Note: To be mailed by certified mail, return receipt requested.
[Name of CEO]
[Title of CEO]
[City, State, Zip Code]
Re: Compliance Evaluation of (insert name of contractor)
OFCCP No. ___________
Dear [insert name of CEO]:
On (insert date),the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began a compliance evaluation of (insert name of contractor) to review compliance with Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended; and/or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended; and their implementing regulations at 41 Code of Federal Regulations (CFR) Chapter 60. (Insert name of contractor), hereinafter referred to as the “contractor,” is a federal contractor under Executive Order 11246, Section 503 and/or VEVRAA, and their implementing regulations at 41 CFR Chapter 60.
The purpose of this Notice is to inform you of the findings which, if not adequately rebutted, will establish that discrimination occurred (or is occurring) at the contractor’s establishment.
(For allegations involving a disparate treatment theory of liability)
OFCCP found preliminary quantitative evidence indicating potential discrimination, as explained in detail in Attachment A. [Include brief description of the quantitative evidence here. If an exception applies and quantitative evidence is not necessary, exclude Attachment A and explain the exception here.]
The unexplained disparity is practically significant for the following reasons [Include description of practical significance here and provide greater detail in Attachment A.]
Finally, OFCCP also uncovered preliminary qualitative evidence that in combination with other evidence supports both a finding of discriminatory intent by the contractor and the contractor’s discriminatory intent caused the disparate treatment. [Include description of qualitative evidence here.]
(For allegations involving a disparate impact theory of liability):
OFCCP found preliminary quantitative evidence indicating potential discrimination, as explained in detail in Attachment A. [Include brief description of the quantitative evidence here.]
The unexplained disparity is practically significant for the following reasons [Include description of practical significance here.]
Based on preliminary findings, OFCCP believes [Identify contractor’s specific policy or practice here] has an adverse impact on [Identify protected classes here]. (If the exception applies, exclude this statement and explain how the elements of the contractor’s selection procedures are incapable of separation for analysis).
(If there are additional violations or deficiencies, including technical violations, present them here.)
Please be advised that this is a preliminary determination 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.
We ask that you respond to this Notice within 30 calendar days from receipt of this letter. If you do not respond, we will incorporate the preliminary finding(s) made in this Notice into a final Notice of Violation (NOV). You will receive the NOV by certified mail. If you have any questions, please call the Compliance Officer assigned to this matter, (insert name of compliance officer), or his or her immediate supervisor, (insert name of district director or assistant district director), at (insert district office or regional office phone number).
(insert name of the district director or assistant 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]
Attachment A. Summary of Quantitative Evidence and Practical Significance
[Insert table summarizing statistical evidence such as the counts of applicants, hires, hiring rates, impact ratios, shortfalls, and standard deviations. Also include measures of practical significance, such as results from 80% rule test, odds ratio analysis, etc. Compensation results should include the b-coefficient and SD for each affected pay analysis group but should NOT include the R-squared. You may also present tables containing descriptive statistics or nonstatistical quantitative analyses, including cohort analyses (such as time in job comparisons) in this Attachment. When applicable regional liaison staff will send replication data to contractor by via DOL’s secure file transfer system – Kiteworks https://securetransfer.dol.gov/.]