The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) most typically will settle material allegations of noncompliance that arise during an audit or complaint investigation involving a federal contractor through a formal conciliation agreement (CA). A conciliation agreement is a legally enforceable document that outlines in writing the parties’ understandings and agreements to resolve findings of noncompliance.
And while a CA ostensibly resolves a pending OFCCP enforcement action, it is important to keep in mind that a CA almost always obligates the contractor to take some form of remedial action, and that OFCCP has the power to monitor and enforce those promises. Indeed, in the only two formal administrative enforcement actions that we are aware of brought thus far by the Trump Administration’s OFCCP, the agency sued the contractor for failure to comply with the terms of a CA.
Members of the Center for Workplace Compliance (CWC) can read more here.