Appendix to a Report on the Investigation of the Civil Rights Enforcement ...

Federal Register / Vol. 47, No. 79 Friday, April 23, 1982 / Proposed Rules

proceeding. In appropriate

circumstances, including the existence of a class of discriminatees, the decision may include a finding of violation, with or without a finding on whether back pay is required, and a recommendation of debarment: Provided. That if findings on individual entitlements to back pay and the amounts owing to individual class members are made, they shall be made in accordance with § 60-1.71(a) of this chapter.

13. 41 CFR 60-30.30 is revised to read as follows:

§60-30.30 Final administrative order.

(a) After expiration of the time for filing exceptions, and responses thereto, the Secretary or the Under Secretary, in the absence of the Secretary or if the Secretary disqualifies himself or herself

for any reason, shall make a final Administrative Order which shall be served on all parties. If the Secretary concludes that the defendant has violated the Order, 38 U.S.C. 2012 or section 503, an Administrative Order shall be issued which shall enjoin the violations, and require the contractor to provide whatever remedies are appropriate, including back pay and affirmative action relief, and which shall impose whatever sanctions are appropriate, or any of the above. In any event. failure to comply with the Administrative Order shall result in the immediate termination and suspension of the defendant's contracts and/or debarment of the defendant from further contracts: Provided. That the portion of any order under Executive Order 11246 terminating, cancelling, or suspending

17783

contracts shall not become effective until the consultation requirements of section 209(a)(5) of the Order, as amended by Executive Order 12086, have been satisfied.

(b) where a debarment is based upon a contractor's employment discrimination against individuals or a class of discriminatees, and where the identity of such individuals and/or the amounts owing to them have not been determined, the Secretary's Order shall provide that, in the event the former contractor seeks reinstatement as an eligible bidder pursuant to § 60-1.70 of this chapter, such determination of indivduals or amounts owing will be made pursuant to § 60-1.71 of this chapter.

(FR Doc. 82-11287 Filed 4-22-82 8:45 am) BILLING CODE 4510-27-M

APPENDIX G.

OFCCP DIRECTIVE ON SYSTEMIC DISCRIMINATION

("THE JOHN FOX MEMORANDUM">

MARCH 10, 1983

U. S. Department of Labor

Employment Standards Administration

Office of Federal Contract Compliance Programs

TRANSMITTAL

Number: 43

Date:MAR 10 1983

OFCCP Order No. 760al

SUBJECT:

Interim description of the required ingredients of discrimination cases.

PURPOSE: To set out current OFCCP policy with respect to the development of alleged discrimination cases, provide a systematic method of investigating for employment discrimination and to summarize the required ingredients of such cases.

DISTRIBUTION:

R, S, T, X

FILING INSTRUCTIONS:

CBSOLETE DATA:

Bohn C. Fox

Signature

OFCCP Form CC-92

1/82

U.S. Department of Labor

Employment Standards Administration

Office of Feceral Contract
Compliance Programs

Washington, DC 202 0

OFCCP Order No. 760al
MAR 10 1983

SUBJECT. Interim description of the required ingredients of discrimination cases.

PURPOSE. The purposes of this Order are to set out current
OFCCP policy with respect to the development of alleged
discrimination cases, provide a systematic method of
investigating for employment discrimination and to
summarize the required ingredients of such cases. Heavy
emphasis has been placed upon systemic discrimination since
it is generally more difficult to identify than individual
discrimination. However, the National Office does not
intend this to indicate any less emphasis on individual
cases under the Executive Order, the Veterans' or
Handicapped workers programs.

This document applies to discrimination cases developed
under all three OFCCP programs, irrespective of whether
they result from complaint investigations or compliance
reviews. Since this is the first National Office Order
addressing systemic discrimination, it is not intended to
be a complete how-to document although basic direction on
case development is provided in many critical areas. We
will provide more detailed guidance on these and other
discrimination issues in the revised contract compliance
manual. The manual will address such items omitted here as
data requests, the use of statistics, the definition of a
continuing violation, compensation, the nature of employer
defenses, etc.

This Order does set out a systematic and logical approach
to the development of discrimination cases. This process
will insure the development of cases which will pass
scrutiny upon review and will prevent one from reaching
premature conclusions. The essence of a discrimination
case is cause and effect. That is, the Agency must show
that the adverse employment action was the result of
discrimination, and that it occurred on account of the
victim's race, color, religion, sex, national origin,
veteran status or handicap (referred to as prohibited
factors). If the adverse employment conditions are the
result of something other than a prohibited factor, it may
be unfortunate, but it does not constitute a discrimination
case actionable under OFCCP programs.

DISTRIBUTION: R, S, T, X

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