8F00 When to Use an NOV

The NOV letter identifies the violations and describes the recommended corrective actions. COs issue an NOV whenever discrimination or other significant violations are found, unless an SCN or ASCN informing the contractor of the violations found and the corrective actions needed was previously issued.

a. NOV for Findings of Discrimination. An NOV is issued when OFCCP determines, based on its investigation, that sufficient evidence to find discrimination exists and a PDN has been issued. The CO proceeds to an NOV where the contractor does not respond to the PDN or its response does not substantially alter a CO’s preliminary determination of employment discrimination. Before issuing an NOV in a systemic discrimination case, the CO must consult with RSOL.

b. NOV for Other Violations. An NOV is issued when a CO identifies other, nondiscrimination violations. Examples of other violations include lack of appropriate outreach and recruitment efforts or a failure to comply with recordkeeping requirements.