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ARTICLE · 08 AUGUST 2023

OFCCP Publishes Rule Modifying Pre-Enforcement Notice And Conciliation Procedures

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On August 4, 2023, OFCCP published its final rule, "Pre-Enforcement Notice and Conciliation Procedures" (the "New Rule") which "modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.

United StatesEmployment and HR
Guy Brenner
Guy Brenner
Olympia Karageorgiou
Olympia Karageorgiou
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On August 4, 2023, OFCCP published its final rule, "Pre-Enforcement Notice and Conciliation Procedures" (the "New Rule") which "modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation." In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that "strengthens [OFCCP's] ability to investigate and remedy employment discrimination."

The New Rule amends the agency's "Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination" rule (the "Current Rule"), which, when promulgated, was hailed as providing contractors with transparency and clarity regarding the procedures and standards by which OFCCP can issue discrimination findings. The New Rule undoes many of the Current Rule's welcome features. For example, the New Rule:

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