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] compliance with one or more of these authorities and their implementing regulations at 41 CFR Chapter 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 review indicates that [insert name of contractor] is not in compliance with [insert one or more of the following: Executive Order 11246, Section 503, and/or VEVRAA.]
(For allegations involving a disparate treatment theory of liability):
OFCCP found quantitative evidence indicating 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 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 quantitative evidence indicating 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 and provide greater detail in Attachment A.]
Based on these 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.)
Consequently, we are issuing this Notice of Violation. The violation(s) and corrective action(s) needed are set forth below:
1. VIOLATION(S):
(List and describe the violations)
CORRECTIVE ACTION(S):
(After each violation describe the needed corrective actions)
2. VIOLATION(S):
(List and describe the violations)
CORRECTIVE ACTION(S):
(After each violation describe the needed corrective actions)
To come into compliance, [insert name of contractor] must enter into a binding Conciliation Agreement with OFCCP that encompasses all of the corrective actions described above. It is our sincere desire to avoid enforcement proceedings. Therefore, we ask that you contact [insert assistant district director name here], or compliance officer [insert name here], or me within five business days of receiving this letter at [insert office phone number] to begin conciliation and resolution of the specified violations.
Sincerely,
[Name of district director]
District Director
cc: [insert name of the head of the establishment]
[insert name of the designated representative]
Attachment A. Summary of Quantitative Evidence
[[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/.]