This chapter contains methods for designing remedies for employment discrimination. It does not address the investigative steps of a compliance evaluation or complaint investigation. The process for investigating potential discrimination is set out in the preceding chapters of this Manual.
This chapter is applicable to designing employment discrimination remedies under Executive Order 11246, as amended; Section 503, as amended; and the VEVRAA, as amended.
During the investigative phase of the compliance evaluation and complaint investigation, the CO completes the appropriate report, such as the SCER Parts B and C, for a supply and service compliance evaluation. Once the CO completes the investigation and has analyzed all the information gathered, the CO determines, in consultation with his or her supervisor, whether there are findings of discrimination. This phase is sometimes referred to as the liability phase. The CO records liability findings in the appropriate SCER for compliance evaluations or, for complaint investigations, the Investigative Report. The findings are then communicated to the contractor as described in FCCM Chapter 8.
When the CO concludes that there was employment discrimination in violation of one or more of the laws OFCCP enforces, the CO, in consultation with his or her supervisor, will offer to conciliate a settlement with the contractor. Prior to this offer, the CO will design a remedy to present during the conciliation meeting and obtain approval from the Regional Director before presenting it to the contractor.361 If the contractor and CO, in coordination with his or her supervisor, cannot reach agreement, OFCCP may recommend enforcement.
361. As appropriate, the Regional Director may need to review the proposed remedy with the RSOL, national office or others.
COs must design employment discrimination remedies for Executive Order 11246 violations in a manner consistent with Title VII principles and Executive Order 11246, and the implementing regulations for Executive Order 11246. Remedies for discrimination against individuals with disabilities, including veterans with disabilities, will be consistent with ADA principles and Section 503, and their implementing regulations. Remedies of discrimination against protected veterans will be consistent with VEVRAA and its implementing regulations.