This week the Department of Labor announced its spring 2019 Regulatory Agenda. Included was an new item from OFCCP that was part of its prior published regulatory agenda. As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

New to the 2019 agenda, OFCCP has announced it will seeks to create regulations for Procedures to Resolve Potential Employment Discrimination. Currently the only information available on the upcoming rulemaking is that it will seek to

increase clarity and certainty for OFCCP stakeholders, and enhance the agency’s efficiency in remedying employment discrimination.

In a recent public appearance, Director Leen hinted at upcoming rulemaking around OFCCP’s Pre-Determination Notice (PDN) process as articulated in Directive 2018-01. Thus, we anticipate this upcoming procedure-oriented rulemaking will seek to codify the processes outlined in the PDN Directive, among potential others.

Per the agenda, this new rulemaking is expected to be proposed in September of 2019.