Letter L-40: Closure Letter for Substantive Violations

(Where a Show Cause Notice was Issued)

Certified Mail, Return Receipt Requested AND Electronic Mail

 

[Date]

 

[Name of Establishment/Construction Contractor CEO]

[Title of CEO]

[Establishment/Construction Contractor Name]

[Street Address]

[City, State, Zip Code]

 

Dear [insert the name of CEO]:

 

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently completed a compliance evaluation of your equal employment opportunity policies and practices at [insert as appropriate: establishment or construction work sites] in the [insert name of the geographic area].

On [insert date], based on violations found during the evaluation, we issued your company a [insert one or more as appropriate: Notice to Show Cause or Amended Notice to Show Cause]. Based on this notice, you had 30 calendar days to show why OFCCP should not initiate enforcement proceedings under [insert one or more as appropriate: Sections 208 and 209 of Executive Order 11246, as amended, as implemented by 41 CFR 60-1.26; Section 503 of the Rehabilitation Act, as amended, as implemented by 41 CFR 60-741.65; or the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, as implemented by 41 CFR 60-300.65].

However, on [insert date], representatives of your company and this office reached a Conciliation Agreement that addresses each of the violations cited in the [insert as appropriate: Notice to Show Cause or Amended Notice to Show Cause]. 

Subject to the implementation of commitments detailed in the Conciliation Agreement dated [insert date], this office determined that no other apparent violations of the laws that OFCCP enforces exist.  The Conciliation Agreement is effective as of the day it is signed by the Regional Director.  If OFCCP takes no action to modify the Conciliation Agreement within the timeframe provided, the agreement is deemed approved.

This determination does not preclude a future determination of noncompliance based on a finding that the commitments in the Conciliation Agreement are insufficient to achieve compliance.

Sincerely,

[Name of district director]

District Director

cc: [insert name of the corporate CEO]

[insert name of designated representative]

Page Last Reviewed or Updated: December 23, 2019