OFCCP Proposes Rules Codifying Procedures For Resolving Alleged Violations And Setting Thresholds For Discrimination Findings

Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would "codify the procedures that the agency currently uses to resolve potential discrimination and other material violations" and "clarify definitions to specify the types of evidence OFCCP will use to support its discrimination findings."  The procedures dictate OFCCP's use of Predetermination Notices (PDNs) and Notices of Violation (NOVs), and also provide the statistical and non-statistical requirements for discrimination findings.

Key Takeaways:

The proposed rule has a number of important components.  First, it codifies the procedures for two formal notices—PDNs and NOVs—OFCCP uses to notify contractors of findings of employment discrimination.  As such, if adopted, the proposed rule will provide contractors more clarity with regard to this process and make it more difficult for the agency to change the process.  The agency has been criticized for having opaque and inconsistently