Letter L-35: Predetermination Notice

Note: To be mailed by certified mail, return receipt requested. 

 

[Date]

 

[Name of CEO]

[Title of CEO]

[Company Name]

[Street Address]

[City, State, Zip Code]

 

Re:   Compliance Evaluation of (insert name of contractor)

OFCCP No. ___________

 

Dear [insert name of CEO]:

 

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is reviewing (insert name of contractor)'s compliance with one or more of these authorities and their implementing regulations at Title 41 of the Code of Federal Regulations, Chapter 60 (41 CFR 60): Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended; or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended.

The purpose of this Notice is to inform you of the preliminary findings of potential discrimination which, if not adequately rebutted, will establish that discrimination occurred (or is occurring) at (insert name of contractor’s) (insert establishment, functional unit, corporate headquarters, or for construction projects insert applicable SMSA or non-SMSA).

(Present the evidence of preliminary findings of potential discrimination tailored to the facts and circumstances of the compliance evaluation. Where appropriate and for purposes of clarity, you may wish to include summaries of statistical analyses, charts, or other exhibits which will assist in explaining OFCCP's preliminary findings to the contractor, either here or in attachments.)

(If there are additional violations or deficiencies, including technical violations, present them here.)

Please be advised that this is a preliminary notice based on available information. You now have the opportunity to provide additional information or documentation that you believe we should consider before we make a final determination. OFCCP reserves the right to continue its investigation, to request additional information, and to allege additional violations it may discover.

We ask that you respond to this Notice within 15 calendar days from receipt of this letter. If you do not respond, or OFCCP determines that your response and any additional investigation does not resolve the preliminary findings made in this Notice, we will proceed to issue a Notice of Violation (NOV). OFCCP may identify additional violation(s) and include them in the NOV.

If you have any questions, please contact Compliance Officer (insert name and title of compliance officer) at (insert email or phone), or (insert name and title of district director or assistant district director), at (insert district office or regional office phone number).

 

Sincerely,

(insert name of the district director or assistant district director)

District Director

cc: [insert name of the head of establishment/construction contractor official over the geographical area under review]

      [insert name of the designated representative]