As previously reported, the OFCCP is proposing to overhaul the agency’s complaint intake process with a revised complaint form and a new “pre-complaint” intake form. The changes to the “official” complaint form are relatively minor. It’s the creation of the new “pre-complaint” process that raised a few eyebrows.

When an employee files an official complaint, the agency is obligated to notify the employer. But if an employee submits a pre-complaint intake form, the agency can decide whether or not technical aspects of the complaint are nailed-down—like jurisdiction—without ever having to notify the employer that there is a potential issue.

The OFCCP received public comments and dismissed these concerns out of hand. The proposed pre-complaint intake form and the proposed revised complaint form are virtually unchanged from the original proposal.

The public has another 30 days to raise issues with OMB regarding why the OFCCP’s forms and process should be approved, changed, or rejected. Further information about this “information collection request” can be found, and comments can be submitted, here.

When OMB gives its stamp of approval, there will be nothing for federal contractor employers to do. The agency will simply start using their new forms when and if they are contacted by one of your employees.

As always, if you have questions about this or any other OFCCP-related matter, feel free to drop us a line at BCGi@Biddle.com.