The Office of Federal Contractor Compliance Programs (OFCCP) published a Final Rule on “Pre-enforcement Notice and Conciliation Procedures,” rescinding the evidentiary standards and definitions codified in 2020 which limited the agency’s ability to tailor its pre-enforcement processes to the specific facts and circumstances of each compliance evaluation. The predetermination notice (PDN) is a letter that OFCCP uses to inform federal contractors of the agency’s preliminary findings of potential employment discrimination. The 2023 rule took effect Sept. 5, 2023, and applies to any PDN or action issued on or after the effective date. For more information, see the OFCCP site.