DOL Publishes Final Rule to Codify Procedures OFCCP Uses to Resolve Potential Employment Discrimination

Today, November 5, 2020, OFCCP published the final rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Decisions”. In additional, the rule clarified definitions to specify the types of evidence OFCCP uses to support its discrimination findings.

The rule codifies two formal notices that OFCCP uses around violations of Executive Order 11246 or OFCCP regulations implementing the Executive Order: the Predetermination Notice and the Notice of Violation.

DCI is in process of fully digesting the final rule and will keep you updated on the implications for federal contractors in the coming days.

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