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forms of discrimination.
This endeavor should proceed
from a currently proposed project under which written,
legally acceptable standards and principles of proving
and remedying systemic discrimination are culled from
applicable EEO case law to serve as a basis for
standardized compliance review and investigative pro
cedures, conciliation processes, formal hearings,
training, rulings and interpretations, subsequent
amendments to the rules and regulations, and technical
assistance to contractors.
APPLICATION OF ENFORCEMENT SYSTEMS-
OFCCP has established six enforcement processes.
They include routine compliance reviews, nonresponsibility
determinations, administrative hearings, preaward com
pliance reviews, complaint investigations, and referrals
to EEOC and the Department of Justice.
Agencies are required to select contractors for
routine compliance reviews on the basis of criteria de
signed to insure an optimum degree of efficiency in the
use of enforcement resources.
The compliance review is
during the exit interview, the process is extended to
include the issuance of a notice which affords the con
tractor 30 days to show cause why sanction procedures
should not be instituted.
During the show-cause period
the contractor may be determined "nonresponsible" and,
therefore, ineligible for any pending contract.
contractor fails to achieve compliance through concilia
tion by the end of that period, the case is referred for
sanction procedures which include an opportunity for a
formal hearing before an administrative law judge.
recommendation of the administrative law judge is acted
upon by the head of the compliance agency and the Di
Preaward compliance reviews are identical to routine
compliance reviews except they must be conducted within
30 days of the award of a contract (for supplies and
services) in the amount of $1 million or more and, be
cause of the limited time period for completion, they
usually do not accommodate the desk audit and offsite
The complaint investigation process is
also essentially the same as the routine compliance review activity except that it is triggered by an allega
given rise to allegations of arbitrary decisions
and other abuses on the part of agency compliance
OFCCP has responded by invoking
appeal procedures which vest complete discretion
in the Director, OFCCP and provide her/him with
30-day time period does not permit a focus on
systemic discrimination and related complex
Complaints referred to EEOC have not received
prompt disposition. However, by engaging ex-
losing one of its major advantages.
OFCCP has not formalized suitable criteria for
the referral of systemic enforcement cases to
EEOC and the Department of Justice.