7C09 Calculation of Remedies in Systemic Discrimination Cases

There are two models used to calculate remedies in systemic discrimination cases:

  • Victim-specific or individual remedies for identified individual victims of discrimination (“victim-specific remedies”), explained below in FCCM 7C10; and
  • Formula relief designed to remedy a class of discrimination victims whereby everyone in the class receives the same remedy (“formula relief”), explained below in FCCM 7C11.

The initial step in fashioning relief is to determine which remedy model to use. Generally, OFCCP will not interchange the elements of the two approaches when providing relief.