Aligns with Executive Order Proposing Pay History Ban for Federal Contractors
On March 22nd, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a proposed modification to a final rule that aims to create a streamlined, efficient and flexible process allowing the department to use its resources strategically to remove barriers to equal employment opportunity. The proposed rulemaking seeks to revise the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination,” in effect since Dec. 10, 2020.
The 2020 rule codified two formal notices, the Predetermination Notice and the Notice of Violation, that the agency provides to federal contractors when it finds potential violations. These notices explain the concerns the agency has identified regarding noncompliance to federal contractors and give the contractor an opportunity to respond.
Under the proposal, OFCCP would rescind the evidentiary standards for providing employers with notice of discrimination concerns. It would also retain the required use of the Predetermination Notice and the Notice of Violation, with modified procedures that according to OFCCP “would allow the agency to consider the facts and circumstances of each case.”
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.