The CO will use the SCER Part C to record potential discrimination issues that the CO identified and reviewed on-site. The CO will also use the SCER worksheets to specify:
- Whether a particular issue or problem needs analysis as an individual case or a systemic case; and
- Whether the particular issue or problem requires a disparate treatment analysis, a disparate impact analysis, or both.
After concluding the on-site review, the CO must complete any required analyses of the data and other information that was gathered. The CO must investigate problem areas and issues until the case file contains sufficient evidence to establish whether discrimination did or did not occur. The case file should retain all evidence the CO obtained and documents the CO created, including any evidence that does not support the CO’s conclusions.
After completing the compliance evaluation, including all on-site and off-site analyses of the information obtained during the on-site review and recorded in the SCER Part C, the CO must compile a summary of findings to include in the Case Summary and Recommendations section of the SCER. This summary includes the findings of the case, the bases for the findings, and the CO’s recommendations. The summary of findings should also include the:
- Name and description of the facility;
- Problem area(s) identified, if applicable;
- Description of the selection or other process or practice examined (e.g., for a hiring case, the steps in the application process);
- Results of any analyses conducted such as IRAs, comparative (cohort) analysis, and regression analysis;
- Summary of any interviews conducted;
- Relevant anecdotal evidence obtained;
- Description of any violations and their bases;
- Recommended corrective actions, where the CO has identified violations; and
- Recommended next steps.
The summary should logically lead to the CO’s conclusion about whether or not a violation occurred. The CO submits the completed SCER to his or her supervisor for approval.
Depending upon the circumstances of a particular case, it may be a good practice to conduct a follow-up meeting or teleconference with the contractor. Below is an example of why this is a good practice.
- The CO held an exit conference with the contractor at the conclusion of the on-site review. However, following off-site analysis, the CO found additional issues that need to be discussed with the contractor. More specifically, at the conclusion of the on-site, the CO told the contractor that it would be cited for failing to track the race, ethnicity, and sex of job applicants passing through various phases of the selection process. However, during off-site analysis, it became clear to the CO that the contractor also discriminated in its termination activity.
After advising the contractor of its compliance evaluation findings, the CO must provide formal notification through a PDN when there are preliminary indicators of discrimination. COs use certified mail, return receipt requested, to provide this notice to the contractor. If requested by the contractor, a courtesy copy is sent by email or facsimile. We discuss the various forms of notice in more detail in Chapter 8, Resolution of Noncompliance.
If, prior to the issuance of the notice of compliance, the contractor provides new evidence, the CO must conduct any necessary investigation and analyses to determine if the new evidence changes any of the initial findings and to ensure that the final findings are fully supported. A basic part of any additional investigation is verifying the credibility of the new evidence.