Notice of Rescission of Directive 2005-01

This Notice of Rescission does not change the laws and/or regulations governing OFCCP’s programs and does not establish any legally enforceable rights or obligations. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Effective Date: February 28, 2020

  1. SUBJECT: Notice of Rescission of Directive 2005-01

  2. PURPOSE: To rescind duplicative guidance that has been incorporated into the Federal Contract Compliance Manual (FCCM).

    1. Directive (DIR) 2005-01, Investigative procedures when a test(s) is one cause of adverse impact in hiring, (Oct. 15, 2004).

    2. FCCM (Dec. 2019).

  4. AFFECTED POLICY: DIR 2005-01 is rescinded.

  5. BACKGROUND: In 2005, OFCCP issued a directive (DIR 2005-01) to create an investigative procedure to be used when a test is one cause of adverse impact in hiring. OFCCP issued the directive as part of an "Active Case Management" initiative that concluded in 2010. Though the initiative ended, OFCCP retained the investigative procedure and incorporated it into Chapter 2 of the FCCM (see, Chapter 2E02, Selection Procedures and Testing, and 2M05, Justification of Selection Procedures When Adverse Impact is Identified). OFCCP identified DIR 2005-01 as duplicative during a review of its guidance documents this year.

    1. OFCCP Compliance Officers are responsible for following the investigative procedures outlined in the FCCM and in other agency guidance.
    2. The Division of Policy and Program Development is responsible for maintaining the FCCM and OFCCP’s guidance system.

  7. POLICY AND PROCEDURES: Effective immediately, OFCCP rescinds DIR 2005-01 because the investigative procedure explained in the directive has been incorporated into the FCCM. Therefore, DIR 2005-01 is duplicative and no longer needed as stand-alone guidance. OFCCP staff must refer to the FCCM for the most current guidance on investigative procedures to use when a test(s) is one cause of adverse impact in hiring.

  8. ATTACHMENT: None.

Craig E. Leen
Office of Federal Contract Compliance Programs

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