OFCCP issues final rule on procedures for resolving potential discrimination

On November 10, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule (https://www.federalregister.gov/documents/2020/11/10/2020-24858/rin-1250-aa10) on resolving discrimination claims against federal contractors. The rule clarifies the evidence necessary to support the agency's pre-determination notice (PDN) and notice of violations (NOV). It also codifies how contractors can expedite the conclusion of a compliance evaluation before either a PDN or NOV is issued. In addition, the final rule:

• Defines the qualitative and quantitative evidence the OFCCP must identify in support of either a PDN or NOV;
• Codifies how the agency should use practical significance in assessing potential violations;
• Differentiates the procedures and burdens for disparate treatment versus disparate impact cases;
• Requires the OFCCP to explain the basis for its findings; and
• Provides a legal framework for early resolution procedures during a compliance review.

Legal, administrative challenges to EO 13950