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SUMMARY OF FINDINGS AND RECOMMENDATIONS
ADMINISTRATION OF THE FEDERAL CONTRACT
COMPLIANCE PROGRAM IN THE FEDERAL
Location within the Federal Establishment
Executive Order No. 11246, Section 402 of the Vietnam
Era Veterans' Readjustment Act and Section 503 of the Re
habilitation Act give the Department of Labor a unique
capability to bring about reasonably prompt and comprehen
sive solutions to the employment problems of minorities,
Vietnam era veterans, and handicapped persons.
That unique capability consists essentially of the De
partment's quasi-legislative authority to define the
national goal of equal employment opportunity through the
affirmative action and nondiscrimination clause in Federal contracts; the authority and flexibility to define the
scope and depth of mechanisms to determine compliance;
and the authority to invoke expeditious enforcement pro
ceedings; and the capability, through cooperative arrangements with the Labor Department's Employment and Training
Administration to closely coordinate the OFCCP's enforce
ment actions with ETA programs to train minorities and
women to fill newly opened jobs.
The fact that the
Department has yet to realize that full capability has
raised questions as to whether it has the commitment, will,
and independence to administer the program effectively and,
if not, whether its total EEO enforcement responsibility
should be reassigned to another agency.
record of performance under the Equal Pay Act tends to con
tradict any assertion that the agency institutionally lacks
the will, commitment, and independence to carry out a
strong EEO enforcement program.
Instead, the overriding
defect in the administration of the Federal Contract Compliance Program lies in its fragmented enforcement struc
ture, and the need to improve and strengthen its regulatory
Studies and surveys of the Equal Employment Oppor
tunity Commission also disclose fundamental defects in the
administration of Title VII of the Civil Rights Act of 1964,
Regardless of the location of OFCCP and EEOC,
both have basic deficiencies which prevent them from maxi
mizing efficiency in the total EEO effort and avoiding potential conflict, competition, duplication, and inconsist
which each of the two organizations realizes fully its in
In developing and executing those
reform measures each must work toward a system by which
the activities of one agency automatically complement, sup
port, and reinforce the efforts of the other.
the structure is so unwieldy as to defy the implementa
utilizing compliance and enforcement resources. Further, the original rationale for fragmenting the responsibility
for administration and implementation is no longer valid.
That rationale assumed that adequate funding would not be