Human Resource & Labor News
www.agc.orgMarch 15, 2018 / Issue No. 03-18
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On the Inside
AGC Events
Final Chance to Submit Presentations for AGC’s 2018 Construction HR and Training Professionals Conference!
Union Contractors Committee Hosts Two Sessions at AGC Convention and Plans Conference Calls for 2018
ICE Steps Up Immigration Raids
Labor Law
NLRB Vacates Hy-Brand and Revises AGC-Opposed Browning-Ferris Standard for Joint Employer Status
Wages & Benefits
AGC Supports Expansion of Small Business Health Plan Options; Urges DOL to Protect Chapter-Sponsored Health Plans
DOL Launches Pilot Wage Violation Self-Reporting Program
Equal Employment Opportunity
OFCCP Issues Directive on Predetermination Notices Providing Transparency to Federal Contractors
Equal Employment Opportunity
OFCCP Issues Directive on Predetermination Notices Providing Transparency to Federal Contractors

As part of its ongoing efforts to increase transparency of preliminary findings with federal contractors, achieve consistency across regional and district offices, and encourage communication throughout the compliance evaluation process, the Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2018-01 standardizing the use of Predetermination Notices (PDN).  A PDN is a letter that OFCCP uses to inform federal contractors and subcontractors of the agency’s preliminary findings of employment discrimination.  In recent years, OFCCP has typically reserved use of the PDN for systemic discrimination cases and permitted regional and district offices discretion in whether to issue the PDN prior to issuing a Notice of Violation (NOV).  The intent of Directive 2018-01 is to provide a uniform protocol for OFCCP staff to follow across all of its regions for using PDNs in both individual and systemic discrimination cases.

OFCCP compliance officers and other responsible staff must now issue PDNs at the conclusion of compliance evaluations where contractors have not provided adequate explanations to proposed discrimination findings.  The PDN, in the form of a letter from OFCCP to a contractor, provides the contractor 15 additional calendar days to rebut OFCCP’s proposed findings that sufficient evidence exists of discrimination.  OFCCP also orders that any NOV not yet issued must be held and a PDN issued in its place to allow contractors an opportunity to respond to the agency’s preliminary findings.

For more information, contact Claiborne Guy at or 703-837-5382.
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