7C01 Corrective Remedies

Part of a complete remedy is the corrective remedy. Corrective remedies stop the violation and protect against its recurrence.364 For example, to correct hiring discrimination caused by treating applicants differently during a subjective interview, corrective remedies could include stopping the use of the discriminatory interviews, substituting legitimate objective criteria (i.e., objective criteria with no unjustified adverse impact) and establishing a monitoring system to ensure that the contractor applies the criteria in a nondiscriminatory fashion.

If an unvalidated or invalid test has an adverse impact, then corrective action would include eliminating the use of the test, continued use of the test in a manner that eliminates its adverse impact (e.g., changing the cut-off score) or validating the test in compliance with the UGESP, thereby demonstrating its job-relatedness.

364. See also FCCM 7C12 – Nonmonetary Relief.