Oversight Hearing on the OFCCP's National Self-monitoring and Reporting System: Hearing Before the Subcommittee on Employment Opportunities of the Committee on Education and Labor, House of Representatives, Ninety-eighth Congress, Second Session, Hearing Held in Washington, DC, on June 27, 1984, Volume 4

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Page 89 - CFR § 1607. 4D, which states in relevant part that "[a] selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact.
Page 134 - affected class" problem must be remedied in order for a contractor to be considered in compliance. Section 60-2.2 herein pertaining to an acceptable affirmative action program is also applicable to the failure to remedy discrimination against members of an "affected class.
Page 46 - It requires those companies to take affirmative action to ensure that applicants and employees are treated without regard to race, color, religion, sex or national origin. Section 503 of the Rehabilitation Act and the affirmative action provisions of the Vietnam Era Veterans...
Page 134 - Compliance reviews. (a) The purpose of a compliance review is to determine if the prime contractor or subcontractor maintains nondiscriminatory hiring and employment practices and is taking affirmative action to ensure that applicants are employed and that employees are placed, trained, upgraded, promoted, and otherwise treated during employment without regard to race, color, religion, sex, or national origin.
Page 134 - Relief, including back pay where appropriate, for members of an affected class who by virtue of past discrimination continue to suffer the present effects of that discrimination, shall be provided in the conciliation agreement entered into pursuant to § 60-60.6 of this title. An "affected class" problem must be remedied in order for a contractor to be considered in compliance.
Page 21 - Labor such information and assistance as he may require in the performance of his functions under this Order. They are further directed to appoint or designate, from among the agency's personnel, compliance officers. It shall be the duty of such officers to seek compliance with the objectives of this Order by conference, conciliation, mediation, or persuasion.
Page 134 - Director, agencies shall not enter into contracts or approve the entry into contracts or subcontracts with any bidder, prospective prime contractor, or proposed subcontractor named by the Director until a preaward compliance review has been conducted...
Page 134 - one or more employees, former employees, or applicants who have been denied employment opportunities or benefits because of discriminatory practices and/or policies by the contractor, its employees, or agents. Evidence of the existence of an affected class requires: (1) identification of the discriminatory practices; (2) identification of the effects of discrimination; and (3) identification of those suffering from the effects of discrimination.
Page 107 - ... forecloses an individual's right to sue or divests federal courts of jurisdiction. In addition, legislative enactments in this area have long evinced a general intent to accord parallel or overlapping remedies against discrimination. In the Civil Rights Act of 1964, 42 USC §2000a et seq., Congress indicated that it considered the policy against discrimination to be of the "highest priority.

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