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may not be priority targets because of contracting work force due to labor saving mechanization (in the

apparent cases of both meat packing and tobacco) and

4 the affected class gains under several court cases.

Yet, because industry assignments and compliance re

sources are fixed on an agency-by-agency basis Agri

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and the difficulties it poses has been to move toward

Quarles v. Phillip Morris, Inc., 279 F. Supp. 505,

, 1 FEP 260 (E.D.Va. 1968); Robinson v. Lorrilard Corp., 444 F. 2d 791, 3 FEP 653 (4th Cir. 1971), cert. denied, 404 U.S. 1006 (1971); Russel v. American Tobacco Co., 374 F. Supp. 286, 5 FEP 431 (M.D.N.C. 1973).


The U.S. Commission on Civil Rights' Federal Civil Rights Enforcement Effort--1974 does not make note of this fact: "In spite of assurances to OMB in 1971, OFCC has continued to permit vast disparities in the relative resources allocated to Agency Compliance programs. Agency compliance staffs and budgets vary widely and bear little relationship to the size of the Agency Workloads." In coordination with the Office of Management and Budget, OFCCP has developed and implements a unitary budget system in which resource requests are based upon a compliance review coverage benchmark of 20 percent annually. However, largely because its scope of interests embraces the primary mission of the agencies for which it appropriates funds, each of the dozen or more House and Senate appropriations subcommittees does not share OFCCP'S

consolidation of the program within fewer compliance agencies. 6 In fiscal year 1975, the responsibility

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fiscal year 1977, a decision was made to transfer

supply and service responsibilities of the Department

of Agriculture and the Veterans Administration to the

Department of Defense, the General Services Administra

tion, and the Energy Research Development Administration

respectively, as a part of a plan for limited consoli


Also in that year there was a decision to

consolidate the responsibility for construction into the Depart

ment of Housing and Urban Development, the Environmental


That course of action appears to be consistent with interim steps recommended in the Staff Report of the Subcommittee on Equal Opportunities. "The number of contract compliance agencies should be reduced to no more than five federal agencies with a goal of one compliance agency in five years," p. 19. It also appears consistent with those recommended in the u.s. Civil Rights Commission's Federal Civil Rights Enforcement Effort--1974, Volume V: "OFCCP should consolidate the current delegation of authority in fewer than 10 agencies assuring approximately equal responsibility and resources are allocated to each compliance

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that, regardless of its location in the Federal struc

ture, the Executive Order Program will be unable to

realize its full potential in bringing about the full

equal employment rights and benefits to which minori

ties and women are entitled so long as the responsi

bility for administering and implementing its

requirements are so hopelessly fragmented among mul

that the responsibility and authority, including budget

and staff resources of the compliance agencies, be con

solidated in the Department of Labor.

In addition to achieving an optimum degree of ef

fectiveness, such a consolidation would result in a

cost savings of 20 to 30 percent or $8 to $12 million,

which could be converted to greater compliance review


The cost savings would result principally from a

decrease in management overhead at the headquarters

level, a decrease in supervisory positions at the field

level, and an increase in efficiency at the operating

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positions at levels GS-15/16 and GS-14/15. Under a consolidated field operation, this management overhead would be substantially reduced. From an operating

standpoint the cost per compliance review ranges from

$1,406 at the Department of Defense, the most efficient

compliance agency, to $4,028 at the Department of Health,

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equal to the aggregate of those now existing in the

several agencies; the possibility of confrontations

with the procuring agencies over the use of the con

tract sanctions of cancellation, termination, suspen

sion, and debarment; and the desirability of divorcing

the rest of the Executive Branch from commitments to

EEO enforcement and civil rights, generally.

As to the question of resources, the Task Force

finds that under the Department's leadership in devel

oping a unitary budget system with the Office of Man

agement and Budget (OMB) the resources of OFCCP and

the compliance agencies have increased from approxi

mately 228 full time positions and $5 million in fiscal

year 1967 to approximately 1,900 full-time positions

and $42 million in fiscal year 1977.

The Task Force

also finds that the critical problem which confronted

the Department in achieving these resource levels and

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