1-60.24

-1-60.25

1-60.26

1-60.27

1-60.28

1-60.29

1-60.30

1-60.31

Conciliation agreement. A written agreement between a contractor and OFCCP that details specific contractor commitments to resolve identified compliance deficiencies which are set forth in the agreement.

Continuing discrimination. Where individuals or groups suffer the current effects of past discrimination which have not been remedied. This may include, for example, loss of income or other benefits, lower job seniority, or other injuries.

Construction contract. Any contract for the construction,
rehabilitation, alteration, conversion, extension, demolition
or repair of buildings, highways, or other changes or improve-
ments to real property, including facilities providing
utility services. The term includes supervision, inspection
and other onsite functions incidental to actual construction.

Contracting agency. Any department, agency, establishment, or instrumentality in the executive branch of the government, including any wholly owned Government corporation, which enters into contracts. With respect to Federally assisted construction contracts, this term also includes the grant or aid recipient.

Deficiency. Noncompliance with a requirement of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, including implementing rules, regulations, or orders.

Dictionary of Occupational Titles. Publication of the
Employment and Training Administration, U. S. Department of
Labor, that classifies more than 20,000 jobs based on their
duties and commonly required qualifications.

Disabled veteran. A person entitled to compensation under laws administered by the Veterans Administration for disability, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

Discrimination. Illegal treatment of a person or group
(either intentional or unintentional) based on race, color,
national origin, religion, sex, handicap or veteran status.
The term also includes the failure to remedy the effects of
past discrimination.

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1-60.32

1-60.33

1-60.34

1-60.35

1-60.36

1-60.37

1-60.38

1-60.39

Disparate treatment. Differential treatment of employees.
or applicants on the basis of their race, color, religion,
sex, national origin, handicap, or veteran's status
(including, for example, the situation where applicants
or employees of a particular race or sex are required to
pass tests or meet educational requirement, etc., which
similarly situated contemporary applicants or employees of
another race or sex were not required to take or meet.)

Dun's number. A special number assigned to a business by Dun
& Bradstreet for computer identification.

EEO-1 report (also termed Standard Form 100). The Equal
Employment Opportunity Employment Information Report, an
annual report filed with the Joint Reporting Committee
(composed of OFCCP and EEOC) by employers subject to the
Executive Order or to Title VII of the Civil Rights Act of
1964, as amended. This report details the race, ethnic, and
sex composition of an employer's work force by job category.
EEO-2 report. The Equal Employment Opportunity Apprentice-
ship Information Report, an annual report filed with the EEOC
Survey Branch by all joint labor-management apprenticeship
committees. This report details the race, ethnic, and sex
composition of participants in apprenticeship programs.

EEO-3 report. The Equal Employment Opportunity Labor Union Report, an annual report filed by labor unions with the EEOC Survey Branch. It contains information on the race, ethnic, and sex composition of union membership and referrals for employment.

EEO-4 report. The Equal Employment Information Report, an annual report filed by State and local governments with the State and Local Reporting Committee (composed of EEOC, HEW, HUD, DOT, OPM and OFCCP). It sets forth the race, ethnic, and sex composition of their work force by activity and job classification.

EEO-5 report. The Equal Employment Opportunity Elementary-
Secondary Staff Information Report, an annual report filed
with the School Reporting Committee (composed of EEOC,
HEW/OCR, and the National Center for Education Statistics).
It details the race, ethnic, and sex composition by job
category, of elementary and secondary school staffs.

EEO-6 report. The Equal Employment Opportunity Higher
Education Staff Information Report, an annual report filed

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1.60.40

1-60.41

1-60.42

1-60.43

1-60.44

1-60.45

1-60.46

1-60.47

with the Higher Education Reporting Committee (composed of OFCCP, HEW/OCR and ZEOC) by colleges and universities. It details by job category, the race, ethnic, and sex composi tion of their staffs.

Employment offer. An employer's offer to an applicant for employment, usually in a specified job.

Equal opportunity clause. The seven subparagraphs contained in Section 202. of Executive order 11246, as amended, and required to be part of all contracts covered by the Executive Order. Pursuant to 41 CFR 60-1.4(e) and 60-4.9, the clause is a part of all covered contracts whether or not it is physically incorporated into the contract and whether a not the contract is written.

Exempt contractor. Any Government contractor a subcontractor exempt from some or all of the provisions of 41 CFR Chapter 60 according to the standards set forth in 41 CFR 60-1.5, 60-250.3, a 60-741.3.

Federally assisted construction contract. Refer to 41 CFR
60-1.3.

Focus job area. A unit of an establishment's workforce
(such as 2 scriority unit, department, line of progression,
or job title, as appropriate) qu which minorities or women
are concentrated or underrepresented relative cither to their
overall representation in the relevant workforce sector ur :
their availability for the jobs in question. This concept
is related to determining the existence of discrimination
rather than to the process of finding underutilization for
the purpose of setting goals as part of the contractor's
affirmative action program.

Fringe benefits. Medical, hospital, accident, life insurance,
and/or retirement benefits, profit sharing, bonus plans,
leave, and other terms and conditions of employment other
than wage or salary compensation.

Front pay. Compensation provided an individual or group which begins when a remedy for alleged discrimination is agreed to and ends when the individual or group attains its "rightful place." Refer to "back pay" in section 1-60.23.

Goals for non-construction contractors. A contractorestablished employment target for minorities or women where the contractor has identified underutilization of, or other employment problems relating to, minorities or women in certain job categories. The contractor agrees to make a good faith effort to achieve

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1-60.49

1-60.49

1-60.50

1-60.51

1-60.52

1-60.53

1-60.54

1-60.55

its goals. Goals are expressed as both numbers and percentages. They are not quotas. See 41 CFR Part 60-4 for construction contract goals.

Good cause. A legally acceptable defense for not having taken an action that would otherwise be required. "Good cause" for violation of 41 CFR Chapter 60 can normally be demonstrated only by showing that a firm is/was not covered by the regulation allegedly violated, or exempt from the regulation.

Good faith efforts. Those actions required by 41 CFR Chapter 60, and those the contractor may voluntarily develop, to achieve compliance with the contract's equal opportunity and affirmative action clauses.

Government contract. A written or unwritten agreement or modification thereof between a contracting agency and any person or firm for the furnishing of supplies or services, or for the use of real x personal property, including lease arrangements (41 CFR 60-1.3).

Handicapped individual. Any person who (1) has a physical o
mental impairment that substantially limits one or more of
his or her major life activities; (2) ihas a record of
such ‘mpai Iment, or (3) is regarded as having such an impair-
ment. A handicap is "substantially limiting" if it is likely
to cause difficulty in securing, retaining, or advancing in
employment. Refer to Appendix à of 41 CFR Part 60–741.

Hispanic. A person of Mexican, Puerto Rican, Cuban, South
American, or other Spanish culture ar arigin, regardless of

race.

Impact ratio. For employment decisions which offer people
employment opportunities (e.g. hire, promotion, training)
the impact ratio for a group is the selection rate for the
group divided by the selection rate for the group with the
highest selection rate. For any adverse employment decision
(e.g., termination, disciplinary action, layoff), the impact
ratio is the (termination) rate of the group with the lowest
rate divided by the (termination) rate for the group in
question. Impact ratios are compared to the 80% rule of
thumb to determine adverse impact under 41 CFR Part 60-3.4
(See Q&A #10-12).

Internal review procedure. A procedure by which an employer can adequately address and resolve a complaint of employment discrimination made by a handicapped individual, a disabled veteran, or a veteran of the Vietnam era (for example, grievance procedures under a collective bargaining agreement, EEO counselors, etc.).

Invitation to self-identify. An invitation by the contractor extended to all employees and applicants for employment who believe they are covered by Section 402 or 503 to identify themselves as handicapped or disabled for purposes of making reasonable accommodations and taking affirmative action on

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1-60.57

1-60.58

1-60.59

1-30.60

1-60.61

1-60.62

1-60.63

1-60.64

1-60.65

1-60.66

their behalf. All information obtained in response to such an invitation shall be kept confidential in accordance with. 41 CFR 60-741.5(c) or 60-250.5(c).

Job area. Any subunit, of a blue- or white-collar work force sector (such as a department, job group, job title).

Job area acceptance range (JAAR). A sliding scale of minority or female representation in job areas based on their percentages in the contractor's work force. JAAR is a mathematical formula used to identify possible affected classes, and concentration and underrepresentation of minorities and women in the contractor's work force. JAAR is not the same as the process for determining underutilization nor is it conclusive proof of discrimination. Refer to section 1-60.151.

Job categories. The nine designated categories of the EEO-1 report: officials and managers, professionals, technicians, sales workers, office and clerical, craft workers (skilled), operatives (semi-skilled), laborers (unskilled), and service workers.

Job description. A written statement detailing the duties of incumbents in a particular job title.

Job group. One or more positions having similar content, wage rates, and opportunities. Refer to 41 Crk 60-2.11(b).

Job specification. Minimum qualifications necessary to
perform a job.

Layoff. The process by which workers are removed from the active payroll to the inactive payroll during a reduction in force (RIF).

Life activities. Activities including but not limited to communication, ambulation, self care, socialization, evaluation, vocational training, employment, transportation, or adaptation to housing.

Line of progression.
section 1-60.117.

Line of promotion.
1-60.117.

Refer to progression line charts,

Refer to progression line charts, section

Mandatory job listing. The provision under Section 402 of the Vietnam Era Veterans Readjustment Assistance Act which requires covered employers to list suitable job openings with the local office of the State Employment Service.

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