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OFCCP Updates Complaint Filing Process to Mirror EEOC's Two-Step Method

Picture of Debra Milstein Gardner Debra Milstein Gardner : Nov 8, 2023 10:30:00 AM

OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has followed through on its commitment to revise the OMB-approved complaint filing process. The new system now aligns with the Equal Employment Opportunity Commission’s (EEOC) two-step complaint process which starts with a preliminary review of the basic allegations, allowing the OFCCP to determine the validity and need for a full investigation.

The OFCCP's updated complaint process introduces a new Pre-Complaint Inquiry Form (CC-390) and an updated Complaint Form (Form CC-4). These forms are available in English, as well as 19 other languages. The ability to file complaints in additional languages was intended to make the process more accessible, reflecting OFCCP’s commitment to accommodating a diverse range of individuals.

Applicants or employees who believe that they have been discriminated or retaliated against by an employer may either file the pre-complaint inquiry or a complaint “if they believe that their employer discharged or otherwise discriminated against them for inquiring about, discussing, or disclosing information regarding their pay or the pay of their co-workers.”

The OFCCP’s website includes additional information and frequently asked questions about submitting a pre-complaint inquiry and filing a complaint.

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OutSolve points out the significance of this procedural advancement, urging contractors to remain knowledgeable and prepared. We suggest your internal procedures align with the OFCCP's amplified focus on the initial assessment of complaints. This highlights the necessity for a proactive approach to compliance and the management of discrimination allegations within the workplace.

Debra Milstein Gardner

Debra Milstein Gardner has worked in the Equal Employment Opportunity (EEO) and Affirmative Action (AA) space for the past 43 years while working in the public and private sectors in various human resources compliance roles. She began her career working for the Equal Employment Opportunity Commission and then went to the Marriott Corporation for nine years working in EEO, Affirmative Action and field human resource roles. In 1990, Debra founded Workplace Dynamics LLC providing EEO, AA, and DEI consulting services to government contractors. In 2016, Debra sold the affirmative action portion of Workplace Dynamics to OutSolve LLC and works part-time as a Market Analyst. Debra is a sports fanatic, routing for the Baltimore Ravens and all Virginia Tech Hokie teams. She loves to hike and boat in her mountain and lake community of Lake Lure, NC.