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The recent update to the OFCCP’s race and gender, disability, and veterans regulations (41 CFR Parts 60-1, 60-2, 60-300 60-741), entitled “Procedures to Resolve Potential Employment Discrimination”, incorporates elements of the Predetermination Notice Directive (PDN Dir. 2018-01) to formalize substantial changes to the OFCCP’s operating procedures. The changes are very important, not just because of the complex legal issues addressing transparency, but because they codify and incorporate the “transparency” into the OFCCP’s audit process promised in the “sub-regulatory guidance” of the PDN directive.1 This is significant because directives can be rescinded at any time by a new OFCCP Director. Once
