Most OFCCP allegations are resolved through negotiation. Negotiations at the agency level usually end in a signed conciliation agreement. The purpose of this article is to walk you through the negotiation process in case you find yourself considering this option for resolving matters with OFCCP.
- You agree with OFCCP that you are in violation of the law. [Rare to get such a concession. Some technical violations are conceded, but even in the case of clear technical violations, some companies seek non-admissions clauses (statements indicating that the company denies committing any violations) in their agreements. OFCCP does not favor non-admissions clauses in technical violations.]
- You calculate that the cost of conciliation will be significantly lower than the cost of litigation even if you prevail. Even winning your case with OFCCP can be expensive as can prolonged compliance evaluations.