If the CO’s investigation results in a finding of discrimination, a violation NORI must be issued.356 In dual filed cases under Section 503/ADA or Executive Order 11246/Title VII, if OFCCP issues a violation NORI, it will not issue a Notice of Right-to-Sue. A violation NORI invites the contractor to resolve the violations found through conciliation by informal means. The CO should telephone the contractor within five business days of its receipt of the NORI to arrange the conciliation meeting.
a. Conciliation Meeting. The conciliation meeting is the method by which OFCCP attempts to obtain voluntary compliance. The complainant is not a party to the conciliation. However, the CO should keep the complainant informed of the progress of any discussions and meetings, in order to gather further input and to discuss proposed settlements.
b. Reasonable Conciliation Agreement. If the field office believes it has arrived at a reasonable CA, which the complainant accepts, the contractor will acknowledge its responsibility by signing a CA.357
If the complainant will not accept what the field office considers to be a reasonable conciliation, the field office may cease its efforts on behalf of the complainant, but must nevertheless obtain from the contractor correction of any policies or practices which caused the discrimination. The steps in accomplishing this are as follows:
1. Request that the contractor submit, in writing, a full statement of its terms for conciliation to be maintained in the case file;
2. Notify the complainant, in writing, of the full details of the CA and request a written reply accepting or rejecting the conciliation terms;
3. If the complainant rejects the terms of conciliation and the field office considers the terms to be reasonable, the office will provide the complainant an opportunity to reconsider the conciliation terms; and
4. If the field office considers the offered conciliation terms to be reasonable and the complainant persists in refusing to accept them, the office will cease its efforts on behalf of the complainant and close the case file, providing the complainant with a Notice of Right-to-Sue.358 The office will obtain from the contractor a CA resolving all discriminatory policies and practices.359
c. Seeking Compensatory and Punitive Damages as EEOC’s Agent. In accordance with 41 CFR Part 60-742 and the MOU with the EEOC, OFCCP will act as EEOC’s agent for obtaining relief for all aggrieved people covered by a dual filed Section 503/ADA complaint or an Executive Order 11246/Title VII complaint, respectively. The field office will attempt conciliation to obtain relief for victims who have suffered pecuniary losses and intangible injuries. The Regional Director shall be involved in the conciliation process for cases involving potential compensatory and punitive damages. When potential punitive damages are involved, the Regional Director must consult with the RSOL and the Director of Program Operations. OFCCP may seek compensatory and punitive damages as EEOC’s agent during conciliation, but OFCCP may not seek such damages when it files a complaint.
356. See Letter L-25 – Notification of Results of Investigation: Violation.
357. See FCCM Chapter 8 – Resolution of Noncompliance.
358. See Letter L-24 – Notice of Right-to-Sue (Administrative Closure). Appendix A-11 – Information Related to Filing Suit under Title VII and Title I of the ADA must also be included with the Notice of Right-to-Sue.
359. See FCCM Chapter 8 – Resolution of Noncompliance.