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OFCCP should therefore replace the current sys-
tem of administrative law judges with a Contract
Compliance Appeals Board made up of administra-
tive judges appointed exclusively for that pur-
pose. In addition, the current hearing regula-
tions should be revised to serve that objective.
To preserve the current advantages of the pre-
award compliance review process and, at the
same time, to assure that each such review
guarantees the full remedial rights and bene-
fits to which victims of discrimination are

entitled, that process should be converted
into a "contract award review," containing
both preaward and post award phases, and
certain mandatory sanctions.

OFCCP should revise its basic policies to pro-
vide an appropriate balance between complaint
investigations and compliance reviews.

OFCCP should develop criteria for the referral of systemic cases to EEOC and the Department of Justice which recognize the unique capa

bilities of those two agencies.


An Alternative Regulatory Scheme


There are two fundamental flaws in the current regulatory scheme. First, its enforcement structure consists

of a multitude of separate, semi-autonomous compliance agencies and units within compliance agencies. Second, there are not precise standards program officials are required to follow or to apply in making compliance or other decisions which affect the program.


By adopting the Task Force's full recommendations on consolidation, exemptions, target selections, compliance determinations and settlements, appeal procedures, and sanction hearings, the Department of Labor would arrive at a new regulatory scheme under which either compliance with the EEO clauses of Federal contracts is achieved or legitimate contract actions (including deferrals and passovers) and/or sanctions would be accomplished promptly, efficiently, and systematically.




The Equal Employment Opportunity Commission


Maximizing efficiency in the total Federal equal employment opportunity effort in the private sector and avoiding potential conflict, competition, duplication, and inconsistency between OFCCP and EEOC have not been assured primarily because the two agencies have not developed reasonably definitive, mutually compatible standards for identifying, proving, and remedying violations.


OFCCP should invite EEOC to participate in its proposed project to codify compliance definitions and standards in regulatory form. Thereafter EEOC would be able to afford full faith and credit to those of OFCCP's compliance decisions and settlements which remedy Title VII violations, just as if they were made by the Commission's own staff persons. Maximizing efficiency would then become almost exclusively a function of target selection, with EEOC allocating the greater proportion of its enforcement resources to those issues which are more

amenable to successful resolution under Title VII's

processes and with OFCCP earmarking its efforts to those

for which its authority and activities are more uniquely


2. Other Federal Veterans' /Handicapped Programs

Findings and Recommendations:

There are a number of Federal boards and commissions which have responsibilities for veterans' and handicapped The Director, OFCCP, should be designated a


member of these organizations.


Relationships With the Public and With Public Groups




OFCCP has never developed the capability to provide to the public an accounting of its progress toward accomplishing its mission.

OFCCP does not routinely seek the views of client groups in investigating class wide discrimination and in the framing of remedies.

C. OFCCP's processes involving informal consultations on basic policy questions do not permit balanced input from client and regulated groups. Recommendations:


OFCCP should prepare annual reports reflecting

its assessment of progress and problems in

creating new employment opportunities for handicapped individuals, minorities, women, and


Vietnam era veterans. The reports should be

disseminated to the public.

b. OFCCP should incorporate provisions in its compliance review regulations which would place a duty on Government compliance officials to seek the views of client groups when investigating class wide discrimination and in the framing of



OFCCP should establish a public advisory group consisting of balanced representatives from industry, labor, and constituency groups for consultation and oversight purposes.

Employment and Training Administration (ETA)

Findings and Recommendations:

The task force recommends that OFCCP and ETA develop a system of information sharing and cooperativeness of compliance efforts by making maximum use of available ETA training and outreach resources to increase the employment of minorities, women, handicapped persons, and veterans.

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