As part of ongoing efforts to increase transparency of preliminary findings with federal contractors, and to achieve consistency across regional and district offices, the Office of Federal Contract Compliance Programs issued a new policy directive to standardize the use of Predetermination Notices.
A PDN is a letter OFCCP uses to inform federal contractors of the agency’s preliminary findings of employment discrimination. This directive establishes a uniform protocol for OFCCP staff to follow across all of its regions for using PDNs in both individual and systemic discrimination cases. Prior to Directive 2018-01, OFCCP reserved use of the PDN for systemic discrimination cases and permitted regional and district offices discretion in whether to issue the PDN prior to issuing a Notice of Violation.