An NOV is a letter to a contractor notifying it that, during a compliance evaluation, a CO found violations of one or more of the laws enforced by OFCCP; specifically, Executive Order 11246, Section 503 or VEVRAA. The NOV also notifies the contractor that it must take corrective actions to resolve the violations. The CO must include all violations requiring corrective action, including findings of discrimination and violations of affirmative action obligations or other requirements, along with the recommended corrective actions. The NOV will indicate the reasons for each finding and, if appropriate, note the contractor’s failure to adequately justify its actions.
The NOV letter identifies the violations and describes the recommended corrective actions. COs issue an NOV whenever discrimination or other significant violations are found, unless an SCN or ASCN informing the contractor of the violations found and the corrective actions needed was previously issued.
a. NOV for Findings of Discrimination. An NOV is issued when OFCCP determines, based on its investigation, that sufficient evidence to find discrimination exists and a PDN has been issued. The CO proceeds to an NOV where the contractor does not respond to the PDN or its response does not substantially alter a CO’s preliminary determination of employment discrimination. Before issuing an NOV in a systemic discrimination case, the CO must consult with RSOL.
b. NOV for Other Violations. An NOV is issued when a CO identifies other, nondiscrimination violations. Examples of other violations include lack of appropriate outreach and recruitment efforts or a failure to comply with recordkeeping requirements.
NOVs, issued by COs, initiate the conciliation and resolution process. The NOV should request that the contractor contact the appropriate field office within 5 business days of receipt of the NOV. The NOV should identify the CO or other OFCCP representative who the contractor should contact and provide the contact information, including telephone numbers. Letter L-36, Notice of Violation, is a sample form letter for an NOV. NOVs issued by COs must:
1. State the Violation(s). State the violation(s) and, if a PDN was previously issued, indicate any modifications to the violation(s) resulting from the contractor’s response. Include specific facts and, where applicable, the results of analyses that support the violation(s).
2. Analyze the Response. If a PDN was previously issued and the contractor responded to it, analyze the contractor’s response, giving the reasons why it did not fully rebut OFCCP’s preliminary determination.
3. Describe the Corrective Action and Remedy. Describe the corrective action and any proposed remedy. Include the scope of relief (e.g., all minorities rejected for Technician positions since (date) will be made whole by providing), the type of relief (e.g., job offers, back pay) and, when relevant, the time period involved (e.g., back pay from date of application to date of settlement).
4. Cease Discrimination. If discrimination was found, specifically require termination of the identified discriminatory practice(s) if the contractor has not already terminated the practice.
5. Require CA. Indicate that a CA must incorporate the resolution of the violation(s) cited in the NOV.
COs address an NOV to the top official at the establishment under review, or the top official of the construction company in the economic area being reviewed. A copy is sent to the CEO of the corporation, if the establishment or construction company is part of a larger corporation. If the contractor has requested in writing that the CO provide a copy of the review or investigation correspondence to an outside counsel or consultant, the CO will also send a copy to the designated representative. When the CO provides copies to a corporate CEO, other contractor official, or a designated representative, the CO will include a “cc:” line on all copies indicating the people to whom the CO sent the NOV.
The CO always sends an NOV via email or facsimile, and certified mail, return receipt requested.
The Regional Director, or designee, has signature authority for an NOV.
If the contractor responds to the NOV, the CO should review and evaluate the response. See 8E04 for further guidance on evaluating the contractor’s response. If any unresolved violations remain, the CO will initiate conciliation.