8M01 Judicial Enforcement Proceedings

The Solicitor for the U.S. Department of Labor may refer a case to the DOJ for judicial enforcement proceedings when circumstances so warrant and the Director of OFCCP concurs. For example, RSOL may need an injunction against a sole source contractor since cancellation of federal contracts may not be practical or the Director of OFCCP may request that the Solicitor for the U.S. Department of Labor make a referral to DOJ of a case for judicial enforcement.

The Solicitor for the U.S. Department of Labor may make referrals to the DOJ for judicial enforcement at any stage in the enforcement process without proceeding through conciliation efforts.426 DOJ initiates judicial enforcement proceedings when the Attorney General files a complaint on behalf of the DOL in Federal District Court. As with any other federal court case, the losing party may appeal to the Circuit Court of Appeals, and the losing party in the court of appeals may request review by filing a “writ of certiorari” with the U.S. Supreme Court.