Page images
PDF
EPUB
[blocks in formation]

termining the necessity for and level of goals as well

as the time period by which they must be accomplished. This problem is a consequence of the lack of reason

ably precise data on the availability of minorities

and women for employment by job group or occupation.

The demographic study would permit OFCCP to develop avail

ability figures and percentages and establish benchmarks

by industry, job group, and standard metropolitan statis

tical area.

4.

Compliance Determinations and Settlements--
Remedying Discrimination

Objectivity in the processes for identifying, and

proving systemic discrimination and bringing about the

remedial rights and benefits to which minorities and

women are entitled would be achieved by codifying and

assuring adherence to standards of proof and remedy.

Thereafter each compliance review and investigation

would be designed to bring about the remedial rights and

benefits to which affected class members are entitled.

The obligation to identify and remedy systemic discrimi

the standards for identifying and remedying such dis

crimintion would be set forth in affirmative action pro

gram regulations, and the standards for investigating

and proving discrimination would be set forth in the com

pliance review and investigation regulations, and in

operating manual issuances.

The regulations and manual

issuances would be supplemented by rulings and interpre

tations and they would be revised as EEO case law further

[blocks in formation]

41 CFR 60-2.2(b) requires procuring officials to consid

er a contractor-bidder's ability to comply with the EEO

clause when making determinations concerning the contrac

tor-bidder's responsibility for an award, it is left en

tirely to the discretion of the EEO compliance official

or compliance agency to bring a show cause notice or

other evidence of nonresponsibility to the attention of

such procuring officials.

Thus, in instances in which

the Federal Government has full knowledge of a contrac

tor-bidder's inability to comply there is no assurance

that the contractor-bidder is not being awarded Govern

establish a notification system by which show cause no

tices and other evidence of inability to comply with the

EEO clause are routinely brought to the attention of pro

curing officials.

The second defect, is that once a contractor-bidder

is determined nonresponsible on the basis of inability

to comply with the EEO clause, it may request the direc

tor to determine, in his sole discretion, that the matter

raises substantial issues of law or fact to the extent

that a full evidentary type hearing is necessary prior to

[blocks in formation]

a manner as to hold compliance review officials account

able for adhering to those standards.

Further, full

time EEO legal talent would also be available within the

DOL field offices to assure that the case is legally

sufficient at the point at which the violation is

discovered.

Second, under current regulations, the sanction

proceedings conclude with a recommendation from the Ad

ministrative Law Judge to the agency head, the Director,

OFCCP, or the Secretary of Labor.

For reasons of greater

efficiency the Task Force has recommended that sanction

proceedings be held before a Contract Compliance Appeals

Board.

To eliminate the discretion of OFCCP and/or the

Secretary of Labor with respect to decisions following

those proceedings, the Task Force also recommends that

the decision of the Appeals Board constitute final agency

action.

PART V

INTERAGENCY AND PUBLIC

RELATIONSHIPS

« PreviousContinue »