Federal Contract Compliance Manual

Updates to Chapter 6- Complaint Investigation of the Federal Contract Compliance Manual (FCCM):

OFCCP’s Federal Contract Compliance Manual Chapter 6- Complaint Investigation. The chapter provides guidance for OFCCP’s Investigators for processing pre-complaint inquiries and complaints and conducting investigations of complaints alleging discrimination in employment by federal contractors.

• All sections- Incorporated footnotes into text; changed gendered language into gender-neutral language (ex. – his/ her supervisor to their supervisor); changed italicized words to bold words to meet Section 508/ accessibility standards; removed references to the “Case Chronology Log” and replaced them with “Case Chronology."
• 6B Bases of Complaint Allegations- Added references to pre-complaint inquiries throughout section.
• 6B01 Executive Order 11246 Allegations- Updated language regarding affirmative action violations. Updated language regarding referring complaints to EEOC.
• 6B02 VEVRAA Section 503 Allegations- Additional text clarifying the determination options for pre-complaint inquiries.
• 6C Pre-Complaint Inquiry- New section about pre-complaint inquiries.
• 6C00 Receipt of Pre-Complaint Inquiry- New section about processing pre-complaint inquiries.
• 6C01 Who May File a Pre-Complaint Inquiry- New section about pre-complaint inquiries.
• 6C02 Pre-Complaint Inquiry Perfection- New section about perfecting pre-complaint inquiries.
• 6C03 Pre-Complaint Inquiry Disposition- New section about processing pre-complaint inquiries.
• 6D00 Receipt of Complaints- Updated language regarding timestamping/ timeliness of complaints.
• 6D01 Who May File a Complaint- Updated language from “third-party” to “authorized representative.”
• 6D02 Providing Contractor with the 10-day Notice Letter- Updating the titles of L-11 and L-12 and providing additional guidance regarding exceptions to the 10-day notice requirement.
• 6D03 Complaint Perfection- Updated text for Investigators to ensure continuity between the PCI and Complaint.
• 6D04 Additional Allegations- New section about processing new allegations received during perfection.
• 6E02- Correspondence- Updated text allowing Investigators to send letters via email with read receipt requested.
• 6E05 Case Management System (CMS)- Updated title to section along with updated references to CMS. The section also has comprehensive updates regarding the documentation Investigators should gather during the investigation.
• 6E06 Additional Allegations During the Investigation- New Section about processing new allegations raised during the investigation.
• 6F07 Allegations Specific to VEVRAA (Nondisability) Complaints- Updated text regarding policy that investigators will instruct complainants to contact their local VETS state director directly.
• 6G Investigative Plan- Updated text regarding how Investigators should tailor the Investigative Plan to the specific facts of the case.
• 6J02 Interview Procedures- Updated text regarding location of interviews and OFCCP’s preference for off-site non management employee interviews.
• 6J03 Gathering Relevant Data and Conducting Interviews- Updated text regarding accommodations for pregnancy and OFCCP’s procedures regarding the Pregnant Workers Fairness Act.
• 6M00 Settlement Before Completion of Investigation- Updated text and guidance on how Investigators process the withdrawal of complaints before the end of OFCCP’s investigation.
• 6L00 Signatures and Procedures- Updated text allowing Investigators to send letters via email with read receipt requested.
• Letter L-11- Title updated to, “10-day Notice or Closure to Employer/Contractor.”
• Letter L-12- Title updated to, “Notice to Complainant.”
• Letter L-20- Updated text regarding withdrawal of complaint.
• Letter L-42- Notice of Pre-Complaint Inquiry Disposition added to the FCCM.
• Letter L-43- Notice of Pre-Complaint Inquiry Referral added to the FCCM.

• 2C03 On-Site Plan- Removed references to the EEO is the Law poster and supplement and updated the language with the Know Your Rights poster and the Pay Transparency Nondiscrimination Provision.
• 2D01 Facility Inspection- Removed references to the EEO is the Law poster and supplement and updated the language with the Know Your Rights poster and the Pay Transparency Nondiscrimination Provision.
• 2L00 Equal Opportunity Clauses and Other Requirements of Executive Order 11246, VEVRAA and Section 503- Removed references to the EEO is the Law poster and supplement and updated the language with the Know Your Rights poster and the Pay Transparency Nondiscrimination Provision.

Updates to Chapter 1- Desk Audit of the Federal Contract Compliance Manual (FCCM):

OFCCP’s Federal Contract Compliance Manual Chapter 1- Desk Audit. The chapter provides guidance for OFCCP’s Investigators in conducting the desk audit in compliance evaluations and triaging the evaluation to closure or on-site. 

• All sections- Incorporated footnotes into text; changed gendered language into gender-neutral language (ex. – his/ her supervisor to their supervisor); changed italicized words to bold words to meet Section 508/ accessibility standards; removed references to the SCER; removed references to the “Case Chronology Log” and replaced them with “Case Chronology.”
• 1A00 Types of Compliance Evaluations- Removed references to Section 503 focused reviews.
• 1A04 Use of the Standard Compliance Evaluation Report- Removed references to the SCER.
• 1A05 Case Management System- Updated information regarding CMS, specifically the name, definition of the Compliance Management System, and removed OFIS instructions.
• 1A06 Confidentiality of Information- Updated information regarding FOIA to reflect the reauthorized Scheduling Letter. 
• 1A11 Educational Institution Evaluations- Updated Investigative procedures describing the required desk audit analyses and referring Investigators to the Educational Institutions Technical Assistance Guide. 
• 1B Pre-Desk Audit Actions- Removed the reference to case files, case logs, and added examples of information Investigators may discover from other enforcement agencies.
• 1B01 Preparation and Maintenance of the Case Chronology Log- Removed text “Case Chronology Log” and replaced it with “Case Correspondence.” 
• 1B02 Maintenance of the Case File- Updated case file to Compliance Management System (CMS) and updated the list of documents that should be included in CMS. 
• 1B03 Sending the Supply and Service Scheduling Letter and Itemized Listing- Updated text to specifically refer to Supply and Service in this sub-section and updated the Figure number to F-2 for the Scheduling Letter and Itemized Listing.
• 1B04 Follow-up Contact with Contractor and Jurisdiction Challenges- Removed the one time 30-day extension for Itemized Listing data and clarified jurisdiction research by DPO. 
• 1B05 Contacting EEOC, VETS, and Other Agencies- Updated to reflect new process for Investigators to request information from VETS by email. 
• 1C Receipt of AAPs and Itemized Listing Data for Desk Audit- Added that Investigators should begin review of a contractor’s submission within 5 days of receipt and new guidance on using Kiteworks. 
• 1C01 Nonreceipt of Itemized Listing Data- Added guidance to address partial submissions in response to the Scheduling Letter and Itemized Listing. 
• 1C03 Evaluation Period- Updated text regarding the time periods used for evaluating different items in the Scheduling Letter and Itemized Listing. 
• 1D Review of AAPs: Overview- Updated that Investigators must document inclusion and acceptability in CMS and clarified that Investigators should analyze Itemized Listing data upon receipt. 
• 1E02(a) Missing AAP Elements- Removed the requirement to suspend the desk audit when an E.O. 11246 AAP is not acceptable.
• 1E02(b) Missing AAP Elements- Added reference to the first six months of current year data on reasonable accommodations and removed the requirement to suspend the desk audit when a Section 503 AAP is not acceptable. 
• 1E02(c) Missing AAP Elements- Removed the requirement to suspend the desk audit when an VEVRAA AAP is not acceptable. 
• 1E03 Missing AAP Elements- Added the requirement for two years of compensation data to reflect the reauthorized S&S Scheduling Letter.
• 1E03 Missing AAP Elements- Removed the requirement to suspend the desk audit when an Itemized Listing submission is incomplete. 
• 1F02(b) Executive Order Utilization Analysis- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1F04(c) Additional Required Elements of an Executive Order AAP- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1F05(a) Review of Executive Order Itemized Listing Data for Acceptability (Data on Affirmative Action Goals- information on Job Groups with Goals)- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to goal analysis. 
• 1F05(b) Review of Executive Order Itemized Listing Data for Acceptability (Review of Employment Activity Data for Acceptability)- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to job group and applicant data. 
• 1F05(c) Review of Executive Order Itemized Listing Data for Acceptability- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to compensation analysis. 
• 1F05(d) Review of Executive Order Itemized Listing Data for Acceptability- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to recruitment, screening and hiring policies. 
• 1G02 Contractor Review of Personnel Processes- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to personnel process assessment.
• 1G04 Reasonable Accommodation to Physical and Mental Limitations- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1G07 Outreach and Positive Recruitment- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1G13 Utilization Goal Analysis for Individuals with Disabilities- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to descriptions/ documentation of efforts. 
• 1H02 Contractor Review of Personnel Processes- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to personnel process assessment. 
• 1H07 Outreach and Positive Recruitment- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1H13 VEVRAA Hiring Benchmark- Clarified data submissions when the contractor is six months or more into their current AAP year and clarified how a contractor may use its hiring benchmark analysis.
• 1H14 Other VEVRAA Requirements- Added details about Mandatory Job Listings and the VETS-4212 report. 
• 1I Summary of Acceptability Problems with AAPs and Itemized Listing Data- Added guidance to address unacceptable submissions in response to the Scheduling Letter and Itemized Listing. 
• 1K01 Workforce Structure and Personnel Practices- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to written policies. 
• 1Q Summary of Potential Discrimination Areas and On-site Investigative Plan (All Laws)- Added new guidance for on-site investigative plans. 
• 1R Conclusion of the Desk Audit- Updated guidance, including the desk audit timeframe from 45 to 40 days, and deleted the reference to the one time 30-day extension. 
• 1R01 Reasons to Proceed with On-Site Review- Updated text regarding expedited conciliation procedures. 
• 1R02 Completing Appropriate SCER Pages- Removed this subsection.
• LETTER L-4: Email Template for Requesting Information from Veterans’ Employment and Training Service- Updated template text and procedure to contact VETS. 
• Figure F-2: Case Chronology Log (CC-53)- Removed
• Figure F-3: Scheduling Letter and Itemized Listing- Moved from F-3 to F-2 
• NEW Figure F-3: Construction Scheduling Letter and Itemized Listing
• Figure F-4: Scheduling Letter and Itemized Listing for Section 503 Focused Review - Removed.
• Figure F-5: Form for Complaint Involving Employment Discrimination by Federal Government Contractors or Subcontractors- Moved to Figure F-4.
• Figure F-6: Standard Text For Conciliation Agreement- Removed.
• Appendix A-1: U.S. Department of Labor Office of Federal Contract Compliance Programs Supply and Service Standard Compliance Evaluation Report (SCER) removed; now is “RESERVED.”
• Appendix A-2: Standard Compliance Evaluation Report (SCER) Instructions removed; now is “RESERVED.”
• Appendix A-3: Index for a Supply and Service Review removed; now is “RESERVED.”
• Appendix A-4: Sample On-Site Review Plan removed; now is “RESERVED.”
• Appendix A-5: Index for Construction Review removed; now is “RESERVED.”
• Appendix A-6: Standard Compliance Evaluation Report (Construction) removed; now is “RESERVED.”

The PDF version of the FCCM was re-published on November 3, 2023.

OFCCP’s Federal Contract Compliance Manual has been updated to reflect the 2023 Pre-enforcement Notice and Conciliation Procedures final rule. The Manual provides guidance for OFCCP’s compliance officers (“COs”) in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance.

Chapter 2- Onsite

2O00 Summary of Findings- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Chapter 8- Resolution of Noncompliance

8A00 Applicability- Removed references to 2020 final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination”.

8B02 Documents Used in the On-Site and Off-Site Phases of Compliance Evaluations (Supply & Service and Construction)- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E Predetermination Notice- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN - Added language to make clear contractors have the option to waive the PDN/ NOV process and enter the expedited conciliation option.

8E01 Contents of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E01 Contents of a PDN- Updated language regarding the information and evidence necessary to issue PDN.

8E01 Contents of a PDN- Notes new violations identified after issuing a PDN can be included in a subsequent NOV or SCN, without amending/ reissuing the original PDN.

Key Words and Phrases- “Predetermination Notice (PDN)” definition- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Letters- Updated L-35 Predetermination Notice (PDN) and L-36 Notice of Violation (NOV)

The Office of Management and Budget reauthorized OFCCP’s Supply and Service Scheduling Letter. OFCCP has updated the Scheduling Letter to reflect the reauthorization. The scheduling letter encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.

The Section 503 Focused Review Scheduling Letter and Itemized Listing has expired and OFCCP did not seek reauthorization. This letter is no longer available for use and this section of the FCCM has been intentionally left blank.

OFCCP updated page 19 of the S&S SCER to add parental leave and fringe benefits to the section covering 41 CFR 60-20, Sex Discrimination.

OFCCP updated this section to alert COs of the applicability of the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination,” 85 FR 71553 (Nov. 10, 2020), which was recently codified.

Letters L-35, Predetermination Notice, and L-36, Notice of Violation, have been updated to reflect the final rule adopted December 10, 2020. This rule revises OFCCP's regulations applicable to procedures to resolve potential employment discrimination. FCCM Chapter 8 will be updated soon in keeping with the revised regulations.