Voluntary compliance through negotiated conciliation agreements is the most common and most preferred way to resolve violations under the laws enforced by OFCCP. When identified violations cannot be resolved through conciliation, the next step in the enforcement process is a referral to the Department of Labor’s Office of the Solicitor (SOL) with a recommendation for enforcement. This article explains how that process works and what happens as a result of such a referral.
The relationship between OFCCP and SOL is not like the usual lawyer client relationship. OFCCP and SOL are both separate offices in the Department of Labor and operate independently of each other. SOL both serves as OFCCP’s lawyer and in somewhat of an oversight capacity on behalf of the Secretary of Labor as the lawyer for the Department. OFCCP does not order the SOL to start an enforcement action, but rather recommends that it start such an action. An enforcement recommendation package is prepared by the Regional Office of OFCCP and referred to the Regional Office of SOL. Included in this package are the investigative file, documentation of all communication between the contractor and OFCCP, details of the negotiation process, remedy calculations and the data underlying these ca