As anticipated, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking (NPRM) to revise the rules for resolving material violations of its regulations discovered during a compliance evaluation.
In addition to proposing new definitions for both “statistical” and “nonstatistical” evidence, the revised regulations would establish a framework for how discrimination allegations are identified, documented, and communicated to federal contractors, through the use of predetermination notices (PDNs) and notices of violation (NOVs). In proposing these clarifications, the agency acknowledges that the “inconsistent use” of PDNs and NOVs in the past has created inefficiencies and uncertainty for federal contractors.
OFCCP is allowing only a 30-day comment period on its proposal, meaning comments must be filed by January 29, 2020. The NPRM, published on December 30, 2019, is available here.
Members of the Center for Workplace Compliance (CWC) can read more here.