OFCCP’s “PDN Rule” Change: The Guardrails are Off

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In November 2020, the Office of Federal Contract Compliance Programs (OFCCP) updated its race and gender, disability, and veterans’ regulations (41 CFR § 60, 41 CFR § 60-300 and 41 CFR § 60-741). These “Pre-Enforcement Notice and Conciliation Procedures” detailed what information the Agency would provide contractors under audit. The Agency said that such transparency is critical for efficient compliance audits. Contractors cheered a win-win.

In March 2022, OFCCP published a Notice of Proposed Rulemaking (NPRM) to rescind most provisions in the 2020 rule update.  See Circa’s blog “Proposed ‘PDN Rule’ changes: OFCCP Makes an Expected About Face” for concerns

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