The Center for Workplace Compliance (CWC) wrote a comment letter to the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) expressing conditional support for the agency’s intent to implement a new intake form as part of its formal discrimination complaint process.
CWC’s comments agree with OFCCP that establishing a new pre-complaint process will help the agency pre-determine important threshold issues, such as coverage, timeliness, or jurisdiction, which can both conserve OFCCP’s limited investigative resources and dispose of untimely or frivolous allegations.
OFCCP has proposed requiring a person to fill out a new pre-complaint intake form (new Form CC-390) before filing a formal discrimination complaint (Form CC-4).
CWC conditioned its support on the retention of language in the instructions for Form CC-390 stating that the form does not replace a formal complaint, clarifying that agency staff will not conduct a pre-investigation of a contractor’s personnel practices during the pre-complaint inquiry, and informing a potential complainant that submitting Form CC-390 will not delay the time period for filing a formal complaint.
Members of the Center for Workplace Compliance (CWC) can read more here.