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Improve the established monitoring by compliance

agencies when they are conducting Executive Order

Compliance Reviews.

CHAPTER 8

REMEDYING DISCRIMINATION

I.

Introduction and Background

In the early 1960's, under the direction of the

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Title VII of the Civil Rights Act of 1964 and later

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timetables, and procedures of Title 41, CFR Part 60-2

in 1971, OFCCP's emphasis shifted more heavily toward

the objective of consolidating on the widest possible

provisions. Although 60-2.1(b) enunciated the

"present-effects-of-past discrimination" definition and

established remedial relief as a contractual condition,

little attention was devoted to administering that

requirement until 1974.

By that time it became clear

that 60-2.1 (b) alone was not sufficient to bring about

affected class relief.

Therefore, in May 1974, the

workforce analysis provision was incorporated at

60-2.11(a) and related provisions of 41 CFR 60-60 were

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the Supreme Court which has never ruled on the matter)

that the Executive order can and does demand a higher

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be used by OFCCP in enforcing the Executive Order.

The

principles include procedural matters (e.g., theories

of burden of proof) as well as substantive matters

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between minorities and nonminorities and between males and females is largely the result of a historical

pattern of hiring and job assignment in which minori

ties and women were hired for and confined to those

functional work processes, organizational units,

1

Contractors Ass'n of Eastern Pa. v. Secretary of Labor, 442 F. 2nd 159 (3d Cir. 1971), Cert. denied 404

progression sequences, and specific jobs or occupations

which offer the least advantages in terms of pay,

training, and other forms of skill or career develop

ment, advancement potential, job security, and working

2 conditions. While affirmative action goals and time

tables can have a substantial impact in breaking up

this pattern of employment, they tend to benefit

primarily recent entrants to the workforce who are in

a better position to change employers or occupations.

They provide no relief to longer term employees who are

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2 Studies of income differentials by race have concluded that as much as 60 percent of black/white income gap is attributable solely to employment discrimination. Stanley H. Masters has concluded that 56 percent of the difference is attributable to employment discrimination and another 21 percent based on the interaction of discrimination and productivity, or as much as three quarters of the total. Stanley H. Masters, Black-White Income Differentials: Empirical Studies and Policy Implications, University of Wiscon

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