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compliance status may well vary from day to day. following are the major anomalies:


1. Females: No specific standards for insuring equal opportunity (EEO) for women in the construction industry;

2. Minorities: Existing numerical standards for minorities have been determined through at



least four different methods;

Geographic Areas: Methods for computing stand-
ards vary from area to area, and in some cases,
variations exist even within the same area.
Thus, a covered contractor may have different
standards for compliance within the same geo-
graphic area; and

State and Local: In some jurisdictions State
and local EEO requirements conflict with Fed-
eral standards.

Some of the difficulties indicated above will be resolved through the promulgation of revisions to the. construction program. Major revisions included in this proposal are the establishment of standards for women, the establishment of a regulatory framework for the construction program, the replacement of all existing bid conditions with a single standard specification,

specific affirmative action obligations for contractors

as the primary obligation.



The Task Force recommends the following changes in the existing construction standards and operations: Establishment of national standards and enforcement

procedures for the construction industry. Such a change in OFCCP's operation would eliminate the need for Hometown Plans, Imposed Plans, and Special Bid Conditions; it would establish uniform standards for construction contractors, something construction contractors have

often requested.

Inclusion of women in the national standards


Establishment of a single method of computation for
The redefinition of these standards

numerical standards.

should provide for the impact of unemployment on protected groups and also focus on the long-term activities of construction contractors and how the effects of past

discrimination can be remedied.




Introduction and Background

Responsibility for implementing the requirements

of Section 503 of the Rehabilitation Act of 1973, as amended, and Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, rests with OFCCP, and is administered through the Veterans and Handicapped Worker Operations Division.

Unlike programs administered under the Executive Order, Sections 503 and 402 are primarily enforced by the Department of Labor, with constituent compliance agencies having only auxiliary responsibilities at the present time.

The Department of Labor has issued regulations pertaining to the Vietnam Era (41 CFR 60-250) and Handicapped Workers' Programs (41 CFR 60-741) which are similar to, but distinct from those issued pursuant to Executive Order 11246.

II. Program Requirements

Regulations of both Sections 503 and 402 incorporate essentially the same provisions to insure that handicapped individuals, veterans, and disabled veterans

they protect an employer from having to hire an unqualified person. Under the regulations, an employer must consider applicants or employees on the basis of

their background, plus job-related physical and mental When necessary, an employer is expected to


make reasonable accommodations to physical or mental limitations of a handicapped employee. Employers must

evaluate each handicapped applicant individually, and cannot discriminate against an individual simply because the company has a good record of hiring the handicapped. In addition, contractors and subcontractors under Section 402 must report job openings to State Employment Services affiliated with the U.S. Employment Service and file quarterly reports of hiring activities.

Under their affirmative action plans, contractors covered by Sections 503 and 402 must review their personnel policies and procedures to insure that they do not discriminate or have the effect of discriminating against the handicapped and Vietnam era veterans. In addition, contractors should make positive outreach. efforts to recruit the handicapped and Vietnam era veterans. Briefly, the regulations provide that con

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