- What is an opinion letter?
- How can I request an opinion letter?
- What information do I need to include when I ask for an opinion letter?
- If I ask for an opinion letter, will OFCCP schedule my company for a compliance evaluation?
- Can a contractor be found in violation for an action taken or not taken based on guidance provided by OFCCP in an opinion letter?
- Can I ask for an opinion letter regarding an open or ongoing compliance evaluation?
What is an opinion letter?
An opinion letter is an official written opinion by OFCCP of how a particular law that OFCCP enforces applies in specific circumstances presented by the requester.
How can I request an opinion letter?
You may request an opinion letter by mail, email, or submiting your request through the Ask a Question portal found on OFCCP’s website in the Contact Us menu.
U.S. Department of Labor – OFCCP
Attention: OFCCP Help Desk
200 Constitution Ave NW
Washington DC, 20210
Email Address: OFCCPOpinionLetters@dol.gov
What information do I need to include when I ask for an opinion letter?
A request for an opinion letter should include:
- A description of any facts that may be relevant to the opinion sought;
- The requester’s email or mailing address (to which a receipt confirmation and response will be sent); and
- A telephone number should OFCCP need to discuss the request with the requester.
A requester may withdraw his or her request at any time prior to the issuance of the opinion letter; withdrawal requests may be documented in a letter or email sent by the requester.
Please do not include any personal privacy information (e.g., social security numbers, etc.) in the content of your request for guidance. Additionally, please do not include information in your request that you consider to be a trade secret or confidential commercial information. Any information that you include in the content of your request may be incorporated into any response that we provide; such responses are made available to the public on OFCCP’s website.
If I ask for an opinion letter, will OFCCP schedule my company for a compliance evaluation?
OFCCP will not schedule a compliance evaluation because a contractor requests an opinion letter. OFCCP has a neutral selection procedure for scheduling compliance evaluations. For more information on the scheduling process, please see our FY 2019 Supply & Service Scheduling List.
Can a contractor be found in violation for an action taken or not taken based on guidance provided by OFCCP in an opinion letter?
OFCCP issued DIR 2019-03, Opinion Letters and Help Desk, with the intent that a contractor could ask OFCCP for fact-specific guidance and rely on the guidance provided in the opinion letter to comply with its equal employment opportunity obligations. As a general rule, a contractor would not later be found in violation of OFCCP regulations for following the guidance set forth in the opinion letter in good faith. However, per the directive, "as a matter of prosecutorial discretion, OFCCP also would consider whether a contractor acted consistently with an Opinion Letter, Directive, FAQ or Help Desk answer when determining whether to cite a violation for related actions."
Can I ask for an opinion letter regarding an open or ongoing compliance evaluation?
No. A request for an opinion letter should not raise questions about current open compliance evaluations or ongoing litigation in which the requester is involved.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Last updated on October 4, 2019