6M00 Settlement Before Completion of Investigation

a. Initiating Settlement. The Investigator should be prepared to discuss settlement at any stage of the investigation, with the intent for the settlement to provide a just resolution of the violations. Before engaging in settlement discussions, the Investigator should advise the contractor that there is no prejudice to the position of the contractor for participating in settlement sessions prior to completion of the investigation, or for not participating in the discussions; and the contractor should not construe the government’s participation in settlement sessions as a waiver of the government’s right to proceed to a formal NORI if the settlement discussions are unsuccessful. The Investigator should provide their supervisor with all relevant information to assist in determining whether it is appropriate to enter settlement discussions.

b. Resolution. A complainant may withdraw their complaint at any time and for any reason, including reaching or executing a resolution between the contractor and the complainant. The complainant must notify OFCCP of their wish to withdraw their complaint in writing. Investigators should ask the complainant if they are being harassed or coerced into withdrawing the complaint by the contractor and confirm that the contractor and complainant have resolved all the complaint allegations. The district office must discuss the withdrawal with the Regional office. To complete the withdrawal, Investigators must send Letter L-20 – Letter to Complainant Confirming Complaint Resolution and receive a signed copy from the complainant. Next, the Investigator must send Letter L-19 – Letter to Contractor Confirming Complaint Resolution to the contractor notifying them of the withdrawal. Finally, the Investigator will ensure all relevant documents are uploaded to CMS before closing the complaint in CMS.