On March 19, 2018, the Office of Federal Contract Compliance Programs (OFCCP) began mailing scheduling letters for a compliance evaluation. Typically, contractors receiving a letter will have also received a prior courtesy notice (CSAL). After receiving a scheduling letter, contractors have the standard 30 days to submit their Affirmative Action Program (AAP). Given this advance notice, extensions to submit the AAP are typically not granted for routine business reasons and would generally be limited to 15 days if they were granted.
In addition, the OFFCP recently announced that as part of the agency’s continuing efforts to increase transparency of preliminary findings with federal contractors, and to achieve consistency across all regional and district offices, it is standardizing the use of Predetermination Notices (PDN). The change will give all contractors an opportunity to respond to a preliminary finding of employment discrimination before the agency issues a Notice of Violation (NOV).
Under the new directive, which is considered interim guidance until the agency’s compliance manual is updated, the OFCCP will issue PDNs for preliminary individual and systemic discrimination findings identified during the course of compliance evaluations.
Compliance officers and other responsible staff are now required to issue PDNs at the conclusion of compliance evaluations in which the contractors have failed to provide adequate explanations to proposed discrimination findings. The PDN, in the form of a letter from the OFCCP to the contractor, gives the contractor 15 additional calendar days to rebut the agency’s proposed findings that there is sufficient evidence of discrimination.
The corresponding regional Office of the Solicitor is required to review PDNs before they can be submitted to the OFCCP’s national office for review and final decision.
Source: CCH/Wolters Kluwer; Michael Hyatt, HR Government Affairs Director, MRA – The Management Association