OFCCP Revises Policy on Predetermination Notices

On February 27, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to establish consistent use of predetermination notices (PDN) for discrimination cases throughout all regions. A PDN is a letter that the OFCCP uses to inform federal contractors and subcontractors of the agency’s preliminary findings of employment discrimination; in recent years, it has been used primarily for systemic discrimination cases, at the discretion of field officers. Under the revised guidelines, regional compliance officers must issue PDNs at the conclusion of compliance evaluations of both systemic and individual cases where the contractor has not provided adequate explanation in response to proposed discrimination findings. The PDN gives the contractor 15 additional calendar days to respond before the agency issues a Notice of Violation (NOV).

For more information, see the OFCCP directive.