Today, DOL’s Office of Federal Contract Compliance Programs (OFCCP), published “Pre-enforcement Notice and Conciliation Procedures,” a final rule modifying the original rule from December 2020, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination”. Citing that the 2020 rule hindered OFCCP’s compliance evaluation process with “inflexible evidentiary requirements,” the new final rule rescinds those standards and is more closely aligned with Title VII of the Civil Rights Act of 1964.
In a blog posted today by Acting Director Michele Hodge, she explains the final rule “strengthens our ability to investigate and remedy employment discrimination…” The agency will operate under more flexible pre-enforcement and conciliation procedures and with increased efficiency in case resolution.
The agency will continue to promote transparency and consistency by retaining the use of the Predetermination Notice and the Notice of Violation as codified in the 2020 rule.
The revised procedures take effect on September 5, 2023. Read the Final Rule for more information.