A Wolf In Sheep’s Clothing? OFCCP’s New Directive on Expedited Conciliation Procedures
On July 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published Directive (DIR) 2024-01, containing a mechanism for conciliating issues found by OFCCP during compliance evaluations through expedited conciliation. Quick Hits OFCCP published directive providing new procedures for “expedited” conciliation during compliance evaluations. OFCCP anticipates that negotiations under these procedures will last no longer than sixty days. Such expedited conciliation agreements require reporting to OFCCP and may allow the agency to scrutinize and possibly renew investigation of future contractor data and processes. The new procedures allow contractors facing a compliance review to waive formal pre-enforcement notice procedures in favor of an “expedited” conciliation process, details of which depend on whether OFCCP’s investigation seeks remedies for discrimination or “technical” violations. Any Early Resolution Conciliation Agree...