The Early Resolution Conciliation Process - Lessons Learned from Negotiating an Enhanced Conciliation Agreement
9:30 a.m. – 10:30 a.m. (MST)
Arizona Industry Liaison Group
OFCCP released its Early Resolution Process Directive in November 2018 as a potential win-win for contractors and OFCCP. If OFCCP found discrimination in the location(s) being audited, the contractor could resolve the audit by agreeing to wrap multiple facilities into the conciliation agreement progress reporting obligation, and the OFCCP would agree not to conduct a compliance review of those facilities during the term of the agreement. The OFCCP could validate compliance on a far broader scale by having the contractor conduct its own self-audits. Alissa Horvitz will be discussing how this process and policy played out as OFCCP worked to close aged matters in August and September 2019, the scope of the employer’s self-auditing obligation, and the pros and cons of an early resolution conciliation agreement.