Government Contracts Rule Codifies OFCCP Procedures to Resolve Potential Discrimination
Tuesday, December 8, 2020

Rule Codifies OFCCP Procedures to Resolve Potential Discrimination

By Government Contracts Editorial Staff

A final rule issued by the Department of Labor amends 41 CFR Parts 60-1, 60-2, 60-300, and 60-741 to codify procedures that the Office of Federal Contract Compliance Programs uses to resolve potential discrimination and other material violations of the laws and regulations that it administers and applies to contractors and subcontractors. The final rule also adds clarifying definitions to specify the types of evidence that OFCCP uses to support its discrimination findings. According to DOL, the final rule increases clarity and transparency for contractors, establishes clear parameters for OFCCP resolution procedures, and enhances the efficient enforcement of equal opportunity laws. The rule will also help OFCCP increase the number of contractors that it evaluates and focus on resolving stronger cases through the strategic allocation of limited agency resources.

Consistent Parameters. The procedures codified in the final rule attempt to achieve these goals by increasing the transparency of OFCCP’s operations so that contractors and the agency can resolve potential violations through a clear, mutual understanding of the issues. The final rule enables OFCCP to pursue resolution of stronger cases efficiently, and as early in the compliance evaluation process as possible, through the Predetermination Notice procedures and the early resolution conciliation option. In what DOL considers a critical move, the final rule also establishes consistent parameters for findings and preliminary findings of discrimination and will provide contractors with more certainty as to OFCCP’s operative standards for compliance evaluations. Finally, the rule provides “guardrails” on the agency’s issuance of pre-enforcement notices. The rule goes into effect on December 10, 2020. For the text of the rule, see 85 FR 71553.

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