6C02 Providing Contractor the 10-Day Notice Letter

Within 10 calendar days of receiving a complaint, the regional office must also ensure that a letter is sent to the employer against whom the complaint is filed explaining the date, location and circumstances of the allegations (also known as the “10-Day Notice Letter”).308 This letter is sent regardless of whether the perfection process is complete. The particular wording of the letter will depend on whether the complaint has been perfected, whether OFCCP is investigating part or all of the complaint allegations, and whether OFCCP is referring the complaint in whole or in part to EEOC.309 If the complainant has already filed a Section 503 or Executive Order 11246 complaint with the EEOC or if EEOC has transferred the complaint to OFCCP, no 10-Day Notice Letter is required because EEOC sends a similar 10-day notice for complaints it receives.

The regional office must also ensure that the complainant is notified that the 10-Day Notice Letter was sent to the employer,310 and that EEOC is notified when OFCCP is referring a complaint, in whole or in part.311