Everything You Want to Know about the Revised PDN Final Rule

On August 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP or the agency) published a Final Rule (2023 Rule) titled “Pre-enforcement Notice and Conciliation Procedures.” The rule primarily affects the procedures that OFCCP must follow when it identifies discrimination during a compliance evaluation. These procedures were put in place by a previous Final Rule (2020 Rule) published November 10, 2020.

In sum, the 2023 Rule differs from the 2020 Rule through the rescission of several key components, as well as modification or clarification of a few items. The 2023 Rule does not create any new requirements but may make it more difficult for contractors to meaningfully respond to OFCCP’s allegations of discrimination. Overall, OFCCP believes these changes will lead to more effective enforcement and greater focus on “preliminary findings of potential discrimination.” The specific changes are covered in detail below.