Page images

and incorporated them, along with the affirmative action concepts and procedures adopted by Plans for Progress,

in Title 41 CFR 60-2 or order No. 4, published January 20, 1970. The regulation was revised to include goals for

females on December 1, 1971.


The Administration of the AAP Goals and Timetables and Procedures

The affirmative action program regulations con

tain essentially six requirements:

(1) a work force

analysis; (2) a job group analysis; (3) an availability analysis; (4) goals and timetables; (5) implementing procedures; and (6) mandatory enforcement steps.

Work Force Analysis--60-2.11(a)

The work force analysis calls for a picture of the pattern of employment of minorities and women. It consists of a listing of job titles by department or related organizational unit, ranked sequentially from the lowest paying to the highest paying jobs, with an indication of rates of pay or salary ranges and the number of incumbents by race, sex, and ethnic origin. Its purpose is to permit the contractor and the Government to identify apparent or potential affected classes and other forms of systemic discrimination. Where such problems are disclosed, the regulations place a duty on the contractor to institute remedial

Job Group Analysis--60-2.11 (b)

The job group analysis consists of a listing of

job titles including the number of incumbents by race, sex, and ethnic origin within job groups (as opposed to organizational units). For the purpose of this analysis a job group is defined as one or a group of jobs having similar wage rates and opportunities. job group analysis is the initial groundwork item from which the necessity for and the level of goals and timetables are determined.


Availability Analysis--60-2.2.11 (b)

The availability analysis consists of a review of data concerning the availability of minorities and women for employment in the contractor's relevant job groups. In determining availability several factors are used, including primarily the percentage of minorities and women having requisite skills in the labor area in which the contractor can be reasonably expected to recruit, the percentage of minorities and women contained in the contractor's work force who are potentially qualified for upgrading and the number of minorities and women who may be reasonably trained to obtain necessary skills. The data used for determining currently trained labor force availability are

agencies' issuance, "Manpower Data for Affirmative

Action Programs."

However, to determine the availa

bility of minorities and women for jobs which require

specific skills the contractor may use data from such alternative sources as may exist.

Goals and Timetables--60-2.12

For each job group in which the job group and availability analysis disclose underutilization, goals and timetables are to be established. "Underutilization" is defined as having fewer minorities or women in a particular job group than would be reasonably expected by their availability. The goals must be relevant, significant, and designed to completely The timetable must

eliminate the underutilization.

be designed to achieve the goals within the minimum feasible time period. However, neither the goals nor the timetables may be framed or used in such a manner as to constitute illegal quotas or otherwise discriminate against nonminorities or males.

Affirmative Action Procedures--60-2.13 through 60-2.25 The goals and timetables provisions are followed by procedures contained in 60-2.13 and subpart C which lists examples of measures which a contractor must take to identify problem areas, resolve problems disclosed,

discrimination, and otherwise make the affirmative

action program work toward the achievement of its

stated objectives.


The enforcement provisions of 60-2 contain reasonably precise steps to enforce compliance with the AAP goals, timetables, and procedures: (1) each bidder, prospective contractor, and proposed subcontractor must certify whether it has an AAP pursuant to 60-2; (2) until a contractor develops such a program it is unable to comply with the equal opportunity clause of the contract and, therefore, ineligible for the award; (3) if within a specific time period after the commencement of a compliance review a compliance agency determines that the contractor has not developed an acceptable affirmative action program, a notice is issued to the contractor to show cause within 30 days why sanction proceedings should not be instituted. Further, during the pendency of the 30-day show cause notice and the sanction proceedings, each Government contracting agency must continue to determine the contractor's responsibility in considering whether or not to award an additional or new contract.

[blocks in formation]

Since their introduction by OFCCP, the affirmative action program requirements of Executive Order 11246 have been adopted almost universally in the field of equal opportunity. Most significant employers including

non-Federal contractors, maintain an affirmative

action program or plan which meets in whole or in part the principles and concepts contained in 41 CFR 60-2, particularly those relating to goals, timetables, and action oriented procedures.

Federal contractors

who in recent years have not been subject to a compliance review must develop and maintain an affirmative action program as a condition of contract award. Those who can anticipate a compliance review, and would otherwise fail to develop and execute a reasonably successful affirmative action program, risk contract actions, including deferrals and passovers, as a consequence of a determination of nonresponsibility.

In addition, for both Federal and non-Federal contractors an aggressive affirmative action program, including demonstrably successful goals, timetables, and procedures to overcome labor force/work force disparities, serve a preventive purpose. They tend to mitigate against potential court litigation and further, they have been recognized by the courts as a

« PreviousContinue »