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1.

Invite all applicants and employees who
believe themselves covered by the acts and

who wish to benefit under the affirmative

action program to identify themselves to the

contractor;

2. Review their personnel processes to determine whether present procedures assure proper consideration of qualifications of applicants or employees covered by the acts with regard to job vacancies (filled either by hiring or promotion) and to promotion and training opportunities;

3.

Implement and adhere to a schedule of review

of all physical or mental job qualification requirements to insure that they are job

related and do not screen out qualified

applicants.

Although similar to the Executive Order regulations, some important differences must be noted:

1. Congress established different statutory

[blocks in formation]

3. Another variation from the Executive Order Program is the principal form of investigation; Executive Order enforcement usually is based on compliance reviews but the 402 and 503 programs are geared primarily through complaint investigations.

HOW

4. Complaint investigations are conducted exclusively by Department of Labor personnel. ever, compliance agencies have been delegated minimum responsibilities under the 503 and 402 regulations while conducting Executive order reviews. Those responsibilities

include:

Distributing sections 503 and 402
regulations to the contractors;

Determining whether contractors
having Federal contracts of $50,000
or more and 50 or more employees
have a written affirmative action
program that relates to hiring and
promoting qualified handicapped
persons, Vietnam era veterans, and
disabled veterans;

Determining whether the contractor
has an updated "Equal Employment
Opportunity is the Law" poster
(October 1976) displayed at its
facility;

Determining whether contractors
are conforming to the mandatory
requirements to list job openings
with State Employment Service as

Although the 402 and 503 programs are relatively

new and many issues are yet to be identified, certain impediments to effective performance can be noted.

They include:

1. The varying techniques utilized by the Executive Order Program and Sections 503 and 402 which make a uniform enforcement program under contract law difficult;

2. Since the program is complaint oriented, there is limited opportunity to conduct comprehensive compliance reviews to identify and remedy systemic discrimination or to determine the

general acceptability of all affirmative action
programs;

3. The 402 program has encountered problems in
the enforcement of the Mandatory Job Listing
(MJL) requirements of government contractors.
The legislation and the regulations require
Federal contractors to list suitable job
openings with State Employment Service (SES)
which give preference to veterans in refer-
ral. In May 1976, the Employment Standards
Administration (ESA) and the Employment and

Memorandum of Understanding which delineated

the responsibilities of each agency in the

MJL program.

Basically, the Employment and Training Administration and the State Employment Service contact contractors to obtain voluntary compliance and to obtain job openings, refer veterans to openings and accept covered Veteran complaints of discrimination. Enforcement responsibilities in getting contractors to list jobs and take affirmative action for veterans rests with ESA. This Memorandum of Understanding has never been effectively implemented. Veteran complaint

filing encounters lengthy delays in processing

due to the requirement that complaints be

filed initially with the State Employment

Service.

Recommendations

The Task Force recommends the following changes in

the 402 and 503 programs:

These programs must establish a consistent regu

latory framework both for coverage and in their

requirements.

These requirements must additionally

be set forth in a systematic and sequential fashion

its obligations in the analysis and correction of employment systems having adverse effect on the protected groups.

Specific procedural guidelines must be established for the targeting and conduct of compliance reviews in addition to the current complaint system. Since the essential requirements for contractor programs under Sections 402 and 503 and the Executive Order are the same, the systems for targeting and conducting compliance reviews should be merged.

Closer coordination with the new Deputy Assistant Secretary for Veterans Employment to revise the Mandatory Job Listing program and simplify the complaint processing for veterans.

Strengthen the enforcement system by having OFCCP conduct compliance reviews of covered contractors. Coordinate with the Veterans Administration and other agencies and groups to provide technical assistance and awareness programs to inform contractors and veterans of their rights and respon

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