(2) Initiating necessary remedial, job training and work-study programs. (3) Developing and implementing formal employee evaluation programs. (4) Being certain "man specifications" have been validated on job performance related criteria. (Minorities should not be required to posses higher qualifications than those of the lowest qualified incumbent.) (5) When apparently qualified minorities are passed over for upgrading, require supervisory personnel to submit written justification. (6) Establish formal career counseling programs to include attitude development, education aid, job rotation, buddy system, and similar programs. (7) Review seniority practices and seniority clauses in union contracts to insure such practices or clauses are nondiscriminatory and do not have a discriminatory effect. (g) Make certain facilities and company-sponsored social and recreation activities are desegregated. Actively encourage minority employees to participate. § 60-2.26 Internal audit and reporting systems. (a) The contractor should monitor records of referrals, placements, transfers, promotions and terminations at all levels to insure nondiscriminatory policy is carried out. (b) The contractor should require formal reports from unit managers on a schedule basis as to degree to which corporate or unit goals are attained and time tables met. (c) The contractor should review report results with all levels of management. (d) The contractor should advise top management of program effectiveness and submit recommendations to improve unsatisfactory performance. § 60-2.27 Support of action programs. (a) The contractor should appoint key members of management to serve on Merit Employment Councils, Community Relations Boards and similar organizations. (b) The contractor should encourage minority employees to actively participate in National Alliance of Businessmen programs for youth motivation. (c) The contractor should support Vocational Guidance Institutes, Vestibule Training Programs and similar activities. (d) The contractor should assist secondary schools and colleges with significant minority enrollment in programs designed to enable graduates of these institutions to compete in the open employment market on a more equitable basis. (e) The contractor should publicize achievements of minority employees in local and minority news media. (f) The contractor should support programs developed by the National Alliance of Businessmen, the Urban Coalition and similar organizations. § 60-2.30 Use of goals. SUBPART D-MISCELLANEOUS The purpose of a contractor's establishment and use of goal is to insure that he meet his affirmative action obligation. It is not intended and should not be used to discriminate against any applicant or employee because of race, color, religion, sex or national origin. § 60-2.31 Supersedure. This part is an amplification of and supersedes a previous "Order No. 4" from this Office dated November 20, 1969. Effective date. This part is effective January 30, 1970. GEORGE P. SCHULTZ, Secretary of Labor. JOHN L. WILKS, Federal Contract Compliance. [F.R. Doc. 70-1411; Filed, Feb. 4, 1970; 8:50 a.m.] DEPARTMENT OF TRANSPORTATION INTERIM PROCEDURES FOR COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS OF THE DEPARTMENT OF LABOR, SEE 41 C.F.R., CH. 60, PT. 60-1. Office of the Secretary EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS OF THE DEPARTMENT OF LABOR1 Applicability In compliance with the requirements of the regulations issued by the Secretary of Labor on May 21, 1968 (33 F.R. 7804), all contracts of the Department of Transportation, including all of its operating administrations, and all contracts made by recipients pursuant to Federal financial construction assistance of the Department of Transportation or its operating administrations, the solicitations, invitations for bids, or requests for proposals which were sent by the Department of Transportation, including any of its operating administrations, or its recipients of Federal financial construction assistance on or after July 1, 1968, and all negotiated contracts executed on or after July 1, 1968, shall be subject to such revised equal employment opportunity regulations issued by the Secretary of Labor as provided in § 60-1.47 of those regulations. Notwithstanding the foregoing, such regulations of the Secretary of Labor shall also be applicable to all such contracts executed on or after October 29, 1968. The Department of Transportation is developing the implementing regulations contemplated by the regulations of the Secretary of Labor, cited above, that will apply to the specific programs of the Department. Issued in Washington, D.C., on June 27, 1968. JOHN E. ROBSON, Acting Secretary of Transportation. [F.R. Doc. 68–7888; Filed, June 28, 1968; 11:22 a.m.] ESTABLISHMENT OF OFFICE OF FEDERAL CONTRACT COMPLIANCE DEPARTMENT OF LABOR 2 Office of the Sectetary OFFICE OF FEDERAL CONTRACT COMPLIANCE (EEO) 1. Purpose. To establish the Office of Federal Contract Compliance (EEO) in the Department of Labor and to delegate authority for the discharge of responsibilities assigned to the Secretary of Labor under Executive Order 11246. 2. Authority and Directives Affected. a. This Order is issued pursuant to the Act of March 4, 1913 (37 Stat. 736; 5 U.S.C. 611), Reorganization Plan No. 6 of 1950 (15 F.R. 3174; 64 Stat. 1263, 5 U.S.C. 611, Note) and Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity. b. All orders, instructions, and memoranda of the Secretary of Labor or other officials of the Department of Labor are superseded to the extent that they are inconsistent herewith. 3. Background. Pursuant to Executive Order 10925 as amended by Executive Order 11114 the President's Committee on Equal Employment Opportunity carried out activities to achieve nondiscrimination in employment within the executive branch of the Government and by Government contractors. Executive Order 11246 superseded those Executive Orders and abolished the President's Committee on Equal Employment Opportunity. Under provisions of Executive Order 11246 the Civil Service Commission has been assigned responsibility for supervising and providing leadership in the conduct of equal opportunity programs within the executive departments and agencies. 133 F.R. 9561, June 29, 1968. 231 F.R., 6921, May 11, 1966. The Secretary of Labor under Executive Order 11246 is responsible for achieving nondiscrimination in employment by Government contractors and subcontractors and by construction contractors in Federally assisted construction contracts. 4. Establishment of the Office of Federal Contract Compliance (EEO). There is hereby established in the Department of Labor an Office of Federal Contract Compliance (EEO) which shall be headed by a Director appointed by the Secretary of Labor. 5. Delegation of Authority and Assignment of Responsibilities. Under the general direction of the Secretary of Labor the Director of the Office of Federal Contract Compliance (EEO) is hereby delegated authority and assigned responsibility for: a. Carrying out the responsibilities assigned to the Secretary of Labor by Executive Order 11246, except issuing rules and regulations of a general nature. b. Developing and recommending to the Secretary rules and regulations necessary and appropriate to achieve the purposes of Executive Order 11246. c. Coordinating with the Equal Employment Opportunity Commission and the Department of Justice on matters relating to Title VII of the Civil Rights Act of 1964 and maintaining liaison with other agencies having civil rights and equal employment opportunity activities. d. Providing regular reports to the Secretary of Labor concerning the activities of the Office and problems requiring the Secretary's attention. 6. Effective date. This order is effective immediately. Signed at Washington, D.C., this 5th day of October 1965. W. WILLARD WIRTZ, [F.R. Doc. 66-5105; Filed, May 10, 1966; 8:46 a.m.] DELEGATION OF AUTHORITY RELATING TO EQUAL EMPLOYMENT OPPORTUNITY UNDER E.O. 11246, DEPARTMENT OF LABOR, SECRETARY'S ORDER 15-68 [Secretary's Order No. 15-68] DIRECTOR, OFFICE OF FEDERAL CONTRACT COMPLIANCE (EEO)1 Delegation of Authority 1. Purpose. To delegate authority for the discharge of responsibilities assigned to the Secretary of Labor under Parts II, III and IV of Executive Order 11246 (30 F.R. 12319), as amended by Executive Order 11375 (32 F.R. 14303). 2. Background. The Secretary of Labor under Executive Order 11246 has been responsible for achieving equal opportunity in employment by Federal contractors and subcontractors and by construction contractors on federally assisted construction contracts regardless of race, creed, color or national origin. Executive Order 11375 amended that Order by adding a provision that prohibits discrimination in these employment areas on the basis of sex. Beginning in October 1968, as provided for in Executive Order 11375, the Department of Labor will be authorized to carry out the same activities with respect to sex discrimination as it has heretofore with respect to all other forms of discrimination covered by Executive Order 11246. 3. The Office of Federal Contract Compliance (EEO). There is in the Department of Labor an Office of Federal Contract Compliance (EEO) headed by a Director who shall report to the Secretary of Labor. 4. Delegation of authority and assignment of responsibilities. Under the general direction of the Secretary of Labor, the Director of the Office of Federal Contract Compliance (EEO) is hereby delegated authority and assigned responsibility for: (a) Carrying out the responsibilities assigned to the Secretary of Labor in Parts II, III, and IV of Executive Order 11246, as amended by Executive Order 11375, except issuing rules and regulations of a general nature. 133 F.R. 12600-12601, Sept. 5. 1968. (b) Developing and recommending to the Secretary rules and regulations necessary or appropriate to achieve the purposes of Executive Order 11246, as amended by Executive Order 11375. (c) Coordinating with the Equal Employment Opportunity Commission and the Department of Justice on matters relating to Title VII of the Civil Rights Act of 1964 and maintaining liaison with other agencies having civil rights and equal employment opportunity activities. (d) Providing regular reports to the Secretary of Labor concerning the activities of the Office and problems requiring the Secretary's attention. 5. Directives affected. This order cancels Secretary's Order No. 26-65. 6. Effective date. This order is effective immediately. Signed at Washington, D.C., this 8th day of August 1968. WILLARD WIRTZ, [F.R. Doc. 68-10726; Filed, Sept. 4, 1968; 8:51 a.m.] CIVIL RIGHTS TITLE 42, UNITED STATES CODE, "THE PUBLIC HEALTH AND WELFARE”, CH. 21, SUBCHAPTER V (CIVIL RIGHTS ACT OF 1964, PUBLIC LAW 88-352, TITLE VI, JULY 2, 1964, 78 STAT. 241) Sec. SUBCHAPTER V.-FEDERALLY ASSISTED PROGRAMS 2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under Federally assisted programs on ground of race, color, or national origin. 2000d-1. Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action. 2000d-2. Judicial review; Administrative Procedure Act. 2000d-3. Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment. 2000d-4. Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty. 2000d-5. Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act. Chapter 21.-CIVIL RIGHTS SUBCHAPTER V.-FEDERALLY ASSISTED PROGRAMS $2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under Federally assisted programs on ground of race, color, or national origin. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (Pub. L. 88-352, title VI, § 601, July 2, 1964, 78 Stat. 252.) § 2000d-1. Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to congressional committees; effective date of administrative action. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 2000d of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. (Pub. L. 88–352, title VI, § 602, July 2, 1964, 78 Stat. 252.) § 2000d-2. Judicial review; Administrative Procedure Act. Any department or agency action taken pursuant to section 2000d-1 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with an requirement imposed pursuant to section 2000d-1 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 1009 of Title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section. (Pub. L. 88-352, title VI, § 603, July 2, 1964, 78 Stat. 253.) § 2000d-3. Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment. Nothing contained in this subchapter shall be construed to authorize action under this subchapter by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment. (Pub. L. 88–352, title VI, § 604, July 2, 1964, 78 Stat. 253.) § 2000d-4. Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty. Nothing in this subchapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. (Pub. L. 88-352, title VI, § 605, July 2, 1964, 78 Stat. 253.) § 2000d-5. Prohibited deferral of action on applications by local educational agencies seeking federal funds for alleged noncompliance with Civil Rights Act. The Commissioner of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965, by the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), or by the Cooperative Research Act, on the basis of alleged noncompliance with the provisions of this subchapter for more than sixty days after notice is given to such local agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 2000d-1 of this title, such hearing to be held within sixty days of such notice, |