Pre-Determination Notice

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As previewed yesterday in OFCCP Interim Director Michelle Hodge’s keynote remarks during the opening day of the NILG 2023 National Conference, OFCCP has released the final rule on “procedures for identifying and remedying discrimination in federal contracting.” Commonly referred to as the PDN rule, the Pre-Enforcement Notice and Conciliation Procedures rule will be officially published…

Day One of the NILG 2023 National Conference is in full swing. Not deterred by the outdoor temperatures, conference attendees, presenters, vendors and Agency representatives enjoyed a first day’s agenda overflowing with informative sessions where “ideas are nurtured and knowledge is exchanged” as part of this year’s conference theme of “Transforming for Tomorrow.”

The Opening…

As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.  The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement activities.

In today’s message from…

The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond.  While OFCCP may not complete all (or even any) of these goals during the current fiscal year, the Agenda provides insights into the…

As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published in the Federal Register.

The main purpose of rule is to codify practices to “provide contractors with greater certainty” about the…

In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN).  The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV).

Regular issuance of…

This week the Department of Labor announced its spring 2019 Regulatory Agenda.   Included was an new item from OFCCP that was part of its prior published regulatory agenda.  As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).
Continue Reading OFCCP Adds to 2019 Rulemaking Agenda