply and service; construction; compliance checks; 503 and Veteran Focused Reviews
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Conciliation agreement and consent decree negotiations and implementation
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Tracking and monitoring for specialized reporting to OFCCP, DOJ, state, and other agencies
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Audit preparation training
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Compliance implementation checklists
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I-9 Audits
Compliance Training
How to manage HR and government contractor risk
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Leadership briefings
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Human Resource regulatory compliance training
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Recruiter training on managing applicant flow
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Audit preparation briefings
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Large-format webinars
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Private seminars and workshops
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Customized training and webinars for specific client needs
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Specialized briefings for Boards and Executive Teams
State AA and Pay Equity Requirements
Doing business with a state, county, or city?
AA requirements and pay equity requirements at the state, county, and municipality levels are different and sometimes more complex than the federal requirements.
In addition, many states have different protected classes from the federal government.
If you have state, county, or city contracts, Arbor can help you sort it all out.
Construction Industry Services
Special aspects of construction contracts
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Direct Federal contract/subcontract
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Federal financial assistance
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Review of federal contract/subcontract requirements
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State and city requirement assessments
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Pay equity studies
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If you have construction contracts, Arbor can help you sort it all out
