If a compliance review, complaint investigation or other review by
OFCCP or its representative indicates a material violation of the equal
opportunity clause, and (1) if the contractor, subcontractor or bidder
is willing to correct the violations and/or deficiencies, and (2) if
OFCCP or its representative determines that settlement (rather than
referral for consideration of formal enforcement) is appropriate, a
written agreement shall be required. The agreement shall provide for
such remedial action as may be necessary to correct the violations and/
or deficiencies noted, including, where appropriate (but not necessarily
limited to), remedies such as back pay and retroactive seniority.
(E.O. 11246 (30 FR 12319) as amended by E.O. 11375 and 12086)
[44 FR 77002, Dec. 28, 1979; 70 FR 36265, June 22, 2005]
