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would support the efforts of the CCO's in the field. In conjunction with EEOC, it should be possible to shorten the time interval between the collection and the dissemination of minority employment information, and, via modern computer tabulation techniques, to present these data in cogent form.

Several other activities may be envisioned in the support area. Our understanding of what constitutes discrimination is increasing rapidly, through the efforts of CCO's as well as through the investigations of EEOC and the cases processed by the Department of Justice. To bring this understanding to the field, it is important to inform and to train CCO's through policy statements and educational programs. Much of this can be done by the contracting agencies, but OFCC can provide impetus and assistance for such efforts.

Evaluation

OFCC also must develop ways to exercise a continuing audit over the contracting agencies and their programs. It is here that the techniques of systems analysis may be relevant. Which agencies have achieved the best results? Which programs have had the most impact? These are the questions which OFCC as the nerve center should be able to answer. The methodology for carrying out this function might encompass activities such as these:

Analysis of minority representation patterns and their causes over time for the different contracting agencies. The data input from EEOC would be much the same as for the support function except in this instance more attention would be paid to a comparative analysis of results and of agency programs.

Periodic on-site investigations by OFCC personnel. The most effective audit is to look at a given set of employment practices with a different set of eyes. Such a program of selective investigation by OFCC would also give OFCC a much clearer picture of the problems.

Due to the small size of the OFCC operation, such audits would have to be chosen carefully, but a sufficient number could be scheduled to perform the evaluation function effectively.

As part of its continuing responsibility to approve agency rules and programs relating to contract compliance, OFCC has asked all agencies to submit their programs by April 30. OFCC will then be in a position to achieve consistency, establish priorities and identify target areas for emphasis by the agencies. Coordination

A third and quite important function for OFCC is the coordination of the efforts of the various contracting agencies. Decisions will have to be made about which agency assumes responsibility for the compliance program for a particular contractor. Such assignments are essential to avoid duplication. But such assignments also have to reflect considerations of industry and geographical expertise which the agencies possess in varying degrees. Currently, OFCC is attempting reorganization of agency responsibility along industry lines and consolidation of the assignments, which may reduce sharply the number of agenIcies that OFCC coordinates.

Even after contractors have been assigned to the various Government agencies, considerable coordination is still required to insure that the best results are obtained from the separate but related efforts of the different CCO's. The need for this concerted effort is especially pronounced at the local level. It is here that OFCC may be able to play a cross-cutting role and increase the effectiveness of this Program.

In carrying out its coordination function several other opportunities are offered to OFCC:

By virtue of its role as a supplier of information about problem areas and as an evaluator of progress, OFCC is in a position to inform other government departments about the necessary program inputs which would produce significant breakthroughs. For example, if physical accessibility to jobs appears to be an acute problem in a particular city, then the Department of Transportation can be informed and may be able to develop improved transit facilities. Similarly so for basic vocational education and HEW. And especially so, and closer to home, for hiring the hard core, expanding apprenticeship opportunities for minorities, and upgrading the underutilized-all of these important program areas of the Department of Labor should respond to an OFCC list of priorities. Compliance

In most cases, the direct work of the agencies through their CCO's with the support, evaluation and coordination of OFCC, will produce satisfactory com

pliance. However, we know from past experience that some employers, for a variety of reasons, will remain for a time at least in a state of non-compliance. In such a case, we have to proceed in an intelligent and yet insistent fashion to achieve full compliance. While no general plan can be prescribed, several steps are available:

(1) Intensive conciliation by the CCO involved in the case. The quiet and persistent involvement of CCO's in the difficult process of effecting change in employment arrangements has been a hallmark of the Government's efforts in this field and this crucial step ought to be preserved.

(2) Public Hearings by OFCC. In the event of failure along the conciliation route, it may be desirable to conduct a public hearing. Such a hearing, when properly conducted, can allow all sides to produce appropriate evidence and permit an impartial explanation of employment practices. As a practical matter, the pressure generated by such a public forum often facilitates change by overcoming apathy and placing reluctant factions in a difficult position.

(3) Pre-award pressure by the contracting agency. The Government usually has its greatest leverage over the behavior of a contractor during the pre-award period when the terms of trade are being negotiated. This is the time when the agency needs to exercise its strongest determination to achieve compliance. Time as well as pressure is involved. OFCC should help agencies allow enough time in their contract letting procedures for the negotiation of the social as well as the technical conditions of the contract. As a result of the guidance from OFCC, agencies should be better able to determine how much earlier to begin the contract letting sequence.

(4) Instigation of pattern-type suits by the Civil Rights Division of the U.S. Department of Justice. Under the Civil Rights Act the Attorney General is authorized to enter a suit whenever there is evidence of a pattern of discrimination. If attempts at compliance through conciliation, hearings or pre-contract negotiations are unsuccessful, it may be necessary to invoke more severe procedures. Two of these are available. A suit by the Department of Justice and a contract cancellation or debarment. As mentioned earlier, OFCC through the on-site work of the CCO's is in a strategic position to document the existence of institutional arrangements which form a pattern of discrimination of the kind envisioned in the "pattern" clause of the Civil Rights Act. Thus far the Attorney General has filed about 40 suits dealing with such employment practices.

(5) Alteration of a contractor's status. The hope and effort should be to see that this stage would not be reached since compliance would have been achieved through conciliation, hearings, or pre-award negotiations. As another option at the point of involving ultimate sanctions, however, OFCC may find it necessary to cancel an existing contract or to debar a contractor from future work until full compliance is achieved.

The aforementioned techniques illustrate the range of possible responses available to OFCC and the contracting agencies. The first three: conciliation, hearings, and pre-award negotiations emphasize the positive and voluntary approach to compliance. The last two, which normally would not be needed, clearly involve severe sanctions. Generally speaking, a company that became the subject of a pattern suit would not require the application of the contract cancellation sanctions. However, if in the judgment of the contracting agency and/or OFCC all else had failed, OFCC would not hesitate to invoke a change in the contractor's status.

I conclude by emphasizing the results we seek through this and other programs. Success in this effort is not measured by the cancellation or refusal of contracts. Indeed, such action is really a measure of failure. What we want is not a change in contractors but a change in employment conditions so that opportunities for employment in this country are equally open to all.

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The U.S. Equal Employment Opportunity Commission was created to administer Title VII of the 1964 Civil Rights Act, which bans job discrimination based on race, color, religion, sex and national origin. Individuals who believe they have received discriminatory treatment from an employer, labor organization, employment agency or joint labor-management apprenticeship program should file a complaint with the Commission, through the nearest EEOC Regional Office or through its headquarters at 1800 G Street, N.W., Washington, D.C.

The Commission works two ways:
⚫ to investigate complaints of dis-
crimination and, finding them justi-
fied, to seek their resolution through
conciliation.

• to stimulate affirmative programs in-
creasing job opportunities for minor-
ity and women workers.

As part of its second function, the Commission conducted Hearings in New York City on the problems faced by minority and women workers seeking white collar employment. What follows is a summary and analysis of those Hearings. Findings and testimony presented over the four days focused primarily on the New York employment scene, but they have broader relevance and applicability. New York is significant in itself as the largest white collar employment market; it also stands as a symbol of employment problems and progress nation-wide. It is hoped that the experiences discussed at the Hearings and presented here will assist employers throughout the country in confronting - and solving — a problem of national importance: the creation and maintenance of meaningful equal employment opportunity.

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