Procedural Requirements The procedural requirements of subpart C of 60-2 which contains methods, procedures, and specific techniques for making the affirmative action program work toward achieving nondiscrimination and affirmative action objectives, in some instances have proven to be a burden to contractors and served to divert the attention of compliance officials from "bottom line results." The sheer magnitude of the examples and illustrations tends to generate voluminous paperwork which does not contribute substantially to the compliance determination process. Further, the examples and illustrations have the appearance of emphasizing "procedural compliance over affirmative remedies. " 6 In the ill-fated proposed revisions to 60-2 of the regulations this past year, OFCCP would have eliminated subpart C and permitted contractors to tailor affirmative action methods, procedures, and techniques to fit their own legitimate employment structure. It was felt that this would have enabled Government compliance officials to base compliance decisions primarily on the results achieved. However, the Task Force notes that the general thrust of the 6 Subcommittee on Equal Opportunities, Staff Report on Oversight Investigation of Federal Enforcement comments and testimony of client groups has been overwhelmingly in favor of more guidance to contractors rather than less. Most such groups indicate that this is particularly true of those contractors who have a sizable white collar or nonunionized work force. Such contractors have less formalized employment systems which tend to foster subjectivity in decisions affecting job assignment, training, compensation, promotion, upgrading, and other terms and conditions of employment. The Task Force recommends that OFCCP develop regulations that will not place onerous demands on the resources and capabilities of contractors with less than 100 employees. At the same time, these small contractors should not be relieved of requirements which will assure nondiscrimination and affirmative action. Rather, such contractual obligations should be attainable without unreasonable paperwork and with a simplified means of assuring compliance. This action would comport with the President's announced intention of simplifying procedures for small businesses to comply with the vast array of Federal regulatory schemes under which they operate. It would also allow for administrative burdens to be borne by CHAPTER 6 AFFIRMATIVE ACTION REQUIREMENTS OF CONTRACTORS I. Introduction and Background Because of the differences between the construction and supply and service industries, the construction program has developed different techniques for implementing the Executive Order requirements from those required of other Federal contractors and subcontractors. Typically, construction contractors have had small permanent work forces. They hire the work force needed for a project at the start of the project and lay the workers off at the completion of the project. Also, construction con tractors generally move their operations as required by the location of the construction project. The construction compliance program currently uses three different mechanisms for establishing its affirmative action obligations on federally involved construction contractors. These are Hometown Plans, Imposed Plans, and Special Bid Conditions. Each of these "plans" uses a different set of bid conditions for nonexempt construction contractors in the covered area or on a covered project. These bid conditions provide different affected parties in determining the applicability of each to a particular contract. Conceptual problems, while the same as those encountered in the supply and service program, are magnified by even more emphasis on goal achievement to the greater detriment of institutional changes. Technical difficulties also surround affirmative action requirements which are: inconsistently developed and applied; not applicable to women; not applicable to all areas of the country; and applied on a short-term basis with no accountability for long-term results. A description of these problems and the existing program elements are presented below. Hometown Plans In the late 1960's and early 1970's, voluntary plans involving industry, labor, and minority community representatives were encouraged by OFCCP in targeted urban centers across the country. No consistent criteria existed for approval of the plans. Goals and timetables were negotiated for each craft wishing to participate. Contractors were required only to "equitably participate" in the plan to demonstrate compliance with the Executive Order. |