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SUMMARY OF FINDINGS AND RECOMMENDATIONS

PART II

ADMINISTRATION OF THE FEDERAL CONTRACT

COMPLIANCE PROGRAM IN THE FEDERAL
SYSTEM AND WITHIN THE DEPARTMENT OF

LABOR--CHAPTERS 2-4

1.

Location within the Federal Establishment

Findings:

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.

The Department's

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

scheme.

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,

as amended.

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

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which each of the two organizations realizes fully its in

dividual capability.

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.

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the structure is so unwieldy as to defy the implementa

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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

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