[Date]
[Name and address of
Submitter or
Authorized Representative]

Dear [insert Name of Submitter or Authorized Representative]:

This is to acknowledge receipt of your pre-complaint inquiry against [insert: name of employer] [insert if appropriate: on behalf of (name of person)] alleging a violation of [insert: Executive Order 11246, as amended; and/or Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); and/or Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA)].

[Insert the applicable paragraph - refer to instructions for Letter L-42 for more information]

[Likely to investigate] The Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction to investigate the alleged discriminatory employment practices noted in your pre-complaint inquiry. Submitting an inquiry does not constitute filing a complaint. You must complete and submit a complaint form by following the instructions located on OFCCP’s Instructions for Filing a Complaint (https://www.dol.gov/agencies/ofccp/contact/file-complaint/special-instructions) webpage. Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint. If you need assistance completing the complaint form, please contact [insert name/title] at [insert telephone number or email].

[Referral to EEOC] The Office of Federal Contract Compliance Programs (OFCCP) does not have jurisdiction to investigate the alleged discriminatory employment practices noted in your pre-complaint inquiry. We referred your pre-complaint inquiry to the U.S. Equal Employment Opportunity Commission (EEOC) because [insert: the inquiry alleges individual discrimination covered by Title VII of the Civil Rights Act of 1974, as amended (Title VII); the inquiry alleges a violation of the Age Discrimination in Employment Act; the inquiry alleges a violation of the Americans With Disabilities Act, as amended (ADA) and individual discrimination covered by Title VII and/or the Age Discrimination in Employment Act; the inquiry alleges discrimination under Title II of the Genetic Information Nondiscrimination Act of 2008; and/or the inquiry alleges discrimination under the Pregnant Workers Fairness Act.] [See instruction sheet on providing an optional explanation.] Generally, the EEOC should contact you to confirm if you wish to pursue an investigation by the EEOC; however, you may also contact your local EEOC office directly at [insert EEOC contact information] to follow up about this referral. Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint with EEOC. Therefore, it is important that you communicate with the EEOC within the time allowed for filing a complaint with the EEOC.

[Referral to another agency] The Office of Federal Contract Compliance Programs (OFCCP) does not have jurisdiction to investigate the alleged discriminatory employment practices noted in your pre-complaint inquiry. We referred your pre-complaint inquiry to [insert WHD or other appropriate agency] for consideration. The referral will not prompt an investigation by [insert name of other agency]. Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint with [insert name of other agency]. If you wish to pursue the issue(s) with [insert name of other agency], you must contact [insert name of other agency] to file a complaint with the agency within the time allowed for filing a complaint.

[Bifurcate with EEOC] Multiple federal agencies likely have jurisdiction over portions of the alleged discrimination in your pre-complaint inquiry. The Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction to investigate the following alleged discriminatory employment practices noted in your pre-complaint inquiry: [insert description of issues/practices and their bases]. Submitting an inquiry does not constitute filing a complaint. You must complete and submit a complaint form by following the instructions located on OFCCP’s Instructions for Filing a Complaint (https://www.dol.gov/agencies/ofccp/contact/file-complaint/special-instructions) webpage. Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint. If you need assistance completing the complaint form, please contact [insert name/title] at [insert telephone number or email].

In addition, OFCCP referred the following issue(s) noted in your pre-complaint inquiry to the EEOC: [insert description of issues being referred] [See instruction sheet on providing an optional explanation]. Generally, the EEOC will contact you to confirm if you wish to pursue an investigation by EEOC; however, you may also contact your local EEOC office directly. Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint with the EEOC. Therefore, it is important that you communicate with the EEOC within the time allowed for filing a complaint with the EEOC.

[To bifurcate with an agency other than EEOC, see instructions sheet]

[Unlikely to investigate- VETS issue] The Office of Federal Contract Compliance Programs (OFCCP) does not have jurisdiction to investigate the alleged discriminatory employment practices noted in your pre-complaint inquiry. Therefore, we are closing this inquiry. If you wish to pursue these issue(s) you must contact your Veterans’ Employment and Training Service (VETS) state director [insert contact information].

[Unlikely to investigate] The Office of Federal Contract Compliance Programs (OFCCP) does not have jurisdiction to investigate the allegation(s) noted in your pre-complaint inquiry. Therefore, we are closing this inquiry.

[Unable to contact] The Office of Federal Contract Compliance Programs (OFCCP) attempted to contact you by [insert phone/email] on [insert all dates contact attempted] and have not received a response. Therefore, we are closing this inquiry.

If you have questions about this correspondence, please contact [insert name/title] at [insert telephone number or email].

Sincerely,

[Insert regional director or designee’s name]

INSTRUCTIONS FOR LETTER L-42 NOTICE OF PRE-COMPLAINT INQUIRY DISPOSITION

PURPOSE AND STRUCTURE

Complaint processors/Investigators should use Letter L-42 to notify the submitter of the pre-complaint inquiry about the disposition of the inquiry. While the instructions refer to “Investigators,” they apply to any staff member responsible for processing pre-complaint inquiries.

Letter L-42 begins with an introductory paragraph acknowledging OFCCP has received the pre-complaint inquiry. Next, there are seven sections of options that correspond to the disposition of the inquiry. Finally, there is a concluding paragraph where the Investigator will provide contact information for OFCCP.

INSTRUCTIONS

Introductory paragraph: Investigators should include the name of the employer and select the relevant authorities based on the content of the pre-complaint inquiry. OFCCP also accepts pre-complaint inquiries submitted by an authorized representative. In this situation, include the name of the individual(s) on whose behalf the authorized representative submits the pre-complaint inquiry.

Investigators should choose the paragraph that aligns with the fact pattern and outcome of the inquiry.

Likely to investigate: Investigators should use this section when OFCCP has jurisdiction, the complaint would be timely, and OFCCP would likely investigate the issue(s) if the submitter files a complaint. This option instructs submitters to complete and submit a CC-4 form.

Referral to EEOC: Investigators should use this section when the Equal Employment Opportunity Commission (EEOC) has jurisdiction over the issue(s) noted in the pre-complaint inquiry. For example, EEOC has jurisdiction over issues regarding the Age Discrimination in Employment Act and the Genetic Information Nondiscrimination Act of 2008. Also, based on the Memorandum of Understanding with EEOC, OFCCP typically refers individual discrimination issues covered under Title VII of the Civil Rights Act of 1964 to EEOC. EEOC should contact the submitter after OFCCP’s referral of a PCI to ask if the submitter wants to proceed with a charge.

Investigators may choose to explain why OFCCP is referring the inquiry to EEOC, when appropriate. For example, when OFCCP and EEOC jurisdiction overlaps, OFCCP may refer an inquiry or complaint to EEOC to ensure efficiency and non-duplication of effort. Investigators should provide EEOC’s contact information and explain to the submitter they can follow up with the EEOC to ensure their charge is submitted timely.

Referral to another agency: Investigators should use this section when OFCCP does not have jurisdiction over the issue(s) raised, but another federal agency, except for VETS, has jurisdiction. For example, DOL’s Wage & Hour Division (WHD) usually investigates wage theft issues. Another paragraph option covers communication with VETS.

Bifurcate: Investigators should use this section when OFCCP and another federal agency have jurisdiction over the issues raised in the inquiry. For example, if a person alleges discrimination due to their pregnancy status and veteran status, the Investigator should bifurcate the inquiry with the pregnancy issue going to EEOC and OFCCP retaining the veteran status issue. Investigators may choose to explain why OFCCP is bifurcating the inquiry based on the specific issues raised in the pre-complaint inquiry.

To bifurcate to an agency other than EEOC and VETS, the Investigator should use the following language:

Multiple federal agencies likely have jurisdiction over portions of the alleged discrimination in your pre-complaint inquiry. The Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction to investigate the following alleged discriminatory employment practices noted in your pre-complaint inquiry: [insert description of issues/practices and their bases]. Submitting an inquiry does not constitute filing a complaint. You must complete and submit a complaint form by following the instructions located on OFCCP’s Instructions for Filing a Complaint webpage (https://www.dol.gov/agencies/ofccp/contact/file-complaint/special-instructions). Submitting a pre-complaint inquiry to OFCCP does not extend the time allowed for filing a complaint. If you need assistance completing the complaint form, please contact [name/title] at [telephone number or email].

In addition, OFCCP referred the following issue(s) noted in your pre-complaint inquiry: [insert description of issues referred] to the [WHD or other appropriate agency] for consideration. The referral will not prompt an investigation by [insert name of other agency]. Submitting a pre-complaint inquiry to OFCCP does not extend the time period for filing a complaint with [insert name of other agency]. If you wish to pursue the issue(s) with [insert name of other agency], you must contact [insert name of other agency] to file a complaint with the agency within the time allowed for filing a complaint. Therefore, it is important that you communicate with [insert name of other agency] within the time allowed for filing a complaint with [insert name of other agency].

Unlikely to investigate - VETS issue: Investigators should use this section when the issue(s) raised in the inquiry are under VETS jurisdiction. For example, if the submitter raises an issue regarding re-employment and USERRA, the investigator should instruct the submitter to contact their local VETS state director. OFCCP does not refer pre-complaint inquiries directly to VETS.

Unlikely to investigate: Investigators should use this section when OFCCP does not have jurisdiction and does not believe another federal agency has jurisdiction over the issue(s) raised in the inquiry.

Unable to contact: Investigators should use this section when OFCCP has not received any response in its attempts to contact the submitter.