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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.

PART IV

APPLICATION OF ENFORCEMENT SYSTEMS-

CHAPTERS 9-10

Enforcement Processes

Findings:

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

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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.

If the

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.

The

recommendation of the administrative law judge is acted

upon by the head of the compliance agency and the Di

rector, OFCCP.

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

analysis steps.

The complaint investigation process is

also essentially the same as the routine compliance review activity except that it is triggered by an allega

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given rise to allegations of arbitrary decisions

and other abuses on the part of agency compliance

officials.

OFCCP has responded by invoking

appeal procedures which vest complete discretion

in the Director, OFCCP and provide her/him with

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30-day time period does not permit a focus on

systemic discrimination and related complex

issues.

g.

Complaints referred to EEOC have not received

prompt disposition. However, by engaging ex-
tensively in complaint handling, OFCCP risks

losing one of its major advantages.

h.

OFCCP has not formalized suitable criteria for

the referral of systemic enforcement cases to

EEOC and the Department of Justice.

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(3 to 5 days) before a "neutral third party."

e.

Since OFCCP is to develop its full contract

sanction potential, it is essential that formal

hearings also be expedited (e.g. 60 to 90 days).

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