OFCCP Issues Directive on Use of Predetermination Notices

The Director of the Office of Federal Contract Compliance Programs has issued a directive that is intended to establish the consistent use of Predetermination Notices (PDNs) in compliance evaluations.

As explained by the OFCCP, a PDN is a letter that informs contractors of a preliminary finding of individual or systemic employment discrimination and, where the contractor has not provided adequate explanations, provides them with an opportunity to respond to such finding before a Notice of Violation is issued. Responses must be provided within 15 calendar days. While PDNs have been utilized sporadically in the past, the directive is “part of OFCCP’s efforts to achieve consistency across regional and district offices, increase transparency about preliminary findings with contractors, and encourage communication throughout the compliance evaluation process.”