6D02 Providing Contractor with 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”). This letter, Letter L-11 – 10-day Notice or Closure to Employer/Contractor, 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’s allegations, and whether OFCCP is referring the complaint in whole or in part to EEOC. There are a few exceptions to the 10-day Notice to Employer/Contractor requirement:

  • If the complainant has already filed a Section 503 or Executive Order 11246 complaint with the EEOC or if the EEOC has transferred the complaint to OFCCP, no 10-Day Notice Letter is required because the EEOC sends a similar 10-day notice for complaints it receives;
  • If the Complainant withdraws their complaint within 10 days of filing the complaint;
  • If the Complainant does not allege employment discrimination at all (e.g., Wage and Hour allegations unrelated to protected status, or allegations of retaliation that are not based on EEO laws);
  • Complaints filed against federal employers;
  • Complaints where there is no employer/employee or applicant relationship between the complainant/authorized representative and company; or
  • When the complaint has been confirmed as already filed with the EEOC.

Section 6E02 describes the procedures for corresponding with the employer and complainant.

The regional office must also ensure that the complainant is notified that the 10-Day Notice Letter was sent to the employer with Letter L-12 – Notice to Complainant, and that EEOC is notified when OFCCP is referring a complaint, in whole or in part with Letter L-13 – Referral Letter to EEOC (Full or Partial Transfer of Complaint). Letters L-11 and L-12 must be sent simultaneously.