WASHINGTON – The U.S. Department of Labor today announced a final rule, “Pre-execution notification and conciliation procedures”, to create a streamlined, efficient and flexible process that allows the Office of Federal Contract Compliance to strategically employ its resources to eliminate barriers to equal employment opportunity.
The final rule strengthens OFCCP’s enforcement of the law by rescinding evidentiary standards and definitions from a previous rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures for Resolving Potential Employment Discrimination,” which took effect in December 2020.
The new final rule also provides the agency with more flexibility in its pre-enforcement and conciliation procedures, promotes efficiency in case resolution, and promotes greater consistency with Title VII of the Civil Rights Act of 1964.
“Today’s final rule better aligns our procedures to allow us to use our resources more strategically to remove barriers to equal employment opportunity,” said Michele Hodge, Acting Director of the Office of Federal Contract Compliance Programs. “The rule also allows us to more effectively identify and remedy unlawful discrimination and provides federal contractors with early notice of our concerns and an opportunity to respond.”
The 2020 rule imposed inflexible evidentiary requirements at the beginning of OFCCP’s compliance evaluation process and attempted to codify complex definitions of “qualitative” and “quantitative” evidence and other standards. These definitions and standards hampered the agency’s ability to pursue meritorious cases and diverted agency and contractor resources from addressing discrimination.
The final rule retains the Predetermination Notice and Violation Notice codified in the 2020 rule and reestablishes the specific purpose of each notice. These notices allow OFCCP to provide findings related to discrimination during the different stages of the evaluation and provide federal contractors with the opportunity to respond.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These authorities, as amended, prohibit contractors and subcontractors doing business with the federal government from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and they may not retaliate against applicants or employees for engaging in protected activities. These authorities also require federal contractors to ensure equal employment opportunities for employees and applicants for employment. Learn more about OFCCP. Call 800-397-6251 for more information.
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