NCJ Number
58983
Journal
Labor Law Journal Volume: 28 Issue: 10 Dated: (OCTOBER 1977) Pages: 632-640
Date Published
1977
Length
9 pages
Annotation
STEPS IN A COMPLIANCE REVIEW CONDUCTED BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE (OFCC) AND MEASURES EMPLOYERS CAN TAKE TO CONFORM TO THE PROCEDURAL REQUIREMENTS ARE DETAILED.
Abstract
FEDERAL CONTRACTING AGENCIES ARE REQUIRED TO CONDUCT VARIOUS TYPES OF COMPLIANCE REVIEWS TO DETERMINE IF GOVERNMENT CONTRACTORS AND SUBCONTRACTORS ARE NONDISCRIMINATORY IN THEIR HIRING AND EMPLOYMENT PRACTICES AND POLICIES. THE POWER OF ENFORCEMENT UNDER EXECUTIVE ORDER 11246 IS A GOVERNMENT AGENCY'S AUTHORITY TO REVOKE A CONTRACT OR DENY GOVERNMENT BUSINESS FOR FUTURE CONTRACTS. VARIOUS TYPES OF REVIEWS CONDUCTED BY CONTRACT COMPLIANCE AGENCIES ARE DISCUSSED: REGULAR PERIODIC COMPLIANCE REVIEWS, PREAWARD REVIEWS, FOLLOWUP REVIEWS, OR A CORPORATEWIDE REVIEW. COMPLIANCE REVIEW PROCEDURES ARE THEN DETAILED. THIS REVIEW BEGINS WITH A COMMUNITY SURVEY, THEN A VISIT TO THE JOBSITE, AND A DISCUSSION OF THE CONTRACTOR'S EQUAL EMPLOYMENT OPPORTUNITY POSTURE AND RECENT AFFIRMATIVE ACTION EFFORTS. A COMPLIANCE OFFICER IS ALSO EXPECTED TO DO A TOTAL ANALYSIS OF THE ENTIRE WORK FORCE AND IDENTIFY THE COMPLIANCE PROBLEMS FOUND. WHEN A DEFICIENCY IS FOUND, THE COMPLIANCE OFFICER HAS AN OBLIGATION TO ATTEMPT TO RESOLVE IT WITHIN THE FRAMEWORK OF FEDERAL CONTRACT REQUIREMENTS WITH THE CONTRACTORS. IF THIS FAILS, AND THE CONTRACTOR IS FOUND TO BE DISCRIMINATING, THE AGENCY CAN PROCEED TO A HEARING IF OFCC AGREES. A CONTRACTOR CAN OBTAIN OFCC APPROVAL OF CHANGES PROPOSED IN COLLECTIVE BARGAINING AGREEMENTS TO ASSURE THAT EEO REQUIREMENTS ARE BEING MET. THE CONTRACTOR ALSO HAS THE RIGHT TO REQUEST A HEARING BEFORE PENALTIES ARE IMPOSED. HOWEVER, OFCC DOES NOT GO TO HEARING WITHOUT FIRST MAKING A VIGOROUS ATTEMPT AT CONCILIATION. THIS REPORT LISTS THE TYPES OF QUESTIONS EMPLOYERS ARE LIKELY TO BE ASKED DURING A COMPLIANCE REVIEW, STRATEGY THE EMPLOYER CAN USE DURING THE REVIEW TO DILUTE THE STRINGENCY OF COMPLIANCE REQUIREMENTS; AND REMEDIAL ACTIONS THAT CAN BE TAKEN TO MEET EEO OR OFCC REQUIREMENTS. COMPANIES SHOULD INTEGRATE THE INFORMATION THEY POSSESS ABOUT EMPLOYEES' QUALIFICIATIONS BEFORE THE COMPLIANCE REVIEW THROUGH A 'CAREER LADDER' APPROACH OR A COMPUTER-BASED SKILLS INVENTORY.