For years, many federal contractors have criticized the
Office of Federal Contract Compliance Programs (OFCCP) for misusing
statistical methods to support allegations of discrimination
against federal contractors and for general inconsistency in
conducting compliance reviews.
On November 10, 2020, OFCCP published in the Federal
Register a final rule on procedures to resolve
potential employment discrimination.1 This rule
purports to address some of these criticisms by adopting standards
that are intended to "increase clarity and transparency for
federal contractors, establish clear parameters for OFCCP
resolution procedures, and enhance the efficient enforcement of
equal employment opportunity laws."2