Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in response to the agency’s formal proposal to revise the 2020 “Enforcement Rule” issued by the Trump Administration that established a framework for identifying, documenting, and communicating discrimination allegations. OFCCP is proposing the changes based on a claim that the 2020 rule imposes unnecessary hurdles to “the effective exercise of OFCCP’s enforcement discretion.”
And while the proposal would helpfully continue the agency’s use of two pre-enforcement notices – Predetermination Notices (PDNs) and Notices of Violation (NOVs) – it would unfortunately rescind the 2020 rule’s evidentiary definitions and standards that OFCCP must apply when issuing a PDN or NOV. Our comments recommend that OFCCP retain these important evidentiary standards or at minimum offer some legal basis upon which to justify issuance of a PDN or NOV.
Members of the Center for Workplace Compliance (CWC) can read more here.