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of the contractor, on the other hand, consists

of individuals hired over past periods of time.

Thus, the computation may not be the ideal basis

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job groups, by industry, for which all con

tractors would have an affirmative action

obligation, regardless of availability.


addition to hiring goals, that obligation

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CFR 60-2.11(b) defines a job group as one or a

group of jobs having similar wage rates, content, and

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ties are too few in number to permit the establishment

of realistic goals.

In some instances, for example,

either no goals are set or they amount to fractions

of persons.

Therefore, the Task Force recommends that

the definition of job groups be redefined to address

Fractions of Persons

A third major implementation problem is that for

contractors who have a small work force or whose opera

tions require a number of relatively small job groups,

the availability percentages often work out to frac

tions of persons, forcing Government compliance offi

cials and contractors to attempt what amounts to

Solomonic judgments as to the precise level of goals

5 for various minorities and women.

OFCCP's response

to this problem was reflected in a proposed revision

of CFR 60-1.40 (redesignated CFR 60-1.6 in the proposed


This provision would have changed the cover

age criteria from 50 employees or more and $50,000 or

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However, the often-repeated case of a Washington, D.C., contractor being required to hire 1/4 of an Indian is apparently intended as a pun. The goal requirement does not cover any minority group which does not constitute 2 percent or more of the con

However, an analysis of the impact of the pro

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can be avoided by combining small related job groups to

arrive at whole numbers and by amending the definition

of job group.

Timetables and ultimate Goals

Although the term "ultimate goal" is not specifi

cally mentioned in 60-2, it was developed as an imple

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memorandum to Revised Order No. 4 (Memorandum to All

Contract Officers, dated February 22, 1974), OFCCP

substantially eliminate any disparities between the

rate of employment of minorities in the contractors' job groups and the rate of their availability for em

ployment in those groups.

Among the problems brought

to the attention of the Task Force are:


The relationship of "annual or interim

goals" to "ultimate goals," although ad

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goals over a template of a changing work force;

each change in minority or female availability

for any job group will result in revision of

"ultimate goals."


Timetables are often subject to dynamic

changes in work force opportunities, caused

in large measure by unpredictable economic

and competitive changes, thus making predic

tions difficult or impossible.

In lieu of ultimate goals, the Task Force recommends

that the concept of multiyear goals and timetables

including annual rates of achievement be incorporated

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