OFCCP Publishes Final Rule for Federal Contractors’ Resolution of Potential Employment Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) has published a final fule for “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination” in the Federal Register. The final rule provides contractors with a better idea of OFCCP’s standards for compliance evaluations, and establishes parameters for resolution procedures, including:

  • The definition of two new terms that clarify the types of evidence OFCCP relies upon to support predetermination notices (PDN) and Notices of Violation (NOV):
    • Qualitative evidence: includes documents, testimony, and interview statement
    • Quantitative evidence: includes analytical evidence, such as cohort analyses and descriptive statistics
  • The timeframe for contractors to respond to a PDN has increased from 15 days to 30 days.

See the final rule here.