OutSolve Blog

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

Written by Debra Milstein Gardner | Nov 8, 2023 3:30:00 PM

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.

 

 

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.