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United States requesting a temporary 60-1.26, the Attorney General may, restraining order, preliminary or per subject to approval by the Director, manent injunction, and an order for initiate independent investigations of such additional equitable relief, in: contractors which he/she has reason cluding back pay, deemed necessary or to believe may be in violation of the appropriate to ensure the full enjoy. Order or the rules and regulations ment of the rights secured by the issued pursuant thereto. If, upon comOrder, or any of the above.
pletion of such an investigation, the (2) The Attorney General is author. Attorney General determines that the ized to conduct such investigation of contractor has in fact violated the the facts as he may deem necessary or Order or the rules and regulations appropriate to carry out his responsi issued thereunder, he shall make reabilities under these regulations.
sonable efforts to secure compliance (3) Prior to the institution of any ju
with the contract provisions of the dicial proceedings, the Attorney Gen Order. He may do so by providing the eral, on behalf of the Director, is au contractor and any other respondent thorized to make reasonable efforts to with reasonable notice of the Departsecure compliance with the contract ment's findings, its intent to file suit, provisions of the Order. He may do so and the actions that the Attorney by providing the contractor and any
General believes are necessary to other respondent with reasonable
obtain compliance with the contract notice of his findings, his intent to file
provisions of the Order without consuit, and the actions he believes neces
tested litigation, and by offering the sary to obtain compliance with the
contractor and any other respondent a contract provisions of the Order with reasonable opportunity for conference out contested litigation, and by offer
and conciliation in an effort to obtain ing the contractor and any other re
such compliance without contested spondent a reasonable opportunity for
litigation. If these efforts are unsucconference and conciliation, in an
cessful, the Attorney General may, effort to obtain such compliance with
upon approval by the Director, bring a out contested litigation.
civil action in the appropriate district (4) As defined in these regulations,
court of the United States requesting the Attorney General shall mean the
a temporary restraining order, prelimiAttorney General, the Assistant Attor
nary or permanent injunction, and an ney General for Civil Rights, or any
order for such additional equitable other person authorized by regula
relief, including back pay, deemed nections or practice to act for the Attor
essary or appropriate to ensure the
full enjoyment of the rights secured ney General with respect to the enforcement of equal employment op
by the Order or any of the above. portunity laws, orders and regulations
(g) To the extent applicable, this generally, or in a particular matter or
section and Part 60-30 of this chapter
shall govern proceedings resulting case. (5) The Director or his/her designee,
from the Director's determination
under $ 60-2.2(b) that there are suband representatives of the Attorney General may consult from time to
stantial issues of law or fact as to the time to determine what investigations
contractor/bidder's responsibility. should be conducted to determine (43 FR 49240, Oct. 20, 1978; 43 FR 51400, whether contractors or groups of con- Nov. 3, 1978) tractors or other persons may be engaged in patterns or practices in viola
$ 60-1.27 Sanctions and penalties. tion of the Executive Order or these The sanctions described in subsecregulations, or of resistance to or in- tions (1), (5), and (6) of section 209(a) terference with the full enjoyment of of the order may be exercised only by any of the rights secured by them, or with the approval of the Director. warranting judicial proceedings.
Referral of any matter arising under (f) Initiation of lawsuits by the At the order to the Department of Justorney General without referral from tice or to the Equal Employment Opthe Director. In addition to initiating portunity Commission shall be made lawsuits upon referral under 41 CFR by the Director.
$ 60-1.28 Show cause notices.
When the director has reasonable cause to believe that a contractor has violated the equal opportunity clause he may issue a notice requiring the contractor to show cause, within 30 days, why monitoring, enforcement proceedings or other appropriate action to ensure compliance should not be instituted.
ance with the equal opportunity clause. $ 60-1.32 Intimidation and interference.
The sanctions and penalties contained in Subpart D of the order may be exercised by the Director against any prime contractor, subcontractor or applicant who fails to take all necessary steps to ensure that no person intimidates, threatens, coerces, or discriminates against any individual for the purpose of interfering with the filing of a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing, or any other activity related to the administration of the order or any other Federal, State, or local laws requiring equal employment opportunity.
Subpart C—Ancillary Matters
$ 60-1.29 Preaward notices.
(a) Preaward compliance reviews. Upon the request of the Director, agencies shall not enter into contracts or approve the entry into contracts or subcontracts with any bidder, prospective prime contractor, or proposed subcontractor named by the Director until a preaward compliance review has been conducted and the Director or his designee has approved a determination that the bidder, prospective prime contractor or proposed subcontractor will be able to comply with the provisions of the equal opportunity clause.
(b) Other special preaward procedures. Upon the request of the Director, agencies shall not enter into contracts or approve the entry into subcontracts with any bidder; prospective prime contractor or proposed subcontractor specified by the Director until the agency has complied with the directions contained in the request.
$ 60-1.30 Contract ineligibility list.
The Director shall distribute periodically a list to all executive departments and agencies giving the names of prime contractors and subcontractors who have been declared ineligible under the regulations in this part and the order.
$ 60-1.40 Affirmative action compliance
programs. (a) Requirements of programs. Each contractor who has 50 or more employees and (1) has a contract of $50,000 or more; or (2) has Government bills of lading which in any 12month period, total or can reasonably be expected to total $50,000 or more; or (3) serves as a depository of Government funds in any amount; or (4) is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount, shall develop a written affirmitive action compliance program for each of it's establishments. Each contractor and subcontractor shall require each subcontractor who has 50 or more employees and (i) has a subcontract of $50,000 or more; or (ii) has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or (iii) serves as a depository of Government funds in any amount; or (iv) is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount, to develop a written affirmative action compliance program for each of its establishments. A necessary prerequisite to the development of a satisfactory affirmative action program is the identification and analysis
$ 60-1.31 Reinstatement of ineligible
prime contractors and subcontractors. Any prime contractor or subcontractor declared ineligible for further contracts or subcontracts under the order may request reinstatement in a letter directed to the Director. In connection with the reinstatement proceedings, the prime contractor or subcontractor shall be required to show that it has established and will carry out employment policies and practices in compli
This information shall be made available to representatives of the Director upon request and the contractor's af. firmative action program and the result it produces shall be evaluated as part of compliance review activities. (43 FR 49240, Oct. 20, 1978; 43 FR 51400, Nov. 3, 1978)
of problem areas inherent in minority employment and an evaluation of opportunities for utilization of minority group personnel. The contractor's program shall provide in detail for specific steps to guarantee equal employment opportunity keyed to the problems and needs of members of minority groups, including, when there are deficiencies, the development of spe. cific goals and time tables for the prompt achievement of full and equal employment opportunity. Each contractor shall include in its affirmative action compliance program a table of job classifications. This table should include but need not be limited to job titles, principal duties (and auxiliary duties, if any), rates of pay, and where more than one rate of pay applied (be. cause of length of time in the job or other factors), the applicable rates. The affirmative action compliance program shall be signed by an executive official of the contractor.
(b) Utilization evaluation. The evaluation of utilization of minority group personnel shall include the following: (1) An analysis of minority group
f minority groun representation in all job categories.
(2) An analysis of hiring practices for the past year, including recruitment sources and testing, to determine whether equal employment opportunity is being afforded in all job categories.
(3) An analysis of upgrading, transfer and promotion for the past year to determine whether equal employment opportunity is being afforded.
(c) Maintenance of programs. Within 120 days from the commencement of the contract, each contractor shall maintain a copy of separate affirmative action compliance programs for each establishment, including evaluations of utilization of minority group personnel and the job classification tables, at each local office responsible for the personnel matters of such establishment. An affirmative action compliance program shall be part of the manpower and training plans for each new establishment and shall be developed and made available prior to the staffing of such establishment. A report of the results of such program shall be compiled annually and the program shall be updated at that time.
$ 60-1.41 Solicitations or advertisements
for employees. In solicitations or advertisements for employees placed by or on behalf of a prime contractor or subcontractor, the requirements of paragraph (2) of the equal opportunity clause shall be satisfied whenever the prime contractor or fied whenever subcontractor complies with any of the following:
(a) States expressly in the solicitations or advertising that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin;
(b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by the Director. The use of the insignia is considered subject to the provisions of 18 U.S.C. 701;
(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, color, religion, sex, or national origin;
(d) Uses a single advertisement in which appears in clearly distinguishable type the phrase “an equal opportunity employer.”
$ 60-1.42 Notices to be posted.
(a) Unless alternative notices are prescribed by the Director, the notices which prime contractors and subcontractors are required to post by paragraphs (1) and (3) of the equal opportunity clause will contain the following language and will be provided by the contracting or administering agencies:
EQUAL EMPLOYMENT OPPORTUNITY IS THE
COMMISSION Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees, by Labor Organizations with a hiring hall of 75 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered.
THE OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS U.S. Department of Labor Washington, D.C.
20210 (b) The requirements of paragraph (3) of the equal opportunity clause will be satisfied whenever the prime contractor or subcontractor posts copies of the notification prescribed by or pursuant to paragraph (a) of this section in conspicuous places available to employees, applicants for employment, and representatives of each labor union or other organization representing his employees with which he has a collective-bargaining agreement or other contract or understanding.
Who believes he or she has been
THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 2401 E Street NW, Washington, D.C. 20506 Executive Order No. 11246—Administered
8 60–1.43 Access to records and site of em
ployment. Each prime contractor and subcontractor shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the agency, or the Director. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of purposes of the Order and that Act. (See 41 CFR Part 60-60, Contractor Evaluation Procedures for Nonconstruction Contractors; 41 CFR Part 60-40, Examination and Copying of OFCCP Documents.) (Sec. 201. E.O. 11246, 30 FR 12319, and E.O. 11375, 32 FR 14303)
THE OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federal Assisted Construction Contract. regardless of the number of employees in either case.
Who believes he or she has been
$ 60-1.44 Rulings and interpretations.
Rulings under or interpretations of the order or the regulations contained in this part shall be made by the Secretary or his designee.
$ 60–1.45 Existing contracts and subcon
tracts. All contracts and subcontracts in effect prior to October 24, 1965, which are not subsequently modified shall be
PART 60-2_AFFIRMATIVE ACTION
Subpart A-General Sec. 60-2.1 Title, purpose and scope. 60-2.2 Agency action.
administered in accordance with the nondiscrimination provisions of any prior applicable Executive orders. Any contract or subcontract modified on or after October 24, 1965, shall be subject to Executive Order 11246. Complaints received by and violations coming to the attention of agencies regarding contracts and subcontracts which were subject to Executive Orders 10925 and 11114 shall be processed as if they were complaints regarding violations of this order. $ 60-1.46 Delegation of authority by the
Director. The Director is authorized to redelegate the authority given to him by the regulations in this part. The authority redelegated by the Director pursuant to the regulations in this part shall be exercised under his general direction and control.
Subpart B-Required Contents of Affirmative
Action Programs 60-2.10 Purpose of affirmative action pro
gram. 60-2.11 Required utilization analysis. 60-2.12 Establishment of goals and timeta
bles. 60-2.13 Additional required ingredients of
affirmative action programs. 60-2.14 Compliance status.
Subpart C—Methods of Implementing the
Requirements of Subpart B 60-2.20 Development or reaffirmation of
the equal employment opportunity
policy. 60-2.21 Dissemination of the policy. 60-2.22 Responsibility for implementation. 60-2.23 Identification of problem areas by
organizational units and job groups. 60-2.24 Development and execution of pro
grams. 60-2.25 Internal audit and reporting sys
tems. 60-2.26 Support of action programs.
$ 60-1.47 Effective date.
The regulations contained in this part shall become effective July 1, 1968, for all contracts, the solicitations, invitations for bids, or requests for proposals which were sent by the Government or an applicant on or after said effective date, and for all negotiated contracts which have not been executed as of said effective date. Notwithstanding the foregoing, the regulations in this part shall become effective as to all contracts executed in and after the 120th day following said effective date. Subject to any prior approval of the Secretary, any agency may defer the effective date of the regulations in this part, for such period of time as the Secretary finds to be reasonably necessary. Contracts executed prior to the effective date of the regulations in this part shall be governed by the regulations promulgated by the former President's Committee on Equal Employment Opportunity which appear at 28 FR 9812, September 2, 1963, and at 28 FR 11305, October 23, 1963, the temporary regulations which appear at 30 FR 13441, October 22, 1965, and the orders at 31 FR 6881, May 10, 1966, and 32 FR 7439, May 19, 1967.
Subpart D-Miscellaneous 60-2.30 Use of goals. 60-2.31 Preemption. 60-2.32 Supersedure.
AUTHORITY: 5 U.S.C. 553(a)(3)(B); 29 CFR 2.7; section 201, E.O. 11246, 30 FR 12319, and E.O. 11375, 32 FR 14303, as amended by E.O. 12086.
SOURCE: 43 FR 49249, Oct. 20, 1978, unless otherwise noted.
8 60-2.1 Title, purpose and scope.
(a) This part shall also be known as “Revised Order No. 4,” and shall cover nonconstruction contractors. Section 60-1.40 of this chapter, affirmative action compliance programs, requires that within 120 days from the commencement of a contract each prime contractor or subcontractor with 50 or more employees and (1) a contract of $50,000 or more; or (2) Government bills of lading which, in any 12-month