(a) Complaints. OFCCP may refer appropriate complaints to the Equal
Employment Opportunity Commission (EEOC) for processing under Title VII
of the Civil Rights Act of 1964, as amended, rather than processing
under E.O. 11246 and the regulations in this chapter. Upon referring
complaints to the EEOC, OFCCP shall promptly notify complainant(s) and
the contractor of such referral.
(b) Complaint investigations. In conducting complaint
investigations, OFCCP shall, as a minimum, conduct a thorough evaluation
of the allegations of the complaint and shall be responsible for
developing a complete case record. The case record should contain the
name, address, and telephone number of each person interviewed, the
interview statements, copies, transcripts, or summaries (where
appropriate) of pertinent documents, a reference to at least one covered
contract, and a narrative report of the investigation with references to
exhibits and other evidence which relate to the alleged violations.
(c)(1) [Reserved]
(2) If any complaint investigation or compliance review indicates a
violation of the equal opportunity clause, the matter should be resolved
by informal means whenever possible. Such informal means may include the
holding of a compliance conference.
(3) Where any complaint investigation or compliance review indicates
a violation of the equal opportunity clause and the matter has not been
resolved by informal means, the Deputy Assistant Secretary shall proceed
in accordance with Sec. 60-1.26.
(4) When a prime contractor or subcontractor, without a hearing,
shall have complied with the recommendations or orders of the Deputy
Assistant Secretary and believes such recommendations or orders to be
erroneous, he shall, upon filing a request therefor within ten days of
such compliance, be afforded an opportunity for
a hearing and review of the alleged erroneous action.
(5) For reasonable cause shown, the Deputy Assistant Secretary may
reconsider or cause to be reconsidered any matter on his/her own motion
or pursuant to a request.
(d) Reports to the Deputy Assistant Secretary. (1) With the
exception of complaints which have been referred to EEOC, within 60 days
from receipt of a complaint or within such additional time as may be
allowed by the Deputy Assistant Secretary for good cause shown, the
complaint shall be processed and the case record developed containing
the following information:
(i) Name and address of the complainant;
(ii) Brief summary of findings, including a statement regarding the
contractor's compliance or noncompliance with the requirements of the
equal opportunity clause;
(iii) A statement of the disposition of the case, including any
corrective action taken and any sanctions or penalties imposed or,
whenever appropriate, the recommended corrective action and sanctions or
penalties.
(2) A written report of every preaward compliance review required by
this regulation or otherwise required by the Deputy Assistant Secretary,
shall be developed and maintained.
(3) A written report of every other compliance review or any other
matter processed involving an apparent violation of the equal
opportunity clause shall be made. Such report shall contain a brief
summary of the findings, including a statement of conclusions regarding
the contractor's compliance or noncompliance with the requirements of
the order, and a statement of the disposition of the case, including any
corrective action taken or recommended and any sanctions or penalties
imposed or recommended.
[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]
