On Thursday, August 3, 2023, OFCCP released the long-expected Pre-enforcement Notice and Conciliation Procedures Final Rule (commonly referred to as the “PDN Rule”). The document is scheduled to be published in the Federal Register on Friday, August 4, and will go into effect on September 4. 

The Final Rule removes the evidentiary requirements for Predetermination Notices (“PDNs”) and Notices of Violation (“NOVs”) that are issued when OFCCP identifies discrimination during a compliance review. Those evidentiary requirements were put in place during the waning days of the Trump administration. OFCCP had previously indicated its intention to remove these requirements in a Notice of Proposed Rulemaking issued last year.