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~5~~O35O56
OVERSIGHT BEARINGS ON' FEDEKA~ ENFORCEMENT
OF EQUAL EMPLOYMENT OPPORtUNITY LAWS
- ~
LJ~~ ~
OVERSIGHT HEA~INGS
~3ErOItE THE
SUBCOMMITTEE ON EQUAL OP?ORTTJINITIES
OF THE
COMMITTEE ON EDUCATI0N~ AND LABOR,
hOUSE OF REPRESENItATI YES
NINETY-FOIJRTH CONG~ESS
FIRST SESSION
HEARINGS hELD IN WASJIINGT~N, D.C.,
SEPTEMBER 22, 25, 30, 197~
PART2
Printed for the use of the Committee on Educ4tioli ~nd Labor
CARL D. Pimx~iNs, ChaArman
RUTGERS ,t~ SCH0Otm U~R*
CA~~N, N. ~i. 08102
GOV~MENT )OCUMENT
~7t~fi~~/i
U.S. GOVERNMENT PRINTING' OF] ICE
60-197 / WASHINGTON; 1975
~ 7// r/fri >-` O ~ 855 /~`
~ ~,` `..,,
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COMMITTEE ON EDUCATION AND LABOR
CARL P. PERKINS, Kentucky, Chairman
FRANK THOMPSON, JR., New Jersey
JOHN H. DENT, Pennsylvania
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
JAMES G. O'HARA, Michigan
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PATSY T. MINK, Hawaii (on leave)
LLOYD MEEDS, Washington
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
SHIRLEY CHISHOLM, New York
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
WILLIAM LEHMAN, Florida
JAIME BENIPEZ, Puerto Rico
MICHAEL BLOUIN, Iowa
ROBERT CORNELL, Wisconsin
TED RISENHOOV'ER, Oklahoma
PAUL SIMON, Illinois
EDWARD BEARD, Rhode Island
LEO ZEFERETTI, New York
GEORGE MILLER, California
RONALD MOPTL, Ohio
TIM HALL, Illinois
ALBERT H. QUIE, Minnesota
JOHN M. ASHBROOK, Ohio
ALPHONZO BELL, California
JOHN N. ERLENBORN, Illinois
MARVIN L. ESCH, Michigan
EDWIN D. ESHLEMAN, Pennsylvania
PETER A. PEYSER, New York
RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
JAMES M. JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvania
VIRGINIA SMITH, Nebi~aska
SPBCOMMITTIIE ON EQUAL OPPoRTUNrrIE$
AUGUSTUS F. HAWKINS, California, Chairman
JOHN BUCHANAN, Alabama
ALBERT H. QUIE, Minnesota, Lx Officio
WILLIAM "BILL" CLAY, Missouri
JAIME BENIPEZ, Puerto Rico
PATSY T. MINK, Hawaii (on leave)
CARL D. PERKINS, Kentucky, Ex Officio
(II)
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CONTENTS
Hearings held in Washington, D.C.: Page
September 22, 1975 1
September 25, 1975 49
September 30, 1975 81
Statement of:
Flemming, Arthur S., chairman, U.S. Commission o$ Civil Rights___ 49
Hicks, Hon. Floyd V., a Representative in Congre~s, from the State
of Washington 72
Mathews, flon. David, Secretary, Department of 1~Eealth, Education,
and Welfare 82
Myers, Hon. Gary A., a Representative in the Congr~ss from the State
of Pennsylvania ~---~ 38
Perry, Hon. Lowell, chairman, Equal Opportunity C~mmission, accom-
panied by Abner Sibal, general counsel, Edgar Morgan, director,
Office of Congressional Affairs, Bob Mathis, exect~tive director 2
Prepared statemonth, letters, supplement materials, etc.:
Buggs, John W., staff director, U.S. Commission on Civil Rights,
Washington, D.C., letter to Chairman Hawkir4s, 4ated November 6,
1975 77
Cree~h, Herbert C., Director, Special Staff for E~ual Opportunity,
Department of Health, ~Education, and Welfare~ Baltimore, Md.,
letter to Nathan Richardson 100
Kiely, Owen P., Department of Health, Education, a~nd Welfare, Office
of the Secretary, memorandum to Susan Graysc~n, dated July 24,
1975 102
Mathews, David, Secretary, the Secretary of Health, Education, and
Welfare, Washington, D.C., letter to Chairman Hawkins, dated
November 7, 1975 103
Myers, Hon. Gary A., a Representative in Congress from the State of
Pennsylvania, prepared statement of 36
Perry, Lowell W., chairman, Equal Employment Opportunity Commis-
sion:
Letter to Chairman Hawkins, dated September ~0, 1975 ii
Letter to Chairman Hawkins, dated November ~0, 1975 44
Prepared statement of 2
SSA. Breakdown-Headquarters (table) 26
"Requested Affirmative Action Plans," submitted b~ William H. van
den Toorn, Executive Assistant to the Director4, Office for Civil
Rights, Department of Health, Education, and *elfare, Washing-
ton, D.C., July 2, 1975. 4 99
(III)
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t
OVERSIGHT hEARINGS ON ~FEDEIIAI~ ENFORCEMENT
OF EQtTAL EMPLOYMENT OPPORflJNITY LAWS
Part 2
MONDA~, SEPTEMBER 22, i9fr~
HousE or REPRESENTA~TIVES,
* SUBCOMMITTEE O~ EQUAL OZ?OX~TUNI*[ES OF TUE
CoMMITTEE ON EDUCATION AND LABOR,
Wa$hinØon, D.C.
The subcommittee met, pursuant to notice, at 9:45 a.m., in room
22~1, Rayburn House Office Building, the Ho~riorable' Augustus F.
Hawkins, chairman, presiding.
Members present: Reprosentatives Hawkins, Buchanan, and
l3enitez,
Staff members present: Susan Grayson, staff director; Carole Schan-
zer, clerk; and Richard Mosse, assistant minori1~y counsel.
* Mr. HAWKINS. The Subcommittee on Equal Qpportunities is called
to order.
Mr. Perry, we are glad to have you ,here tirts morning. This is a
continuation of the Subcommittee on Equal Op~ortunities' Oversight
Review of Federal Enforcement of Equal Emp~oyment Opportunity
Laws. I have an opening statement which I will knot read but, withOut
objection, will enter it in the record.
[The statement referred to follows:]
OPENING STATEMENT
This morning's hearing is a continuation of, the Subcommittee on Equal
Opportunities' oversight review of federal enforceme~nt of equal employment
opportunity laws. `~
We are pleased `to have with us today the honorablel Lowell Perry, Chairman
of the Equal Emptoyment Opportunity Commission. ILVEr. Perry brings to the
EEOC his years of experience in management in prifate industry, experience
which is sorely needed at the Commission and which wifl be tested in the months
ahead as he seeks to bring the Commission's backlog of discrimination charges
into line.
Last September the Subcommittee held hearings `on the Commission's backlog
problem. At that time, then Chairman Powell outline several steps which he
intended to take to reduce the accumulation of char es. Yet the backlog con~
tirmes to grow to an estimated level of 106,000 charges
It is Important to keep In mind that reducjng the acklog of charges is not
the purpose of the Equal ~Iinployment Opportnnity Ooi Inissioti. Its purpose is to
end employment discrimination. Whether It has been effective in its efforts to
achieve this goal, and what steps might be taken, I eluding consolidation of
the total f~dera1 enforcement effort, to reach this obj ctlve, are the subjects, of
this morning's bearings.
I welcome Mr. Lowell Perry In his first appearance )efore the Subcommittee,
and assure him that we will do everything we can to tssist him in his difficult
tas~.
(I)
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Ø~Si~ ~ Messrs.. Buchananj and Benitez, ~do have copies
~ol~e~pared statements, and the ijecord ~*1~il oertaiñ'Lybe available
to the other members as well. We do 4xpect wider attendance later so
~in order to conserve time perhaps you should proceed. Let me ask you
to identify your associates at the table with you.
STATEMENT OP EON. LOWELL W. PERRY, CHAIRMAN, EQUAL
OPPORTUNITY COMMISSION; ACCOMPANIED BY ABNER W.
`SIBAL, GENERAL COUNSEL, EDGAR MORGAN, DIRECTOR, OFFICE
OP CONGRESSIONAL AFFAIRS, AND BOB MATHIS, EXECUTIVE
DIRECTOR
Mr. PERRY. To my left is Mr. Bob Mathis, Executive Director, to
my right immediately here is Mr. Abner Sibal, General Counsel, and
to his right, Mr. Ed Morgan, Director of our Office of Congressional
Affairs.
Mr. HAWKINS. We welcome all the witnesses this morning. You may
proceed.
Mr. Pi~mnr. 1 would like to read a brief statement. As you indicated,
you have my formal statement, which has been distributed and will be
a `part of the record. In addition, the Commission's General Counsel
will make a brief statement.
Mr. hAWKINS. Without objection the formal statement will be in-
serted in the record at this point.
[The statement of Mr. Perry follows:] /
PREPARED STATEMENT OF LOWELL W. PERRY, CHAIRMAN, EQUAL EMPLOYMENT
OPPORTUNITY CoMMIssIoN
Good, morning, Chairman Hawkins, Members of the. Committee, ladies and
gentlemen. I am indeed pleased to appear before you this morning to discuss
the work of the Fiqual Employment Opportunity Commission and my percep-
tion of *the agency's accomplishments and shortcomings based on my four
months' experience as Chairman.
I would like to take this opportunity to convey to you what a plea sure it has
been for me to work with the other Members of the Commission, and how helpful
they have been to me during these past few months. Their participation in the
Commission's work has been expanded since I assumed the position of Chairman
on May 27, 1975. I have encouraged the free flow of information and have
sought to include the other Members in Commission activities. While the ad-
ministration of this agency is the responsibility of its Chairman, from the
beginning I solicited the advice of the other Commissioners and have either dis-
cussed in advance or provided prior notification of my decisions in administra-.
tive matters. Commission meetings are now held every Tuesday at 9:80 a.m~,
and an agenda is provided in advance to each Member to afford an opportunity
to make additions or alterations before it is finalized. All policy issues are now
fully discussed and the question as to what constitutes policy has been amicably
resolved.
The first issue I should like to address is that posed in your letter of August 14
to me announcing this hearing, wherein you asked me to discuss what this Com-
mission has done to secure the rights of persons who have filed charges, and to
indicate what we have done to eliminate employment discrimination against
the individuals protected by Title VII of the Civil Rights Act, as amended.
Later in my `sta~ethent I will deal' with the improvements in our charge process-
ing mechanism, which indicate a substantial increase in the number of charges
processed. I am proud of the increased productivity of this agency and have
committed myself to similar future increases. Much more important, however,
than the number of charges processed is what we have done to deal with the
mandate of Title VII, which is not to process charges but, rather, to eliminate
employment discrimination.
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It is difficult on a nationwide basis to come up witjh a precise, accurate sta-
tistical measure of how much employment discrirnina~ion has been eliminated.
liowever, I think it is important to discuss the legal framework within which
I examined the statistics available, which were developed through our equal
employment reporting system, established pursuant t~ the Congressional man-
date contained in Section 709.
In determining whether our enforceixient of Title ~II has had an impact, I
turn to the court cases that determine what statistical ~nformation is relevant to
a determination of whether discrimination exists. (see Pettway V. American
Cast Iron Pipe Co., 494 F.2d 211 1974). In the case bf Griggs v. Duke Power
Company, Chief Justice Warren Burger wrote: "If an employment practice
which operates to exclude Negroes cannot be shown Ito be related to job per-
formance, the practice is prohibited." (Emphasis added~
The Gi'iggs case embodies the proposition that the Uiitial step for the govern-
ment in determining whether discrimination exists is a statistical examination
of the employer's workforce; if the statistics show that an employment practice
or system "operates to exclude," then the burden shifts to the employer or
labor union to prove that the exclusion of groups protected by Title VII is
iiot the result of discriminatory employment practices.! If the practice or system
in question cannot be shown to be business necessity, then the practice is
prohibited.
With this legal framework lii mind I examined the statistics from `our EDOC
reporting system comparing the years 1~66 and 19'ãi4 (See appendix). I am
pleased to report to this Committee that these statistics show there is sub-
stantial evidence that minorities and women are n4 longer excluded to the
same extent that they were when the statute was enlacted, Between 1906 and
1974 minority participation in private employment h~is risen from 2.9 million
(11.4 percent) to 5.2 million (16.5 percent) and has significantly risen in the
top five occupatioi~ial categories : officials and managers, professionals, techni~
cians, sales workers, and craft workers. Although minorities are still under-
represented in these occupations,. these gains are impressive.
Blacks, for example, who comprise 11 percent of the workforce, have risen
from less than 1 percent of the officials and unanagets to nearly 3 percent in
1974. Black participation in the professional occupa$ions has increased from
1.3 to 3.1 percent in this period. Despite this progress, there remains much room
for improvement. Among the top five occupational groups, the highest~ black
participation rate is in the technicians category, at 7.3Ipercent, This is markedly
below the total black participation rate of 11 percent.
Spanish Surnamed Americans (SSA), who are 4.3 percent of the workforce,
have also increased their participation in private em4~loyment during `the nine
years of EEOC . data collection. However, the only tpp occupational category
in which they approach representation equivalent to their overall participation
rate is that of craft workers, where they comprise 1 3.7 percent of all craft
workers. This minority group holds only 1.5 percent of the managerial and
professional positions and less than 3 percent of all technician and sales worker
jobs.
The other two minority groups for which EEOC colle~ts employment statistics,
Asian Americans and Native Americans, have also increased their participation
in private employment and in the top occupations,. ~hese increases, however,
have not been as dramatic as that of the two largest minority groups; the
relatively small number o~ Asian Americans and Native Americans makes it
more difficult to analyze their progress Asian Americain participation in profes-
sional and technician occupations is very good, but t4iey are underrepresented
in managerial and sales jobs. Native Americans, on t~ie other baud, who have
an overall participation rate of .4 perc~nt, are fully represented only in craft
occupations among the five leading job categories, wh'~re they are. .4 percent of
all workers.
Women increased their proportion of total prlvatej employment during this
period. However, women who work full time still earin only 60 percent of the
salaries earned by men, even when they are matcbedj by type of employment,
education, training, and age. The majority of wOmen ~`orkers, some 67 percent,
are employed in traditionally "female" occupations and jwitbin these occupational
categories are concentrated in the lower-level, lower-pay~ii~ jobs. Although' female
participation in managerial and professional occiipatiotis has increased over the
nine year period, women are still underrepresented iti these categories' which
have been defined as "male" preserves, with only 13 Ipercent and 28.8 percent
respectively of these jobs. In the public employment s~ctor, which came within
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this agency's jurisdiction in 1972, women and minorities are in general repre-
sented in the same proportion they are found in the work force. However, as in
private employment, they are concentrated in the lower-level and lower-paying
jobs.
It is obvious that there have been major changes in employment patterns of
minorities and women from 1966 to 1974. Many of these changes would not have
occurred without Title VII and, the compliance, litigative, and educational
activities of the Equal Employment Opportunity Commission. It is equally ap-
parent that although progress has been made in reducing job discrimination,
it has not yet been eliminated. Thus, much remains for us to accomplish,
While our early efforts were aimed at resolving primarily individual charges
of employment discrimination, recently we have been concentrating more of our
resources on resolving systemic discrimination, due to the realization that even
if we were able to successfully resolve all of the more than 280,000 individual
charges filed with us over the past 10 years, systemic employment practices hav-
ing a disparate impact on one or more of the group protected by Title VII would
remain.
Our approach to tills problem is now twofold: to continue to process individual
charges of discrimination, as well as to step up our efforts in addressing
the problems of systemic discrimination. The fiscal year just completed,
FY 1975, bears witness to this: The Commission successfully conciliated nearly
7,000 charges, benefitted over 52,000 persons and achieved an estimated $111
million in settlement benefits for aggrieved individuals. lit addition, 38 Commis-
sioners charges alleging pattern or practice discrimination under Section 707 of
the Act have been filed. Almost all of these Commissioners charges cover employ-
ers or unions with over 1,000 employees or members and many cover major
employers with multiple facilities and a work force of as many as 50,000 or more
employees. If the Commission successfully concludes these charges, thousands
of employees will be benefitted, and hundreds of employers and unions will
recognize that it is to their economic advantage to review their employment
practices and take whatever steps necessary tO ensure that no Title VII rights
are being violated.
Title VII rights for employees are also secured through litigation where
voluntary compliance proves unsuccessful. Section 705(b) (1) of Title VII vests
the Commission's General Counsel with the authority to conduct litigation in
EEOC's name. The Commission is the only Federal agency with authority to
initiate Title VII litigation against private employers.
The Office of General Counsel derives the greatest portion of its enforcement
caseload from the administrative case files. prepared by District Office compliance
personnel. These case files, in which attempts by the District Office to conciliate
the charges were unsuccessful, are forwarded by District DirectOrs to one of the
five Regional Litigation Centers so that General Counsel attorneys can review
files to determine which ones justify a recommendation of litigation by the Gen-
eral Counsel to the Commission. During Fiscal Year 1975, the General Counsel's
office reviewed over 2,100 case files for possible litigation, and the Commission
authorized suit in 309 cases. During the same year, the Commission filed 220
lawsuits and settled 90 by consent decrees, which provided benefits to almost
24,000 mInority and female workers, inéluding more than $5.3 million in backpay.
From Fiscal Years 1972 through 1975, the Commission filed a total of 464 law-.
suits 308 of these lawsuits were based on charges of race and color discrimina-
tion, 241 involved sex discrimination, 31 invOlved charges of national origin
discrimination, and 16 were based on charges of religious discrimination. At
present the Office of General Counsel is participating in 776 lawsuits.
The Commission has been diligent in its efforts to enforce those sections of
Title VII designed `to preserve the integrity~ of the Commission's compliance
processes and to protect the rights of Individujils who file charges of discrimina-
tion; the Commission has brought 20 suits sedking preliminary injunctive relief
under Section 706(f) (2). Almost all of these suits have been brought in response
to alleged employer or union reprisal against employees who have filed charges'
with the Commission: retaliation is a practice prohibited by Section 704(a) of the
Act. The Office of the General Counsel and the Office of Compliance have begpn
a program to enable the Commission to bring direct lawsuits against those
respondents who have failed to comply with their obligations under Commission
conciliation agreements. The field compliance program plans to devote approxi-
mately 3% of its total field resources in FY 1976 to monitoring respondent
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adherence to conci1iati~n agreements. If respondents ~eftse or fail to live up to
the terms of their written agreements, field complian4~e will refer the matter to
the Office of General Counsel, which i~ now in a poslti~n to bring direct law suits
If requited. The Commission has brought four suits ij~ this area and expects to
make sufficient litigation resources available to pre~erve the integrity of the
Commission's administrative processes and thereby protect the gains already
made.
The Office of General Counsel is allocating an increacing portion of its resources
to the monitoring of court decrees. Extended and thoi~~ugh monitoring to assure
compliance is necessary for all decrees which cover a `arge number of employees
and extend for a term of 1 years. One decree which has entailed substantial efforts
has been the Government's consent agreement with Local 3 of the Operating
Engineers of San Francisco, Which sets out an intricate scheme of relief bearing
on the ~inion's membership, apptenticeship and referral practices. The decree
covers 17,000 employees and 2,300 employers in 46 counties and extends for a
period of five years.
The Office of General Counsel has moved forward ~~sTi~th a vigorous pattern or
practice program. Exclusive authority to bring pattern or practice cases under
Section 707 of Title VII, which was previously sbar~d with the Department of
Justice, was given to the Comnilasion in March of il~74, As of this time, the Office
of General Counsel has reviewed almost 300 proposed pattern or practice charges
and issued 38. In addition, the Office of General Cot~*sel is actively involved in
over 80 pattern or practice cases transferred froi~ the Department of Justice. All
of the more than 100 active pattern or practice cases Øover large plants or facili-
ties. Furthermore, approximately 200 Commission sults filed under that section
of the Act authorizing the Commission tO file suit on i~s own behalf (Section 706
(f) (1) were brought against employers or faculties ~ith 500 or more employees.
The Office of General Coupsel has also been active 1~i the area of appellate liti-
gation. The Appellate Division of the Office has two b4slc functions: prosecuting
rases in which the Commission is a party on appeals, stud assisting charging par-
ties who have filed suitS by furnishing advice and fllii~ig briefs as an~icu~ `cUriae,
in its appellate function, the Division prosecutes suits ~r1ginating from the Trial
Division. Appellate decisions were obtained in 31 caset~ during Fiscal Year 1975,
and in 80 percent of those decisions the result was farorable to the Coninlission
and charging parties.
In its arnicus function, the Division filed formal bdefs as amicus curiae In 80
cases during Fiscal Year 1975 and assisted private coux~sel to obtain results favor-
able to the charging parties in approximately 70 percent of the 44 decisions ren-
dereci during that period. In addition, Division attorn~ys provided advice to pri-
vate counsel in 200 private cases. The result of these efforts to assist in private
Title VII litigation constitutes a substantial contribu ion to the development of
~itle VII laW through insuring that charging parties will have private counsel
familiar with Title VII law; that charging parties w 11 have clear standards of
proof to guide them in establishing a case of discrim~nation; and that charging
partiOs will be fully compensated for the harm don~e them by discriminatory
practices.
An example of the Importance of the Appellate Divi~ion's amicus function was
its participation In the recent case of Aibemarle Pa~er Comptøi~y v. Moodqj, in
which the Supreme Court held that victims of employi~ient discrimInation should
ordinarily receive full recompense for any financial hai~n they suffered as a result
of discrimination.
Pursuant to the Commission's responsibilitlos under Section 705(g), the Office
of General Counsel, through its Litigation Services B nch, coordinates and pro-
vides assistance to attorneys interested in Title VII atters~ This Branch pro-
irides speakers for law schools, training eourse~s and Semin'Srs, `and nionitor~ a
series of contracfs entered into for the purpose of fun lug, encouraging, training
and otherwise developing a private Title VII bar. Ph contracts are coordinated
with the work of EEOC District Counsel, and fall gen rally into two categories:
(1) clinical projects funded through uniVerSities, and (2) legal assistance proj~
ects funded through legal services organizations.
The basic format `of each clinical program l~ the con uct of a courses a seminar
and a clinical component In equal employment law and itigatlon., During academic
year 1974-li175, these programs trained 247 law stud nts and 288 private attor-
neys, `conducted litigation In 146 cases through the cli ics, ` assi$ted in th~ litiga-
tion of an additional 162 cases, and developed subst~ntlal amounts of training
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and research materials In equal employment law and litigation, including text
`books, manuals for litigation, model statutes and a statutory index.
The enforcement program of the Office of General Counsel, now in its third
year,' i&reaching the point where it can effectively and substantially attain the
advocatory role envisioned for it. Performance measurements for FY 1976 will
show significant increases over those for FY 1975. Part of this increase will come
from increases in staff productivity; part will come from organizational changes
and administrative improvements. Through all of the foregoing activity, the
Office of General Counsel has played its part in fulfilling the Commission's man-
date under Title VII by securing the rights of persons which have been violated
under `Ntle Vfl, and by increasing employment opportunities for persons within
classes protected by the Act.
In order for this Commission to' have the maximum impact in eliminating em-
ployment discrimination, the agency itself must function well, and as I indicated
during my Senate confirmation hearing last. May 20, my primary concern is that
the Commission utilize the most effective administrative practices available. My
first goal as Chairman af EEOC is to establish a functional, smooth-running man-
agement organization staffed by employees who display a high degree of profes-
sionalism, thereby increasing the Commission's credibility. With such a founda-
tion, improved performance is sure to follow.
The previous structure of the agency incorporating certain interim changes
recommended by the management consulting firm of Booz, Allen & Hamilton,
posed. several problems from a management point of view. First, program offices
with similar functions were organizationally separate, resulting in possible dupli-
cation and conflict. Second, certain critical functions were located at low organi-
zational levels, resulting in low i~isibility, low impact, and responsiveness. Third,
key support services were not grouped together. Finally, because of overlap
and separate organizational lines, it was difficult to fix responsibility and
accountability.
Thus, over the past several months, considerable thought has been given to the
need of realigning the organizational structure of headquarters in order to more
effectively support EEOC's mission and its operating programs. With the assist-
ance of the recommendations of the General Accounting Office, the Commission's
oversight and appropriations committees, and the management consulting firm
of Booz, Allen & Hamilton, a variety of alternatives to the present organization
were reviewed. The organizational proposal resulting from this review was
presented to the Commissioners and on August 12, 1975, they approved an
organizational plan involving the headquarters program offices which report
to the Executive Director. Mission and function statements for all of the units
in the new organization have now been drafted.
Through the reorganization, we will be able to clarify responsibility and
accountability for agency operation.s and to assure greater responsiveness to
program needs. Specifically, we hope to accomplish the following objectives:
1. Increase the Executive Director's control of day-to-day operations by reduc-
ing the number of key directors hehas to manage and direct;
2. Separate, to a considerable extent, line operations from staff support opera-
tions;
3~ Give greater visibility to important personnel and labor-management rela-
tions activities; and,
4. ProvIde strong ~systems analysis and automatic data processing components
for the agency.
As you are aware; `we have been focusing particular attention on the financial
management aspects of the agency, In letters of December* 19, 1974, from the
tben~ Chairman Powell to the Honorable Carl Albert, Speaker of the House of
Representatives and the Honorable iTame.s 0. Eastland, President Pro Tempore
of the 1~Tnited States Senate, he indicated several corrective steps which had
been or were to be shortly implemented~ The current status of these steps is as
~follows:
1. An internal audit of fiscal year 1975 transactions has been completed. A
separate audit by the General Accounting Office is now in its final stage.
2. A fund control unit within the accounting section has been established.
3. A reorganization of the Division of Financial Management is in progress.
The budget execution function and the budget formulation function, now within
the Qffice of Program Planning, Budgeting and Evaluation because of an interim
reorganization decision, will be placed within the Office of Financial Management
when the presently proposed reorganization becomes effective.
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4. A request for assistance to GAO alid other Fed4ral agencies for the reini-
bursable detail of properly tn~ined accounta~its for a)eriod of `60 days has been
accomplishdd.
5. An effort is being made to retrain Cominissioi~ accountants and voucher
examinerS to assui~e conformity to existing'Federai re~ulations. In addition, new
personnel have been hired t'o aSsure that this fun~itidn' is performed accurately
and efficiently.
6. An edit routine has been established in the ne* computerized accounting
system to identify errors in input as Well as key~unching errors to assure
accurate output.
7. `A "status of allotment" is now available to progi4tm managers and regional
directors 15 calendar days after the close of each month~
8. Personnel within the Division of Financial Management have beenreassigned
and properly qualified Federal accountants with supervisory experience have
been identified as replacements.
Under the reorganization, as `adopted by the Coniissi~n. on August 12, one of the
five offices under the Executive Director is the Office pf Financial Management.
This office will be responsible for developing, designing, installIng, and reviewing
a complete financial management reporting system. Ii~i addition, it will serve' as
the contracting arm for the agency in the purchase o~f equipnient, supplies, and
services,
Other improvements in production and enforcemertt will come from the 200
new positions authorized in our FY 1976 appropriations bill now pending in
Congress, the increased use of generalists in our field otfilces who can both investi-
gate and conciliate charges, the major revamping ~f our charge information
system, the emphasis on resolution of charges by Stite and local fair employ-
ment practices agencies, the upgrading of pre-invest~gative analysis personnel,
and the continued reliance on charge-processing procedures which have proved
to be effective in the past.
I have every confidence that with sound administration and an infusion of
managerial talent~ all of the aforementioned factors wtill enable the Commission
to increase its productivity and efficiency during the ~present and coming fiscal
years. Nonetheless, I do not believe it is realistic to expect that EEOC will be able
to make any significant inroads in its growing charge inventory given present
resources and the ever-increasing number of charges 4lled with us each year.
As you know, our jurisdiction was greatly evpand~d as a result of the 1972
Amendments to the Act: We now have jurisdiction i~ver some 63 million em-
ployees, o,r 75 percent of the work force, by the incl~ision of public employers
and educational institutions; and, Title VII covers employers who have more
than 15 employees, rather than 25 as set out in the original Civil Rights Act of
1964. This has meant a concommitant rise in the nuthber of charges filed with
the Commission. Despite this increase and the fact tli~at we were authorized no
additional compliance personnel in F'Y 1975, we were able to resolve 60 percent
more charges than in FY 1974. Nonetheless, with ouv p~esent staffing level, and an
anticipated 217,000 new charges filed with the Commi~sion in Fiscal Years 1976
and 1977, the Commission's projected charge inveutor~ could well reach 150,000
by the end of FY 1977. Thus, I will request funding i~or 473 new field positions
for FY 1~l77 and $8 million for distribution to State ~nd local fair employment
practices agencies. Ii~ this request is granted, the' p~ojected charge inventory
could be reduced by approximately 25 percent, or soi4e 32,200 charges, thereby,
decreasing the cumulative charge inventory to 114,30~ by the end of FY 1977.
It has been suggested that the authority to enforce i~~ll of the current laws and
Executive Orders outlawing discrimination in employm~nt should be consolidated
in one federal agency. I am not presently in favor of sudh a proposal. The agencies
charged with enforcing the various' anti-discriminatio laws have distinct statu-
tory responsibilities, and distinct ways in which they g about carrying out these
responsibilities. It is my view that the cumulative eff ct of this effort is to ad-
vance the cause of fair employment. The Governmen s program is invigorated
by the interchange between responsible agencies; respo dents are more regularly
made aware of their obligations under all the anti discriminaton laws; and
aggrieved individuals carry the promise of more tha one avenue of relief. I
understand that a multi-faceted approach requires car ful coordination between
the various responsible agencies. To this end we hay been, and will continue
to utilize the Equal Employment Opportunity Coordina1~ing Council `and to coordi-
nate our efforts at the staff level. In this respect, let ~me stress that this office
PAGENO="0012"
8
consults with other responsible agencies before proposing that the Commission
bring suit against a particular respondent.
At EEOC, we are committed to internal equal employment opportunity. The
Commission's Office of Equal Employment Opportunity was created in May of
1914 in recognition of the need to better coordinate our efforts to assure non-
discriminatory utilization of women and minorities in each function and grade
level, *and to more effectively process E~EO complaints filed by Commission
employees.
The EEO office is responsible for establishing and administering a continuing
affirmative action program to promote equal opportunity in all Commission
employment policies and practices. When necessary, it recommends needed
changes and provides training and technical guidance to managers and super-
visors, who are filtimately responsible for implementing equal opportunity
policies.
One of this offlc~'s primary objectives is the implementation of an effective
and meaningful affirmative action program, which bus a's its first step identify-
ing problem areas through the use of the Commission's work force by grade, sex,
race, national origin, organizational unit, and function. The most recent survey,
based on February 28, 1975 data, shows that women and minorities are widely
distributed by grade throughout `the Co'mmi~sion; women comprise 57' percent
of our work force, and minorities are 64 percent, `both well above their repre-~
sentation in the general labor `force. However, an analysis shows that women and
minorities are disproportionately concentrated at the `05-7 level and below, and
women are underrepresented above OS-il. What must be done is to continue
upward mobility efforts to improve advancement opportunities for women and
minorities in the lower grades and to emphasize a combination of upward mobil-
ity and recruitment to place women in levels above OS-il.
`Native American's and Asian Americans, who are the only minorities under-
represented in the total agency work force, will be the subject of a special
recruitment effort during Fl 1976. `In addition, hiring goals for `Spanish speaking
persons have been set: At least `one female at `GS-15 or above; at least one SSA
in those Regional and Headquarters offices which do not have any and where
there are vacancies; at least two in each District Office which has none and
where there are vacancies; and an increase of S~SA representation in the Office of
General Counsel and those Litigation Centers which serve area's having signifi-
can't `Spanish-speaking populations. These and other more detailed managerial
goals to implement affirmative action in Fl 1976 were approved by the Civil
Service Commission on May 30, 1975.
`The other major goal of the EE'O office is to ensure that the `E'EO counseling
and complaint processing system works effectively so that employees are heard
in a timely, objective and equitable manner. `During 1975, 43 employees filed 53
EEO complaints, which represents 1.9 percent `of total Commission employees.
Fourteen were filed on the basis of sex, 28 `on the `basis `of race or col'or, 5 on the
`basis of national origin, 1 on the basis of religion, and 5 alleged reprisal. `Ten per-
sons filed on two or more bases. Of the 53, 27 were resolved. As of August 31, 56
complaints were on hand; 28 awaiting resolution attempts, 16 in some stage of
investigation, and 12 pending assignmentS
As President Ford said on March 6, 1975, in his message to heads of federal
agencies and departments, "equal employment opportunity does not just happen;
it comes about because managers make it happen. . . ." I want `to assure you that
I will dO everything I can to effectuate those EEO policies and practices engender-
`ing afflymative action, and will do whatever possible `to redress the problem
areas discussed above. Certainly this Com'niis'sion should set a prime example in
the area of equal employment opportunity for' `other `Federal agencies in carrying
out the Congressional mandate In `Section 717 of Title VII.
PAGENO="0013"
PARTICIPATION RATES 0
Occupation
F EEO-1 EM
Total
PLOYEES IN
White,
TH
All
E UNITED
minority
STA
.
TES, BY R
.
Black
A~E A
~
ND BY SE
~
SSA~
X, 1966 AN1~ 1974
~.
Asian Americafl~.
American lndiafl
~r.
Men
Total:
1966, Number 25,570,685 22,652,796 2,917,809 2,089, 675 643,678 129,464 54, 99~ 17,514,626 8, 05~, 919-
Percent 100.0 88.6 1L4 8.2 2.5 .5 .2 68.5 31.5
1974, Number 31,602,791 26,403,667 5.199, 125 3,486, 524 1, 353, 57~ 245,794 113,230 20, 011~ 129 ~
Percent 100.0 83.5 16.5 11.0 4~3 .8 .4 63.3 36~7~ ~
Officials and managers:
1966 100.0 ~ ~
1974 100.0 ~13~0 ~
Professichals:
1966~ 100.0 14.0 ~-
1974 100.0 ~8.8
Technicians:
1966: 100.0
1974 100.0 ~31.2 ~
Salesworkers:
1966 100.0
1974 100.0 -
Office and clericaiworkers.
1966 100.0 72. &
1974 100.0 ~
Craftwo~kers:
1966. 100.0 6.4 -~--
1974 - LOGO ~. -~-/-...
98.1 L9 .9 ~ .3 - .1 90.6
95.0 5.0 2.9 1~ .5 .3 87.0
96.5 3.5 1.3 .~ 1.3 .1 86.0
92.8 7.2 3.1 t5 2.4 t .2 71.2
93.5 6.5 4.1 ~. 4 9 .2 68.9
88.4 11.6 `7.3 t7 1.3 .3 68.8
95.6 4.4 2.4 11.4 .4 .2 61.2
90.9 9.1 5.5 7. .6 .3 53.4
4- ~
94. 1 5.9 3. 5 -t~6 .6 .1 27.6
86.3 13.7 9.0 - 33 ~ 1.1 .3 20.7
93.8 6.2 3.6 2.41 .3 - .2 93.6
- - 88.6 ,1L4 -- -- 6~9 .4 __________ 923
85.6 14.4 10.8 3~f .3
77.9 22.1 15.7 ~5 - .4
71.8 28.2 21.2 6~-1 .5
69.0 31.0 20.4 .5
71.9 28. I 23. 1 8
68.5 31.5 23.7 &4 1. 1
upeiauv~;
1966 10(1.0
1974 100.0
Laborers:-
1966 100(1
1974 100.0
Serviceworkers:
1966 100.0
1974 100.0
Source: EEO-1 reports, 1966 and 1974.
.2 72.3 27. c4-
.4 68.6 31.
.4 76.1 239-
.6 68.7 31.3,
.3 56.7 43.3 ~
47.8 52.2 p~
t ~,- -
PAGENO="0014"
10 ~-~-~:
Mi PER]iY It is with great plessur~ that I appear before you to
discuss the wôrkof the Equal Employment Opportunity~Qommission,
the primary Federal agency charged with the res~stbrlity of elimi-
nating employment disciimination under title VII: of the Civil Eights
Act of 1964., as amended by the Equal Employment Opportuüity Act
of 1972.
Since I assumed the position of Chairman of. the Commission on
May 27, 1975,1 have had the opportunity to assess both the accomplish-
ments and shortcomings of the agency, discussed at greater length in
my prepar~d statement There i~ much to be proud of in our perform
`~nce in the compliance area in fiscal year~1975 Charge resohatxo~s m
creased by 60 percent over the previous fiscal year, despite no increases
~u stafF and receipt of 30 percent more charges To assure continued
high performance in tins area, we ~u~e continuously reviewing our
compliance procedures, and will make modificatiôi ~ii~thd. ~oiië~'
theless, the increase in the uncontrollable influx of new charges makes
obvioii~ the requirement for additional resources; during fiscal years
1976 and 1977 we project an influx of some 217,000 new charges, which
would bring our active cJ~rarge..inventQry to. i5.~,QOQ~b.y . the ebd. of
fiscal year 1~77 unless our budget reqñest for funding 473 ñë~ field
positions is granted. If the new positions are funded, then we could
hold the charge inventory down to ~14,300 by the end of fiscal year
1977.
The need for a strong and effective management was apparent to
me when I took office and under my direction the Commission is re-
aligning it~ organizational structure to more ably meet its needs and
fulfill its responsibility under title VII. This realignment includes
the corrective measures that were necessary in the area: of financial
thanagement.
Other priorities to which I have. addressed myself during thy brief
`time as Chairman include increased coordination with other 1?ederal
EEO enforcement agencies, increased emphasis on the work done by
the Office of Voluntary Programs with respect to technical assistance
and educational activities, and wider utilization of State. and local
fair employment practices agencies resulting in effective resolution of
more deferral charges.
Certainly one of the more important units of the Commission is its
Office of General Counsel, whjch~ through its court enforcement re-
sponsibilities, has taken a pioneering role in developing a significant
body of case law in the title VII field:. The office's capabilities are being
more fully realized with this responsibility, and will be utilized even
further as coordination between the litigative and compliance activi-
ties of the Commission are more fully developed and implemented. I
knbw that our General Counsel, Abner W. S'ibal, who accompanies me
here this morning, will want to expand on .this in his statement to the
èommittee. .
This concludes my statement. I would be happy to answer any ques-
tions you may have.
With. that, I would like to say good morning to Congtessman
Buchanan and indicate that Mr. Sibal would like to present, a state-
ment. . . ,
Mr. SIBAL. Good mprning Mr. Chairman, members of the committee,
ladies and gentlemen~ I am pleased' to have this opportunity td appear
PAGENO="0015"
11
before you and to speak briefly, of the functiori~s and activities of the
Office of General Counsel, of which I became head on July17, 1975.
The enforcementprogram of the Office of Gen~ral Counsel, now in its
third year, is rea~hing the point.where it can e1~ectively and substan-
tially attain the advocatory role envisioned for it. Performance m~as-
urements for fiscal year 1976 will show significant increases over `those'
for fiscal year 1975. Performance measurements for fiscal year 1977 will
show further increases over those of fiscal year! 1976~ Part of this in-
crease will come frbm increases in staff productivity.; part will come
from or~anizational changes and administrative improvements.
Recognizing the key importanQe of General C~unsel Office activities,
the Chairman has initiated several long meetings, cordial andproduc-
tive, which have led to the mutual formulation of a short-term goal
agenda for the office. The short-term goals listed~ thrs agenda follow:
The immediate filling of the General Counse~ Office field and head-
quarters staff vacancies, especially regional coui~isei positions;
The early development and implementation èf detailed procedures
and standards for coordination between the Office of General Counsel
and the field offices during the compliance `proc~ssiiig of charges;
The prompt development of case selection procedures that will enable
and encourage district offices ~o sift out, even as e~arly as during the pre-
investigative process, those charges with high litigation potential for
priority processing;
The swift; development of coordinated monitoring procedures for
conciliation agreements; ~nd
The expeditious evaluation of the proper nunTher and the proper lo-
cations of the office's regional litigation centers.
As a long-range goal the Office of General Cdunsel will continue its
litigative efforts in the courts by building a subst~ntial body of case law
having broad impact in establishing what employment practices are
discriminat:ing and must be eliminated.
Please be assured of my dedicatlon to both ~hese short-range and
long-range goals. If there are any questions, I w~uld be glad to answer
them.
Mr. HAWKINS. Thank you, General Counsel. I ~iotice a Commissioner
in the audience who is familiar to me, Commissioner Teiles. Are there
any other Commissioner present ~ I think th~ record should show
Commissioner Telles is present and we are deligthted to have him here
today.
Mr. Perry, we appreciate the reply you ha~ve given to questions
which we Propounded. You have provided a ~realth of information
for the cordmittee and, I wish to thank you fo~ your quick response.
Without objection, that material will be insetted in the record at
this point.
[The information referred to follows;]
EQUAL EMPLOYMENT OPPonTthuTY COMMISSION,
Washington, D.C., $ept ember 10, 1975.
lion. AUGUSTUS ~. HAWKINS, ,
Chairman, `Subcommittee on Eq'uai Opportunities, Con~mittee on E~1z~cation and
Labor, IIo'use of Representatives, WasMngton, D.C.
DEAR Mn. CHAIRMAN: Thank you for your letter ot August 19 in whice you
asked me to provide certain information regarding th. Equal Employment Op-
portunity Commission. The questions included in yo r letter along, with ~ny
responses follow. .
1. Please give a breakdown of the charges received in 1975 according to the
nature of the charge and type of respondent.
PAGENO="0016"
12
FISCAL YEAR 1975 CHARGE BY BASIS AND TYPE RESPONDENT-BACKLOG REPORT
Race National Religion Unspec/
(N,O,I, Sex orgin (C,P,J,A, Retaliation other
R,K) (M,F) (S,E,Z) G,Y) (H) (X,W)
Private employer (E) 29, 218 17, 255 5, 434 1, 216 467 3, 418
Union (U) 2,011 786 264 35 22 97
Government-State/local (G) 3, 703 2, 636 803 212 74 495
Educational inst-public (l,K) 710 1 037 133 77 33 70
Educational inst-private (N,M) 121 146 33 22 2 19
~olnt Apprenticeship Committee (J)_ - - 39 26 8 0 3 1
Private employment agency (P) 64 62 11 8 3 15
State employment agency (S) 126 105 33 8 0 16
Sum of basis... 35992 22053 6819 1 578 602' 4131
No respondent i~ record 414
No basis in recotd 464
Sum of backlog charges represented in
report. 65,866
2. Please provide a breakdown of the current backlog of charges before the
E]~OO, including the status of charges and the number by district office
The attached tables are based on a computer program run as of May 31, 1975,
and is the most current data available. However, these figures are not' totally
reliable at this time and, they should be regarded as indicators only. As indicated
in the answer to the previous question, we are now in the process of conducting
an intensive Inventory of our management information system, which, it is
anticipated, will produce more accurate, up-to-date information by the end of
September.
3. What specific steps have you taken or do you plan to institute' to reduce
the `backlog?
The Commission has during the past two years successfully introduced a
number of charge processing procedures which have significantly increased field
charge resolution capability. These procedures, the dramatic reduction in an
exceptionally high field vacancy rate and the impact of 168 new field positions
authorized in fiscal year 1973 permitted the field to obtain 37,500 charge resolu-
tions in fiscal year 1974 and 62,000 charge resolutions in fiscal year 1975.
The 200' new positions authorized iii the fiscal year 1976 appropriations bill pend-
ing in Congress and improved productivity on the part of the present workforce
will enable the Commission to resolve 5,100 additional charges in fiscal year 1976
and 12,000 additional charges in fiscal year 1977. However, it is very clear that
the gap between incoming charges and charge resolutions can only be eliminated
if the Commission is authorized a significant increase in personnel and the
critically important State and local fair employment practices agencies are gven
increased financial support. Therefore I will request that the Commission be
authorized 473 new positions for fiscal year 1977 and I will request that the Com-
mission be appropriated 8 million dollars for distribution to State and local
fair employment practices agencies. If my requests receive favorable action
the projected caseload inventory would be reduced in fiscal year 1977 by approxi-
mately 10 percent or'approximately 13,000 charges. Thus at the' end of fiscal year
1977 the projected cumulative caseload inventory would be 114,800. The proce-
dures and changes that have and will continue to increase field productivity over
the period fiscal year 1974-77 follow:
Predeter'm4natioss settlcment.-This is the settlement of a charge by means of
a written agreement before the Commission issues `a formal determination that
discrimination has occurred. Its basic purpose is to significantly reduce the amount
of time a charging party and respondent must wait for an opportunity to settle
a specific charge and to decrease the amount of resources expended by the Com-
mission by reducing the amount of time spent in investigation and conciliation.
Early chargé resolation procedure.-This procedure is an attempt to settle
a charge as soon after receipt as possible by providing service of the charge itself,
a mail request for information, and an invitation to settle the charge at the same
time. In `appropriate instances, a draft settlement proposal can accompany the
service of the charge itself.
Use of ge7veralists.-In order to reduce the bottlenecks and minimize duplica-
tion of efforts in processing charges, the Commission will make increased u~e of
generalists, who can either investigate or conciliate routine charges, thus pro-
PAGENO="0017"
13
viding greater flexibility in the assignment of personi~el and reducing delays ~in
processing.
Caseload management .-JJJEOC's planning manageme~nt system (PMS), in ef~ect
since fiscal year 1973, continues to be a useful tool In fguidiug District Directors
toward the most efficient allocation o~ j~esources, thereby permitting more
efficient caseload management. During the current fi$cal year a formal system
of operational strategies, ranging from simple onein-one charges to broadly
investigated systemic charges has been i~itrodueed, a~nong which each District
Director allocates the workload and professional werl~ years of his or her office.
Charge infovmation system.-Another Improvement In our management system
is the major revamping of our charge information sy~tems currently underway.
Oiher such changes are discussed in greater detail In the answer to question
number six.
Scope of investigation procednres.-This practice l~imi1~s the scope of the in-
vestigation of certain charges when there is no compel'ing reason fQr broadening
the investigation to Issues which were not spee1fieaII~y alleged by the charging
party.
Evpedited charge resol~tion.-This procedure, whicift was adopted by the Com-
mission, requires field personnel to review pending chairges involving respondents~
with whom the Commission already has conciliation 4greements and to attempt
to settle as many of the pending charges as possible w$thin the framework of the
existing agreements.
Emphasis on resolution of charges by State and lo$l PEP agencies.-In No-
vember of 1974 the Commission revised its procedural `and reporting instructions
to provide for a more routine review of final findings ~nd orders Issued by state
and local anti-discrimination t~gencies, which is follo1wed by a Commission de-
termination giving substantial weight thei~eto. In flsca~ year 1976 we plan to con-
tinue thl/s practice ~nd to expand upon it by developin~ work division agreements
under the authority granted to the Commission by ~ection 709(b) of the Act.
Under these agreements certain charges and elassesf of charges (I.e., in those
instances where the Commission has a previous conciliation agreement) would
be handled exclusively by one or the other agency in prder to avoid duplication.
We do not believe that the Act allows the Commissioi~ to give up its jurisdiction
to another agency, and we do not plan to abandon the practice of reviewing each
finding made by a local or state agency. Nonetheless~ we do believe that there
is logical division of prime responsibility such as that envisioned by section
709(b) whereby duplication of effort can be avoided.
I want to emphasize that even with all of these pro~edures it is apparent that
additional ones are not the answer to alleviating the gjrowlng caseload inventory.
As. I see the EEOC at this time, the only realistic and l?ouest remedy to deal with
the uncontrollable number of charges that come tbrou~h this agency's doors on a
daily basis is an increased field compliance staff, an inffision of managerial talent,
and a broader utilization of tested administrative teqbniques. This Commission
will continue to do the best that is possible withits r~resent resources but I am
constrained to add that without further reSources t~hi~ will not be enough to
fulfill the promise offered ten years ago by Congres~ and the President under
Title VII.
4. What percentage of the t&tal authorized position4 at the EEOC are vacant?
What is the vacancy rate for the position of lnvestiga~or and conciliator? In the
Office of General Counsel?
Eleven percent ott' the total authorized positions at t e. Commission were vacant
as ~f July 31, 1975; the rate for Investigators was 1 percent, for conciliators,
10 percent, and 15 percent for the Office of General ounsel, and all such posi-
tions are now in the process of being filled. The pr viously imposed freeze on
hiring has been lifted
5. How many charges were referred to state and lo al fair employment (70d),
agencies during fiscal year 1975? Of these, bow man were returned to EEOC?
What steps have been tak~n to impreve the capability of state and lot~al agencies
to process and resolve referred charges?
During the perIod 1968 to 1974 the State and Comn~unity Affairs program was
directed tdwards Increasing the â~ility of State and local agencies to identify
and eliminate discrimination t,hrough training, spec al pi~o~ects, and technical
guidance. .
In fiscal year 1975, the State and Oommunity Aff Ire contract program was
redirected toward the resolution of one-on-one deferrë charges In order to assist
OO-197---75----2
PAGENO="0018"
14
the EEOC to achieve a zero growth rate in its charge inventory and to begin
dealing with identifiable products capable of being measured as to quantity and
quality.
The Commission funds 706 ageiieles on a. calendar year basis, and since Jan-
uary of this year until the end of fiscal year 1975, 25,807 charges were deferred
to 706 agencies. Of the 25,807 charges deferred, P9,114 were returned with no
action taken by the deferral agency and 7,752 were resolved at the local level.
The Commission accefted and administm)tively closed 5,904 of these'; the find-
ings on' 1,848 charges were unacceptable' and therefore subject to EEOC's compli-
ance process. The remaining 8~941 are being held for further action by the 706
agency or for review by EEOC district offices. (No reliable `figures are available
for ~the first six months of fiscal year 1975.)
In fiscal year 19'~6 State and Community contracts will continue to focus pri-
marily on one~on-one charge resolutions~ in order to limit growth in the Conimis-
nion's caseload. Approximately 10 percent of the funds will `be targeted for sys-
`tem'ic charge production.. As in fiscal year 1975, ~State and Commbnity funds are
not planned for allocation to support services, such as training of 706 agency per-.
sound. It is anticipated, however, that in fiscal year 1977 increased funding will
allow a more balanced approach to the program so that training,' support and
technical guidance `presently eliminated can be fOrmally included in the program
~to~achieve greater effectiveness and coordination of Commission and 706 agency
`work actiyi:ties.
`6. Describe the' EEOC's ohjectives for the Improvement of its operational effi-
ciency through a computerized data system. What are the present capabilities?
What are the plans to upgrade? How does the EEOC plan to share computer data
with the OPCC and oUher enforcement agencies?
The agency accomplishes most of its data processing through time-sharing
arrangements with HEW and the t~epartment of Agriculture. However, there
are a number of problems that have resulted from these arrangements, primarily
excessive cost and long processing delays in receiving data reports. To deal with
these problems, we recently installed a minicomputer (IBM System. 3) which not
only can function as a terminal but also is capable of handling limited pro~
gramming assignments, including accounting transaction editing and case in-
ventory transaction editing. The addition of~peripheral equipment ii~ the future
will enable us to be even more effective in these areas.
There are other significant weaknesses in our management Information sys-
tem, Data transactions from the field are transferreçl to Headquarters by mail,
cauSing considerable time lags in the data base. In addition, the currentcharge
inventory system. contains ambiguous and redundant computer codes. Points
of count used to track a charge through the system are vague and imprecise,
making it almost impossible to line our charge file against EEO survey data,
since a common respondent numbering system has not been established.
Clearly, what is needed is one all-inclusive management information system,
rather than several independent systems. We plan a twofold attack on this
problem: short-range and long-range.
Our short-range objectives, to be completed by the end of' `fiscal year 1976,
are as follows: We will completely automate the data entry of field transactions,
thereby eliminating the current system of mailIng such information and conse-
quent processing delays. The charge inventory system is being redesigned to
clarify and simplify code definitions, and will make points of count in the' sys-
tern more, precise. During the second quarter Of fiscal year 1976 we will con-
duct a field Inventory of all active charges to make corrective entries in the
computer data base. In addition, a common numbering system~ for respondents
is being developed for use in our EEO-1 thro'ugh EEO-6 forms. It is anticipated
that the Commission could then utilize an existing numbering system for re-
spondents common to all federal EEO enforcement agencies when one becomes
effective. This *ould facilitate the sharing of data, thereby reducing duplica-
tion of efforts by those agencies and increasing coordination of federal law
enforcement efforts.
With regard to the Commission's long-range goal to upgrade our management
information system, we have recently retained the National Archives and Rec-
ords Service (NARS) to perform a comprehensive study of EEOC's require~
ments in this area. Their report, which should be available in Six months will
document our data needs, propose an integrated systems design, define our hard-
ware and software requirements, and finally, provide the agency with a timetable
chartui~ the major actions and eveut~ required.
PAGENO="0019"
15
One of the major items we will, ask the NAItS grou~p to study and consider Is
the data requirements of outside agencies, s'ach as a~ common coding structure
for respondents, discussed above.
7. Please provide the current number of lawsuits fil~d~ the breakdown by type
of discrimination and the status of ~ucii suits. Row ~many cases were referred
to litigation centers? What is the number of suits ~nv~lving one-on-one charges?
As of June 30~ 1975, 464 lawsuits had been filed l~y tbe~ Commission, 229 in
fiscal year 1975 alone. To date, 308 suits allege discrinjiination based on race and
color, 241 on sex, 81 on national origin, and 16 onrel~g1on, These numbers total
more than ~464 because many allege two or more types of discrimination. The
status of the suits filed is as follows:
Filed 464
Settled 107
Tried 4 19
Dismissed on procedural grounds 75
Appealed
Interventions denied 19
Appealed 2
In fiscal year 1975, 2,854 cases which failed eoi1cili~tion were referred to Re-
gional Litigation Centers for review as possible liti~ation vehicles. All of the
suits filed by the Commission in federul court stem f)~om Individual charges al-
leging one-on-one discrimination where conciliation failed. Virtually all Commis-
sion suits allege both Individual and cifiss-wide discrimination.
8. How many attorney positions were authorizOd in fiscal year 1975? What was
the average caseload per attorney?
In fiscal year 1975, 274 attorney positions were authorized, ttnd of these 218
were trial attorneys. Including all active suits, suits~ authorized, interventions,
appeals, and suits transferred from the Department of Justice, the active case-
load of the Office of General Counsel was 776 at the e~d of the fiscal year, which
is an approximate caseload per attorney of 3.5.
9. How many pattern and practice suits under S~c. 707 have been filed to
date?
The Department of Justice transferred to the Comn~ilssion 92 cases filed under
Section 707 of the 4ct; 11 require monitoring of couse~t decrees, and the remain-
ing 81 are being activety litigated. The Commission ha* filed 2 suits under Section
707, one of which has resulted in a consent decree. The other is in pre-trial
discovery.
10. How many Commissioner charges were filed in fiscal year 1975? Against
what type of respondent? Of these charges, how maily alleged pattern or prac-
tice discrimination?
In fiscal year 1975 E1~lOO filed 54 Commissioner chtarges. Of these, 38 alleged
pattern or practice ,discrlmination under Section 707 Of the Act and 16 were filed
irnder Section 706 of the Act, Thirty alleged discrimin~ttion by private employers
alone, 11 were against unions, 12 were against both private employers and unions,
and one was lodged against a local government.
11. How many professional staff positions are assigned to the Office of Volun-
tary Programs to provide technical assistance to employers to develop affirma-
tive action programs? How many spch programs hate been developed? List all
eipployers which have entered into voluntary agreei*ents to date.
The Office of Voluntary Programs (OVP) is compri~sed of 28 professionals: 11
are at Headquarters and 17 are assigned to our seveb Regional Offices. To date
10 employers, two in fiscal year 1974 and eight in fisca year 1975, have signed vol-
untary agreementh with the Commission. These emp oyers are Pacific Gas and
Electric Company (Calif.), United Parcel Service (San Francisco), City of
Tucson (Arizona), Gimbel Brothers (Pittsburgh), Nd ark School District (Dela-
ware), Brown and Williamson Tobacco Co~ (Kansas ity, Mo.), Macy's (Kansas
City, Kansas and Misouri), University of Missouri (Kansas City), Household
Finance Corp. (St. Louis), and King Construction Co p. (Kansas City, Kansas).
With regard to technical assistance, there is a wb e range in the nature and
type of assistance prOvided by the Office of ~olun~tary Programs (OVP) to
employers who wish to initiate Affirmative Action in 1~heir places of empioyment.
Such assistance ranges from, an intensive, in-depth ~review of current employ-
ment statistics and systems leading to the develop~nent of broad affirmative
action programs, to providing information and assistaince on one or more specific
PAGENO="0020"
16
parts of such programs, e.g., application forms, recruitment and selection prac-
tices, utilization analysis, computation analysis, etc.
Many OVP activities which do not involve direct assistance to individual em-
ployers do have a definite impact upon the development, revision and imple-
mentatioli of employers' affirmative action programs. Examples Include partici-
pátion in affirmative action seminars, workshops and conferences, development
of publications and assistance on articles, and guidebooks prepared by pro-
fessional associations.
Below is a summary of activities of the Office of voluntary Programs staff
in assisting the development of affirmative action programs from fiscal year
1972 to fiscal year 1975.
Private Employers 1, 376
State, County and Local Employers 271
Educational Institutions 257
Consulting Firms and Attorneys 143
National Private Employer Associations 71
National Public Employer Associations 31
National Educational Associations 35
Training Associations and Organizations 19
Federal Contract Compliance Agencies 164
Total 2, 367
12. What steps have you taken to assure greater coordination with other
Federal EEO enforcement agencies?
My efforts to assure greater coordination with other Federal EEO enforce-
ment agencies are designed to achieve a common government perception of dis-
crimination and remedies and to develop a government-wide mechanism to iden-
tify and remedy the maximum amount of discrimination, I am working to achieve
these goals through the Equal Opportunity Coordinating Council (1~JEOCC),
through interagency agreements and by communicating EEOC's positions on
issues of employment, discrimination to other agencies.
More specifically, my efforts are focused in three directions:
1. Common definition of discrimination.-Phe Coordinating Council continues
to attempt to develop Uniform Guidelines on Employee Selection Procedures.
EEOC's existing guidelines have been adopted by the Supreme Court in two
cases: Griggs v. Dnke Power Company (401 U.S. 424 (1971)) and Atberma'rle
Paper Company v. Moody (422 U.S. (June 25, 1975)). Thus, I shall con-
tinue to work toward a common definition of discrimination among the federal
E~EO agencies involved and to engender a perception of the law consistent with
that held by EEOC.
Discussions dealing with a' common government perception on work allocation
procedures and discrimination because of sex in pension plans are also being held
by the Council.
2. $haring of Information.-Under written agreement and informal procedures
with other agencies we share, investigative files, compliance reports and other
information. This eliminates duplicate information requests of unions and em-
ployers. One example of this attempt to implement the mandate of Section 715
to eliminate duplication is our Memorandum of Understanding with OFCC,
which has been challenged in the courth by four employers. I view the passage of
Section 715 as mandating, to the extent possible, the elimination of duplicate
requests for' information by mutual sharing of data among Federal agencies.
3. Coordination of Enforcement.-The other members of the EEOCC and I
`want our procedures, perception of discrimination and remedies to be sufficiently
similar to that we can accept the results of each other's work. An example of
the type of such Interagency coordination is the current agreement between this
Commission and the Office 0f Revenue Sharing, which has eliminated duplicate
investigations in cases where EEOC is investigating a particular respondent;
ORS refers complaints direbtly to EEOC for investigation. If EEOC finds cause
to believe discrimination exists, ORS notifies the recipient of Revenue Sharing
fbnds that continued funding is contingent upon eliminating the discrimination
found. This agreement has played a significant role in encouraging units of State
and local government to conciliate charges of employment discrimination.
I am presently working with Secretary of Labor John Dunlop to expand the
Memorandum of Understanding between EEOC and OFCC so that we can im-
prove the coordination of our e~orts and give full fai'th and credit, in appropri-
`ate circumstances, to each other's determinations.
PAGENO="0021"
17
I am confident we can deal with this and related 1~sues, thereby subsfantially
increasing the total amount of dlscri~lnatlon whicl$ Is identified and remedied
by the federal government..
18. Please provtde a work farce profile by grade, ra~ce and sex for EEOC head-
quarters and each of Zhe regions.
I believe you have this Commission's EEO profile as of February 28, 1975,
which was prepared by our internal Equal Employm~nt Opportunity Office on a
one-time basis, Such data is routinely compiled by th~ Civil Service Commission
on a quarterly basis and it is my understanding that their Eureau of Manpower
Information is now processing your request for this ~ame information as of the
same date, February 28, 1975,
I am pleased to provide this iufornTation and look i~orward to appearing before
your Subcommjttee on September 22 to 4lséuss the *ork of the Commission.
Sincerely,
LOWELL W, PaacRr,
Ukairman.
STATUS OF CHARGE INVENTORY AS OF JUNE~30 1975*
Atlanta
Atlanta
Birmingham
Charlotte
Jackson.
Memphis
Miami -
Chicago
Chicago
Cincinnati
Cleveland -
Detroit
Indianapolis
Milwaukee -
Dallas
Albuquerque
Dallas
Houston
New Orleans
San Antonio
Kansas City
Kansas City -
St. Louis -
New York
Boston
Buffalo
New York
Newark
Philadelphia
Baltimore
Philade~phia
J'ittsburgh
Washington -
$an Francisco -
828 835
148 182
174 138
60 16
163 32
202 246
81 221
368
380 675
80
69 108
106 172
109 136
16
297 572
169 202
128 370
356 151
Total
charges
Charges in
determi-
Charges Charges in nations! Charges in
deferred invest~gatlons decisions conciliations
18,929
181
17,085
4, 336 4, 006
3,229 2,917
2,715 2,639
1,585 1,390
3, 940 28 3, 464
3, 124 153 2, 669
25,189 1,442 22,304 1,075
6, 340
2,319
5,501
5,918
2,420
2,691
186
260
345
441
140
70
5, 510
2,011
4,837
5,389
2,082
2,475
557
41
249
86
92
50
87
7
70
2
106
96
12,053 9 10,989
2,948 9 2,667
2, 878 2, 701
2,582 2,304
3,163 -- 2,918
482 399
7,033 136 6,028
4,192 135 3,686
2,841 1 2,342
8, 544 849 7, 188
3,952 228 3,640 56 28
1,042 145 794 88 15
1,348 249 989 64 46
2,202 227 1,765 148 62
13,789 533 12,286
4, 287
1,920
1,959
5, 623
215
101
70
147
425 545
3,652
1,697
1,754
5,183
21,162 1,738
Denver
Los Angeles
Phoenix
San Francisco -
Seaftle -
Total
136 284
89 33
50 85
150 143
18,311
3,325
6,715 -
2,362
5, 560
3,200
80
959
38
465
216
778 335
3,106
5, 443
2,216
4,722
2,824
106, 699 4,888 94, 191
137 2
261 52
117 SIl
181 192
82 78
*These figures are subject to change pending a hard inventory of field office to be conducted in October.
4, 139 3, 481
S /
S 5 ~ S S ~ *~~S S S~S~ ~ - -,
PAGENO="0022"
18
STATUS OF CHARGE RESOLUTIONS (ACTUAL)
Kansas City Region
New York Region
Boston
Buffalo
Newark -
New York -
Philadelphia Region
Baltimore
Philadelphia
Pittsburgh
Washington -
San Francisco Region
5,301 2,720 722 764 1,095
160 165 535
173 122 79
138 235 231
251 242 250
193 340 190
173 84 491
489 237 158
172 488 87
10,437 6,336 1,809 1,531 761
Mr. HAWKINS. On the last page of that statement, you indicated
the status of the `resolution of charges. On page 3, you indicated that
some 62,2~8 had been resolved, of which 32,792 were resolved by ad-
ministrative closures. Could you give us a little better breakdown of
those' administrative closures as to the number. Were those deferred to
~State and local agencies or how many had been closed' because of the
expiration of time ~ My understanding is after a certain length of time
if the litigant is not identified, that case is simply dropped. In other
words, we would like a little better knowledge as to how the 32,792
administrative closures were actually closed.
Mr. PERw~. I don't believe we have it immediately available for you
as, far as the breakdown as to what notification procedures were
implemented.
[Charges resolved through EEOC district offices in fiscal year 19751
Total
resolutions
Administra-
tive closures
No
cause
Charges
conciliated
706 agency
closures
Atlanta Region
Atlanta
Birmingham
Charlotte
Jackson
Memphis
Miami
Chicago Region
Chicago
Cincinnati
Cleveland
Detroit
Indianapolis
Milwaukee
Dallas Region
Albuquerque
Dallas
Houston
New Orleans
San Antonio
10, 637
6, 763
1, 504
2, 352 18
2,607
1, 240
1,448
1,410
1, 734
2,198
1,816
739
1,110
403
1, 022
1,673
334 ,
186
112
312
410
150
457
315
226
695
294 8
365 10
11, 725
6, 479
1, 590
1, 744 1, 912
3,378
794
2, 570
2, 076
1, 675
1,232
2,070
494
1, 589
723
954
649
636
137
387
74
249
107
516 156
105 58
398 196
192 1, 087
420 52
113 ` ` 363
13, 045
4, 770
4, 845
3, 320 110
2,418
2,513
2,857
2, 822
2,435
982
820
1,143
1, 187
638
615
1,102
1,104
964
1,060
711 110
591
610
671
737
4, 659 2, 332
Kansas City
St. Louis
2 473
2,186
1 324
1,008
3 6
497
451 342
681
853 1, 132
342
1,985
632
1,072
1,612
1, 125
258
468
869
6,494 3,392 1,027 1,149
1,692
1,266
1,589
1,947
969
518
705
1,200
926
Denver
Los Angeles
Phoenix
San Francisco_
Seattle
2, 379
2, 697
1,060
1, 812
2, 489
1, 120
2, 093
406
1, 064
1, 653
455
274
288
309
483
346
278
366
317
224
458
52
122
129
Commissionwide
62, 298
32, 792
12,350
11, 992
5, 164
PAGENO="0023"
19
Mr. HAWKINS. We understand that 25,807 w~re deferred to State and
local agencies and that 5,904 were administr~tively closed. At least
that accounts for some of them. The rernaihing ones are those in
question.
Mr. PERRY. Maybe I could expand on that. ~in a calendar year basis
we have an arrangein~nt with the deferral agencies and the figures
which you have reference to covered the first 6 months of 1975, when
there were over 25,000 charges which were deferred to these agencies.
Of that number there was a return to us from the State and local agen-
cies of about 8,000 charges~ and we accepted i~oughly 6,000. Approxi-
mately 2,000, and had to be reinvestigated by~ EEOC. The State and
local agencies retained most Of the remaining ktharges, which are still
in their possession. We have not reasserted jurisdiction.
Mr. IE[AwKIN5. After a certain period; is it ~orrect that some of the
cases are closed because of the length of time they have been pending?
Are they closed automaticafl~r without any particular indication as to
whether or not the case has been satisfactoril~ handled or that relief
has in some way been obtained?
Mr. PERRY. It is my understanding that ditiring the course of the
past fiscal year when we were unable to get in touch with charging
parties fo.r som.e reason, maybe because they had moved but left no
forwarding address, there were instances wh~n the charges were, in
fact, administratively closed.
But it is my understanding further, that in all cases where the
charging parties' interests and their claims were to be protected, these~
interests were protected and their charges were not closed in any
arbitrary manner.
Mr. HAWKINS. Is it a matter of pohc~ to ~tutomatically close a case
which has been pending for a certain length of time?
Mr. PERRY. ~o, it is not.
Mr. HAWKINS. With respect to the elimination of the backlog and
I am not pressing for just the statistk~al limitation of cases. I'm try-
ing to ascertain whether or not the cases are being reasonably handled
and are not being closed without any particijilar reason. Would the
issuance of right-to-sue letters as to all charged over 180 days old help
in any way to eliminate the backlog? What is! your opinion as to the
issuanëe of these right-to-sue letters?
Mr. PERRY. We have been issuing these rig~ht-to-sue letters where
no `reasonable cause has been found by the i~ivestigation. We auto-
matically forward those letters at that point~ I know there is some
discussion as to whether the law requires us to issue the right-to-sue
letter after 180 days, but the courts have held that 180-day require-
ment is not mandatory. That doesn't mean ti~iat ~vhenever a request
is made by a charging party for such a letter,! we wouldn't issue one.
Mr. HAWKiNS. At the ~nd of the 180 days d~ you in any way notify
them of the availability of a letter if they req~iest it?
Mr. PERRY. Not on our own motion or as a n~iatter of course.
Mr. HAWKINS. So, the charging party wouidr4't-*-~-'-
Mr. SIBAL. When there ~is a. failure of con~iliation or no cause is
found, the charging party is notified.
Mr. HAWKINS. That could be a long time, 1 ~r 2 years later. So the
charging party wouldn't know in the interin~ that the right to sue
had been available. Would that be. a true statement?
PAGENO="0024"
20
Mr. SIBAL. Yes, I think that is a fair statement.
Mr. HAWKINS. On the question of monitoring, we have had other
conffictiiig testimony from various enforcing agencies as to this ques-
tion. Could you elaborate a little bit, Mr. Perry, as to the extent that
there is agreement to being monitored by EEOC and just what per-
sonnel resources are involved in the monitoring of conciliation
agreements?
Mr. PERRY. For the. first time on a systematic basis there is a de-
finite allocation of resources for monitoring conciliation agreements:
3 percent of our fiscal year 1976 budget will be allocated for this func-
tion. In each district office. we will have a~ specifically assigned re-
sponsibility as it relates to the monitoring of conciliation agreements.
In addition, the General Counsel's Office is involved in the litigative
aspect of monitoring conciliation agreements.
Many of the cOnciliation agreements are self-executing, and in
those cases the need for monitoring is not present. But in. those cases
where continued monitoring is required, then responsibility will be
pinpointed in each district office.
If a respondent fails to abide with the terms of the conciliation
* agreement it is brought to the attention of the General Counsel's Office.
We have four cases in the courts right now which go right to the ques-
tion of failure to live up to conciliation agreements. I think the in-
creased monitoring on a consistent basis will better enable us to protect
our administrative processes. We certainly don't want to be in a situ-
atiOn where companies and unions will pursue conciliation agreements
thinking the necessary monitoring is not present~ thereby providing
the. simplest way to escape compliance with title VII.
Mr. HAWKINS. The Civil Rights Commission's report was quite
critical of EEOC's failure to monitor reconciliation agreements and
recommended that at least 25 percent of the agreements should be
routinely reviewed, keeping in mind that this refiocth periods of time
during which you have not been Chairman~ but reflects a criticism of
the past administration.
Howe.ver, what would be your reaction to the question of routinely
monitoring a certain number of conciliation agreements as the Civil
Rights Commission suggested?
Mr. PERRY. I think our current approach will cover 25 percent of our
conciliation agreements, which will represent an increase in the num-
ber monitored.
Mr. HAWKINS. Have you any idea as to the percentage of concilia-
tion agreements which would be routinely reviewed?
Mr. PERRY. The 25 percent figure. We had 7,000 successful concilia-
tion agreements reached during the past fiscal year. I think 25 percent
would be a reasonable figure.
Mr. HAWKINS. Specifically with two of your settlements, A. T. & T.
and Steel, what type of monitoring did you undertake with respect to
them?
Mr. PERRY. As yOu know, other agencies were involved in those set-
tlements. There is a monitoring factor involved in the situation. We
would have to distinguish between the two agreements to determine
`what stage of the monitoring each is in.
As you know, the steel decree is still being challenged in the courts
per Se, and from what I understand, there has been some significant
PAGENO="0025"
21
success in monitoring; there have been 3,000 wç~men placed as a result
of that agreement.
Mr. HAWKINS. Do you have personnel assigtned to do monitoring?
Mr. PERRY. Yes.
Mr. ITAWKIN5. Do you know offhand how ma~y persons are assigned
in these two areas?
Mr. PERRY. I don't have the figure.
Mr. HAWKINS. Would you furnish us with sp~cificaliy the number Of
personnel that have been assigned to the monitdring of these two com-
panies, A.T. & T. and Steel.
[Material requested has been inserted at conclusion of EEOC
hearing.]
On page 10 of your statement you indicate you are not in favor of
a proposal to consolidate the various laws ,and~ Executive orders out-
lawing discrimination in employment and you~ make some defense of
your statement. Many enforcement agencies haire appeared before this
committee and presented conflicting interpretatiOns of the law. There
are very distinct differences in guidelines. I doij't need to tell you that
some of the members of this subcommittee are `v$ery critical of the com-
plexity and confusion which prevails because of the multiplicity of
approaches on what seems to be the same prol~lem. You indicated in
support of your views, that the cumulative effect is to advance the
cause of fair employment.
Now, because some of us take sharp issue witi4 this, I wishyou would
elaborate on it. It seems a lot of agencies have a~lack of credibility and
that `is an understatement. You state there is~some interchange; we
have not found that there is, much interchang~. You indicate strong'
efforts are being ma4e by the Coordinating ~Council; we have not
found that to be so in all our investigations. ~s a matter of fact, we
have had members indicate their lack of enthus~asm in the work of the
Council.
I wish you would elaborate on your position.
Mr. PERRY. Certainly, I would like to back u~p to the time when the
Civil Rights Commission issued its report on eitrtployment discrimina~
tion, in July of this year. I was asked ~t that time by the media
what my reaction was as to the creation of a su~eragency. My reaction
was that since I was just coming aboard and liked the challenge of
my assignment, I would not favor the abolislim~nt of the agency I had
just been appoined to head.
Mr. HAwKINs. May I interrupt to say the suggestion has been made
that the agency could be the EEOC and nolt the abolition of the
EEOC. As a matter of fact, the Civil Rights Commission, in confer-
ences with the members of the sub~ommittee, indicated they were con-
sidering a consolidation. In your letter of res~onse to questions pro~
posed by the subcommittee, you indicate what you would think of not
only a superagency, which is not being advocate~d, but one which would
consolidate the other agencies with EEOC and thus not eliminate the
agency which you now head.
Mr. PERRY. It. is my feeling that when you do have a diversity of
approaches to the question' of enforcement of equal employment op-
portunity, and civil rights `laws in general, here are constant re-
minders to employers, unions, and employme t agencies concerning
their legal responsibilities in this particular a ea.
~ ~
PAGENO="0026"
( 22
With that, I would think there is a cumulative effect. I certainly
concur there must be great coordination, much greater than in the
past. I would like to address myself to some of the more recent efforts
of the Commission. I might say I am going to do everything I can to
make the Equal Employment Opportunity Coordinating Council
work, but when one of the members of that Council has said the Coun-
cil itself should be abolished, I am concerned as to its impact and
how effective it will be.
For the first time the actual principals as outlined in the statute
have met together and we are scheduled for another meeting on the
25th of this month and on October 1. We are going to try to establish
some deadlines. If we are unable to reach some conclusions with this
type of approach to our responsibilities, then perhaps I will be coming
before you again and stating my faith has been somewhat reduced. I
think it would be less than a display of good faith to have any other
attitude, which is that we are going to do what the statute says we
should do, the coordination of activities.
Mr. HAWKINS. Let's put it in a practical view as to some contro-
versial guidelines regarding higher education which today are being
addressed by the Department of Labor with the possibility that drastic
changes might be made in those guidelines which would affect the
EEOC and some of the other enforcement agencies.
Do you believe this issue first should be submitted to the Coordinat-
ing Council before being published for approval publically? Do you
believe this type of an issue is one which should be handled by the
Coordinating Council? Is the Coordinating Council capable of per-
forming its function properly in carrying out the law?
Mr. PERRY. I believe where there is any inconsistency in the approach
of Federal agencies, then we should attempt to coordinate our enforce-
ment efforts. However, it is my understanding that no action of the
Coordinating Council could lessen the statutory responsibilities of a
given agency. I think it should be a forum where various views can
he exnressed and attempts are made to arrive at mutual agreement.
But I don't think with any one issue, such as higher education, com-
plete agreement will be possible (because there are so many complexi-
ties). I don't believe the Coordinating Council can come up with a
document which will prohibit any particular agency from performing
its function.
Mr. HAWKINS. If each agency can go out with publication of guide-
lines which might be in conflict with another agency, there is no co-
ordination. Then you are simply using the phrase, "Coordinating
Council" because it sounds good.
Mr. PERRY. It is my opinion that there is a common posture which
could result from this situation. What happens I believe is that Deople
who are dealing with the Government like to point to these differing
views as an excuse for noncompliance, but I think some kind of çom-
mon understanding or common posture can be achieved, although some
of the specifics might be in disagreement. Such a common understand-
ing might result in better performance.
Mr. HAWKINS. Do you think that members of the Council should
recommend or urge other members of the Council to bring such matters
before the Council before guidelines, which may be in conflict with'
their own policies are actually published. So the effect of guidelines
PAGENO="0027"
23
issued by one member would not be working at~ cross-purposes with the
guidelir~es of others. Do you believe that you, ~s a member, should urge
that be done?
Mr. PERRY. Certainly it could be urged, but I don't think that ulti-
mately there is a specific requirement to doso.
Mr. HAWKINS. In other words, in this specific instance, do you con-
template you will take any action?
Mr. PERRY, Individually?
Mr. HAWKINS. Yes, as a member of the Coi~ncil, d~ you think your
agency will take any action in trying to ai~riv~e at common guidelines
with respect to higher education, as it affects e~pial employment oppor~
tunity enforcement efforts at the various ager~qies~including your own?
Mr. PERRY. Certainly I would say if we felt it would be in our in~
terests to arrive at common guidelines, we would in fact urge it. If
not, we would have to respond accordingly..
Mr. HAWKINS, In stating that you are not at present in favor of
consolidation, may I ask if that is your in4ividual position or the
position of the Commission as well as the position of the administra-
tion?
Mr. PERRY. My individual position. Let m&say that certainly there
are many things about the consolidated effort df which I am personally
in favor.
For example, if one views it from the stand p~oint of the EEOC, I can
look downstream and see us moving towards a cease-and-desist situa-
tion, or toward the superagency approach. I~ want to point out why
my present position is such. In 1972, the law we administer gave us a
great chance to operate effectively, and we ar~ now at the point where
we are going to get some of the fruits of recent court decisions. I think.
you will see much greater enforcement and ~wareness of title VII.
The influx of c'hargee we are talking ahoi~t in a year or ~wo will
come about `as a result of public awareness ~f the statute; charging
parties feel they do have a chance for a betteil remedy under title VII
as amended in 19~T2. This law `has really mad~e a difference; great in-
roads are being made in eliminating employme~'t discrimination. How-
ever, `as I pointed out in my statement, it i~a's not been completely
eliminated, although there have been increa~sing gains made and I
can see further gains if the Commission cont4nues to operate as p~es-
ently structured. I would hate to think that thomentum would be lost
because of a brand new start.
Mr. HAWKINS. I certainly admire your lenthusiasm although I
don't exactly share your `optimism. I think if }we go `back into the rec~-
ord of these oversight hearings, almost the sanjie statements were'made
by your predecessors, but the committee will ~ertainly cooperate with
you to see that this statement comes true.
Let me at this time yield to Mr. Buchanan.
Mr. BUChANAN. Thank you, Mr. Chairman.
May I suggest you just cut me off at whate~rer time you feel appro-
pri'a:te because counsel `has prepared a serie~ o'f questions following
through on the earlier hearing to. ~hich theE Chairman has referred
and specifically the September 1974 hearings,~before Chairman Perry
and I appeared on the scene, but I do think i~ would be useful for the
record to get as many of these questions as pos~ible.
PAGENO="0028"
24
~Mr. HAWKINS. You go ahead. We can submit additional questions
by letter.
Mr. BUCHANAN. Before I begin with that, Chairman Perry, I would
like to publicly welcome you and express my enthusiasm at your
enthusiasm with the work you have undertaken.
* I have several concerns, `some of which the Chairman has `expressed.
It `seems we are not even off the ground in terms of equal employment
opportunity on an ethnic `basis. It would `appear. neither the public
`sector nor the* Federal Government `is truly an equ'al employment op-
portuthty employer. When you apply this to women, it is even more
evident.
`One could maintain the rest of the government h'as a white male
es'tablishm~nt and EEOC has a black male `establishment, Please
respond.
I notice you indicate in your `statement you were' m'aking an effort
to `do eometh'ing `about this situation.
Mr. PERRY; As it relates'to women, per Se, Mr. Congressman, I ven-
ture to say the trend of charges `by women could well exceed the race
charges over the next few years. If you look back, over the past few
years you could draw a trend line pointing in that `direction. Roughly
55 percent relates to race, and close `to 45 percent relates to `sex. But,
as I say, there is an increase in that direction which would `seem to
indicate women `will `be pursuing `thei'r rights under title VII in greater
numbers than do persons alleging ethnic discrimination.
Mr. BUCHANAN. Mr. Chairman, the primary objection of many of
the witnesses from the private sector who testified at the last EEOC
hearings' centered around the allegation that the EEOC was `using a
single charge to "get its foot in the employer's door" so that it might
go on a fishing expedition and expand the scope of the investigation
beyond the allegations directly made in that charge. On page 4 of your
response to Chairman Hawkins, you indicate that you would "limit
the scope of the investigation of certain charges when there is no com-
pelling reason for broadening the investigation." I am not certain'
from your language what you mean, nor am I certain when you will
limit the scope of a charge, nor do I see any criteria specifically out-
lining or authorizing the,procedure for investigation expansion. Would
you' kindly comment.
Mr. PEI~RY. I think the courts have held the view when investigating
a more narrow charge, where there is evidence of discrimination not
made in the original charge, there may, `be an expansion of the investi-
gation. I am aware that respondents might take the view that this type
,of investigation which you indicated, is a fishing expedition, as such,
but I think it goes back right to the point of what is discrimination,
and.how discrimination is viewed.
I think the definition of discrimination has changed during the
course of title VII and our efforts under title VII. As the law is pres-
ently~ interpreted under the Griggs decision, one should look at the
consequences. For example, if we were going to investigate a company
* where there are 50 employees but only one black and it is in an area
that is 50 percent black, then certainly that would be a compelling'
reason to look at discrimination on a little broader basis than we ordi-
narily would. I think if we are ever going to come close to effecting our
mission, we will have to address ourselves to some of the broader
PAGENO="0029"
25
aspects of discrimination'~ T~at is not to say ~e limit the scope only
because the reasons are not compelling.
There have been aboi~it 250,000 individualj charges filed since the
Act's passage. If we restricted our efforts stifietly t~ resolving those
charges I don't think we could be repQrting the appreciable gains
which have been made under the statute.
Mr. BUCHANAN. In your interpretation and understanding of the
law and court rulings, would a race-based dharge justify a section
investigation pertaining to discrimination b~ sex?
Mr. SIBAL. The courts have permitted th~ e*pansion of charges pro~
vided the administrative processes are met, Ir~ other words, where the
investigation produced information which per~nitted us to find reason-
able cause in a broader based area we certainly ~an do it.'
Mr. BUCHANAN. Thank you, Mr. Chairman.
Mr. BENITEz. Will the gentleman yield for a moment?
Mr. BUCHANAN. Yes. - S
Mr. HAWKINS. Mr. Benitez is serving on a ~ubcommittee also which
is shoi't of a quorum. So, perhaps you will yidld to him for a moment.
Mr. BENITEZ. Mr. Perry, I notice that for the 1975 budget, 275 at-
torneys were authorized. How many of those have been appointed?
Mr. PERRY. The vacancy'rate now is approxifriately 15 percent of that
figure. We are in the process now of recruitin~. As you know, we had a
freeze on hiring, which was mandated by sorn~ financial difficulties the
agency was experiencing. Since early this year~ January and February,
there was a freeze on hiring which extended until July in the field, and
until September at headquarters.
Mr. BENITEZ. So the freeze is over? S
Mr. PERRY. Yes~ it is. And efforts are under ~ay to fill these vacancies.
Mr. BENITEZ. I notice in the statistics that your Spanish-speaking
employees' participation amounts to somethieg like one-fourth of all
minorities.
May I ask you how many Spanish-speaking~attorneys do you have at
present?
Mr. SIBAL. Excuse me just a moment. I thin~k I can find out for you.
We may not have that precise figure.
Mr. PERRY. In the litigation centers the bmakdown might give you
sOme idea. Of a total of 294 employed in our 1~tigation centers, 125 are
black which is .42 percent, and there are 27 S;panish-speaking Ameri-
cans or 9 percent.
Mr. STEAL.' If I may interject this, Mr. Cond'ressman, when I became
General Counsel two months ago, three of o~ir five litigation centers
had acting regional attorneys. We have now one acting and we have
made two of the acting permanent regional ttorneys; one of these is
Spanish-speaking and heads our San Francis o office. We are aware of
the need for more Spanish-speaking attorne s both in the litigation
centers and here at headquarters. That is a hig priority.
Mr. BENITEZ. Could you particularize and i entify how many, if any,
Puerto Rican attorneys or individuals with P erto Rican background,
you have among this group? . S
Mr. SIBAL. I can submit that information.
Mr. BENITEZ. I wish you would because the uerto Rican problem as
you have it in New York and other pJaees is in many ways quite
distinct from the Hispanic background, pers us of Mexican origin or
PAGENO="0030"
26
otherwise. In their case language is really a problem, often times as
far as litigation or discrimination is concerned and also as far as com-
munication is involved. I am very much interested in having these
facts because I can tell you that from past experiences, the Puerto
Rican employee today in the States, is the most defenseless person of
any category of minorities and this defenselessness turns out to be a
basic factor in many of the reactions, frustrations and distresses in-
volved. I would like to help and I would like you to help in avoiding
that sort of a vacuum which I think is in existence at present. I would
appreciate it very much if you could send me the data, and I would be
happy to cooperate' with you, if I am correct in my speculation in
assisting or helping to rectify this difficulty.
Thank you, very much.
Mr. HAwKINs. The question I assume is clear, Mr. Perry, is it not?
The' information will be furnished to the committee and the record
will be kept open so your response might be entered in the record at
this point.
[Information referred to follows:]
SSA-BREAKDOWN, HEADQUARTERS AS OF SEPTEMBER 29, 1975
Attorneys RA's Clericals
Appellate Division 2
Trial Litigation Branch 3
Litigation Services Branch 1
Pattern and Practice Branch 2
Total 8
SSA-BREAKDOWN, REGIONAL LITIGATION CENTERS AS OF SEPTEMBSR 29, 1975
Attorneys RA's Clericals
Atlanta 1
Chicago 1 2
Denver 6 2
Philadelphia 1 1
San Francisco 3 1 3
Total 12 1 8
OFFICE OF GENERAL COUNSEL-HEADQUARTERS As OF SEPT. 29, 1975
Appellate Division
Ramon Gomez, Attorney, GS-13, SSA (Chicano).
Juan Rivera, Attorney, GS-11, SS4 (Puerto Rican).
Litigation Branch (Trial)
Carmen M. Tsaknis, Attorney, GS-13, SSA (Puerto Rican).
Richard Qalvan, Attorney, GS-12, SSA (Chicano).
Raymond Baca, Attorney, GS-12, SSA (Chicano).
Litigation services Branch
Jose Mora, Attorney, GS-12, SSA (Chicano).
Pattern and Practice Branch
Sylvia Sepulveda, Attorney, GS-14, SSA (Puerto Rican).
Luis Chaves, Attorney, GS-13, SSA (Puerto Rican).
ATLANTA
Richard M. Vega, Attorney, GS-14, SSA (Puerto Rican).
PAGENO="0031"
27
CHICAGO
Daniel Flores, Attorney, GS~-12, SSA (Chicano).
Mary Ellen Moore, Clerk (Typing), GS-5, SSA (Chic~no).
Susan Gonzalez, Clerk-Steno, G~-5, SSA (Chicano).
DENV1O~
Peter Sanchez-Navarro, Attorney, GS-15, SSA (Chic~tno).
Francisco Flores, Attorney, GS-15, SSA (Chicano).
Ralph Torres, Attorney, GS-13, SSA (Chicano).
SylvianRoybal, Attorney, 05-13, SSA (Chicano).
Douglas Vasquez, Attorney~ GS-12, SSA (Chicano).
Robert Romero, Attorney, GS-12, SSA (Chicano).
Aletha Mora, Secretary-Steno, GS-6, SSA (Chicano).
Elizabeth Sanchez, Clerk-Steno, GS-5, SSA (Chlcano~.
PHILADELPHIA
Uarain Figueroa, Attorney, 05-14, SSA (Puerto Ric4tn).
Julia D. ~layon, Eeception~st, GS-14, SSA (Puerto R~ean).
SA~ FRANCISCO
Francisco Cancino, Attorney, GS-15, SSA (Chicano).
Juan Sanchez, Attorney, GS-13, SSA (Chicano).
Carlos Ynosiroza, Attorney, 05-13, SSA (Chicano).
Connie Baiza, Research Assistant, 05-5, SSA (Chicano),
Estella Flores, Clerk-St'eno, 05-5, SSA (Chicano).
Judy Brice, Clerk-Typist, 05-4, SSA (Chicano).
Valentina Avila, Clerk-Typist, 05-4, SSA (Chkano).1
Mr. I~IAWKINs. Mr. Buchanan.
Mr. BUCHANAN. Several major TJ.S. employprs against whom title
VII charges had been filed have asked that we ascertain for them
whether or not the EEOC would allow the total withdrawal of a
charge if the employer and aggrieved employee had reached a settle-
ment amicable to both parties. Therefore, I *ould like to ask this
question of you: If an employer and employee enter into their own
legally binding conciliation agreement whereb~ the employee is fully
satisfied with the settlement, will the EEOC all~w that charging party
to withdraw his charge and administratively~ close the file on that
charge?
Mr. PBRRY. In ~some circumstances, the Conimission might permit
that withdrawal, but we can foresee where the~ Commission wouldn't
be in favor of doing that. In fact, one of the things which we have
to guard against in all our agreements are those charging parties who
come to the Commission for remedy or redress. We have to be mindful
there might be other parties in the same predicament. Therefore, we
have to determine what constitutes an agreemeiit which is acceptable.
I can foresee circumstances whereby the Comn~ission might not be in
favor of every agreement reached between an~ employer and an in-
dividual charging party. I don't have any statistics, but I think that
this would occur in a minority of circumstances.
Mr. BUCHANAN. But there might be other circ~umstances which could
be considered, you have indicated, other than 4~greement between the
two parties.
In cases involving a single charge case, wher~ an employer and em-
ployee reach an agreement, you would not neces~arily be bound by that
agreement, although in most cases suëh ag-re~ment would probably
stand?
PAGENO="0032"
28
Mr. PERRY. But the Commithion, I might indicate, would always
have another avenue to pursue in those circumstances; we can file a
Commissioner's charge against a given company in the absence of any
individual charging parties.
Mr. BUCHANAN. I don't know how you achieve the balance between
what becomes harassment of a few individual corporations and what
is necessary to achieve the goal of your agency and the mandate of
the law. It is very difficult.
Mr. PERRY. Rather a tough balance in many circumstances, I am
sure.
Mr. BUCHANAN. Mr. Chairman, in viewing the charts which you
have provided us concerning the number of charges closed by State
agencies, I note that the overall effectiveness of the agency closures
has proven to be minimal compared to the number of charges referred
or filed with the Federal Commission.
To what do you attribute the poor track record of 706 agencies, if
you would agree it is a poor track record.
Mr. PERRY. If we are going to improve our performance, certainly
one fertile area for improyement is in the area of 706 agencies.
As you know, the increased funding that the Commission is about to
receive in this area certainly should be helpful. We are trying new
approaches in our contracts with these 706 agencies, which are based
- ` directly on productivity. We plan to monitor their productivity in the
near future. I might' indicate that we have asked for bids and are
abOut to award a contract to an outside auditing agency to see if we
are getting our money's worth and if this money is being spent by the
706 agencies in the fashion that was agreed to in our contracts with
them.
Mr. BUCHANAN. In the testimony presented before the' subcommit-
tee in September 1974, witnesses from various 706 agencies through-
out the countr~y complained that EEOC was not doing certain things
that they felt they should.
`One was not providing a standard set of interrogatories for a uni-
form investig~tion; (2) sufficient technical and legal assistance; (3)
proper monitoring to determine the progress of the 706 agency'; and
(4) was not according the State agency substantial ~cight or in many
instances any weight in its determination of a charge disposition.
1 wonder if you would respond to ea~ch of these `allegations.
Mr. PERRY. Let me go backward on this.
I think the records indicate that we have in fact accepted, the in-
vesth~ations and results of investigations of .706 agencies approxi-
mately 75 percent of the time, which is an appreciable amount.
As concerns the monitoring aspect of 706 ag~neies, I have already
pointed out that we will monitor what these agencies have promised to
perform under contract. However, it is a two-way street and certainly
we will have to monitor our `own promises to those 706 agencies as well.
As for legal assistance to 706 agencies, I might say that we are drop-
ping some of the training funds that we had provided for training
purposes to 706 agencies but we hope to resume such technical assist-
ance during the next fiscal year, which would include some legal
assistance.
With regard to the first part of your c~uestion relating to standard
interrogatories, I do think we have an obligation to provide some of
PAGENO="0033"
~da~ç1s 1~Q~ ~ j~
HoweVer, I am surprised ~ha~ ~h'ese a~g~nc*~
iui~n~y 4~n~s th~ ~i Qb~ ~ ~
~u1d~oru1iic~ the~ ~ 1
tb~1~ss~, I wo~$~i ~ ik1~at W~ ~I~LQ14~I ~P1~1
~~tç~a ~t~$~d a Q~Lc~1~ ~ntbei~vem
Mr~ TCI~14N4~ Y~ii c~idr pph~* ~
tr~uu~g ~choo1 Eor inve~tig~tor~ w~I~eh h~b
ni1e~p~I~it.
~fr. ~ Yes.
O~e of t1*~bM~ t1~ii~I b~c~rn~ yQ1~ed~
a s1~pensiQn $ ~ur t ~ Let~iie
I ~ 1irn~ be1~ver in tDa~uDg~X aip ~1so ~
~that is relevant and bene~cia1t~ Q13t. oyer~ii ~
tbi~t t1~e tra~ni~g a~ th~i~ ~pnü~t~d wasii'~ i~
w~s. needed to ~ve ti t~oi~w~ai~ee, 1q~
~titie YIL
Within th~ t~öel~ or two, I~ã~eäutiy~
~ pr~sent~tion on the i~sne .ç~f ~r~e~e~d qrn~
tr~inia~g to t~e ~ornni~si~ ~ ~ iol~, ~4
oura~i4~ng ~Q~ts then otlybh~rea~r.
Th~re is no questii~i that~ the ~WDJ~ ~ 1~lu
field~ It is chine i~vi o~r 3~ district oflices,
co~ffl~tor~ wJac~ hi~yii~g iTiniry coiitac1~ wit
determine what kind of credibility thi~ ~genpy
curricuiwn that will instill the ldncl o~ pr$o
ir~ O~1rinvestigatQrs apç~l cO1i~LtQX~,
~r. Evc ~ a]~or~ç this: lin~,4h
whidli is~4ic~te4 th~,t ~ QW~4L
$1 iiU~x*i in gr~nts~ t ~u~rsit~ ~w
assist~nce organizations to tt~am law ~tudet
~r~4tr~o~ ~tithi VII. La!w~ I w~n4e~ i~f ~ii~ ~
ijàt b&of g~tev ~t~ge tø th~~oinn
ppos~~ titl~ VII t~ ~dt~i~ ~ 4&~
~nd~ tr~hii~iig jrour E~/wn ni stigaftqE~ r~Iie~
at~ 1iart~ ~o~d t~it~gatio~iin what app~
Mr~ ~ W~ w~d4 love to c14 both~ 1~i~
b~r i~s v~t~y~ irt~nf1~ ~ ~ ~1~iii~1~ t1
e~lb~ li~ tt~ithi V~ ~i~e~ll~
s1rwith1~ ~~tur~m ç~r ~er~itØ de~pm
our own capabilities. I ~o ~ we
~ p~t i4i~tor~ ~ ~
and, as I indicated, this will hap~$n once th
sonI~ tithe i~ thei~e~tf~~ ~ ~
~ TO~1$~ `~e4, ~~tly th~ ~
~urther develop th~ private bar 4i~~~ng
i~a~l ~sMst~n~ ~ ~
~nd tr~ni l~ie*~ ktL *~s st~1 ~ ~py s
b~c~n abl~t~ dk~. Tb~resti~i 4r~n~t i~3atv
ii~ t~tIe~Yfl ~ I th.iflk ~ of ~th~ ~$
g~igtø len~l ~ttrI~ ~fi~ tithiV
1v~ ~I~vs ~9n~
~1~I~; s~iiie d!~çWotiQf{ ~s~t
f~øiZ~.
~:
at th~ ~i~~idii ~a~s
)QlIi~t O1JI tli~t ~t~piiØ~
ri1~Y~r ~n tl~alnin~
t~ssion i~ wa~ ~ny view
1dx~g ~ ~j' 1~Ain that
~
~tr I ~ki~t~g
~prpc~4h of~the~iss~ie ~;t~
p~fui~y i~4 w4~. re~~
4c~ p~ the
ithe~$t~g~tp~s' ~nd
the Qnde~it~, ~4LU~Y
[~u~s Thtis~ We
ib~ia~U~i thaf é~d
~ r~ta~14e~e
~e~4i~g~df ~
stnd~t~ ~1~f~ip, ie~a1
~ a;~MtQ ~n
çi~iw ~t woul4 ~r would
)I~*i~diu1~r~ witlith, ~s
ai~s in ssgl~s
~ ~r~1~r
l~eaii~ ~v~pw~Led
tbe de~t4opnieu~ o~ t~e
çqibi~ th~41tl~e
been sif~ça~4~ we
it i~~r4~r1ireugtlie~
l~L d ~4tely strengtli~n
~r ~Qan~I Lnee. ~ere~nei
tr~$~j~e~nter ~
~a vo~e&, 4~ ~ whole to
~w4g~ya~d.
~ed to z~4ti~t chnios
:~~sted~i~ t~e
PAGENO="0034"
30
devèlôpthent of more private attorneys familiar with and interested
in takirLg On title VII cas~s.'
I am sure that with some of the: recent court decisions there will
be `mOre reason for the private bar to get involved in title VII litiga-
tion. The question of back pay has been thoroughly addressed by the
courts; they have found that where a person is discriminated against,
regardless of the good fajt'h or bad faith of the respondent, the ag-
grieved person should be awarded back pay. I think such decisions are
going to encourage many people from the private bar to take a greater
role in title VII litigation.
All these things I think are going to contribute to better enforce-
ment, sO I agree that we should put funds. toward training EEOC
compliance personnel, but we also should allocate funds to the
development of the private bar as well.
Mr. BUCHANAN. I would just say this word of caution. In my con-
gressional office we hand1~ a number of constituent"cases. I think 700
or 800 individual cases, social security, black, lung, and so forth, and
with all due respect to the legal profession, it just really saddens me'
* when I see the number of those cases in which the person who has a
problem with social security or with HEW. is paying a lawyer some
percentage of what he ultimately receives when my office in most
instances could act without the assistance of private lawyers to help
th'at'person with his problem. From the point of view of the charging
party, there is,asubstantial difference between free service from EEOC
and paying a lawyer a' fee to do a job.
Mr. `Pinnv. I think our main interest ir~ the private bar is to estab-
lish a growing body of law in the area of title VII enforcement. When
we intervene in cases that are brought by private attorneys, it is to
advance Our" interest because we believe that the resultant court inter-
pretations will ultimately' help charging parties who come to the Com-
mission for redress.
Mr. BUCHANAN. Mr. Sibal, the committee has received complaints
from employers who alleged that after a charging party had ob-
`tamed `~ right-to-sue letter' and obtained counsel, the charging party's
attorney in investigating the EEOC records concerning that charge
was offered the opportunity to look at other charges filed against the
same responding employer. `Section 706(b) states: "Charges shall not
be made public `by the Commission," and further that "Nothing said
or done during'and as a part of such endeavors,'? to investigate and
conciliate, that is,'.may be made public by the Commission, its officers
`or employees, or used as evidence in a subsequent prQceeding without
the written consent of the persons concerned.
If this allegation is in fact true, does not `this practice violate rather
directly section 706?
Mr. SIBAL. I prepared an answer for this. If I may, I would like to
read it, because we anticipated this question, and I would like `the
record tobe quite precise on this `issue.
Charging parties and their attorneys areS granted access to'the fii~s
developed in the investigation of charges against a particular respond-
ent' and `may be granted access to ~any like or related char~e filed.
against that same respondent. These files' are sanitized before access
is' granted, which means that materials such as statements of witnesses
PAGENO="0035"
31
pr&mised anonymity, cónèjliation m~tetiais, s~
et cet~ra, are removed from the files,
* The EEO-4'r~port on the respondent remains
is granted. I might say, parenthetically, of ~onr~
prepared the EEO-1 report and presumablyha~
own files.
The charging party and/or his or her attor
fi'denti~dity statement before access is granted,
the materials public. Access is `granted to the ~
attorney only upon the condition that the ch~
contemplating litigation of the matter or is ad
the charge. Aliowi'n~ a charging party access t
and to the ~EO~-i report: of the respondent ag
was file4 does hot breach the confidentiality pr
and 709 of title VII, Those sections provide thai
not make public the charge, anything said or
ciliation, or information obtained from the El
the `courts have held that the charging party i~
public for purposes of Ttcce5s to the files to detern
his or her title VII rights in court. There is a
know if you are interested in the citation, bu~
Com~pcuy v. EEOC, 5 FEP 405.
The Commission's policy of allowino~ access
above stated conditions assures the eon&lentiali
is e~nsistent wit/h both Congress and the eotp~ts'
parties' roles as px~ivate attorneys general for ti
VII. It is also a means of helping ~harginig p
rights in court since the Commission can only]
suits in which conciliation failed,
Recognizing charging parties often do not ha
to pursue their rights, and the title ~S7II bar is ~
to the information in the Commission's files oft
* charging ~artie~ to obtain counsel. This poliôy:
the Commission s program to assist/in the traini~i
title VII work through the funding of clinica
programs'.
Mr. Buo~iAN~i~. Well, so far as ~he agency i~.
attempt to lean over backward to assure the: righ
or is there an element in. it of promoting class ac
follqwrng of this~ practice?
* Mr. Si~&i4. I couldn't honestly say at this point/
Mr. BUOHAN~N. It would `tend to have that
/ Mr. SIBAL. It wohid seem fo me that it ndgb
effect, but, certainly speaking for my~elf, 1 thin
careful in terms of promoting litigation and if t
* ad4ress myself to/that. I have just begun, to be a
to be perfectly honest with you.'
Mr. Bucn.A~AN~Thank you. I ha~re one mare;
will be glad to wait. Ihave had the floor forever.
Mr. / HAWKINS. Mr. Perry, getting b~ek agair~
* Councii, may I ask y~O~ what success yOu ha~eh~
* memb~rs of the Coordinating Council to accept
of discrimination? That `seems to be what all'th~
afl! reccunmendatiOns,
in the file ~hen a~ce~s
e, that the respondent
a copy of that in his
~iey must sign a con~
~romising not to make
~arging party and the
~rgthig party. is either
~uaily in litigation of
the inirestigatory file
jhst which the charge
Wisiofls of section 70G
the Commi~ssio,n shall
done during the, con~
~O reports.' However,
not a member of th~
tine whether to pursue
~ase in point~-I don't
~t is Ii, `Kes&Zer and
to the' files under th~
by of the material and
breatment of charging
e enforcement of title
arties to pursue their
)ring. a po'i~tion of theç
T$ the financial meaii~
~ill a small one, access
~n makes 4t easier for
,s also consistent with
g of the private bar in,
~and legal assistance~
concerned, is this au
:s of charging partie~
~ion ca~es through the
effect,
t very well have that
we have to be very
~1at is the~ effect I will
vare of this situation,
Mr. Cha~n~n, but.I
to th~ Coordinating
d in getting the other.
bhe G~iggs' de~nition
se agencies are about.
PAGENO="0036"
Have~~n ~bie to get them to 8~x~pt~the ~a~t~e ~e~b~ition that
you operate under?
Mr. Pi~i~r~ ~N~t ati this pth* Mr. Gh~innan. ;TJ~ g~iITs, if I can
refer tothe~m a~s g~~ins o~the Oouuoii at this p~nt~have been that wor4
the ~membe~s agree. on oced~ur~, that we ar~ going tt~ have thQ
interest of all the principals, and that we are going to address su~
stantive matters, i~xcluding a cornn~on~ definition Qf~ scriminsition
under the ~ decision but I: couldn't re'port ~t this poiñt-~-~
~ ~ It~seems to methat is the most substantive of ~1l of
the is~u~s an4 if'th~y ean't agr~e on that, I fail to see that your enthu~'
si~sm for th~ Cou~i~il isdefensible.
Mr P~Uff It is true that tins is the most substantive issue
Mr. 1 Wi~m~s~ What about the ~uideiines foi' s~niority that wcr~
previou~iy: 5i!brnitted t~ the Council for its reVieW~ What has liap~
pe~icd to th~e ~`id h~s the Co6r~i~ating Council ta1~en any action o~i
them? ~ the Councii~ djscus~ed the matter of senior1tc~?
Mr. P~Rni~'. No, that question has~ot been discussed As yOU know,
It is before the Council, but since the issue was.refa~red to the Council
we ha~~e a~ked for certiorari in theJerse~, Po~e~ case; which addressee
~tself to so~ne 9f ~ questions raise& in the';seniority guidelines and
perhaps it ffiig~htbe ben~ci~l-~~-
J~{r. JIAWiW~TS. Was that action taken by the Oç~micil, or ~as that
s~tion ta1~enby ti èCómnds~icin thatyon head? . . :
Mr. Pi~i~*~ Oh, it *as ts~ken by the EEOC~ S
~Mr. HAWS. That ws~s not a Coordinating Oouneil action?
Mr. Pi~ar. No.
Mr. ,T1A*z~t±~s. I ani trying desperately to 6nd o~t *hat the ~
ordinating Council ~has beei~ doing. I commend th~ EEOC for what
it~ ba~ 4one. I. t~hinl~ it has been leading in a way and 1 an~ not eo1n'~
mcmcthi~j ~or~ ~without ~oe~tiozi, but the (~o dilseMns to have
been dome p~a~tacall~ n~thb~g
~[ hairen tbecn able to find ôutye~t what It has'been doiu~.
Mr ?Ernp~ Well, from a st~bsta~ntwe standpthit I ce&t pnint t~
any con~iisith~. ~sa~4fti~ ~n~fra~ t~àbasad o~ the fact that
w~ha~v~ agre~. to ~pu~reiie e~q~txe~tidns. As youkno~, we hav~ a
couple o~ ~ssues before the Council but~no, I can't point to any-~-
Mr. W~th~'s. ~id ~ und~rstand y&ir anSwer to my ~ue~tion about
iether the Issue of a rule change m~ard5ng affirmaffve action of
higher educa1~ion; w~ that it wou~d be: discussed in the ~Coordintin~
Council? Do you intend to, ask that it .1~ disc d,~r mer~ly to wsiit
until the new prQpQSCcI ~uide1 a~e pubiished~' 5 5
Mr P~rnw Well at this j~oint Vhad notinterided to ask that it be~on
the,agenda ofthe dov thi~tin~ Council. S S .
Mr~ BA ~1I~s I have heard from several district directors, as a mat~
ter of faet~ ~t~e~re has teen some, t~stiznony that district directors are
~iinable tO .iñ~po~e a'produictioh s~h~diile on their e~~loyees~ and some
co~npiained that this operates against reduci~ig some of' the caseload
because you `have a' few lazy production eni~ployees- that not1*~g
can be doae~abou~t it. Could yon advise us as to whether or not a dis~
üict director is in ~a positirni t~ impose any production schedules on
his.or her employees?. S
Mr. i~nr~. I would like for my executive director to talk t~ that
joint. . 5 5 5 . S
S ~ `~S 5,
PAGENO="0037"
1~fr, HAc~ri~rrks, ~irt~1 ~ . ~ ~ : ~ ~ I ~ ~ ~ ~
Mr. MAT1~TS. I have teen involved in some d1~cu~~1o~s with respect
to the applicability of prothiction standards as su~h to t~h~ kinds of
aotivitieS which we carry on ir~ our district oft~es. We do not at this
point have what y~u might refer to as production ~andards for the
people whO investi~te and conciliate chai~ges. ~ ~
We do, however, `~tèst the authority with thos~ district di~c~ors and
it is within their managerial judgment to assign wont to those 1)eople
as they see fit for the pnrpdse of getting proper prothiction Qtit of them.
We hitve not at this point established ~ acros~th~-board productioci
standard as such for work assignments.
The nature o~ the work is such that many inv~stigations may be rela-
tively short and quick. OtheDs are quite 1engt1~y. The assignment of
work is an area that is within the managers' n4d the supervisors' au~
thority, as is followup oversight ~f subordinate ~rnployees.
Mr. HAWKfl~S. Can a district director actuajl~ insist on a~production
schedule for tb~ employees in th~ district oi~ce ~
Mr. MATInS. He has that authority; yes~ sir.
Mr. HAWKINS. Some .ba~ve complained that they don't. That is why
I was not sure of that. My understanding is a~ of March ~f last year
that' only one case on the average was being assigned to each, attorney.
is that a reasonable presentation of the actual situation?
Mr. SIBAL. Mr. Chairman, may I respond to th~at?
Mr. HAwE~Ns. Yçs.
Mr. SIBAI~. I had beeu aware wbeiu I took the ~jpb that this statement
had been made and I have looked into it. First 4f all, T think that that
conclusion ca~ as a result of what might hav~ been a fals.e premise~
It took the number of lawyers iivfrled into the number of cases and
got~ the average. Well, I might point out that we have a very sub-
staritial number of `lawyers doing appellate w~rk and amicus work,
briefing, and so forth. We also have within the actual Trial Litigation
Division `a certain percentage of supervisory la~yers who have a num~
her of actual trial attorneys reporting' to them `for guidance and who
are not actually themselves handling a ca~eloa& We also have a very
substantial group who are ,deal~ing with the ix*-house problem that I
assume every agency has. /
For example, just two Jaws that the Congre~s has passed in recent
years. the Free~cio4n of Inkrmation Act and th~e more recent Privacy
Act. have generated a lunge volume of inquiries ~vhicli we must respo~l
to. Therefore, the <~as~ioad fo~ actual trial att~rneys is substantially
higher than one. As a ni~atter `of, fact, it is some4iirig ne.arer fou~r. That
`still is&t high ~nough in my jwlgnient. Frankl~. I feel that, based on
so~me Visits I have `made to sOme of the litiga~tion centers and some
conversations and inquuiri~s I have m~cie. at headtç~uarteics, we do have
too many people who are supervisors. In other ~vordIs~ the old..problem
of tho many ehi~fs a~nd not enough Indi~b~, ai4d it is my intention to
see to it that some of the people who are engaged jin s~tper~sion actuafly
get into ~ourt ~nd `~t~rt handling some case~ j
But also I wouTld like to point out that, as ~as snggies~ed by Mr.
M~this, in the ~dmiuu~strative side of fhe `age~u~y there are cases arid
tih~ere are ~aseé. Fdr'e~ampie. we have a ease w~ii~it is in litigation right
now. where wC har~e four of `five lawyers assig~ed to it. it is a Jm~e
pattern-or-practice case which we inherited fr rn the Department of
- ` ` ` / `~ ~`~` ,~ *~,` ,~
PAGENO="0038"
`34
* ~i1stice. I ~won't mention the particular name of the respondent bu~
it is a very big national case So, a situatioii like that skews statistics as
to how many lawyers are handling how many cases..
Earlier discussion here has ~entered around the question of moni-
toring of conciliation agreements Well~, we in the General Counsel's
Office are beginning to have a very serious problem in terms of moni-
toring consent decrees and, indeed, decisions, and we have assigned a
teem of lawyers to. monitor a particular. consent' decree, which we
`9btained against a union affecting 2,300 employers and 1~,000 em-
ployees. I have here printouts of these employers. We have ,three or
four lawyers monitoring just this one decree because the impact is so
huge that I think it is clearly jñstifiable. I would hope that we would
be measured on performance, but I would also hope that some em-
phasis could be given such things as how many people we have bene-
fitted and how muchbackpaywe have recovered.
One case could require one lawyer for 1 week and another case could
require several lawyers for one year In my judgment undue emphasis
should not be placed on quantitative rather than qualitative results
* Mr.. HAWKINS. Generally thenyoii believe that the, average would
certainly be closer to four than it would be to one
Mr. STEAL. Yes. . *` . .
Mr. HAWKINS. And that would be .a low percentage of the problem
which you will address?
Mr. STEAL. Absolutely. . .
Mr. l~LAwKINs. With respect to the investigators, at the last hearing
there Was testimony before this committee that there was a very high
percentage of rejectitn of urvestigations which would seem to indi-
cate that the investigators were a little sloppy in their investigatiohs
Is that situation being addressed ?` `What, if any, improvements are
being made in it?
Mr PER~T That is one of the things that the General Counsel has
been discussing with the Executive Director and Our compliance
peOple, `t~ better coordinate our litigative and compliance efforts, and
to get the kind of input from the General Counsel's Office to make for
better investigations. Yes, that has been a problem, no question.
Mr. HAWKINS. It has also been called to the attention of this corn-
`mittee in~~ its Los Angeles hearings that North American Rockwell,
against `whom there have been file4 some 300 or 400 complaints-I
don't recaIl.the exact number but a very substantial number-that only
one or two investigators have been assigned to that case. This is a
pattern-and practice situation to which I think greater empha~is
should be made. Does it seem reasonable in this instance that with such
a large corporation as this with so many complaints being filed agai~nst
it that two investigators could effectively respond to this situation and
* bring any relief to those who are charging? These are somewhat sepa-
rate and unrelated charges so they are not all from one group nor is it
a group of names on a petition. Are you' aware of that particular situ-
ation, Mr. 1Perry?
Mr. Prnu~r. I am not aware~of the speciai situation. Are you ~
Mr. MATInS. `No, I am not. * ` `
Mr. HAWKINS. Would you like to look into it and give us a little
report on whether or `not there is adequate investigation in `this in-
* stance or' whether sOmething more thorough i~ required? ` *
PAGENO="0039"
8~
Mr. PEERT, )~eS, sir.
Seot~on ~`O9 (e) of the CI~A of 19~4 ~s .am~nded, prohibits public.
disclosure of the information requested. Therelfore, the report, which
Was submitted by the EEOC, has been retain~d in `the subcommittee
files.
Mr. H4vwI~INs. There were also charges by s~me of those who testi-
fled before the committee tl~at subseqtient ~o, t~ieiv testii~ony recrin4~
nations have been taken against them. I wd~iui~ think t~át this might
also be included in any investigation which you jrnake.
Mr. I~erry, we have a schedule probi~n o~f qur own. I will, suspend
any further questions. Thers are sevéräl others whi~h I c~an si~nply
submit to you. Mr. Buchanan `has one ~nal q~uestion. We `do, have a
`Member of the flous.~ of Reprc~seutatives w~io must lea~re and we
wanted to. take some testimony. from him; so I think we can conclude
our formal testimony with you. We iuaysubx4it the rest of our ques-
tions to y6u in writing, . `` ,
[Questions and answefrs are ins'erted t~t the~' end o~ Septernber 22
hearing,] . S , `i `, : .:, ,
Mr. HAw~n~rs.. You m~y pro~ed, Mr. Bucha4an. `S
Mr. BUCHANAN. Thank you, Mr. Chaii'mari. ~[ have a~ 5questibn along
the line that, the chairman waspursuing. ,La~f ~ ~ne o~ the issues
discu~ss~d was inadequacy ,ô~ investigation's by, ~ district~offlces daus~
ing the litigation' centers to reject 9r reinvestigfate cases referred' to it.
Tlia ~ecent Civil eights Commi~sion' study ljtas si~ggested~ that the
litigation ~enters be aboli~ied an4 incôi'poratied iind~ yo~r contrOl
in each of the district offices. ` ~` S , S ` ` ` ` `
,,~] ~p~nd~r ~ this sugges~icn would Je both ihore, efficient and more
e~onomiea1, and I wonder if you wo!=d çommen~ on it ~
`M~r. Piamy. That calls fOr ~loscr'coordi tioI~bet~rOe tur'1iti~ation
centers and' our compliance effo5rtsin ur, ~,istri~ts and r~gi'Ons. We are
currently exramining the geographical lôcatio4 of our htigatiQn ~eu-
ters vis-a-vis our eompjiance offices, and ~ve thi~ik that this `will aid in
`the cooperative e~ort itself,. ,~ ` S
Maybe abolishing the centers and pla~ing thctse attorneys in our dis-
trict offices, is another step that we might have to' cousidOr, but we have
not discnssed `this possibility thus far.
Mr. BUCHANAN. But you have not ruled oi4 the possibility o~ the
litigation lawyers becoming a part of the~ distr~ct setup? Is that son~e~
thing on which you would have an open mind?
Mr. PEi~T. We `really `haven't addressed on selves fully to. it as a
Commission, but certainly it woul~'not be oi t of the question. We
recognize that there has. to b~ better coordinat on between ouç lit~ga-
tion center efforts and our'compliaiice' efforts.
Mr. BUCHANAN.' I would like' to echo the co cern expressed by the
Chair pertaining to the need, for coordinatiqu id adequate communi-
cations and not only from the per~pecti~ve f~ )rn which' he was ap-
proaching it but also from another.
It'does seem to me if *e are going to' get t] e Whole job done it is
going to take a lot of und tandin~ ~n the part of `many' private
employers as well :ss people in the `public seci )r as tO what the law
PAGENO="0040"
~~1p i~11 e~1a~i~ do~s ~eqrnre of th~u ~n t1~ area~ ~ ~ éoi1~g'~ to ta1U~ a
q~~rn~% ~Iat j tithtt}~ted b~ ~icJ~ o~1~g~ t~id.
i~w1e~e ot w~t ~1tthd o~t trkmbh~ ynt ~tu~ g~ I~itO ~ yo~i doii't do~
i~. lagree. S
~Li ~UçHANA~ ~o it does seem tc~ me t1~rn ma~nñum dè4~re~ Øf ~om
i~i~catiou ~pid coo~dmat~oii i~ i~dic~t~d rn this ~iti*t~o~i betw~ii
yom agency and other t~ge~1c~e~ who h~ve ~ respo~isthiht~ iti this 1*sio
Mr X~uo~ pordio~a~cei~ttilflb~
1~tr ~P4i~$AN Tb~hk ~Siott, Mr Oitthai~
~ Mr Cli~u~an, we do ha~é ~om~ other tep~vrts ~e would
t~ke to ma1~e av~ailab1e tG your oo~min1ttee that wo ttlrcady subtnitte& tOr
the ~euate Labbr ~d Public We~1fa~e C~timuttee
Mt. TtAWTUNS. Do ~ou wlshthem to b~ ~rnatie ~ part of the rerord t
M~. ~. WeJlç not ~ie~e~sa~ily part of the reeiitd~ tlt, but I wo~xId~
like Thr you to1i~ve i~. S S
Mr. HAw~INs. The re~po~ts viii 1e filed. with th~ committee then
a~i4 ~v~thi~ble to the ~ ejnt~rs o~the (~oi~1mitJtee Thar~k ~oi~ ver~y mm~h
~tr F]~1~iW ~u~cyø~i
Mr~ X~j~s~ ~tr Per~y, ~aln we w1~h to ~pr~s~ our ~preci~
ti~n ~ yon ~or appç~rin~ betore~ the ~ubcOitn1I{ttee ~1i~ moriilng I
w~ l~te estaIths1~ed ~ be~ichmatk for sour t~dm~rnstration ~nd t
t~i~1~ we w$l c~rnue to (~Q~ 1$e ~me open ~omtt~uni~atioti that we
bai~e had this morning. 1~~e o&~tthiiy wailt to a~s1~t you ifl th8~ery~
~c~i1~ ta~1~ we ki~ow that yQa bave~ S S
Thank y~n,Mr~ Sib~i, and ]~tr~ MatIns, aini Mr. Mof~ga~i, thd r(~om
i~ssioiier Telies ~or bei~ng present with u~ That emicltide~ this group
~ W s~e$~1ia~ii~ yoi~.
- 1r~I~B?~T Thaflk `ou, ~fr Mir~1a1i
Mr., ~ The conjmuttee will next he~r prom the Iionor~bl&
Gary Myers who has a ~tateth~nt to make before th~ ~ubcoinmitthe.
S ~r.r~ye~s, we are v~cq ple~se~. to have you bd~re the ~nbe~timi~t~
I have lwi ~n opportunity to read your prepared ~thtemètkt I
think it is a most artiètilath one. You may if you care to summari~e
~rqw ~t I~i nny event, the statement ih its entirety will be entered iii
tj~ ~ at thi~ point and you U~*y proc~d
[Prepared statement o~ lIon. Gar~r A. ~yer~ Miows:] S
* ~AR~D S~AT*M~i~ b~rt4b~. ~Aws~~ A. M~'Eas~ A ~A~IV~ fl~
`IS S S ~ 4i' ~ S
~ 1i~na~, ~ thn~1~ a~re~1ate~the o~tthntt~ to t~t1~ be~or~ ~oii~
sü1~cem~4ttee today on an 4~ ~f ~te~t *tfl~rfl to ~ te mali Of my
S ti~tItuefl~s~ I it~$v this su~co~b~n~ttee hdS much to oij~itsb~ h~ c.ridu~ting
S ~ qver$ew o~ dleqUa~ o~tLte~.en~fcu~caznent. I also veaUøe that tJa~
snb~onmuttee i~ *eU awjpe o~ the complex and ~ar i~ang~ isstes 1nvO1~ed in
O~&~Ot~I1iig O~flt~1O~tñt?nt ilis~3rthi~natIon lii Atflerh~an SQC!et~. I ~ht~l1~ therefore
try t()bO b~ief and to the point.
1 tutd~ like to1iridg~tQ t~e snb~Ommithee's attentiOn c~rtaili inequities in the
~ ècp loynt O~t1~fl~tY eia~orceiuient perceived by many of my
enstitVt~nts Since many of my oomstltuerits work in the steel mills of~ We~tenu
S * ~ s3~1~tnta~ and ~iñc~ 1 th~èlt *~1~d i~or ~ arehi the ~teei ibtr~befOrer
being elected to Congress, I shall confine my remarks to this industry. I believe,
however, that the problems encountered in the steel industry may also be found.
In other sectors. S
S 5 S S
PAGENO="0041"
PAGENO="0042"
- 38~
discrimination, over the years. might be given a hëtter opportunity In the future.
What is a much more bitter pill to swallow for Mike and workers like him is to
lose the positions they strived so hard to reach
A second problem growing ~ut of the enforcement of equal opportunity employ-
ment laws in the steel indpstry is a less easily quantifiable but perhaps more
jinportant result, This is the problem of estrangement between co workers Mr
Ol~airmaii, nearly every steelworker who has spoj~ex~ with me on this issue has
hastened to assure me that in the workers view this is not a racial issue pitting
majority against minority individuals. I t~eliere these gentlemen, Mr. Chairman.
As you knew, the companies and uniOns in the steel industry have long been
pioneers in breaking ethnic and racial barriers But the result of imposing a
solution to steel industry equal employment problems from the Federal level has
been- to sharpen those racial ~ntagonis~s that do exist. Constituents have told
me that individuals who were formerly viewed only as fellow workers are now
looked upon as minority group members and as potential sources of disruption
to what is perceived'a~ an eq~ultable seniority system.
I would like to be able to offer a simple so1uti~n to t1i~se complex issue'~ Mr
Chairman but as you knew there are no simple solutions in this area Perhaps
we should be looking at ways to compensate minorlt~r workers more adecjuately
with monetary settlements for the effects of past discrimination without ~ausing
great cllaruption in establiahed seniority systems Perhaps we should be investi
gating the possibility of compensating workers who rose income during the re
shuffling of discriminatory seniority systems they, did not create. I have not
Investigated either of these possibilities fully, `but only offer them as potential
avenues for investigation should the subcommittee initiate legislation on this
subject in the future.
Mr Chairman as I mentioned earlier, these are complex problems Into which
the subcommittee is looking. The points I have, offered today are only one side
of this particular issue and do not touch on the legitimate aspirations of those
who have suffered job discrimination in the past I accept and I believe nearly
all my constituents accept, the necessity that legitimate minority aspirations b~
~chieved~ What I do not accept,.,and what I urge. the subcommittee to reject,
Is the conclusion that advancement for one group necessarily means that another
group should be unjustly penalized I urge that the subcommittee include in its
report a commitment to seeking new legislative proposals to ensure equitable
Implernentatton of equal employment opportunity laws in the United States.
COLD"RoLurNG MILL
Abbreviation/Job: . Wa~re
(R)Roller -- $6.50
(RH) Roller helper 5 7~
(0) Catcher 5. 2~,
(F) Feeder 4.90
(L) Laborer - 4.50
SHIFT
Job Abbreviation
. `No. 1
No. 2
No. 3
R)~
RH)
25p, A25d
26p, D20d
28p, G17d
J
M
30p, B22d
27p, ~2Od
19p, H16d `
K
N
35p, C21d
28p, F19~t
19p, 112d
I
0
0).
F)
(1)
STATEIENT OP HON. GARY A. MYERS, A REPRESENTATIVE IN
CONGRESS PROM THE STATE OP PENNSYLVANiA
Mr. MYER8~ Mr. Chrt~irirmn, fij~ of all, I would like to thank you `for
accommodating my schedule. There appears to be an unscheduled meet-
ing in one of my committees so I do apprethate your efforts. I would
like to present my statement in total. It is not long.
`Mr. HAWKINS. All right, you may procce4.
PAGENO="0043"
* Mr.M~s, :M~r. `Ohai~u~, I ve~yumc~i ap~
to t~s~ify before youi~ stthëóthmit~eè. tód~ô~'
to m~ an~ t~ uwiy of my const ~nt8, ~, ]~o
much to a~c~rnplish in con Ctiugau overvd
portunities ~nforcement~ I also realize tl~at9
aware of the complex an~far~rangi~giss~s
* emplo~tméut and diseri~nina~tion~ in Amerieau
try to be brief and to the poiut.
I.~ould lil~eto bring to the suhcomrnittee'~
ties in the. held of equal smployp~ent ~ppor
* ceived by u~auy. ~f my oonst~ituents, $ino~ ii
wo4~ ~u t~e steel mills of western Peunsy1v~
worked for 18 years in the ~teel industry
*Co~g~ess. I shall conf1n~ ~ remarl~ to this
ever, that the p~ioblems en~c~ountered in the st~
found in other seotors..
Mr. Chairman, I recently me4~ with a s~te
* district who ha~worked in:tlie same f~ctpry:
way up from a iab~er~s job to a p~sit~on as a:
~ng oonsiderthie skill and ~ jence~ T~ese
easy year~. They have meant dust, heat, bac
ruptive shift wor~. This ~órkerr-'-I shall cal
* achi~veda position wJ~oh ~ei~ ~çoct w'a~
ity, witba `pha~ice for futurà ~dv~ri~ement.
* Since implementation of the federally mit
sent decree last year, however, Mike has been:
job-~a job he held 21 years a~o-~a~d he has
* loss of several thousand dol1ars~ Mor~over, wJ~
mism about his cha~ices for advancement 21
couraged and pessi~n~stio a~bout ever climbing
formerly, held.
* * This is,.the kind of problem I would like f
of the subcommittee today~ I am not O~~OSE
opportunity in America;. j support this gos
enthusiastic enforcement of the ;law by the]
portunity Commission;. considerable effort i~
the deeply entrenched patterns of discriminai
certainly not opposed to the steel industry c~r
* able individuals from Government, labor, ai
great effort to producing a?workahle formula.
nation in the steel industry with it~ complel
does concern me is~ that n~any individual we
white, some who suffered 4iscrimination in?
raôial or ethnic? minorities-~these individual
being asked to pay the bili for past d.iscrimina
they had no control. I acm not here to ii~ake ac
or to point my finger, except. to?poi1~t to~those
who will suffer finanoial~and psychologicai
judicial interpretation and Federal enforcern
employment opportunity ~1aws.
* The subcommittee is intimately familiar,
tion of title? VII interpretation and onforcern
reeia4~e~the ~oppo:rtirnity
n issue OC~ g~ea~ concern
,r t1d~ subeomm~tee has
w o~ J~ederal equal op~
`e snbconmiittee is w~U
involved~ in ~verco~mi.ng
oc~iety. I shall therefore,
~ttenti~neér~ain iuequi-.
unity enforcement per~
any ~of my constituents
Ida, and since I myself
before beAng el~cted t~
zidustry. I believe, bow-
~el industry may also be
irker from the 25th
~r 2?]. years, working hi~
oller-~a~ posi~4çmrequir-.
21 years.have not been
~b~e~king toil,, and dis~
him Mike-had hually
* and relati~ job stabil~
ated.steei industry cou~
Loved back to a laborer's
tak~m a. yearly. ~arninga
de t~lus worker feltopti'-
roars ~go, he is now 4].s~
back to the good job he
o bring to the attentioft
*d to equal employment
1. lam nqt opposed to
~qual Employment Op~
necessary to overcome
ion in our society. I am
sent decree itself; many
.d management devoted
for .combating discrimi-
seniority system.? What
`kers.-some; black, some
bhe past? as members of
workers are apparently
ory practices ~ver.which
usations, Mr. Chairman,
unfortunate individuals
~mag~ as a result of the
ut of this Nation's equ4
know, wjth the evolu~
nt, and knows the back~
?????&4~t? 1 *.4 ?? ?. ?~ ?~
PAGENO="0044"
~ràM ~ e~±~i~ d~t~ r~ct~tc~ by th~ tts.
~t~*oi4~i~Mt±(d Wn~ m~br1~Ot~1?ahxe~ m
Th~ ~ 1~e*~if~ ~ ~ t~1~ eOh~L1~ ct~~ a~ ~ no
~k1~I~ ifi~y b~d ~ ~ fa~ tM~ st~1 iMtxsl~ pattei~n I~as b~ett
M~i~1ret~1 ~ ~ t~t~tj~ir~ ~hi~ctifl~i~1 inttcM~hoi~ by m~tny wt~itei~ ~ the i~1c1
.~f' *rtrt~T. d~r1~t~tM1~ t~fOi~ffi. 1~r~rE~r, I ~6utd Ifk~ tósh~v tht~
~*UXMtt~e~ 14~* thit~èh{~1~ pr~g~es~i~ r~fo~tr~ wot~b to the d~ti~i~
~ent 01 m~ystee1~or~~rs. ~ ~ ~ ~- ~ ~ ~ : ~
P~t1$ th~ it1~t~ sigtE41~c~t p~t of th~ ~ôn~tit d~c~ d~1~ with
t~ ch~i~fr~rn~ pt~t~i~aT ~ flibDity 1~ôr Etll ~itti~p~se~.
t1~ eI*tttgt~' w~it*~ to iMe~ ~ ~f ~4oth~ wO~kers~, it ~ause$
~b1~ms fo~r others r 1~M~ j~t~p~tred ~ simple thag'~tm ~vl~h~h may be
~ 1i~1j~ i~t4 e M~rrtin~ ~iw these~'pro~b1~m~ ~oi~ie about~
TInS thftgt~ain i~T1ti~tr~tJe~ oii~ po~eth~ia1 c ifi n~at~oii ~ii the ccld roll-
M~ m Wl~e~*e~iii~d sfe~I i~ r~dü~ J~Mm~ oite thWthess to, ~other.
The typical ci~ew during each of .~he three 8~ho~r ~ ~*ottId ifi~l~de
~ r~l1er, r$l~ h~p~t, cá~eher ~e~d~i', aiid l~ahôter, n~i~liig apprOn-
mutely the h~vurl~y ~a~es nidi~te*i ab~o~te the diag~am
1! wottleF ~ N~e ~poh~i~ ~rf~ tfht~ ii~iia~t~r tile p~%ddi~s~ from tile
i~3~t~r ~ ~ ~ h~ugiit~ 1~n~ ~conld ~flsb earii apprim~tte]~y
~ 22 p~t~t p~etmiini for th~i1We Worlt
i~nth~' ~ 1S~tt~r~ A Ou~fr(!Y ~ k~rs~fih1hlg~til~
~b ~i4~ dth~'u~ the t~I~i~e~ ~ifth~ 1The frumber~ besid~e each
wor1er-4~Jg~u~tor i~d'ic~ite th~i~~ r~s~of pl'~ii~ ~ (~p)t
a~4r ct Ma4~*~iority (~); T~td~ `the p're~ionsd~iyartm~n'tai ~y's-
*~i~;, ~ th~ ~ t~4s, l~ayof1!s sIMf~ `redu~tibia~, o~r vac~atiolls,
~ ~ il*~ ~iee4~ oii t~ b~ of the~ dep~i4ment~
~ 1~I! r~]~A~ 0 l~ ret~ired, for e~tmpl~e, roller I~elper 1)
~P~1(1 l~w~ i~iø~tl ~p ~ tá~ 1~1at ~i~tio~ in seiiiortt~y ]~f~ t1~Ie three
~M~~d?1~eø ~ CF ~v~iixM~ li~t~ ftk~ied D~'wht~
wortid have, repiace~cl E and. ~ ~on~ Under the new, sy~e~, h~ve~t1
~hbi~M çthe' df th~ r~4le~s `iir this hy~ot1kei~ieaP ithli~ ~e~ire; ~orker F
wonlki ~pa~D.~ø 1~a~kE~ *h~ j~bFoiFt!he l~as~s~of'pi*iitwid~ seni'dHty~',
~ i~' t1~e ~ 0 a~sh*~ r~u~t~d ~w~e%i worker 0 bi~iped 1!) `il~k~
he *onld.g&bel!ow E~, P aml G, resñ~ing iii a substantialnings loss.'
`1~lrese ~han~gea ~id~"oo~iii~ `even b~bre ~ny me*" w~orkers h~Fd trans~
~e~r~d ir~ th~s' ~rnnent, and `In, e' o~ the f~ict' ~h~t wo*er'D~
~ we'll' ha~&tthd:* kerr~)'an~ F and broken them in ,~n their
r~t this wity, ma~y ~o*ers~ not only lose the i~thnit~ for ad-
~ancerneii~' bnl a~etna1iy ~`si~t~I~ns they forrnerir `held `and ~ges~
t~ .*ther1~ earned~ I b~'iei~i'~e' ~eat~i*ajorit~'of workers woni&
~e~b't' tlie~ ~ th~t. ~oin~ `oft theh~ exp~ct~t'ions woFnld. not be
Mfffled ``t'~l~r that' .worker~ who fitced job discri'rnin'atiori !OVa~ tJ~
~e~s' thiØ~ `he ~ive~i `a better'op'r?o~9iruity in'th& 1!iittire. Whet i~ a
mrtd~"mor~ M er~4li"ters*afl'~w for MIke' and. worThe~s lil~e~hhii~i I~' to
tbs~ the, ~`th~"the~" sti~btedF `So hard' to' ren~h,
A' ~eeond ~robleth' gr~mn~ oiii~ o'~ the enfor~ement of e~uai ob-
ptun'i1~ ei~'~'ment Thws `in' the steel industry' i~ a less' ea,~il~
qu~ntiñabie ,bnt perhaps rnor~ huportant'resnlt."ThTh is'the ~robl~m
of ei~kit between coworkers Mr Chairman ne~l'v e~rery
~tli~e~ ~th `has "M~oke~ii *ith m~ `~* thL~ Is~ne" hr's' `ened" t~
as~nre' me fthàt, in the `w6rkers" i~iew~ this is not a `racial issue, pitting
PAGENO="0045"
, . ~ ~ :: ` ~ F ~ .
majority ~g~i~ist rninovityW*tcluUs.1 `beli4veQiese ~genth~rnen, Mr.
`çi~ipxj~~j,
A~ yeu iux'w, th~ eowpar4es ~n4 unions i4 tl* ~eeJ industry `have
iei~g * beeii .piwwers `i];i breahgzg etJwic tuid ~`s~oi~J biuriers. But the
result of irnposmg a solution to steel iiidustry equal employment ~rob~
lems from the Fecleial level hns been to $h~frpeii those racial antag-
QlUgJiflS t,hti~t cia exist. ,Constitnents luzve told ine that iiiclivichtals who
were fonnerly vwweci only' as fsllQw workeri~:are ~iow looked upon as
1aiA~ori'ty ~cog~p me'~Jp~i's, and as potenti~il ~qui~~~s 44 disruption to
wh$ is *p~x~c~thv~4 as a~n squitabie seiUei4ty' s~ltst~ph,
:i: woujd li,Jce, to ~e flie t~ c4~sr a simple s4Autiqn ti these cOmplex
,issi~tes, 1s,~a. Oh~r~an, but as ~yciii jçnj~w' thet~q' are ~io simple solutions
~ `thLs ~u~ea, Perh~ps we sJx~uW be loe1ging~ at wttys ~to compensate
ii4~ority workers more .acioqu*$ly wit1~ ai$Uu~y settlswents for the
efliects of past disqrin~in~tjq~ without cansin~ great disruption in es-
tabiislied senwnty systems.
Perhaps we shctu)4"be inve~t4~fliug the p4ibih'ty of compensating
workers who. lose jneQme dwri~g tt~ wesir~~*ng of discriminatory
seniority systems they çlid not create. I hnve ~ot investigated either of
these possibilities fully, but only offer th,eiju ~ts potential av'enties for
investigation should the subcommittee .initiat* legislation on this suh~ -
ject in the future.
Mr. Ohairman, as I mentioned earlior,, the are complex problems
into which the subcommittee is looking. T e poin~s I have o~ered
today are only one side of this articnlait i~ uq and do net touch, on
the legitimate aspivatlons of those who have suffered j,ob discnmia~
tie-n lit the past. -
I accept, and ~I believe nearly all my constit Ms accept, tlie.necessity-
that legitimate minority asphationsbe ~tehiev 4, W'lui~t ~E do not s,e~opt,
auct what I urge the snhco~ani%ttee to .r~jec , i5 the co-nelusien t~iØ,
advancement for cu-ic group neoess~i-ly its that another group
should be- mijnstly penalized. I urge tii;at the nbcenunittee inclwje in
its report a cqknmitmeiit to see~icpg i~e~w kg4s tire pre~çs~fls to in~ii~i-e
equitable implementation of equal empioym nt opportunity ~ ii~
the `liTnited States.
Mr. Chairman., iii add1ti,os Ije nay pmp~re st-atem~i~t "I -woy~ld li~l~
to bring an additional poi~t t~ the ~ e~'~ atte~timt. ~ rçqnpt~y
asked the -CongresSnal Reard, Seri~ice tto ~a~res~iggte what i~p~tct
the steel industry eonse~t decree miglat ha on reMveiw~nt income4
According to CR5., tiaere. eould.be a. ~-j~iific~ t retirement iuep~ue lqss
in soipecas~s..
in-the ste~i industry, the pq~ion~amejpit .i b4s~d en the greater of
(1) average monthly ~ the las tO yea~a~ c~r ~2) lqj~g~th
of senice-oloiw. One-can see how N'~wO1te-F 0 a j'n;~~'hpaviiig i,Oh. w-1iQ
is removed from that job, could suffer net .e&. - p~pr~se~t ~ypge .lçss -b-ut
a deferred pension- ine-ethe loss-- ~s- wtlL ~f jib * ijkei~ wo& cl-have eqrned
higher pension lwnefits-hased o-n-hi& a~ver~ge thly.qarniitgs during
the last .10 Nears, 1w staiids~ ~o- bce- tl~~ g~lyq~ ag~ -an~, cqulçi rnrt to
the years of wrvi,e,e joTrn~Jpj,aiithi~ ip ai pes~cj~ ,bemefiL
-It is possible to-~çgue, of £ se4.hflMiw~ ens~cn .lo~s will~ji4 nit
in the pocket of an equally 4ese.rvbi~prmvmt e~ryiiig wqrlc.eç. 1\Nish
to -say aSiw- h,owewr, I ~am -hopef~l ~i~e- in lie 4Je ~p rqrre-ct the
cleMrieucies af .pAI~St~en9.pkyme1it system,~ wi out. j~maJi~ng j~iuo,cent
workers. - -., , - -
PAGENO="0046"
: I want tothankyou. Mr.Ohafrman, I wcmld also ~k p~rn;ission to
submit additional information for the record later My testImony here
today was scheduled somewhat ` ea~iier than I originally anticipa~ted
and J~ amstili in cofltact with other c6nstituent~ in.the district on this
matter. ~ ~ ~ ~ ~ ~ ~
~Jmaywant tosubmit some additi~a1 inforrn~tioii. ~ ~ ~
~ ~ Mr. JJ~Wi~iNs~ The~ record will be T~pt open ~for sev~raI' weeks in
the event that you do submit further testimony Certainly, Mr Myers,
~t want to assure yen that we will be very glad to receive it The cOm~
mittee is diligently pursuing some of the suggestions that you have
made. On the ia~t page of your statement in the first p~r gra4~h, you
suggested this, and 1 think that we can a~sure' yàu tliat ait~rnatives
will be thoroughly explored by this committee and if you at any time
have any suggestions, we certainly will be very pleased to receive them
The chairman has already submitted a proposal because' I recogniz~
the difficulties of pitting one group against another. I have s~bmitted
~ proposal.for a full employment prograrn which was somewhat based
~ that same concept that to take jobs away from one group to give to
another is not only politically infeasible but many times iS econom-
`icaily unsound and certainly socially unjust. We have been trying' `to'
- ~e~piore other alternatives.
You certainly have made an excellent case in point here' and we will
~tho'roughly explore some of the'~Jternatives which you suggested.
Mr. Buchanan.
M~. B~O~TANAN. Thank you, Mr. Chairman. I would' like' to ioin
you \in commending Mr. Myers for this very' fine' statement As you
indicate, this is a complex problem, and yet I think you have made two'
~rery `interesting suggestions toward it~ solution: Possibly, first, to
cothpensate minority workers more `adequately with monetary se'ttie'-
ments for the effects of past discrimination without disruption of
established seniority systems, and/or investigating the possibility of
compensating workers who lose income during the reshirttling of
seniority systems to correct problems of discriminati~ they did not.
~reate.'
I think we certainly should pursue these and any other suggestiens
that may occur'tö you as to how we can reconcile the' conflict of equI~~
ties here Involved because it is. a conflict of equity.
I personally feel that in the long run our society does owe a quality
education to every child and the opportunity for employment, cornS-
inensurate with his or her ability, to each citizen who seeks such em~
ployment, am~d therefore I would think the ultimate solution would
h~e to run along the lines of economic growth, a system which had
~idequate jobs for all those seeking to work, but in the interim from
where we are right now it seems to me you macis some very fine sug~
gestions that we ought to pursue
Mr M~ns If I may, I would like to point out the fact that many
of the individuals who find `themselves. caught.in this bind are men
and women, both black and white, who are in their middle years with
family responsibilities which were based on `the earnings that they
twere making through the years They have made commitments to pur~
chase homes and cars They face the possibility of personal bank
niptey as a result of this situation, just as any of us ~who had to' take
a~ much as a one third income loss over a short period of time might
nôt'be able to make our finanóiaI commitments.
PAGENO="0047"
48 ~ ~
~ Some individuals. have. i~iciicated to . ~ me tj~4tthey. wer~.tqid, tIie~y ~
were living beyond their means, but I think w~ have to recogrnzø that
tliiey were actively supportive oi~ the economic s~r~te~n They were mak-
ing sound commitments to the economic systc L in purchasing hon~es
and cars They were not missing their paym nts They were doing
what they were expected to be doing as good citi ens
I personally have seen a number o~ these m n who work under ex-
tremely difficult conditions+ For instance, th y n~ay work 11 to 13
weeks straight during the summer, perhaps o i .a 3 to 11 ~ tt~rn or 11
to 7 turn, lust to maintain their position in ~ i~ irne of seniority to
guarantee them and their family ~ future and 1p retain their earnings
Now they are faced, through no action of th~eir own with reverting
the entire way back through the lines of progression without any re-
course whatsoever They are locked into stay~ng with their present
employers. ~ . ~ ~ . ~ ~ ~ ~ ~
They are, at an age wheu they cannot~go out ~nd start over. One con-
stituent told me, "If I could startmy family'20~ years back, that'would
be fine," but in his particular case-with ~fou~ children-he is' faced
now with house payments, car payments, and he decision of whether
or not he can put these children through college It is a disruptive pe~
nod for that worker and his family. `
I am hopeful that the committee will make a~senious commitment to
these people These have been men and women who have in good faith
worked hard to retain their position, to be good workers in this uidus-r
try. I happen to think that we should recogii~ze the difficulties,' ecó~
nomically and psychologically, that they are ~isked to accept at this
time
I have personally received letters from wive in those families who
don't understand *hy this is being done to t em hu~bands. Some of
the personal letters have said that men aren't i good enough physical
shape to go back to the laboring jobs that they had 20 years ago This
`is a type of situation that has, developed.
Having worked in the steel "industry and: aving seen' the' jobs, I
think we also must recognize that in some ca es indivicluala several
years back did not choose to go into a certain epartment because the
work was unclersirable even though they had a equal chance to trans
fer. Sometimes a man who took one of these ess desirable jobs `and
built his seniority up in good faith in his clep rtment, now finds that
he will be shifted down around a man who di( i't have th~ same fore.~
sightedness about the job 20 or 30 years ~go.
There are many elements to the problem T] at is the reason I come
here today, the reason I asked for permission, to testify I thank you
for granting the permission to put input into yo r discussions
Thank you, Mr. Chairman. Th'à~nk you veryi ueh.
Mr. BUCHANAN. The gentleman has certainl very graphically `gre-
sented a real and often tragic human proble i and I appreciate so
much your contribution We will pursue it
Mr lI~WRIN5 Mr Myers, I apologize that e unduly delayed you
It is tI~ policy ~f this committee to hear fror Members of Congress
before other witnesses, bi~tt It was at the reque of your office that we
postponed your presentation this mo~rning I just want th~ record to
shoe that we would have given you that courte y had you requested it
Mr. MYERS. Mr. Ohairman, I would like to have the reáord show
PAGENO="0048"
. ~ ~p~&uiit:V ~ f~b~tt~ ~ ~ ~t ~ked
~~iii~frt ~ ~ I ~ ~ ~ ~
~ff 1~E~i~th~s 1~~thi ~ ttffiicttkl *`~ith ~h ~t*~ b1~frt tli~ r~t of
~ ~ ~ ~ ~ * ~ ` .~. ~ ~ . ~ ~
~ ~ ~ ~ ~ ~
~Mr.JIAWKINS. StL~I~ `t~fik ~ ~ . ~ , ~ . ~ ~ ~ ~ ~
~ ~ ~ ~ ~a~d ~th~ li~i~ft~g ~ fn~h~g~ ~ ~the
. ~th4hi~1~ee~*ili ~ o~i `the ~th ~o~r t~i~r ~ ~h?è~ f~i~ %IM
~1Mi ~ ~ . ~ ~ ~
~ ~ Th~th~ i~4~*$~d. . ~ ~ ~ . ~
~ [~1i~i4~8i~k% ~i~4o ~ flTh~S4±tbt~M~ith11~é ~4~ii~êkL~
I ~ ~ ~ ~IrtVh~ 1!~1~c,t4 ~ft1llöWs ~]
~ ~ EQt~AL ~EEO~{E~4T OPE~b~i5WI~ GMI~ç~N4 ,
~ ~ ~ WasJt~gton, ~D.U., November 10, 1975,
Ron. Aurn~Tus F, hAWKINS, ~ ~ ~ ~ . ~ ~ ~
Vk~r~an~, t~i~nffiee ~ ~Utó~bn ~Md~ Th~r, ~ o3i ~~tva~ ~p~or~
~ ~ `iu~ii*tes; ~ of ~ W'k~,~tb~, D~YJ.
~ D1~t&CT~A~R~MAN 1~j*KXN~ :ThIs ts ~n ii~1~r t~y~ir i~tt~er~of bdt~e1' 2~; ~97~
co~taifling sev~al additional questions to J~e included in the perm4n~nt record
ot the ~i~tember 22, 1975 oversight heailhg I am pierped to respond
~1c ~è lire the Cothni~ssiOti'~ è~o&s ~t ii ~ti~at~th~ in~I thOn~tbrli~g t~4ult1
employment opportunity in the motion ~ Witi té ~Th~iW~tlM ~
Tl~em~ñitoring n~tbe motIo~i pj~t~irean~ t~evlsiiu i~Mt~tHe~ fs ~tndutgro*th
~ public hearings which were held by the EEOC In Los a~ngei~ in 1969~ Subse~
to tirQ~ébearin~s, th~ ~éj~a~tineht o~ ~ñstice be~áhit~ o~vri ii*esirgátion
~ e lQyme~t ~discrithinatibn in the ~hotIon pIctii~e and televish~n i~idtistr~r,
~11Ith h~1iiin~ie~l hi a ~ettlbñ~e~ft a~téeIhent bé%~B~m the ~n~us~1ff~ ~tnE1 ~1usMc~e
~)e~artniênt~ ci e~Justiëe :Dep~trtmen't ated that J~113~C~O ImmitoF tire agrc~inent~
This two-sear agreement began in April, j7Q; in 1972 a t*wo~year extensidi~
wtis negotii~teçL, in 1974, the formal, agreements evpiye~1 the ~epartmeñt of
~iwtlce,~the ~EØ(~, a~id ~nlo~t 6~ 4h~ hc~n4t~éd ~f1i~th~ ØU i~itOhshWth éó*tlnlied
to s~o~k*~s i~ the ag~ee~n~iit ~ire ~t1Il l~bff~t ~ %~iIhi, `~th~D~M~
nieilt of Justice Is attemptin.~ to work ~st ~ahieiwled ~reen~ufts with unrorel
and t~v~ coipptwies~
~the ~o hit~e~on ~ ~i4t6i~h~ detMtfe~ of I~ comil*nies ~hcI lo ~h~ons were
handled by. an equal opportunity a~Mh11~ ~t~ff ih4ié~ i~'4. A&c~M4i~g to
ih4tr~et~fll~étdf11re t~ A~t~5 OTh~e ehWt~ ~brnftt~id h~j tltht~*t~on
In 1972 an4 1978 ahoWed that while the 1\llnority Pool ~*as -operating, ~mést ~lf
the cQpipanles ut111~iE~d approximatejy 1,5 to 22 percent minori~Ly persons in
i~Ptlte câMWa jo1~s tv~i1~h a~e ~11e~d on a referral system from the urlion'~
ThIe "~*~s *~i~iht~t~ ~he ~$è~ilcex~tk~e ~,è~1tir&ed h~# th~ ~ tP~in~étit ~~ee~êth~t.
~I~o~t ~bf~be a~o~eonit~rtnte~s *1s1 hired a ~ UI~itht fiM'n~ ~f nl~i~ 4~de~ ia
white Col~ar ~jobs d1ir4R~ this ~peribd S~ape t~r1s~ans~s had bo t~ ~1&ed~ b*
i~e monitor to achieve tins iut i~ev~rtheless ~çverai hundted uilnoriti~s were
1~rtt~1 i~*ô fO~ ~rt~4~f~ ff6hi ~ &óo to ~25 otto v~i1~h ii few getting into ~jobs payrng
more than $25,000. ,
~be~ t~~flt ~pD~d ~ *e~ ~ è~VtWb~ ~M~M IlIfb'the
r4~uI~'sliIp ~os1~ets q~ the MInorItV T4bor ~`ooh ~~`4~is ~did f*)t te~riall~
us anTicipiite~d ~ the Juritice ~bepartm~nt Some mi~n(ffit1es did no~t qual4f~r ~
cause thev~ Ii~& il~t ~ thl~ ~t1M~i~e t~r~y (~ti~ &ry~ to ke ~adl~ntted Other~
could snot afford the ~ ;~4ff& o4~fiu1 tk~e u~i~hi~
tb~ni~fst~e ak~nt rae~IV~*g IIIIekI% 9~I4k1~T ~ètO~se t~ Thèhe `tt~id ~ber
~izOb1~3raa, vers~ f~v minorIt~es were mer~d ~ato e~i~n1 tus~iont al!tee tire
nor1~fy t~ooi *`vCterininated Ph~r~ore e*ipfoynwnt of mthovities re 1~bhju4
ca~nera lobs Is less than it ~ as diIrn~g ~he years Th0 ai!'reement ~ us
`~1~ i r~n~IicK*l* ilWt ~Me ~ ~ ~ M~e~fS~ ~é* ~bfu~âhit~
e~r ~ !1~oltl ~il i~Mh5tf~t d ~if~ ~ef~ié~tbod~tIie M~ *~
m~ns~o~f~cl ~eve~a1 j~&~en~*a~ eomp1a~iftts were teairlvM ~w the uioase~ ~ii~ sa~et~
~ngs ~ eoalpany ~tnd nnfoh officIals Thb District Direotor ~atilmslted t~rt
~ ~*1 W4n~'&l ~ hl1W~i~s wôntd l~Ve 1beCn ~recen ed~tron~ra~n wd~rstv~ thi~
bMt Th# ~
PAGENO="0049"
-"---~ ~
~5
ih M~a1MI1 .Th* *a~4her ~tSoi1 in ourLos l~a1g?4es~Gffieetook over the moni-
t6i!ii~ a~tit1ttS *hQYSTh ttctlivély puntted lift a~espoi1~ibllities by nI~aklRg .ou~ftite
~~`li41t8 ~it ;tlik~ major nuiuvic~jtein.lston stw1iot~ and netwOrks ~ by iIiatervieWlflgunioit
und t~m~*aiw OIUPAtR1S Mid eu4iio~yees ;~ibt ~neet1ixg wièi Qbnging J?~a~tiqs, po±en-
tl~t1 Chatglit~ P&tr4cles, aild Val'kus tctton gtou~s li4teiietted in the Utclustfl'S
~bmg~ress, anti :by alia]fliaog the qttátrtflly teljMi'ts ftorn the iiathtstty tutU tlìe
.ttiilonss. , .
Soipte~ of th~e g'a4:ns In tbe l)a~t SiX thoiltim i4ircLMe :
1. Mtre prlthë-time TV sdktW~ 6aad feakkure movies ~eatui"iibg nain~r}ty taLents ;
, 9. A. pnsitirce iattitudt qT4~ iuftd~eiIstaRditig in'Wed aniGi~g nmn~y studio ai~d un4on
tflteMls, ii~égarding the einpiloyiiient `of niizto]~ities auc~ women ;
3. The merger of the MincoHtjv Pool into the Uern~trt1 Ecxiperieuce Roster by
quost JATSE (inteitalñtn~ai t~ociation elf TJientri~a1 and . ~tt~ge Empkryees)
iocttls : }
4. Efforts an the :1!art of some ~baciios to recr~u~t n4norit#ie~s and women In top
lovel iflanagembit poslt&ons ;
:5. Despite the low 11111111)Ct, a geitet'al %iflere*1e 4 the nttna~ber of mI*u4ties
and women £fl(y~cvwoj~kd~~g in the industry.
2. What Is the `EEOC eritefia tot deteraiidaa4~g wh eM oases it w$J~l litigate of
those that 40 not respond to conciIithtion ~aJad areref ra'ecl to litigation centers?
Every ~ai1ui'e of ooarclIth$isn i~eM'red to a r~iena1 *t~gatioaieeater -is azt~a1yzed
to determine whether a p'rkiw fuoieease *ean.'be estab (shed in the federal ~oourts,
all jprooe&ural requireiixents have been rnot, and the evidence dereloped during
the eo~urse of the ~ ~,d~sini~trative investigation is em c&ent to wanant the ~fihi~ig
of a complaint in the federal court. The cases meeti g these staudar4s ane tlien
~ferwarded to the ot~tee of General Geuinse~ at Ii[ead aflers, and most are ~snb-
sequently iteocxmn~ended for ` litigation to the full (1 numission for ~ vote. As a
general rule, the ComwisMoii appl?OVo5 ~for liistEgation 1 those eases. recomrinended
toitby the General Gounsel.
3. In your testimony :~ ou indicated that, you woul foresee tb~ EEOC moving
toward ceases aid tesist po~a ers.. iDo you belies c ?tha such 1adiniidslratave power
would assist the (Jwamission l.a inFplementing `its in date `under Title \Tfl, and
m~ redut lug tiLe. .boddog' of diarges before the (J&ii 1554(111?
the issue df whether cease `and desist ~powers wo d assist the .Conm~ission in
ilarrdng od't its mandate under Title VU and prey far more efficient chaige
¶umniiliug was heavily `debated `&mh~g Cojigressiona conskl~sation .~rf ~the 19~
ainendiiients1 At that time .t.hiee were well-reasoned and .cintndictor-y opinions
and predictions as to ihe efficiency of cease and des t powers.
.1 do not believe that the Con4missiqn should hay cease and desist powers at
`this time. `the Comniission is pretently organized ad staffed for direct court
enförcenient of ~`the pros~isions of Title VII. The .agen `is gainiug `expetlence with
`this authority acid needs additional time to measure its efiecbiveau ss before it. is
in a position to weigh~ the merits of cease and esist powers versus court
enforcement.
4.' Please provide information on the Commission's monitoring of the Steel and
APT consent' decre4ses including the nrnr~ber. of lad viduttls assigned to monitor
`these `industries and the number of employees that ave actually s~ecelved baolc
~ awards.
Both the AT&T Sand rSteel ~decre.es, which caine bout as a `vesult of. multi-
ageaéy negotiations, vested nioliltoring rei~ponsiMlity in tniiltit*gen~v eotnmltl,ees.
The AT&t deoi;ees vested qnouitoiTing rrespoiisih ity. liii `a new~y~establis;hed
Government Coordinating (lonmiittee, comprised `o lEBOC., the Department Of
Jusiice, the. Ppimrtme1rt~of Labor.~and 1Hse Qeneral wicos Athnilnistrati'on. iRep-
resentatives of these agencies staff the Committee a d each is responsible for cii-
going monitovug Of . cempitailce ~svi1frh the terths ~o'f the `decree by spodific Eell
companies; TheEBOC, for example, has' fou~r represe at4ves on the ~1oqrtlinating
Committee, each of .wliom'issoss.igi%ed ~to momtur t c ~Boll c~~iiiipaffles. The nina-
Itoring process 4ncludes onrsi'te iiitpections `andiana sos of largely stntistical.re-
ports submitted by the comlsa:ntes.'fPheresuitstOf e efforts ale reported `to the
Goveenniont. Coordinating `Ctowiult'teetas' a `*vhisle, U `the `degree Of `ctinpllnnce
with 4hedeisreea'by any ginncoxnpany lsltl'etor.niine iycth&Comnlli!tee. ThatlJi-
don, `the Offlee `of Redflal' (lontraêt Coiuplimloe `is esponsl'ble' for con.tritdt corn-
ulianee iie~dews of'rttmtØl Oonipanles üfi~r 1E~ec ITo Order `112L16. the Wage
and ~Hour, Publtc~Oohttadts Division oftthWbe~a itt' Of Lab6r nmn'tto'rs com-
pliance with the Equal Pay Act.
6O-197-75---4
PAGENO="0050"
S ~
~ ~ The ~ fora special EEQOcornplaLat resolution pro-
~cedure which covers all charges filed against AT&T subsidiaries party to the
4ecree~ This is not, strictly speaking, a monitoring function but rather, a process
~by which tharg~ are subject to expedited resolution. One person is assigned in
each of our i~êgional and district offices, for a total of 39, tocoordinate and process
tncomthg ~hárges fih~d against AT&T subsidiaries. As of September 30, 1975, some
7,7Q0 charges against Bell companies had been processed, and of those, approxi-
mately 4,800 were resolved; 2,900 are' still active. As of July, 1975; 9,900 persons
received back ~ay awards pursuant to the terms of the decrees; 49 received~ back
~ay as a result of court cases in which the Commission was of assistance to the
plaintiffs; and 4,746 persons received back pay as a re$ult of the expedited charge
resolution procedures, for a total of 14,794 back pay awards.
The steel decrees vest overall monitoring responsibility in a special committee
structure headed by an Audit and Review Committee which is composed of rep-
resentatives `from the steel companies, the United Steelworkers union, and the
federal. government. The representative of the government on this committee is
Robert T. Moore of the Department of Justicq.
At each steelfacility covered by the decrees, an Implementation Committee has
been estat~lish~d to directly control implementation of the `decrees' provisions.
These committees are composed of local company and union officials and a gov-
`ern~nentrepresentative'from the Department of Defense~ The EEOC has assigned
`five attorneys~ from the Office of General Counsel to give technical guidance and
assistance `to these rmplementation Committees according to regions of the coun-
try. All actions of these local committees are subject to revieW by the Audit and
Review Committee.
Each government agency participating in the decreO~ `has agreed to monitor
specific portions of `decree implementation under the general guidance of the
Audit and Review Committee. EEOC General Counsel personnel monitor ~om-
pliance with the testing provisions of the decrees, and 36 field personnel of the
"Office of Compliance are assigned' to use special processing methods for charges
`filed on or before the entry of the decrees (April 12, 1974) ; 4 Headquarters EEOC
`compliance personnel coordinate this special charge processing program involving
approximately 900 cl~arges. T~he Defense Department reviews contract compliance
under `Executive Order 11246. The Department of Labor monitOrs apprenticeship
`Øograms.' The Justice Department monitors compliance with seniority Issues,
~ealculates back pay and analyzes lines of progression.
No back pay awards have been made to date under the steel decrees because
of extended litigation involving challen,,es to the decrees and because of diffi
`cttltles encountered by the Audit and Review Committee in calculating~ the
`amount of back, pay fo be offered each entitled employee. Now that the U.S.
`Cou~'ofApp~als~~for the Fifth Circuit upheld the decrees in a decision announced
August18, l~75,. and because the back pay calculatiops are nearly complete, it is
expected that back pay offers will be tendered to eligible parties by Febrtiary of
1976 A total of nearly $31 million wall be distributed at that time of 46,870 steel
employees. , , S `
.5. Pl~ase provide ,the number of EEOC staff persons assigned to the Los
Angeles District `Office to investigate both individual complaints and systemic
discrimination at Rockwell rnternational. , ` ` ` ` S
£here are currently two persons in our Los Angeles District Office assigned to
investigate charges of employment discrimination filed against this respondent
6 Please give the number of Spanish speaking attorneys in the General
Counsel's office and in the litigation centers. `` `
This information was' supplied'sep~rately for inclusion `in an earlIer part o~ the
~recerd. ` , ` ` `
7. Does the Commission intend to institute an integrated, in-house computer-
ized data and case management system~ Does the Commission intend to Imple-
meat, as a part of this system,' a centralized complaint tracking' system-from
time of `filing to time of final'dispositiOn? Would such a: system be uSed to
~develop pattern or practice cases'invarious industries? `
The Commission has had a computerized record keeping `sf~'tem for complaints
`of diacrimination filed in the compliance process since 1968. Dependency on Out-
of-house ~federal ~data~ sharing centers for ADP processing ahd commercial con-
tra~tor~' for~software `development coupled with the staggering increase in datd
lransaetions*, have levi to a management system which is largely dysfunctional
for cpntemporary needs.
*Informatjofl transactions In this system have increased' from 101,200 in' fiscal year
1968 to an estimated 1,200,000 in fiscal year 1976.
PAGENO="0051"
47
-~ -.trn~ ~ j, -~ ~ ~- -~ t
Eight months ago a full scale effort to redesign this
Commission s data management capabihty was launci
to these ends have been accomplished:
Ties with out.of-bouse software contractors were
after a costly 2 year effort to revamp the Charge Inf
net effect An in house system development team with
compliance process was simultaneously established.
In June 1975, the Commission approved the acqul
computer facility as a first step in ieducing depende:
ing centers While this facility allows for daily bat
H~W computers still must be used for file updati
Many delays are experienced in assessing this equip
In September 1975, a systems ilesign study for the c
tion System was completed with full input from field
is anticipated that the software programming of this
by in-house staff, within nine months.
In October 1975, a justification for expansion of th~
allow for full in house processing of both accaunti
data was prepared. This justification has been review
mont and Budget and we have receii ed their approva
While the new Charge Information System will f
sub-systems designed to measure performance of, fiel
integration of a 1itigat~on case tracking system has o
Work is in progress with the General Counsel s Offi
monitoring system. ~iven the comparatively low voli
this area and the high priorities for computer so:'
accounting and compliance charge information gre
mechanization of this system for sometime howeve~
(Compliance) Information System is being designed
systems integration. Pattern or practice case selectio~
with the presence of ~nch a system.
Additionally, the National Archives and Records
doing a Commission wide management information ~i
an analysis will serve as a useful tool in our sys~
8 The average salary for all equal employment op~
Commission is $17,860. Why do women make an av~
average for men in $19 091 `~ Are there employment ~i
that operate to limit the career development of women
A survey made of all equal opportunity speeiali~
GS-13 based on February 28 1975 data shows that ~
earn an average salary of $i3 62~, winle males eafi~
indication that the Comml~sion has not been free of s~
employment practices I am sensitive to this problen~
approach to rectify the situation :`upgradiug and recru
Affirmative action plans have been iriplemented I
offices which are designed to reach those women
qualified for upgrading. One person In each office is
the implementation and progress of the affirmative
terly reports to IIeadquarters~ Vigorous recruitmen
women from other federal agencies are conducted 1~
gram headed by our Federal WOmen s Program Coord~:
I shall' look forward to working with yOu in the ~
mutual Interest, and hope you will not hesitate to cal
Sincerely,
Low
~ystem and'to improve the
~ed. The following actions
erminated in March 1975
rmat&Qii System bad little
Intimate knowledge of the
itiOn of an tn-house mini-
cy.with federal data shar-
king dud editing of data,
g cml report generation.
ent.
mpliance Charge Informa-
and program mgnagers. It
system wIll be completed,
~ mini-computer facility to
g and charge' information
d by the Office ofi Manage-
- to proceed.
illy Integrate two current
compliance personnel, the
Lly been recently adressed.
e to develop a viable case
me of data transactions in
~w-are development In the
i, we do not foresee the
,the computerized Charge
to facliltate such `eventual
i would also `be acilitated
Service Is assisting us in
~stems need analysis, Such
ms Integration thrust.
pottunity specialists at the
irage of $15 459 while the
r~actlces at the Commission
ts `at levels GS-5 through
`emales in this job category
an average of $17,283," an
~x discrimination in its own
and `am taking ~a two-fold
tment.
each of our seven regional
~`ithin the agency *bo are
responsible for mouitori~g
etion plan and make quar-
efforts to attract qualified
means of an outreach pro-
riator.
~ontbs ahead on matters of
on me whenever necessary.
X.L W. I~!aiRZ C1~a~rman,
PAGENO="0052"
f.
`~9 *`; *..~` **~`t - ~* -
~pT -f ~* 1 r
-f ~--P--
-: V. *
- 1_~
- I * -tt * -
- - 6 --
* ri.. -IT
PAGENO="0053"
OVERSIGI1T~ I1~EAflf~ UN J~t ENi~O~ItCI~1flENr
Of E~UAL EMPLOYMENT .øP~Oft*UNITY LAWS
~ si~i~ ~
:H:ous~ or PR1f~STEVFiS~
SUI~OMMTP1~'QNRQtTAL O~oR I~V~1is or nn~i
C~ic11~rn~LON E~UCA~i~ A~ LABOR,
Wa~h~gton, D~C.
The subeommittee met:, pursuant to notice, ~t 9~5 a.m., in room
2.175, Raybui~ H~onse Offl~e Büildiiir~. Hb~x. ~ugustus F. Hawkins
(chairman' of tile subc~mmittee~) j~r~sic?ino~:
Members present: Representatn~efTa~im~ iiitez~ `and i3uchanan.
Staff members luesent: Susan ID. G-rayson, istaff dIrector, Carole
Schan~er, clerk, and Richard Mbsse, a~si~tant 4iinority counsel.
Mr. i-IA~KINs. The Subcommit:tee on E~ual ~pport~ities is called
to order.
This morning, the subcommittee is continuing its oversight hearings
on Federal enforcement of equalemployment op~o~tunity laws. We are
very pleased to liave, as our first witness, the ~fibuora~ble Arthur S.
Fiemming, Chairman of' the `tJ~ited States Commission on Civil'
Eights.
Tie is accompanied this morning by Mr, Joiii~ l~ig~s, ~taff director,
and Ms. Whitney Ada ins, equal opportunity st~eoiahst. \Ve are very
pleased to have all ofyou herewith us this morni~ig.
Mr. Flemming, may T say that it is a distinct pleasure for us to have
you before the subcommittee. You have 1~acl a very distinguuished
career. 1 think that ~ou have been l)efOre the Cdmmittee on Education
and Labor 1)reviouSiy in various capacities.
We welcome you back in your present capa ity, and we certainly
look forward to the testigiony that you wi be offeriiig to this
committee.
May I also say that Mr. John Buggs, who is a Los Angelino and a
friend of mine, is most welcome. I am sure t t Ma. Adams will be.
equally respoiisi ye to the committee, and we ar delighted to have her.
Present also.
Mr. Fiemming, you may proceed as-you socles~ e.
STATEMENT 01? AEtTHUR S. rLi~M1~1ING~ CBAIRMAN, U.S~
eoM-MIsSr0N~ 0N CIVIL 1~I4~4 TS~
Mr. ~ Thank you very m,iwh, M.r.h irman.
Speaking u~ot only for myself but Mr. Bug s and Ms. Adams. we
iippreciate your comments, and we are very, v ry happy to have the
(49)
~ ~ ~
PAGENO="0054"
50
opportunity of appearing before the committee to. discuss what the
Commission feels is one of the most significant reports that it has is~
sued in recent years. "
As you know, the report to which I refer is entitled: To Eliminate
Employijieiat Discrimination, and this is volume V of the Federal Civil
Rig~ht~ Bnf~rceinent Effort of 1~74: .
This report, coupled with rnvestigatieus by the General Accounting
Office and hearings of this subcommittee and the Labor and Public
Welfare Committee in the Senate, certainly provides a large body of
information which questions both the utility and the effectiveness of
present enforcement procedures relative to employment discrimination
against women and minorities.
The findings of iiiadequa~e Federal enforcement of employment
discrimination and Executive orders are not new. The Commission in
two previous repOrts-the Federal Civil `Rights Enforcement. Effort
(1970) and the Federal Civil BightsEnforcement' Effort-a Reassess-
ment in January of 1973-document a deplorable record of enforcing
antidiscrimination' $tatutes and Executive orders.
The constant in each, of these reports are findings of inadequate
agency recognition and appreciation for the problems in civil rights
enforcement, lack' of leadership in implementing each, agency's civil
rights responsibilities, inconsistent policies among enforcement agen-
cies, inadequate legal authority to fully carry out agency mandates, and
the inadequate method~ of determining noncompliance with the law
and to effectuate compliance with thefl applicable' or Federal policy.
Without belittling in `any way the prOgress which `has been made,
it is certainly worth noting that despite oversight hearings by con-
gressional committees, seveial investio~ations by the General Account
ing Office, various attempts by the ~ongress and agency officials to
rectify the problems besetting the current enforcement scheme, we have
beOn largely" unsuccessful in `eliminating systemic employment dis-'
crimination in this country.
The Commission in its report, indicates that it is anxious to see
new ground plowed and the way cleared for a new Federal effort to
eliminate employment discrimination. `Tl~is ,new effort, we believe~
should be designed to eliminate the harassment approach so many
private employers have complained about when they seek to com-
ply with conflicting and overlapping Federal antidiserimination
requirements.
The Commission's recommendation for a new National Employ-.
ment Rights Board grows out of the following general findings and
conclusions in our report. . , `
First, there is no one person, agency, or institution which can speak
for the Federal Government in t~i~ important area. `Thus, employers,.
employees, and aggrieved citizens are left to their own devices in try-'
rng to understand and react to a complex administrative structure.:
Moreover, without comprehensive oversight, there'is no'way to insure
that uniformly efficient, enforcement programs exist' in the various'
agencies. `
Second, current civil rights legislation does not provide an adequate
framework within which Federal agencies, charged with enforcing
the laws, can operate. Practical experience with these Federal laws
has defli~itely demonstrated that changes need to be made if a signifl~
PAGENO="0055"
* cant improvement in the prest~n~ir~em
Alterations are necessai~y ~n a number o~:
of' the Civil Rights Act of 1964. For example,
oniy court action to enforce the statute~ requir
to be confidential and limit the authority oft
Opportunity Commission to investigate ahd lit
patterns and pr~cti~es of discrimination.
Third, the diffu~ion `of authority for enforc
ployment. mandates nmong di~erse~ agencies i~
reasons for the overall failure of the G6vern~
attsck ou ~m~loyment discrimination. . /
Agencies have different policies and standard
disagree, for example, on such key issues as th
ment~ discrimination, testing, the u~e of goals
benefits,' and. hackpay.
Moreover, there. .is inadequate sharing of i~
joint setting of/investigative o~ enforeement pri
fertilization of ideas and:strategi'es a~t the. regi
This fragme~ii~ed administrative picture ha
tion of effort, `inconsistent findings; *ahd a loss
objectivity and efficiency of the program. Thi
*exeinplified by. contrasting the opinion of mai
are being harassed by Federal bureaucrats w
minorities and. wom~n that the Government's'
gram is totally unreliable.
Fourth, attemptsto coordinate the ~overa.ll F
most discouraging. Effo~rts of the Equal Eni
Coordinating Council over the last 28 month
issue, namely, the development of joint testin~
unsuccessful, and until recently no other subs
considered for coordination.
Mr. Chairman, 1 should say that the comi
made relative to the Equal Employment Opp
Council was, of course,' included, in our report
then new life has been `injected intô*the Equa
tnnity Coordinating Council by the new Chai
Attorney General Tyler. /
I have had the opportunity to participate in
with the Council under hi's chairmanship, and:
going to be more substantial action taken by t
of this new leadership. We will have to wait an~
we can judge activities of this kind only by resul~
It is'clear that where one agency is charged
for coordinating the enforcement activities of c
case~ of the enforcement practices of Federal'
`Commission). and Federal contractors (Depar
has been a seriouS failure'to.achieve `effective an
tion of the law. ` /
At this point I would like to have the."ôp~oi
some of the ~specifie `findings and / conclusion
above cOnclusions and~oiirpi~incipai recommend
nt. program is~ to be~
rovisions of title VII
:he .sections'that ali~~
data. from .eñ~ployers~
ie Equal Employment
`iatc matters involving
ng Federal equal em~
`one of the pnráthOunt
it to, mount ~ coherent
sf or compliance.. They
definitio1~ of ~mpioy-
and timetables, fringe
~forüiation, ahnost no~
~rities, andlittle croSs~
~nal level. ` /
~ resulted in `duphica-
of public faith in the
last' deficiency, is best
y employers that they
th the ~behief of many
qual employment prorn
*.de~al'.effort' have been
loyment Opportunity
to. handle one major
guidelines, have beem
autive issue had been
`ent that I have just
~rtunity Coordinating
~ome weeks ago. Since
Employment Oppor.
~man, the new Deputy
a number of meetings
I believe that `there is
he Council as a `result
see, of cour~e, because
/ . /
vith the responsibility
;her ~gencies, `as in the'
gencies (Oivii `Service
nent of Labor), there
uniform `implementa~
nnity of summarizing
which' underline' the
tions. /
PAGENO="0056"
. ~ 52~
. `:F~Est öf~all, 1 ~uli~i.Ti~e to ~ S~Qifl~~~ c~*nn~ti .~ ts th~Lt ~ ~E~flecbed~
~ :in our mport relative to the operation of the Civil Service C~wm~s~i~
R iftiIe' ~o~j1ion~ ~ óii C~iJ R~g1~ts tb~ the ~d-
~rui Go~e~rR~ent shoul4 1~e boimdby ~11e ~arn~ ta~d~r~$ o~i equa~
~pbØnent. opp~rthnity and. affrrnative aetion. as gov~rn t1i~ 1?~'
1~u~ of all orp1~y*~rs
~ow~ear~ ~1h~ Civil Se~rvi~e C~inmission m utai~tis~ that it I nol~
Tequired to adher~ to the title VTI gthdeIine~ establish~4 by. the. Eqna~
Ei~p~yinent irtii~iity Conimiss~oi~ f~r all. o~her ~p1o'y~ers or
b foIlo~the a~rma~tive action p~ii~e~plei~ a~ieab1~ to empioye~s
Mo ar~ de~a~1 ~eiitraeto~s.
The Con~imissiori's gtiidelines on .ageilcy affith~atitve a~tion~ plans are
4~4~eie$knd ~ete~rly infe~rior to similar procedii~re~ a~plieabie under
e~ut$~ OM~r ~ as~ amended, to private employers whø are
Qo~vi*~eM o t~ract6r~ i~i.that the Omnis~lo~i fails t~ require .agen~
des to undertake adequate underutilization anal~es a~ad to establish
~ais aiM thnetii~es f~r elizninathig any uridernti}izwtion of minori-
ties a ~. eTi~whi~b e~ists~ aec~rdii~ to the ~oi~inissior~ ow~ sta~
tistics, in th~ 1~ii~hei~ 1eve~p~siti~in~ at rnost.Federal agencies.
~I~Cn~~tfails t r~iiire adeqnate reporth~g on.the~esn~ts of
affirm ti a~tiou ~t~ps tahen by th~ a~eiicy; ~ a ~resalt there is very
~ i!~ a~y, that affiti~native action pia~s haveeaused any sig~
ni~èa%timpro~r~11t in the status of un&erutiii~od groups at the mid,~
die and higher ~job levels. *
.A~ltho~ui~h Congress expressed deep concern ~n iW~Q*th~t many of the
civil seryice employee selection standards appe~rffd to be dis~rimi~a~
tory, th~ Con~rnission has failed to carry oi~it its responsibility under
title VIit.o .de~ons ate~upirica~l1y thatail li~ederaI examination pro~
cedure~, havingat~ ~d rseimpact~rn minorities a~id women, are m~ni
fest~Iy rehibed tø job perfotinabce.
J~Or example, the Commission has adopted guidelines for demon~
strating the job relatedness of examination procedures which ~are
su~stnntially weaker t:han the guidelines of the Equal Employment
Opportunity Oom~iission, and in ad~opth~g Ats new ~areer ~ntranc~ ex~
ainmation, the professional and administrative career examination,
* ~tke COmmission did~not cm.piri~aIly determine that the new test is re~
* * * iatedto job performance and does knot reflect cult~ural and/oraez bIases.
* The (Jommission's regulations governing com~p1aint procedures to
* * * be ~uaiutained by agencies deny F~derá1 empioye~ska full and fair con..
~ideration~f their Omployment di~crhthnat*o~rievances.
The defiCienóies in the Commission's previous regulations M~ieh
were criticized by Congress in 1972 persist in the regulations in .e~ect
in early 1975. Amongthe pr~blen~ we found in the Civil Service Com~
issio~i ooni~p1aints processing procedure are: * *
* (~) Failure to ~espond or to investigate allegations of class discrimi~
* ~iation and :pattern or prictice cothplaints * *
(2) Permitting the agency a~ainst which the complaint is lodi~ed to
control tthe. in tigation and initial ~etermination of discrimination
* when complaints are made by employees or applicants; .and
(3) The Oommissian~s fañ~lni~e to ~nH~ utilize the authority granted
in~der t&1972 amendments to provide retroactive relief to viètims of
~discriminátiOn, contraryto the w~ight of title VII case law in many
* instances. * * * *
PAGENO="0057"
~bo~ ~ii!t
EZeófltUZ t~$rt-
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~i~vct~i~s to ~
i~iiat~* g~ui~WineA
1oe~i g i~eui~ ;
~ø~thz ~fto the
~* i~è~i~ p~]~I, aEl'~
4~1a~t ~
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re
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Ld ~ a~4*i~st
ot~â~ bI~e ~
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4~T~ th~e~
~cI t eth~é~6a~i$~ 1~n~
~ ~
ai~1~ed ~ th~e, P~
~u~có~
~o e~nM~rees the Rqual
Ja st~f~ persO~us 1~f~~(>~
ELI ~mee~ ~nf~rc~hent bf
~wer be,eii flQ~tj~KI+
o~ Labor~ ~omplia~nce
e~tt~te~ ~mktt~S~ariS~
ge~h~s bee~n ~rGade1~ci
ye~S er nah1~ e~ce1np~
~ëhn~aI ~r ~dth~istr~
e~npioy~e~ i~h~ number
c~ntIy beyoi~& th~ I~63
i~h~ eThfOirce!ment yI~
~ cxf ~thidb is the
tie speci~u~i~t~ fti 1~qiiiI~
~I i~pioy~ient O~per~
EffiT~Jdym~n~ Op~tu~
enforcer of tit1~ VII of
* ~ 0
~C E~ei~*~ t phn~a~e. ~én~
rne~t of Labor's respo~isibi1ity under ~xecut,
1S~ has~3s~ied re~uIatip$s r~Fe1~r~
I~ish n~pr~g?a111s~ i~isiti~
* The~e&ot~kT~ ~l~xad~ct~
(1) They exempt many facilities o1~ State an
(2) R~ri~d o~d~r ~4, ex~@~t~ b~in~tio~n
~ ~a ~ ~1ruft
fails ta require the contra ors~b~~
~see~amd t~ ~et goal~ ~e~*r~tel~ ~
~ ;*n~l *
* ~8~) The Office of ~F~de~aI r~phi~at~
* gui~elhies are def~i~nt ii~ ~ a~1to~ raqi~
n~irn~it~ le~e a~*hø~ do~othe~ t~mp~i~i7 e~i
do tv~rebibd~t i~md~*ory ter~ty lea~e o~.
wl~lEai~ a ~ 4~O~ woMen~
The 0 ee~f $~dE~tI~~1 ~o~tO~ot Ooup~ee1
* * ~ca~try*xig öu~ii~ i~e pa~is~bilit~ ~c*~o~a*eái~
tract compliance program ~overin~ supp).y a~
* ~tiáeh en4~oy th~iiath ~r~f rl~Øii p~
t~itte ~rd~rs.. * * * * *
The 0~e~ ot1~edem~t t~a~ O~p~ia~e It
effective enforcement program covEri~ig ~onSt
em~p~ed frônl ~v4se~ ovdtev~ amd
i~ht throi*h ~ta1~ Mid 1i~a} g 1rerJkB~1ent ~
)~lce o~ $I~ra)~ eoti~t~t C ii~c4~bat faa
hiring womeu ~n the eonst~uctioL~P
I w~kM ~i1~t~ tur~th~ ~he
im~mt of the E~i)uai ?a~y act. This~ has~ ~*e*t 1
partmø~t's regio o~flee4 ~ithtI
(1) The Wage and I~o~ mi ret~rr~ i
P~y Act, hes~ ~ 1ix~e th~ri~t~ o~eri th~ r~gi~
~ñg the a4~t~ * * *
(2~) There' has be~n ri~ me~tiitering o~1
* the aot~md~ * * *
(`3) ~o national enforcement prQgr~m has
* Th~ late I tihe$ w~e ~*n1y ~ i~e~p~ar~me
* o~çecrs *Ito, as en~'of their res' bii$~tie~ in
* i~t unelet' ce~p}ian4~e `with tie i~qu~ai I!~ay Ad~t.
* Pes~pitei the 1~acb that E4ua~} Pay Adt eo&er
~ince I~6~ t~ eo~vei~ a~ larg~( ~w~ib~r of e~pl~
* from the act, ~h a~th~se ~it1~ ~r~isl
tifve posi1tio~ and: Stwbe a1i~d }ec~dvgome~t
of compliance officers has not increased sig~iiit
ie*i~. * * * * * * * *
g~e~ai plia~ELe~ ~taff ~tr~ re~poMWl&
er~o~ utes~ei* ofthe mst complie'at
* Pay Act. N~verkhe1ess, there are no~ senior gr
PayAct mat,ters ~the~~lcI e1Reee~ * ~
W~t 1 Wettkl' W$'to4livn bMsf1~y~ t~qt~
* tu~riit~ Ce' i~sio~n4 .~s yoi~ knows ti~~b 1~ii&,
nity Commission is the Federal Government's
* 2
* *
PAGENO="0058"
54
th& Civil Rights Act of 1964, `and as èuch is the chief protector of
employment rights of racial, religious and national origin minorities
and wOmen.
A comnion"miseonception is that the Equal Employment Oppor.
tunity Oommissioh is the problem' to be solved in resolving the ad-
ministrative issues plaguing Federal efforts to eliminate employment
discrimination.
Despite the Commission's myriad problems, it' has made significant
steps toward eliminating systemic employment discrimination and
addressing'the persistent backlog problem;
`~The National Programs `Division's efforts have resulted in note-
worthy results. The resource allocation strategy, under which charges
sgainst major national and regional respondents are consolidated for
processing; appear to be a promi~ing effort to relieve the backlog.
`It should' be noted, nevertheless, t'hat improved resource allocations
and a strong attack on discrimination `by large employers `will' not
necessarily reduce the backlog. When the Equa~l Employment op-
portunity Commission successfully settles a large number of corn-
piahits with the larger employers, the number `of "new" complaints
increases drastically. ` ` "
`The Equal Em. ployment Opportunity Commission's organizational
structure has hampered its ability to operate efficiently.' With the
exception "of~ the Chairman, the Commissioners have few defined
responsibilities. ` `
"The Chairman, who should be the policymaking head of the ag~'ncy,
has, in the past; had' many administrative responsibilities, and the
E~eeutive~Director,. who should' be the admini~trative head, has not'
had sufficient administrative authority. ` ` ` `~`~ ``
``The Commission has been staf~edin the past farbelow its authorized
ievel.~'1~i the~ Office of the General Counsel, for example; failure to fill
staff positions expeditiously' resulted in' undue delay in the filing of
lawsuits, aswell as a low overall number of suits.
The Commission collects data `on the `racial, ethnic and" sex makeup
of the work force under its jurisdiction. It makes inadequate use' of
i~hi~ information in its own enforcement process; however, because of
title Vii's requirement of confidentiality, it is not made available' to
the public. `
The result of this is' that employees and private `citizens are ham-
pered' in their efforts to assist the Government in monitoring em-
ployer's compliance with title VII `and other antidiscrimination laws.
The Commission's investigations have been generally inadequate
for litigative purposes. Attorneys in the Office of' the `General Counsel
hare found investigation files `so lacking in' do~umentation that most
Cases referred to them for suit have been either rejected or have re-
quired further investigation.
Title VII provides `that `the Commission send notices to complain~
ants, indicating that `they have the right ~to bring private suits after
`their, charges have been pending more than 180' days without success-
ful'conciliation. ` `
In practice, the Commission does not issue these right-to-sue notices,
unless they are requested, regardless `of the length of time involved.
By not systematically issuing these notices at the expiration of 180
PAGENO="0059"
iants an altei~native to
days, the Commission is~dez~y~ng~ tliecompla
its lengthy admiuistra~t~eproc~ss.
As of Jiuie 30,1974, the'Oomm ~ociihad~a b
~8,0QO charges whiciL was increasing ra~id~y.
be as high as 120,000 charges. `i~he median pe~
the resolution o.f a compiMnt, fr~m receipt to
months.
The reason for the backlog is that the Co
not been `able to keep up with the rate of incon
5ear, the staff prodn~tiion ratowas'appa~zently~~
th~ backlog remains the Oom~uiissig&s majoz~
The ~omm~ssion obtained the ~uthority
March of 197g. With only 290 d~ect ~aws,nit~
March 1975, however, the Commission's lit~gat
i~ull mom~ntum.'
As of Ma~roh 1G74 the avera~ge Conimission
$ only one-fifth of his o~ her ~n~escribed ca~
eases whioh have been ~le4 ha~ire not. c~ueeutra~
tice disor~mination attributa~1etQthe `l'~ger
leaders,
in March 1974 ~he Conm4:ssi~i reoeis~e4 the
~uits alleging patte~ns or pract~ces of disorir
erly shared with~the~D~pa ment pf JustiQe.
Yøt, as of March ~ oi~ly ~ piatter~ o
filed by the `C'ommi~sion, `Oon~&c1~ring. *at t
~of t~ie, largest ~legal, ~ in the Qover~
4eplorable.
Tiie~ Equal .Employmen~ Oppqrtun~ity ~CQn
~ered, to file charges on their awn. anitiative.
sion~xs' charge is potentially nsefnl `for mit
respondents against whom few charges bav
employment agencies, the Commissioners haw
pnr~pose.
In `fact, ~he filing of the Commissioners' oh
ranging from 38 in fisca1l year 197~ tq 197 in fis
Pursnant to title VII the Equal Employz
~mi~sion defers, charges it received to. qualifie
rights agencies or fair employment pra~tice
period.
The pr9cëss has not been~ productive, howe
derance of these charges are routinely reitui~
processed, `at the end of the period. The Oom
induce the agencies to process these ~harges
pants to them; There is little evidence, howi
.fund~ has `alleviated the backlog.
Although the, obj,eotives of, the Oommissio~
program was to, obtain61 voluntary a~irmstiv
employers, it has .obth~ined only `one, `and th'~
de.ficient bythe Commission~s own standa~rds.
The members of the, `Civil Rights ~CQn1mis
cnssed~together at `considembie le~gt~ what
the' `probleii~s plaguing the enforcement of 2
ployment laws.
eldog of approximately
t has ieen estimated to
od of ,ti~ne required for
final resolution,' was 32
~miission field staff has
lug charges. In the past
m~pro~ed `somewhat, but
~d~riziistrw~ive problem.
to bring c~il suits ~n
i~aving 1~een filed a's of
`ye effort has yet to gain
attorney ~va's operating
load. Furthe~' the few
ed on ~p'~ttern'a~id pr~c-
esp~mdeirths:or industry
x~lusiye pc~wer to bring
ination~ a powei~ form-
`pra~tiee suit has been''
ic Commission has `one
~ this situation~ is
missioners' are &empow~
Although `the Cômmis-
ating investigations of
`been received, s~ich as
failed to use it"for this
`rges has `been sporadie~
al yea~ 1972.
ezrt' `Oppo$unity Corn-
State `and local' human
agencies for `a 60~~d'ay
er, because the prepon~'
ed by the agencies, un-
~issi'on, has attempted to
`by awarding monetary
ver, that granting these
~s ioluntary compliance
action agreements with
`agreement `was highly
iAm, Mr. `Obeirman, dis-
~mld,'be done to remedy
`ndiscriminatiou `in em~
~ ~
PAGENO="0060"
~E'~ ~ ~*i1~~ ~uId
not be solved yvithrn th~ ~pre~ent antr~ti'~ ~t~ut~ttire arid with
~ h~ft~ ~
e ~ Bs~*~if e~ck ~f ~;nir s~t~H~& n~iidatkii~ ~ *r the p~rtictt1ar
~ ~r i~ñ~tci~c1 i~1~t~ ~rith!i1 th~ fte~t 6 t~ii~~th~, ~.
yeit~ frói~t tid~y ~ c raP~thi~tiira~ pMbl~th, whIci~ t~rd~s ~ii~
foi~e~then1~, delays the rescluljon if 1e~itpuate complaitits and po~t~
~tie~ the ~w~,rct c~f r~lref ~,nii ~ the th~x ~ m~n~y would still
Tue Orn~i~o~i ~ th~t~ 1~he ~ii1~t ~ ~& M~tt~k th~ probl~m
i~te ~&t~t11~ ~ I1t~ j~iE~I ~p~t~ath to~ i~esrn~6m~
~ilahithQ~ ipli~yirierft dis~ tió~t diii to~t4r~g n$~neE~, ~nd~
t~ ~ ~ ~ i~$b1~ ~f ~thd+~ ~w~t and~ teiim~ d~is~
tt1~thth;tMii.~
~n that connection, the Couimission has made the foIkw~i~ reco~
A ~ttAønaJ Employ~nent ~Ri~hts B~ard s2mukl b~ e~t~bIished whidi~
i~ ~ 4th~th~ th~i4~ iifM~i~i~ o~ ~
~ ~ on th~ b~1s of raee,
color, religion, sex, national ~ori~in, age~ and haMica~ped ~tat~s,
~ v~d~ ~ ~ ~x~li4~±~tive
al~~4t~ It wonl~ ltiulthLte ~for~n~M prôce~ings~bE~ti~er it has
~r~ason to believe title VII~ha~ b~ti ~i~1a~t~d a~ri~ ii~ ~ ~ea~&
~ ~thori~, i~khi~1* th~ lWflty ~t~réte~ ~qu1table r~lief
~ueh Mb~d thv~t~~i~
~ ~tS i~th M ~ th~ Board
should also `be ~iyen authority to intervene on behalf. of a person
~l~i~g ePmth~ti~, n~ii~l w~M h~ g1~en ~nai a~h~rit~ tc~ debar a
~dr~M ~c ~n*ra~t~ or ~i t~,otoF, t~ t~rrniie~te ~n~y 1~M~raI grant,5
to d~cet~ti~r ariy li~bor inii~, ~rnd t¾frre~r&k~ any F~derál licen~c fbr
failnr~ to comply with a B~rd ~r4~r.
The Board would al~ be ~e~ed with broad imrestigatFve p~wers,
S including the ~ubpena power- an~ t~ authority to require regular re-
S ~~täi~ a~i ~llo~tk~i ~f n~o~th~tió~ with w~iièh it can determine
S `compliance- ivith~t1~e -~t~ 8vie~ ~ ~i~eet~d b75th~ E:oard
~ ~V~WJ~bIe t~th~ ~
*h~ ~~i4~Jy' :p~iq~ :wóuid be th~i elhnitiation of
*~d pra~ti~e~ ~p~Oytneiit di~c~in1ination, t~e Bc~ar~
should allocate 50 percent of its resources to investigating, adjnd~cat~
4n~, and htig~trng m~ttr~r~ inv~l~vin~ p~attern and pr~u~tiee disc~rimma~
Th~ B~o~n~d ~oui8 of ~ott~se~ h~vet~ 8~v~eIop ~ edure £ir ideuti.
~i~g ei pi~r~, ~ i~ mp~i~t ageiwies 4hcise hiring
S r~rd~fü~d i~o* ~br~w ~q~Theie ~ ~f:dis~rithin~ion,
alid then would have the authority to *~th4e t3~i~s~ ~oups toirered b~r
S ~t4~ VII 1~o sp~o~r~ ~
Althongh the Boa~l's ph~a~ry resp~nsthihty should be to eliminate
- S ~ t~i~ ii~i4 ~ ~: thiie~ 4~scriinimttion
and not to resolve indivi ~hi~its~, ~jt ~h Whav~ the anthoritj~
S e~tjd~~ S~
The ~mI~J~h~ ti~jdEè' ~ ~ ~ r~zimenda~
S ~rotis ~ ~1~e ~d~th~g~f ~i*dMdim~i air~th. -
- S -
PAGENO="0061"
A., In ny~4~i~cr~
c~e~24 ~ t~i
tices ag *~ ip~4~g~$ w~c~14k~4
i~y th~B~a~. ~o~p1s1e?~pqi~
~ ~gei~i4y~ ~1n'G~3z~gs~ ~
B., `i'I~ ~3~4 ~iø~4~ ~p ~4i~e, ~
w~i~h~ ø~ $~t~tt1~s ~ t~iè ~
VII ~d i~ ~ OQE~M \~M~
k~ BQ~I ~Q~4 p~io4~c~4~y ai~ac1i, ~
cases to insure that the work product o~ the
~, 1n ~ t~~crn~'e~ achqu*~e. ~dorce~
~ ~ ~d ø1~o*1d ~e ~pr4~i~ed
:sidize such agencies aa hng~t~ ~he aiim
pro'cess~d~ ` , `~
D. ~ ~g~tin~ ~4e~t ~ta1~l~tio
ti~~~Jivil ~iO*~M~ ~o~t~pt~
~ ~`1~*&M, ~d *`~~~*~d pex,i
~ ii~1ai~ ~ ~ ~
Board's staaidards~ ,
E~ IMjw~ i~ML4 ~ ~flø *~~qu~
the right to sue in F~dera1 distri~t ~ou~t w'
c1~tge ~th thi~ BAaDd. Th~ $~~dt `~~id ~i
t~e*p1~ió~~s ~i~O d~ ~ f~h~ 1~Ung ~o
~g~it ~ ~ue~ naà~ts ~h~rnid i~e á]i~v
rwithin 18 months o~ receipt o~ such n'dtice4
~sh~utd ~&~L ~ro~e~1uf~es ~ ~ezst e
~thiu~seL ` ~
F. The Congress s~u1d, est~h1ish ~` revply
t~ b~r ~t4~ i~rfr~4pe~
j~iGr ~YO ~E ~u~'4~e~ L~b~ ~tt ~ ~
M~ ~ ~ ~ ~
th~ ~ ~ ~t a~ $tt~i~ `~ve,~ a yea
~1dn~ kt ~ylle~~ ~*
behalf of the stat d~h~et~r ~ b~t
!rw the ~ ~i~'%1I~t 1~s
the ~th&e~e ~th ~ h~k~4&I "1~li~ pi~
As yoix know~, ,th~ is, ~e~'1~a~ ~fW
~ ~* ~1~p~1~s the
~nx~h~ed ~nthe~e3p~rt ~ ~M~h ~n
The full Co ,i~siop~hasgiy~n limg and ~
~ tai~I ~ ~h~$ 1~h~at ~b~i~'ai~se' O~ `the
g1~ ~tot~'ether, th~~t d~r g~, okir `ret
~ne~4 th s~re~ `t~o~ ~Ms n*~ttee a~ri~1 t
each Mem!ber pf t,he ~Ø'e~e.'
As ~vet~ ~kn~w, ~ b~c1 1~he r~mit~r o4~ se~
~he"~I~o~r ~
ir ~ `~th~~
of the rnembw~ o~i ~z~4~it `~r1e
Oo~i ~
AS4~ ~I1rt ~
~i~tã~a~ J~iai4ivj4i~J~
i~ ewp Gyx~p~
~4 tolö c~bct~ois~to
~ ~au~i~ Irn~41 ~ag~$~
aw~ ote~t~p'i$ as,title
~154~s ~ `3~~øz~
to wh~eb. jt e~ep~
~e*~y s~t~ w~tl~
5i~,t b~y $tat~ ~fli4 ~Q~1
1l1~)ie~t fwa4s to ~s~tb~
f ~ ~ ~
C si e~eferred to
i i~~* the g*~i4e~
d(c~l~ js~jei* 41a~ Cc~
t~t ~i~s with
*~d'e~Y~ ot~iiè~ of
~Y ~yü~oE ;filang ~
aie~~ 4$tii i~oti~s
~ ~her~e :g~a~utbig,~tlie
a `to ,~Uø £ ~i&i1 a&1~
lu addition, ~i8'
1r~ yøbta~ing
ng fun~1, to he
~o~tpint~e J1oi~eys
L ,øf ~ f~e~ ~`4'
~ T~h1~oi
, ~iit1kn~o~r ~h~t'~ ~am
~on ~4i~ "I ~
~ O'~m1se~in; eiW
een doñ~ in d~eiopmg
~1IØnce `4i~ `~l~e, ~
~1~htrns; ~4~av~ :t*e~
~por~ %he'k!~iid ~fx~n~
eii~ons~~t'4e~ tot~I1'i~
~ ~hM been
t~ will eMrn~
~e full' ~om~btee ana `te
a ine~tl~e~ of both
~ft~c 1E~nt&e 1~t~l~
i~tr ~ ~r~i~'a~ ~
Mvi~y ~ ,iitt~e ,
*et
t4~e'th~ e~mé~
``~`~ ~~1L'~ `.~?~` ~
PAGENO="0062"
58
néction with:prograths forwhich the Federal Uovernment has respon~
sibility, to give serious consideration to reorganization in order to pro~
vide' for more effective implementation of Federal programs.
1 Tberé is not any question in my mind, and in the min4 of my col~
leagues, but that that time has come as far as the civil rights enforce~
ment effort in the area of employment discrimination is concerned.
Thi~is why we have given as'long and as carefUl consideration as we
did~ to a recommendation designed to bring into existence a board
which have the duties and responsibilities assigned to it which are
outlined in our report.
I know that the members of the Commission appreciate very much
the fact that just within a few weeks following the issuance of the
report, you are providing us with this opportunity to present it to you~
and to discuss it with you in any way you desire.
Thank you,Mr. Chairman.
Mr. HAWKINS. Thank you, Mr. ~`lemming. The committee is cer~
tainiy deeply grateful to you and to the Commission for what you have
done. We `have asked' for your testimony this morning, so that we have
the opportunity to discuss the Commission's report of the Federal
civil rights' enforcement effort.
The hearing this morning is an indication of the great concern `about
its recommendations.
May I first' ask you, with respect to the other agencies that have `been
cited in this report, what has been the reaction of the various agencies
to the critical `manner' in which their operations have' been detaileds6
adamantly?'
`Have `you' had any consultations with them? Has the Council dis.
cussed them; what has been the individual `and collective reaction to
the report?
Mr. FLi~n~iNo. Mr. Chairman, as you undoubtedly know, it is the
practice of the Commission, once the draft of a report has been pre~
sented to us, to request the staff director and his associates to transmit
it to th~ ~departments and~ agencies that' have been investigated.
`When it is `transmitted to them, we `ask them for their comments on'
the draft.report. `We, then, review as a commissiOn the comments that
are received from the various departments and agencies.
If we agree, we amend the report, If we disagree~ we always include'
in the report, in a footnote immediately following our comments, the'
cOmñients of' the departments and a~gencies.
This procedure w'as followed in connection with this'report, and in
the report there ~are a good many~ comments on `the part of depart~
ments and agencies which indicate that they do not concur with some
of `the material in the report. ` `
Since we transmitted the report to the President and `to the Senate
and the House of Representatives, and made it public at a press con~
feronce, we have not ,received any reactions from any of the `depart~
ments and agencies that are included in the report.
The report has not yet been the subject of discussion by the Coordi-
nating Council, except for the fact that one `of the basic issues that we
djscussed there has been a matter for continuing discussion within the
Coordinating Council over a considerable period of time~
it is `still under discussion, and the current chairman has high hopes'
of bringing the discussions to a head within a period of the next few
weeks.
PAGENO="0063"
59
Mr. UAw~INs. Then, we can coiiciude that t
been reviewed by the agencies, and it appears t
elusion that the repOrt itself is reasonably accu
of fact as to the operations of the various agenc
not seen fit to disagree with any of the basic fai
report.
Mr FU~Mi~tNG Mr Chairman, Mr Buggs a
receive a letter from the Chairman of the Civi
yesterday. I have not had the opportunity to r
Buggs has, I would be glad to have him summar
Mr. BUGOS. I cannot, Mr. Chairman. It cam~
the secretary to ~send you a copy, the original (
page, single spaced, letter, which came late
I had the secretary send the original letter to
and to make a copy for me The only thing th~
paragraph last night, so I don't know the full
but it was obvious from that paragraph that ii
plaint with respect to the fact that while the
some of the statements and corrected some of t:
original draft held, we did not change-the
change its point of view with reference to the st
made, and the conclusions that had been drawn
Civil Service Commission's performance under
ties Act.
Mr. FLEMMING. Mr. Chairman, there is refi
you may know, a basic difference of opinion bet
Commission and the Civil Service Commission
of opinion is of interest to me, of course, becau
as a member of the Civil Service Commission.
We tried, in our report, to identify the differ~
as clearly and as emphatically as we ôould, our
say, in view of the discussion that. has. taken ~c
and if it is agreeable to the committee, I think
for the record the letter that we have received
CQmmission, and at the same time we. will su~
particular letter.
Mr. HAWKINS. Mr. Fiemming, I think you
Certainly we wanted to request that m~terial,
approval. Without objection that request will b
hearing and the record will be kept open for bc
Civil Service Commission and your reply to tl~
[Material not received prior to publication]
Mr. HAWKINS. Just a few days ago, the Chair
portunity Commission was before this subcor
that it was hi~ impression that the recommendát
creation of a new agency meant a super. agen
possibility that his agency, that is the EEOC, i
a lead agency and that, in effect, his reaction was
he had not been in office very long.
In other words,. he subscribed to the idea th
put him out of business.
May I ask you whether or~not the r~commenda
ing agency, such as the EEOC, from being con
agency with some degree, obviously, of restructu:
report as such has
be a reasonable oon~
ate in the stetement~
es, At:least they have
~s as contained in this
Ivises me that we did
[Service Commission
ad that letter. IfeMr.
[ze it for the record.
at 5 o'clock, I as,ked
opy. It was an eight-
yesterday afternoon.
Dr. Flemming's office,
t I read was the flr'st
content of the letter,
was a letter of corn-
Commission did note
ie accuracies that the
Commission did not
ements that had been
with reference to the
he Equal Opportuni-
ted in the report, as
7een the~~ Civil Rights
~This basic difference
~ I served for 9 years
ace, and then to state,
~wn position. I might
ace, if you so desire,
hat we should supply
mm the Civil Service
nit our reply to that
nticipated the Chair,
if it ~meets, with your
incorporated into the
th the letter from the
at letter.
nan of the Equal Op-
mittee and indicated
on with respect to th~
~ that prevented any
light be considered as
very negative because
t you ~er~ trying to
ion pleevents an exist-
idOred as that overall
.ng and modification?
-~ ~ ~ ~ ~
PAGENO="0064"
Mi~; Ft~i t~io~ Mt. ridrthaiti I appi~e~ t~hiti qi ti~ti,~nd inay
~E ~ ri gti~,th~t: ~ wth 4iI~ j~r vt~ b~t t~ r~4 c*th~ p~-
~i~th~ ffij~j~fl &~whok.
Ithi~1~ ~h~t Oi*il~Ri~K ~ good ~p~-
~ation *~ 1~th!ng `~ ~ui1~gi~d~bo4y ~ hin~tioni~rtg as a Obimni~s'~on.
C9nsequently, when I represent the Commission, I want to be sure tJ~iat
~I ~ e~c~iiig *heir, vi~wS and `not, ~onseion~1y or t ~cious~iy, in-
~eeth~g s~e ~rsonaI viewS. So; `if I may Uirn to the r~omniemd~tio~i
4ts~f, ~iii~i'i is' rage 64~ of o.u~ report, yoi~ will note `that w~ start
by
We~b~lieve that it is o~ great' lniportance that within th~ next ~ th~ P~esi-
dent ~r~3poSe and the ~o1~gress enact legislation consolidnt'Ing all .1~1~rai eQual
e4n~loy~neflt thjfOrcemnflt responsibility 1~ a new agency, the NatiOnal Emplol-
a~'~i~i*~s Board, wit1~ bro~ai a~m~*~aU~e a~ well as llligative autherit~T to
~Un~i~wte' ~U~crtwiWthor~ eip~oyweUt j~ractices in the T5uitei Sto±~s,
I think that the iinportttnt ~word in that partienlar sentence is the
ivord' ~c~nsoli&ate;" adi the Federal equal employm~nt enfo~cerrnenst
spónsibilityiin aflew age~iey.
Wethen ~o on' to say:
A. ~a'ti~o~al ~mpk~inent Rights Board sboui~1 be e~t~bl1~hed, which 1~ ~rested
with th~ antbôrlty 1i~r ~Pforciflg (1) ~rd~ra1 statute's ~rOt~e~t1ng cltlnens from
~ein1iOiS7meflt ` ~ * * *
Thenwe say: `
T.Q j~1~j~ end~, the ~ ~istjflg~ ~statutes ~and Executive Orders shouid be
~rescir~4~d. or ~Od~Uied~
and those e~de~t1~4ed a~t the top of p~ge'6~O.
Mr~ B~g~ calls n~ ~tten.tioii to. the J~act that in lig1~t of your ques-
tion,' `sections 7O~ `?C~i and `TiZ, ,esta~lishing the Egnal Employment
CQ~tt~r5~4gI~aPt1flg th~t agency, the ~ttoi~ey Genem~tl and~ th~
C~s~i~ `$ei~vict~ Conunission enforcement authority ~all be rescu~de4.
Th~e ~e~u~ces ~11 ented to enf o~cem,en.t o~t1tl~ ~ should bo assigmied
t~ the ~ation~I ~mi~ioyment I~ights EoarcL , " ` `
E4w!~i~s.1 Mi". :]~lem ii'i~g, that would seem to ~ndi~ate thaf
~ is b4iwg1~b~iishediin e1I~ect. ~sp't there any sugg~s~ion in th\e
recommendation that you could fake ~EOO~ ~s an e~isti~i~ age4ley
~nd!'by~ ,~rrx~ ~est~ncturing or ~onin minor modification mna~e that tfr
~es~d ~c1y~
Do~Z g~t the thrust ~f what you are saymng~ This is ni~t~ what is in-
t~~isommend~icm~but s~ec~ifieaily you are recommeziding
the creation of ~. ~ie~w s~gency with ~m new im~gc, a new structure, cOU-
solidationof functions a d,autl*irite~WhiCh are now',d{spers~d a~içmg
~t~aTit~us agei'*ue~
The newiness1s one of the outstanding characteristics oE ths recom
~i~n~at~lier thant the. use .of~ an exiSting one. Do I read ~U
~ th ;that.thisis~c ~jeirr thru5t~ of
You appreeiat~ that we have riot mad~e any recmd~ti~S n~s 1~
~ ~ tjWr~ties, the personnel a~d the r~sourc~e5 of e±1st44~ ~`~i-
cieS ~slIould be folded into the new Board'. We- rec~g1IiZe that these
is~ue~;wou1drh~Ve t~ he addressed in developifl~ ~ specific 1egisiativ~
~ to~carry out our recommendations.
~ ~ " ` ` ` `~
PAGENO="0065"
01
We did n~t, Mr. Ojiait~man, ~gM &b~t~t~ói
this new Board~, in effèçt, ~ E~
portunity Co~nmission. If this ~omi~dtttee de~ir
mission give consideration to that ~thibi1ity~ We
to do ~so, as a Commission and report back to t
matter,
Mr. HAW~T~S. This committee is really not
what should be dane at this time.' M~ l~urDôse Wa
rather than to suggest what shoithi 1~e~ done. `W
Te'commendation as a sii&ommittee.
In view of your answer, let me indic~te one taft
has bBen raised ~before this' subcomthittiee, and
more desirable to have a single ~age~iicy, such ~as
number of agencies which some individuals, pai4ti
rights field, who, in good faith, believe that is is b
of agencies.
They believe that this keeps the agencies ma
presents a number of optibus td aggrieved ifl
tinning this, vast array of ~agencies, it would b~ i
discrimination.
You seem to be suggesting just the opposite,
that we have gone to th~ point of real~y defendiii~
against those who feel that they have'now a van
than consolidate them `into one agency.
Would you care to elaborate on that particular i
Mr. FLEMMINO. I would be very happy to~ Mr. C
I recognize the validity cf th~ approach that y
Personally, I have always been `a believer in bui:
`it seems to me, oftentimes, we move forward w
areas of,tbe government.
However, I have been impressed, in the year th
Commission, with the `number of employers, pul
have said: "Can't something be done to con~olid~
the area ofei~forcement of employment r~g~ts?'~
I used in mytestimony the word "barrassed,"
of word fbat isused~time, andtime again..
Now, I have al~so heard these same com~plaiut~
of the Civil R~qbth CommissIQn. I kno~ that S(
pressed the feeling that bho~e who don't want enil.
ticular area, tend to PTa~ one'agenc~! over against
I have heard th~rn, for example,, express vigoro
the position of the Civil Se,rvice Cbmn~issidu .tc
cannot comply with some of the guidelines that ~ti
Employment Opportunity Commission.
So I recognize that arguments can he a~vanc
an issue of' this kind. But after going through al
our staff compiled on what is now happeri~ing in
ment in this area~ the members of ti~ie, Cpmmissi
arriving at the conclusion that time had cothe to
confusion, and to focus this responsibility atone p
Now, if this is done, there must be built into the
will insure the fact that the person filing an~
really doesbavehis or her day in court.
eo-197-~75--5
tb ~i~e possibiiit~Tof
ai~ ~n Oyiueñt O~
d ~o I~av~'thø tl8frL..
~ou1d be iterha~p~
~ cathm'itt~e on this
k~akh~ a p~itia~i 1on
~t~' ~lurify this paint
a have not ~nade any
he mAin points WhieI~
that is, wOuld it be,
:s reeathmendèd, or a
ai~arl7 f~eorn Th~ cii~ii
tthrto~have a variety
é honest and that it
ividixaiC; by disc~n-
uch easier to conceal
~nd I am not so ~ure
the reoommen'dartioli
~ty of options, rather
liairman,
m have just outlined.
t~in conflicts because
th results in various
at I have been on the
lie and private, who
~te these activities in
and this is the kind
froro some members
ne of them have cx-
re~ement in this par-
lie other.
is disagreement with
the effect that they
~ issued'by the EqnalI
d on both sides with
of the'evid'ence that
he `Federal Govern-
n Tiad no trouble in
try to eliminate this
~~int.
aw provisions which
idi.viduai complaint
~, ~ ..~ ~.:` ,~ ,.~ ~ ` , ~, M~'~ ~ ~
PAGENO="0066"
62
If you will ~iotè, we have .made some recommendations along that
particular l~nc I flunk that those recommendations are very impor-
ta~n~ Jeeause I feel that unless the individual citizen, whc~ is the victim
of the diserimznat~on, feeis t~hat there is a way for him to obtaiu reln~f,
that we are seriously und~rminrng confidence in the ability of our
Government to enforce constitutional rights.
I am perfectly willing to have people take the systemic approach,
et~ cetera; if it is done effectively, and if, hopefully, it will reduce the
individual complaints over the long pull. But' I don't think that we
can do anything that will interfere with. an effective and expeditious
handling of the individual complaint. .
Now, I believe that yOu can take this recommendation, and not only
handlO individual complaints as effectively as they are now being han-
dled, but improve the handling of those individual complaints Lord
knows, the present situation is not one that anyone is willing to de~:
fend, whether it is labor that they. are dealing with, employers, or the
civil i~ights community.
I don't think that~ perpetuating this diffusion of responsibility is'
going'to lead to any substantial improvement in the way' the individ-
ual complaint is now being handled But I do believe that this board
~~Ould' be established, and given the authority,' which'would mean that
the individual complaints would be handled better than `would other-
Wise be the case.
Mr. HAWKINS. One final question' before yielding `to one, of my coI~
leagues. Mr. Flemming, the Departmeñt"of Labor is considering pro-
posed changes in the implementation of the Executive Order 11~246
as it affects higher ectucation It is my understanding that recently the
civil `Rights Obmmission did pull together for consultation some
grdups on the ~tibjec't of affirmative action in higher education.
Would you give u~ the results of that consultation and your position
.on whether'or not this is one of the issues that should be handled b~r the
Coordinating Council on which you have commended this morning,
at least from the viewpoint of new leadership.
Do you think that this is an issue that should'be handled at that level
rather than the limited area in which it is now being handled, which is
almost a secretive manner with no publicity, and little involvement of
some.of the other agencies that would also be affected by any changes?
Mr. Fr~MMINo. Mr., Chairman, as you indicated, wedid hold, just a
few weeks ago, a public consultation on this issue We invited certain
`persons to prepare papers dealing.with the various problems' that had
been identified in this particular area.
`We also invited persons, to come in to react to each one of those
papers.
The members of the Commission, after listening to the presentation
o~ `the `papers and the reactions, then questioned the members of the
panel.
We knve in mind bringing to a head our own conclusions relativ~
to this matter at our meeting jn October. Then, having done that, we
intend to appear before the hearing examiner of the Department of
Labor, who, as you know, has been holding some hearings on proposed'
changes in regulations.
In view of where this stands at the present moment, I cannot state a
conclusion on the specific matters. I think, however, that I represent
PAGENO="0067"
the vi~ews .o~a11, VOf t~he, ~bers o~~e ~Qgn~
~ hen it eo~nes to app1y~u~g the ~*~z~jW ~
1~IQ~, no ~ei~Q b~eatme~t s1iouh~ be aoeo~4e
educat~on iu ti~e ~p~11c~tiQu o hose ~inc~ipi~
)~ou use some i~ietho~is that woUld. t~ke ~
which higher ~d~ication a~tually o~erate~. .A.
with higher education in an a&~inistrative éa
tliat when jtcomes 1~a1~rmati~reactiox~ in ~
c~tioxi, the fie1d, o~ ~i~her eduçatioñ sjiOnld~be
ànstrating that jt is possib~é to iniplen~ent the
the citizens ~ thj$ ~ftt101~ :
O~rtajnly, I~wi1~ not ~ a~ pti~ñ t:
t~1~at basic oonvi~tion, V
Mr v~x~s Than1~ yq~n, Mr F1emniip~
iate the une in which ~ou~ 1~ave spond~
questions tha~ ~ve luw~ pró~undêd to yqu~
Mr I3~CIIANAN Thank you, ~Lr Ohamnar~
Mriflemrning, 1 have not l~a~t ~n opportu~i:
report,yet. V V V V V V
Fi~n~o tt ~s a loris or~e,
Mr. flV~ NA~ X am I~Ot V~&l~ V~i Une~1 to
V to where westa~d. It wou14 appear~tbat~é a~
V along in thi~ niatter of èqu~l ~mplofti~át opr
to, ethnic discrimination,. a~nd V~cre are not nOW
sex discrimination i~ concerned. So it WVOtlld
V problem that i~ very, very great ~n this country
V Tb seem ~o be proble~s~oz~ both ~Mes oi
too many people who are uö~ be~in~ ade4uately
V being provided the Opportunity that~hsir Vab
but also the other side of the problem j5V that
businesses about har~ssm~it ~y di~ere~t,, a~
coitfronta1~on with One, and ~lmost imthed~
V another oonfr~ntation ~ith~ahother, V V V
~t does appear V to ~ne V that there has
coordination. V V V V V V
You knOw, they used t~ say,, in China the
Vmeiits. The goverzw4ent~s in, China V e.~ clia~i
just as befo~'e. NOW this V would appear ~O be~-
that kind Of prQbl~m. VVV V VV V V V V
It woul,d appear. to me that until tl~ Eê4
United States is VwIiiing Vt~ be~o~ne an ep~l
really until the American people Vare wiIlmg~
enough ail1~nathe athon ~s a matter
and~c9nviction, Vlt seems tome that it is going
V for any Goiternni~ntVVagency~ however broad ~
well organized, to get ~hisjobdbne. V VV V V V V V
Would you re~pond to that? DQ 7.0 fseJ
VVY to obtanV cow itin~nt ~n the part of V
commitment on the part of j~e6p1&to ~et thi4
done? V V V ~V V V V
~Ir FLEMMi~wo P~rmlt me to address~ my
V your question. V V V V V V V V V V V V V
There is no doubt in my mind. V bnt ~h~t th
as an employer, should ~et the right kind of
~s~çn wl~en ~
erlying. a~r~iativc~ V~C
~ hig~ier
nsi~atioi~ the wa?i~i
I one h V1$V V~td
acity; myIconv~ction is -
oyment V~iidhig;her edu~
tabbig the lead in d~u~ V
eons~itntipnal rights o~
M iflV iis,t w~b~
We ~ertaini~. dO aPPre~V
50 V~efi~jt1ve1y tO ~he
~ ~ to digest tour
is~ute yo~ Vf~Zid1II~5 a~
just Aot. really very Thr
or~unity *h~4 itcome~
)ff the gronnd as f~
appear that VWC J$~V ~,
;his. NOt only are there
prOtected AwhQ are not
Vlit~ might óornthand,
hear Vfr~queIitlyVfrom
es There is a long
tely after V there come~
0 be V some Vdegrøe ØVf
jnst absorbed goVern~
e4, but Ohina went On V
~ot q~ite, but
ral Govei'nmen,t of the
opportunity empIo~7er;
o become cpU V
~ choice, cothmitinent~, V
~ be tremendously VhaI~cl.
s po*~rs, and ho~wever
that we have to, ~nd
his Government and a
job dpne, If it iSto be.
~! to the ~r~t ~rt fV
*VV Federal Goirernmei~t; V
icxample. I believe in
V.V~VVV.V~1
PAGENO="0068"
64
the basic cox~cepts underlying the civil se~'vice system B~ut t~he civil
service systeth is not an end in itself, it is a means to an end
It has bethim~ privileg~tô s~rve on theCwnrniss!on during World
War II, and durixW that ~enod pf tithe we had to revollitloni7e our
~one~ts, ~ur ~rog1~ams; an4 oth~ meth~1ds f~r jriiplementii~g the prog~~
grams in. order to ~ia1~é it possible for the system to heipthe Nation
ivm the war.
Our attitude was that anythipg in the system that got in the way of
getting people on the job in the shortest possible period of time had
to yield to that overall objective.
This Nation through. the Constitution of the United States, ~s in-
ftrpreted by t~e courts thid as impl~mented by congressional action,
has committed itself to providing equal employnient opportunities
to the people of this Nation If there is anything in the civil service
system that stands tn the way of achieving that objective, whatever it
is must yield to this over~l1 d~jeetive, bécai~se the fuuct~On Of the civil
service syst~m jst0 help The Government do the job that it should do.
One of the jobs~.thnt the Governtheflt should do, obvi~tisly, is to
enforce, make sure that there are equal employment opportunities.
If the Gncernment is gQing~tQ pursue other employers, or bring pther
employers into hine;itmust step into line itself~
This is why. we devoted a .fe~ pages at the begiiming of. our report,
to identifym~ the difl~erence between the Civil Service Commission
~uid the Qivil Bights Com~niSsion as defined by the Chairman of the
Civil Service Commission.
So, people as a whole are not going to have ~nuch confidence in the
way in. which anybody. operates out in the private sector unless the
Govethment, as an employer, is doing.the job that jt. should do. In the
judgment of this Commission,~ the Government is not doing that job
at the prese~it time~ .
Wow, talthig. the second part of your question. Of course, we have
to keèp~ on workiiig and' working on getting commitment on the part
of our pepple to the~ er~orcement of these constitut~pnai rights.
I think that in this &inriectioh, we are at a very critical point in our
histo.i~y as ~ai Natiou~ We ,.j~ve some good Jaws on the ~ook~. We have
~opie good court decisions. Now we are at the point where we are
hying t~ d~mon~trate whether or not we are capable, as a Nation, of
implementing those laws aiud implei~nentiiig those court decisions.
Of course, when you start implenlenting and start interfering with
the stMus quo, then trouble, deyelops~. Some people get discouraged
~iid drop out Iliowever, th~ Civil Thghts Commission feels that this
isthO ,t~rne when :~hose who arp ~committed to the civii rights move-
~ineñt and coithIiitted to the im~IethCntation of those' constitutional
rights, should stay in therewith more persistence,than ever before.
We are concerned about development in this area, and also certain
other areas that I will not, get into.
Mr. BUCHANAN. You indicated, first of all, as to the commjtmen~
on the part of the people, generally private employers in the lJnited
States, and non-Federal employers in the tTnited States that EEOC
i'ias not done much good with voluntary compliance~ You said that
EEOC was to obtain 61 voluntary affirmative action agreements with
~mployers ,and obtained' only 1, and that this ~as not satisfactory.
PAGENO="0069"
Jsthe Cc missio~ pT~redtQ g'~v~ i~niJE~
a crew, and t~ld,~ "`Your j~b is to go oi~t and~t~
to do Very cleaxiy, tell th~n'*bat the law re~
find a~wayto do so: Whycax thx~y do it~
I wonder if ~nybody eter ba~s made s~ ii
inform people àf' `what they must do, and w~
Mr. FLj~rMINa. Congressman, I feel that ~
nn tho~possIbilities that a~e iiiheren~, in voiu
~ever, I ~isq feel J~bat we should never be in
relying solely on voluntary compliance'.
As I see il~, you need a. vigorous enforcem(
hav~ a vigorous enforcement program that wi
to give consideration to voluntary ~omplian
vigorous enforcement progr~m,, then I am noi
*ing with so~ne of the currents and cros~-ourr
equal ~mpioymen~ qpportunity.
I don't think that. we should give up. ,I tli
hand in hand.
Mr.. BucII'A~A'N. I completely concur, I doi~
has come up with major proposals for a maj
~tary compliance..
This would involve an educational .proce
~cated, and it would be a wa~siv~ effort, `but it
shpuld be some bop~ in that route., ~ou h~
vei~y strong recommeildations oi~i enforcement.
I wonder if the G~mmis~ion has everaddrc
a possible way.
Mr. FLEMM~NG. Let me ask Mr. Buggs to
perience in California and here.
Mr. BnGGS. Congressman Buchanan, there
that have worked in the promotion of yolun
nection ~vith the existence of employment d
housing discrimination.
The Comrnission that I served cui for i5
County Human Relations Commission-bad
We covered the county, and we. covered~ all ol
We organized community groups in city afi
after community, the sole .purpose~of which w
nize what their responsibilities were and to
ities regardi~ig the discrimination that did e~d
Our Commission was not unique. Many
country were, then, and are now attemptingt
grams ift this area. I might say that,, I thu
were obtained.. ` .
However, the success that was obtained ~
~9~4 act here, and the success that was obtaim
patsage of the. ~ir Einp1~yrpent Practices
~important and so much rnpresignificax~t~ that
anyone should not "have an ~dd~atiow~Fpçog~
~s absolutely right, an edueational.program h
ingful when back behind it is. s~we
J?art of theGovernme~it. ` ``
~ `~`" ~ ; ~. ~
L~S idea.?:[~ ~ weregiven~
l'people wMt they have
uire~," Ib~lie~eI eGuki
~ssive enough e~ort to
`e should never give up
itary ~ompliance~.
p~sitiOn where we are
at program, aiu~l if you
I encourage some persofl
e. I~ you haven't get a
too hopeful about deal~
ats tbat~ operate against
~k that they should go
`t know of anybody who
r effort to obtain volun..
e. 1t would be compli.
wou~i&appear that there
ye càm~ up with . 5orne
,~sed itself to that' side as
draw fom his wide ex~
are many. organizations
~ary compliance in con~
[scrimination as well as
years-the Los Angeles
Ln e4ucational prograrn.
the cities in the cQuflty.
er city, and community
s to get people to recog-
ct on those responsibil'~
t.
uch groups around tii~e
~romote voluntary pro-
k, some min9r successes,
fter th~ passage of the
d in California after the
~ct,. was so much more
thileI don~t believe that
m,~ tl~ünkthe chainina~
comes i~uch more meap~
i~t responsibility ~n ~he
~ ~ ~ b ~ ~
PAGENO="0070"
66
Mr BUCTL&NAN Let u~ talk about the Government for just a mo~
ment All the ~tatisti~s indicate that the Government is about where
private businesses are t~s an equal emj~lp~ment opportunity employer
As I understand it, the public sector is just about where private busi-
ness i~, the Federal Goitei~nmeut inky do ~. little bit better, but not
much
You indicate quite correctly that the Board you recommend would
be vested with broad administrative and litigatwe authority It could
decertify labor unions, terminate any Federal grants, it could debar
Federal contractors, it could revoke any Federal licenses for failure
to comply with the.Board's orders. ThOse are pretty tough powers. Yet,
do any Of them apply to the Federal Government?
What means could get at the Fedoral problems where the leadership
ought to be given? Do you see what I mean? You are recommending
some very tough powers directed at the private sector, but when it
comes to the public sector where the problem appe~rs to be equally
great, or almost as great ä.t the very least, and which ought to be giving
l~adership, what happens then?
Mr. FLE~niiNG. I appreciate that question because it addresses itself
to what I think is a very important issue.
* First of all, I think you gather that under our recommendation, the
Civil Service Commission, as the Government's central personnel
agency, would have to operate under the policies as set by the new
Board. It would have to operate under `the guidelines set by the new
Board.
The new Board would have the responsibility of monitoring and
assessing- what the Commission was doing in connection with the
`implementation of those policies and the implementation of those
guidelines. .
You are correct, as far as I can recall, our report does not address
itself to the sanctions that the new Board might apply to Federal
officials who failed tO implement the policies and th~ guidelines.
I think that we should give consideration to that I have some ideas,
~personally, as to sanctions that could be applied It has to have teeth in
-it as far as the Commission and the Federal administrators are con-
cerned, just as we provide teeth for the enforcement of the policy and
~guidelines in the private sector. -
Mr. BUCHANAN. I may have run out of time, and I don't want to rui~
this point into the ground. I au rath~r glad that you made the recom.
mendations you made, and I don't know with certainty what we ought
~o do about it.,.* . *
I agree with you that there has to be a stick, not only as it exists in
` present laws, but in what is proposed and what-may come to be. I think
that all of that provides a certain reasonfor people to pay attention to
the fact that we need to do something about equal employment
You indicate in your statement that the Board would have to
develop a procedure for identifying employers, labor unions, and em-
ployment agencies whose hiring record and work forces show prima
facie evidence of discrimination, and theu requiring those groups
covered by title VII to correct discriminatory employment patterns
You have all of these tough things that you can do You are going
to find the worst offenders, and you are going to zero in on them first
`That is well `and good. This, however, can also have complications.
PAGENO="0071"
67
Ihave a friend whris'1now retire~f1, ai~d it~
more, but he was very devóut,a, v~ry reiigioii~
company, back in the early years, tO e a un
~n ~hat were then .cbnside~ed ~r~tty~go~ j&~s,
iiappenü~giut1i~ education sy~tèm and s~fpk'tli.
He ethployed a fair number of si~ôh rSo1i~
1a~tory, whei~ at that point i'~ history otherpe
white persons fox' cotnparable jbbs and m~iy s
to black 4merieai~,
He wa~ demonsti~athig some coneern, and a cér
emnent, by doing that, but as histox'y ~rogre~s
do the things that weshould. h~ve been doi~ng
bring about equal e~nploynIent opportilnity tha
go through trial after trial with agency aftex~
ened from the company's point of view by t]
for some years~ employed a fait1y ige iiumb
jobs which migl3t have been, thrqngh those ye~
we ought to havebeex~. dolug fOr a l~u'g 1~iñ~, i~
Oth~s who had been le~ en1ighteii~d, and
several ways tohave an'e~asier time,
I know another pr~ent employer who ~
~onfrontatIon,af~d who dO~s riot r~ally know w~
him. At thi~ point,, he would 1o anything~ if h~
~vhatit was he cpuid do to get the Government
could give his attention to his business, an4 so
* plying with ~vhatever it was the law does requix'
I don't think that a handiful of ~oii~ritéers, or
ing here and thete around. the country, ar~ ~
~probie~n. Maybe I `have a distorted wox'ld ~ie~
~hat there should i~e some massive e~ort by Go~
pie, as best we ckn, what ~t is we do have to do,
I am still not satisfied that the Commission
at that side of the problem. I am riot denying t
to . be teeth. .. .
It see~iis to me that some of the people who
people wh~o migh~, had th~re b~en an adequate
~ational activity, have been helping to lead the
Mr. FLE~MING. Mr. çoi~gressman,I 40n't c
about those who have overaU re~onsibiiity s
~oncept of tbM overall respon~ibiiity, the Carr~
might term an educational program.
Certainly, when as a result of that educati
compliance with the Coth~titi~tion and the law o
the good.
`I still feel tha)~ we have to hav~ an
and that the country has to ñn4ersta~id thatt
forcement program. Now, ~4iicatiox~a1 a~tiyiti
enfor~ement prograim~ because it m~t~ that x~
* carry' them on effectiveiy~ ~i fair m~øi~ of ~
* ~theri~ise have to deal with in tethis of `yOur
you will not h~ve to deal with them b~ca.use t
and they have ~oni~ to compliance on ~
So, again, Ithink that it is both, and itisn
~ ~* ~ ~ ~
riot his prbbleni any
)èr~ou, arid he led .liil~
~iiher o~fblac1~per~ons
3on~ider5~ng' *batwas
ibis cornpatiy, fl~L h~s
sons were em~ioyiiig
.ch dooi~s wèx'e closed
`am c$gree ~f'en.light~
ci and as we began to
";ll alOng in tx~3~1ng t~
man saw his company
~`ency, each one wors~
~. fact that they had,
of black persons iii
~s beforewe did what
*eld by white pO±~oxW.
~têd `later,' seemed .in
d ,oenfrontatiori after
Lat the lawrequires of
could just be sure of
~ff his back, so. that he
that he could be com~
~of him,.
~rivate outfts opez'at-
er going to solve the
but it appéats `to me
rnment to tell the pso-
othat we can doit.
Las adeqriately, looked
e fact that there have
çet hit the hardest a~e
pro~ram of~such edu~
way.
allenge at: all the idea
ould in'clride, Iu their
n~ forward of what.I
nal program you get
the land, that is all to
enf~rcexneiit' program
Lere is an ~ffecti~e en~
9 oa~n strengthen th~t
.rbri `carry them on and
ecpie that' yori would
i~forceitient resources,
iey ar~ in' complianCe~
ax'y basi~
vt~ either/or.
PAGENO="0072"
Mr.~,BtrcHAN~N. I wonhit not :cJiallenge that, ai~d 1 appreciate your
~esponse.
Mr. IAW~Kn~S. ~iXr, Benitez..
~fr. B~NITEz.~ Dr. *Flemmi~.g, in the firstplace~ I would like to thank
you very much for your p~esentation and for your esse~tiai. appi~oach,
~whjch I understand to be that in your j,udgn~ent civil rights is one of
the ci~uçial issues in Ameri~aii demorr~cy, .an~d that there is an inade~~
qnate, at~ei~t~on g~ven to the solution of such reaiitie~ as established. I
agree very much with that.
`I. also~agree ~itl~ your position that it beiipove~ ~he basic leadership
of the Nation to assume re'sp~nsibility for resolving this problem. The
~mver~ities, .f or instance, are. failing in their job of education and of
ieadersiup,~ w'hen~ they, themselves,, don't take it upon themselves to
deal wrth this, affirmative p~obiem, and are the defendants instead of
the prosecutors. I quite agree.
`I also agree that~the Civil Service Commission could ta'T~e a stronger
role. , .
I am~sho~be4 by the data you~ bring on pag~ 14 `of your statement,
No~ .7, coi~cerning,the.laclvadai'sica1 way in which the Equal Empioy~
inent `Opportunity commission has, been acting on its. responsibilities.
Now,. if these facts are as you indicate, and there `is an e~sentjial in-
ei~tia in this group specifically cre~tted for" this particular purpose,
;~ould you anticipate that a larger bureaucracy arid a wider structure
is going, to be more meaningful in achieving results by the mere' fact
of being `bigger?
Mr. FLEMMING. Certainly, it does not necessarily follow. I agree with
yeu `on that. I `do feel that if this new Board wa's currently' `the central
point as f~r as the Federal ftoverirrneiat's activities are. concerned, our
whole system of checks. `and balances could `operate. considerably more
eiFeot~ively than it is operating at the present ~`iirne.
Ms~, I put a good' deal of stress on the desirability of t'h'is Board
having cease and desist. `authority. It!seems to me.th'a~t if it did have this'
kind of authority that this could lead to more sig~riflc'ant action than
we `are getting `at the present `time. `
From all `of my `ex'periènce~ `in government, I know that a reorgani-
zati~n dQes not ~aeeessarily solve `our problems. A reorganization, hoper
fully, put's people who want to `do a job in a position to do `a `better
`job than ~ouido'therwise be the'case.
TIre ~key; in this particular instance, would be `the people who would
be appointed to it, `and their degree of ~ommitmen't to th:is.
Mr. BENITEZ. This is the point.. It seems to' m'eso~new'h'at involved~,
but not e~plieitly sta~te~d in your testimony, that we need laws and we
need ~ederaliz'ation, `but more `importantly we need priorities : iii
values. `
Mr. FL~MI~~o. I agreewhuleheartedly.
Mr. BENTTEZ. Of `decisive importance'. for the future `of the United
States i~ t~ have `the O~portunities for all. The regulation that yon
recemmend `has the po~sibili'ty of providing a moral structure with
~bwer. If we do not recognize'our obligation~,.we will not `accomplish
this revolutionary task of making the Declaration of Independence
a reality. ` ` ` ` ` " . ` . `
Mr. FLEMM]~NG. [agree completely. , ` ` ` . " ` ` .
PAGENO="0073"
~Qne of ~y ~sw~l4 be t~h~ n~ew ~l~gisf1at
reflect ~ renewex!I a~I mere d~tern~k~c1 ~c~s~mit
Federal to ~
ML N~Z?TZ~á~{k ~ ~
~ TL~w~ç~ Mz' FI~n~min~,ju~ ~pr~two
First *iJth~ r~pe~tto the ourcé~i3hM~ $u1~
jie~ ~gency~ ~ `c o~it kits fuuetio~s and `dut
you a~ay idea ~ha~ we ar~ talking at~iut iii teri~s
.Mi~ F~'~xi~o~ TT~ s4~ff i~fo±ths~me~ tl~
~p~froxima1ely $170 ~tdfflb4 ~s bei vested
Commission reoo~xumrnded, t~ a rule ft~hixn~b, t
50'pèrcent; wlirdli vouldbHii~ ~t~atøi±T1cT
~r, HAwI~INs., As co~p~red~ ~with th~
various ageflcies ~f $170 miflioni.
W~ulcl this ~xioJnde the subsidies and fees to lô
~ to ,t~em?
Mr. Th~n~nNd. Yes~ th~at would be include
magude~ecQmmei~d~ition. ~ is ani order of m4
menidation, môrë than a recommendation that
break4owiv
Mr, IL~wi~Ns~ It ~s envisioned that ~ppi~oxi
~esourcé~ would be. allbc~te~t~ s~te~iiie d~dr~
to th~ôtber adtiyities? .
Mr. FL i~ri~o. That j~ouj~ ,~ugge~tion, itt is
nitucle tyipe suggestion. If the Board ca~ne intO
ting eu the Boai~d, one year to the next there
pu that.
This is simply,designed to i~tnderline oi~r o'~
poi~tance of tb4t particular function.
Mr. HAwKINs. In yQurprepared ~tate'ment,
be soniewhat critical of. the de~erralbf cases ,~d
human right agencies. Is thi~ somewhat oonj~a
of the recommenda~tion that this proc~ess shoul
even more cases, if possible, should be defeire.
MT. FLE~iIN~ We bel~eve if the whol~ prod
the way in whiei~ we have re~pmmenddd ii, s~
processafter the strengthefling ha~ t~kpii pl~ce,
ent conclusion than we ha~ie arrived at relativ
`carried on at the pres~nt tin~e.,'.
Mr.'E~wici~es. I.yield to Mr~ Buchanan for ju
Mr. FLEMMING. If I may j~ist add to that.
recommendation is the rdcommeridation tbat~t]
`si~tanee e,n a per case basis. We ask that thi~~not
Mr. HAwI~ws. You envisioii that th~y~ wou
ferred to State and local civil rights agencies,
some ,de~gre~ of se,le~ction as to wh~chone,s wild~
Mr. FLEMMTNG. Definitely, there would be
pther wor4s, we feel th~rt,the, floar~ slild~e~t~
State and lcal commissions, and if the State,
don't conform to those standards, then. they ~`
IerraL . ,.. S
on of this kind would'
~ent dii fh~ ~ ~he
~uestIô~s.
ink a~re'ne~ded by this
Le~ ~s envi~ioi~ed, h~r~
ç~foosts?
~S' of the `p1~sent time',
n the~ activities The
i~t tl~is be is~db~
~ tthllio~i. .
~sent expenditure for
aT gove~'ei~ for th~
1 within that order of
gnitudetyp&~f recom~
is based on a detailed
.ate~ly' 50 percent `of ~
ainatiqn, and about 50
~gain an ~ord~ of niag~
being,, aM we we1~O ~it~
riight~ b~ ~oine ~rariance
n feeling as to the im-
i page, 1~ you seem tO
jialified St~tte and lqcal
.oto'r~ to the cpnetu~ion
1, he strd~agthenCd, and
r~tber thail fewer?'
.ss was s,trengthene4 in
DmeQn~ evaluating the
~oulã arrive at a ditFer-
~ to the process `that is
a mOment.
II .thi'uJ~ the kdy. to eur
ey receive financial as-
`e forgotten;
d be~ a~itomatically ~
or that there would be
e~ferr.~&? ,
a selection pro5oess. Iii
bJ~sk standar~e foi~ the
a~d5 lecaL commissions
mild not ma1~e any re-
PAGENO="0074"
~7o
I ~lunk tha1~ ~f it-were deu~ mt~iat way, i~id you did ~nake a referral,
you would have a reasonable chance of getting effective action
Mr HAWKINS Mr Buchana~i wishes to pursue that,
Mr BVC1L~NA~ I wonder if you have any recommenchttions, ~hottld
the Board be established and EEOC abolished, what would happen to
the 9S,OOO~ eases? , S
Mr FLEM~&ING Having gone through a fair number of reorganiza-
tioi~ in tim Federal Government, different approaches are taken
4s `I' indicated in respon~e to the chairman's question earlier, the
Commission has not addressed itself to the question of how you would
take existing authority, resources and personnel resources, and kind of
`~o1d them into the new Board.
As I' indicated to the chairman, if £he committ~e `reaches the point
where they would like to have our recommendations along that par
ticular line, I am sure the Commission would be very happy to give
consideration' `to the~ issue, including the issue of how you utilize the
EEOC in' bringing anidea of this kind into being.
Mr BUCHANAN I am thinking in terms of the individuals who have
cases pending.. S
Mr Fn~Mi~ixNG You have a lot of very rare practical problems there
I know' that when I became a member of President Eisenhower's Ad-
visory Committee on Reorganization, the. first assignment he gave to
us, his brother, Dr Milton Eisenhower, Nelson Rockfeller, and myself,
was to devise a reorganization plan to bring the Department of Health,
Education, and Welfare into existence, and replace the Federal Secur-
S ityAgency.'
He made the decision that there wa~ to be a new agency, and he
gave us `pretty clear ideas' of what the boundaries of that particular
agency should be. Then it was up to us to take that deeisi9n and go to
work and figure out how you can take your existing authorities finan-
cial resources and personnel resources, and work them in such a man
ner asto get thevery best results.
This was the reorganization plan that he finally submitted to the
Congress, and which, in this case, Congress approved
Now, here we' are recommending that a decision be made to- have
this kind- of a new Board. Once that decision is made, there are a lot
of ~subsidiary issues to whick,persons woul4 have to address tl~em~
selves. - S S
As I have said, if the committee would' like us -to do that, we would
be very happy to address ourselves to some of those subsidiary issues
`:Mr. BUcHANAN. Thank you, Mr. Chairman.
Mr hAWKINS One final question, Mr Flemming, in anticipation of
the next witness What is the position of the Commission with respect
to the expansion of title VII to include prohibition of discrimination
`on the basis of age and physipal handicap-? S -
Mr~ FLEHMINO. This is entered in the recommendation in- this par-
ticu-lar report. ` -
Mr HAWK~NS The board which you would create would include
that expansion, I understand
Mr. Fi,~MMING. That is correct.,
Mr. HAWKINS.. Without the expansion, of the new agency, has -a
recommendation been made ~by the Commission with respect to, let
us say, the existing Equal Employment Opportunity Commission also
PAGENO="0075"
hating. ~1ie ~im~tion~: Q~?~
based ox~ *~e añ~ ~hy~i~lha*d~ôatP ~
~ Mr. ~ Mr 01 ~ ~ou~4p~
aeted 1egisl~tión 4ealixig' with discrimiwthofl
`and mental ha~dioaps. Also, as yoi~1~now, 4~
~ported out the tensiøi~-~* bill, ~r~d*g o
O1~der Ameriôana Mt, it' include4 a title 4~a1j
* á~e4isOrimiuatiou. The orii~ contact that hasb
Bights Commission, re1at~v~to~ti~at, is a cotta
H ~sking us whether ~r not, a~ithorizatioii were
priated, the Commission ~would be wiliing4q
`investigation of the whole issue `of discrimina
I to~k thã~t up ~with~ my colleagues, and:w~ r
be willing t~ `do~hat. That n~atter is nçw in
~ei~ate and the House. I `cloi~'t know, o~ eou~
OQX~O Q~t, * *
i:n connectiQu with my p~ei~t ~1ixdes, t ~
This raises age, and does not' raise further' the
ox~ the basis `of haiidio~p.We have not ha(
~4QIi 1on ~hat,~ and, we, ourselves, have nOt yet
a~. we have récommencted that' it be inelnded
new board. * *
Lthin1~,thatit c~n be d~dizced from~th~t th
* That we woul,d f~ypr that it be `inelud,ed wit
or more ôf.th~ existing a~enei~s. `~ " *
Mr. HAw~I~s. CertainJy~T w~rit to unde
many of the views expressed by~ Mt. Bucba~
* solidation, `Thi~ Committee is grø~4y `co~~
~unetU~ns, * and, the necessity of b~ing~ng
`consolidation. " * *
* i~ersonal1y, I am inclined to beliè* `th~t it
cOnflicts as to *hat th~ la~ requires o~f md'
* som~tirnes we may go overboard, and beingsy
wrong cases. * * **
* Qbviously, I think that something should
will certainly a dress it~e1f thoroughly `to th
are delighted that you b~ve, in a ~ens5, provid
`field by addressing these problems." *
Mr. FL~MMIwG~ I wanted* to s~y that I a
`what you have just said, and. `i"know that 1
colleagues. ` ` ` ~` *
* Ag~in,, as yo,u get into it, if `y~u feel tMt w
you as you confroñt'epecific issues, we will be
Mr. IT fl~INs. W~ certa~inlyappreciatethat~
Mr. BtTOHANAN. Mr.' Chairman, I' wanted t
the idea of the inclusion of" diseriminatlon
handicap. , `` `` *
Were I to op~rate'a business in New Yorl~
one position~ `available' in' ñiy, organization f~
* qualified for `that position one black pe~on,
Rican and caucasian. wo~nan and on~~i~tn.
tirement age person, I might ~e1l my bu4nè
* * "~ ~" `~
ag~Lrn~t 4i~rinatiOn
`,,the Coqgress has en.
ñ `t)~e 1*si$ of physical
`the full cominittee `re-p
t:'th~ extension. o~ the
g with `the cinestion of
en `made'*ith the Ci~v~i
t from t1j~ Seuat~ ide'
iven ~an4 funds ~
~ke a,ba~i~ ~tu~1y ~nd
mi on tire ba$s of age.
sponded th~t we would
~ónference between the
~, how tie is going to
~` very' rr~uch ier'e~t~ct
question o~ discrimina~
L~ny request for a posi-
~ake~ a p~siti9n, except
~n the authority o~ this
twe' have no objection.
th~ the a,uhority of one
score `the ~ne~tiou `andL
an with r~epsct `to eon~
ied about overla~p~ng~
~bout ~$i~s degree ot
s des~table. The present
`i5* so hazy, that
~pathetie, sometimes, to
e 4one. This committe~
*t suhjeet.~We certainly
~d the leadership ju this
ii very~appr~ciative of
`sharp the views~ of my
c~ `be `of, assistanice to
Lore than ha~py'to do it~
point ~üt that' I favor
)n,the basis' of a~e and'
ity, howei~er, ~ud','I ha4
promotion, `and' ~I had
n.e Chicai~o, one Puerto
`th. vetèifan~ and oi~ re
$ at thls~oiut; ~:
PAGENO="0076"
Mr. 1TrEi~. ~ tho~c gro~ups with ø~ne
in~hviç~ua1
Mr B 1!AN~N `J~his fras t~ be a very complicated probIen~, ancd I
~ioxt't JxLewI~ to dea1~ l~ght~y with it This i~ the greatest challenge that
we face don~estieali~ in our country
I thank ypi~ als~ for the~lead~rs~ip that you are giving and I assiure
~róu that boh $ides~o~f this (~Qrnmitteeare going t(~ p~Ly cioseattent
to your recom~mendatrnn~
~~T1aNs. Tthinkth~rtthis coucludes oiitquestnns.
Oertainl~,Mr. ~icinming, we are~ again thankful for yotir presenta-
tion this rnorning~ and also1 gt~tëful to Mr. Buggs and Ms. Adams.
Thank ~u v~ry much:
The next ~vitness is the Honorable Floyd V. Hicks, U.S. Repre-
sentative of the Sixth District Of Washington. We certainly welcome
you before the subcommittee. We are well aware of your outstanding
efforts in ~the field in which yo~u are going to address tQ this subeonri-
:mittee this morning. Wejiope that we have not done you any damag~
in the previous testim~ii~ih any way.
This ~rctnthittee is ve~y~attehti~e and s~mptLthetic with many of the
views that yOu will expTe~s. SO we are very h~ppy to have you before
the ~Ommittee~ -
~TAT~MZWF O~ 1WN~ ~OYD V.BICKS, U.S. ~EPR~E1~TTATIVE OP
TEE SIXTH DTSTTtiCT or WASHINGTON
Mr. IIic*s. Thank you very ninch, Mr. Chairman, Mr. Buchanan~
and M~. BCnitez.
This is ave~y1small segment of~this overall problem that you people
face, howMr~r, to thOs~~6ncerned it i~ a very important s~gment, I am
sure. ...
I am grateful th~rt you a~re holding these he~rings~ I have been in-
troducin~ a bill for a number of years now, 4irected to the one seg-
~nent; theltandicapped. `That is the only area I will he addressing this
morning. *
I point out that there are more fhan 40 ñiillion Americans who have
home physical disability as1a result of war injurieS, accidents, disease,
birth defects or the ravages of poverty-. Thanks to improved training
~nd rehabilitation programs, howe~r, more and more of these in~
dividuals are~eiitering the job market with skills thatmatch or surpass
those skillë now in-dertiand by employers.
Yet, for all their skills and training, many disabled workers still
~o not receive fair and equitable consideration in hiring, pay, and pro-
motion p:ractiees.
We have already taken sOme steps to remedy this situation. As you
`~~e aware, di~abIed persons are ~no~v protected against discrimination
by Federal agencies and by private employers with Federal contraCts
under the Vocational R ehabilitation Act of 1973, which I think Dr.
~le~riminrg was referring tô just a moment ago.
Unfortunately, this covers only about one-third of the total em-
ployment market. While safeguards against discrimination on the
basis of race, creed or sex~do exist by law in the other two-thirds of
the market~tbe physically disabled are not so protected.
PAGENO="0077"
:F~ ~xathpk~i~ case~ r~ght tø my att~
1~nafl ~had ~w B~. degre~e ii~ ~* .e4ueatiQn, awl
teacher's ~er~tificate, atid had several pars pati
iti~ e~p~ri~o~
~pp1ied~for and wa~ turjaecl dQWJ~fO~ a
tion in favor of~ain ]~ng1i~h teacher whom. th~ ~
~fi~IIi the positio~ preirwns1y~
The superintendent of schools flatly stated:
ce of hi~ ~h~andicap . a~d.1 don't~ thi~k~a~y~
Be~ause of sitinitions 1ðis,.i~o~è than ~(
join&1 m~ in cospdnsori~ig ~bi~ii whiQil ~ouid
ed~indiirjdt~ls under the eqt~a~ioyf1~em~
oi~ th~ Civil 1~i~1its ~A~t Of ~ Si~ace ~$nQ
recei~~ed supportimg lë~tt'er~ firo~n~ a~li aci~oss ~Ja~
I `4~ould like to iread yo~u an~ e~cerpt $ron~
r~habiIithtión co1mseloT~
I am `c~unsel1ng `a 27-year-c~id~ ~liènt W~o'~t~ U~s~
gradukted~frthii `éollegn with ~ ~e~ee i~i Spax~i~h, j*s~
2 y~rs~an'dts now renpon~ib~e ~o uU~d raising in eo~in
cnn~paign.
She can ~rive.'l~er own car, h~s ilndkrstandable s~ee~
the i~iot1vation to obt,a1i~ fut1~tthie' em~1oynie~it~ U~W
tQ obtaIn even entry~Ie~i' o~inent, even ti~iou~h
years. " `
All too oft~n this di~he~rtenix~g story has `h
tragedy'i's th~t if empIoye'ts would only check
find that, in many instances the disabled hay
them' more desirable ~n~loyees than their' able
For example, a Prentiee~Hsil Co. swdy' md
had absenteeism, lateness, and job turnover ra
disabled eniplpye~ while dependability and m~
the' disabled.
This, of course, does not do any good, if th
to' evemi make a start.
A' Labor Department comparison of w~á
disabled employees had 6 perceflt ~fe~ve~ ~ou4l
With this in mind, it seems inconceivable th
~would ~eje'ct a person Muit~1y `~bec~iso'that ~er,s
that would not affé~t ~ob `~e'fotmflanee~ Yet,
base mall too maiiy instances.
T~mis practice, `in my ~iew, $~oU!ld p~ot. oont~u
no less protection than any other segment of o
unreasonable' discrimination,
`The `Commission on C~vi~ `Bights' ag~ees,~ it
sion, as witnessed b~ i1ts~ s~g~$ion thth~e~h
under title VII of the CivIl i~glats~ ~ct ~ui its
new' agency'~th~t'was~ jast being thscL~~ds~e
I would; themfot~, like t~ uxge the' ~~co
~ be ineludeci u~ter
Thank you. `.` .
"`Mr. H~ivi~s. `Thank you,~ ~ Thcks~ T pe
views are so clear cut, and `the case you make" i
that we will `consider tbat,recommendatioL
atjon. wherein ~young
~`i~d earn~ct th~e' ~tat~
~~time, ~ub,stitute tc:
1~-tin~ie a4~teaciierpoSi-
çthool ~iis~rict had' fired
`[. did not hit~ him be-'
ne else iyo~ld eitbe'r.~
of my oliea~g'ues .`hav~
~nclude phy$e,~lly di~-~
~p~ortun~ty provisions
Ling~ the bill,~ I bav~e
Nation. `
ne' `letter written by a
~d by èeirebral palsy., She
`orke~ as a boo1d~eeper for
~ction w~tIi the Ea~thr ~eaI
a ~iarrnpér~nalit~' `end
rer, she has been unable'
L~e ~as been bolting for 2
~en repeated. The, real
the `rec~d, they would
attributes' that `make.
bodied counterparts.
c~ates that the disable4
es lover than ~the non-
ai~ were higher among
y do&t get the chance
rOcords indicated, that
~-~ob iñ~piries.
a potential: employer
~n'is disabled in a
~is appears tq be the
~.` The disabled deserve
r sdciety~ e~perienoim~
ink, with this couclu-
~dic~ppe'd be `included
r~pQt~t,~and~1mder `this
e~v board.
n~ittee to recommend
hat section~ of the act.
~ona1l'y ~e~1 tl~at yQnr
such an excellent on~,
~ ~
PAGENO="0078"
`~ ~ ~ :74
~ the present time, `we have not made any recommendations for th~
new legislation as such, but when we do, I am sure that this will be
given top consideration. :
Mr Hici~s I would call the comnnttee's attention to three nanles,
one which you will not recognize, probably, and the other two that you
will Franklin Roosevelt, George Wallace, and a fellow by the name
of George Nally, all those people had one thing in common, they
occupied a wheelchair
Of course, one came by way of disease, and two came by way of acci~
dents, one iS the one that you don't know about They were able to
over their services to the public, and they obtained employment
The two you recognise The fellow by the name of George Wally is
from my district~ lie is on the city council for the city of Tacoma, and
lie had the temerity to run against me the last time
He is a very~ capable individual, but he is totallyconflned.to a wheel.
chair. If he werestarting out to try and obtain employment some place,
I can see where he might never get his foot inside the door in private
employment Yet he does an outstanding job in public employment
I listened to Mr~ Buchanan this morning, and my own people, as do
yours; complain about the great number of Federal regulatory agen-~
cics an4 the great nwnber of people. that they have to answer to.
Unfortunately, we do discriminate in this world Sometimes, it re~
quires some sort of a coercive force, or someone looking over our shoul~
der to keep reminding us that we ought not to do it.
Mr. HAWJ~XNB. Mr. Hicks I agree with everything that you say-we
discriminate against individuals who have no apparent handicap at
all If we are not prepared to put to work every person who is willing
and able to work, then I don't think that we will ever put to work those
who may, for some reason or another, appear to have some ~type of a
handicap Discrimination may be based on the color of the skin, na-
ti~nai origin, the fact that onO person may prefer a blond to a brunette,
or some other factor.
The basic question is that we don't seem to want to employ people,
we want to restrict the contribution of people on the theory that we
cannot expand too fast, that it is inflationary, that it is too costly, et
cetera.
With that type of a policy, or attitude, it just worries me how are*
we ever going~tO get around to ending discrimination in all of its man-
~festations, on the theory that there are not enough 1obs Various
groups are going to fight among each other for the few jobs that are
there.
That is the only thing that worries me about trying to legislate on
the basis of our deep conviction I don't think that a person should be
discriminated against on the basis of age, but if you have too few jobs,
how are you going to select those individuals
It seems unfair to inc that we are not anxious to achieve a fully em-
ployed economy, and try to provide jobs for all citizens
During World War ~fl, I recall; we were anxious to get the physi-
Qally handic~pped and everybody else, into the effort. As soon as the
war was over, we went back to the idea that we could not produce
enough jobs.
How are ~ve going to do it in te~ms of legislation of this nature? I
agree with you, and I don't know whether I am a cosponsor of your
bill, and I should be, if I am not.
PAGENO="0079"
:~r ~ ~ ~ I *
: ~ 7~ I ~
.~, . ~ ~ ~. ~ ! ~
M ~ i: ~mte agree with what I jn~t he~u,d a moment ago I~
we e$Oi~ig to ~k the private sectxr t~ do ~ C~1~U11~T ~ ~ be
~ ez~flp1ary em~p1o~er hi th~ :Feae~a1 ~ofl4i~t.~Z~ ~as tobe ~ône
~ ~ thé~fu11est é*t~t, ~ ~ ~ ~ ~ ~ ~ ~I' ~ ~ ~ ~ ~ ~
Y ~(we a Subcorm~iitt~e on Go~rernxnent Ope~tions that has~o~r
~~rof the Labor ~epa~tment~ including th~ Occupational S~f~
~ ~[Eealtb Act OS1~A does not directly apply ~o the Federal Gove~r~
~~!* ~ent~but ~ j~cutiv~ order i~ has been ma~de iica~b~e~ ~id tli~*ié
çne title that requires that the Fe4cral Gover~mønt ~U~~as :1
best it cazi.
Cértainl~, if we are g~ing to ask p~rivate in4tustry to comply w4th
that act, the Federal Gocrsrmh~nt has to show hat ~t can be compii~d
with, will be coz~iplied with, and lead the way,
I would agree, con~idethng antidiscrirninatio , in terms of what you
.we~e talking abOut~ it is going to take educ~ ion ~nd goothvill~nd
christian lo~, and whatever yon c~n think ab' ut. We ~e just ~it~ng
5wa~s from p'erf5e~ction. It js going to bake all o that.
In th~ me~ititne, alittl~ Go~rnment cOerci u along the way helpé
sothewhat. It also makes unhappy and dissat sfled c~onstituents~ and
those who want to get arowid it do the best th~y çan~ I guess.
We all have classes, and weaildis~riminate1in one way or another,
but we ought to try to do it as little as we can. I
Mr. IIAWKT*S, Mr. Buchanan. I
Mr. Buc~A~A~. I want to thank the gentleman for b~is testimony
and for his lead~rship in this area; I hasten tp assure him that I am
ëompletely syi~rpáthetic with what he seeks to db.
I am glad that the geiitlemau has g~ven me tl~e opportunity to clarify
my earlier interventions. S S
What I was trying to illustrate in the pr~vious. testimoiiy is the
complexity Of the problem, arid what Ibelieve to be the n~d for greater
efforts, one, on the part of the Federal Government itself to eoniply
as an equal ~m1ployment opportunity employer, two, greater efforts
Eo educate and attempt to secure voluntary con~pIiance. rIlIiis ~, I th~k,
the only way to the ultimate solution to the problem. S
`I ~did nOt ~nean to imply an unwillingness for there to he tough
penalties and enforcement activities, because II would certainly agree
that.this is necessary. I S
The other day we had a~ bearing in whichf we were d1scus~in~ the
problem of moving to a plautwide seniority sy~tem~ and the couiplexity
of the conflict of equity. thatcould be involved-f-- . .. S
Mr. Jlic~s. That is beir~g on a committee trying to pick yO~ir~tb-
éommittees in the way of seniority. Seniority ~n the connuittee, sOnior~
ity on the subcommittee. . . . S S
Mr. BvonA~N. It is very complicated, bu~ I wanted the gentleuian
to know that 1 think he has hit upon somet ling that ought~to be in
the law, ~ certainly join him in an eff rt to get it iiito the j~w
as so~n as possib~e.. S S S
Indeed, my own city was selected for a p ot project by the Pre~i~
dent~s ;Oonu~i~ee on ~rnployment. of the I andicapped, and it was
mostly a volunteer effort with the encourage ient of GOvernment,'but
we conducted a `~uryey throughout our area t identify who the handi:
capped~ were, where they were, what their cai abilities were, what their
problen~s Iwere, and what ..o~portuni1~i~s1for employment might eidstt
PAGENO="0080"
`~. ~ ~
in~ouv a~re~ for tkese persons~ or what kind o~ tra iig~n~ght bJ~e4ed
to qha~W~y an i~itdwi4ut~l for em~ploymei~ t1~t ~was~ available
I cannot speak with any certainty, ~but it uld.~pe~ar £6, that
this ~s a pro1~lem `nv~lvn3g a limited nui~iber of people riumer~caLEy,
anAl hat in ~a~ll s~1sn~a~ it ~ould be s~ved~ aii4 it ought be attacked
I~t m1g~t ~1it ôff~it~ the prob1~ins, numerically, that are found
rng t~ provide safeguards against sex disorimini~,tjon where a inajo~y
gpi~rn~oi~d~ `for ~xamp;le. `
1 wouLd comniend the gentleman for his leadership. I think that
what he suggests is achi~vthie; and ii thin1~ that ~weougkt ~ be about
it.~
Mr. H*~ixs. Mr. BeniMz.
~Mr. ~ Ji~st~one ~question.
Mr. Hicks, we have been in this committee .worki*~ w~th all the
~roblem~ of' discrimination., ~in particular those pertaining to j;obs.
We have ~ti~tdied a bill `wliirlrdealt with the problem of full employ-
mei~t in the United States. Have you had occasion to study that?
Mr. HICKS. You are talking about the bill that is now or the* one
backin 1946?
Mr. ~B1~N~TEZ. It is a bill that Congressma~n Hawkius wrote, and we
had the testimony of a number of i~idividwats from the e~onomie sec-
tor. It would seem' to me that the ultimate possible solution to this
qi~e~tion of discrimination pertaiu~ to the right to work if you want to
w~k.
The bill contemplates the possibility o~' having' that opportunity
provided for, or guaranteed within a larger vision of the whole pie-
tUre of employment. It was prepared by Bill Case as one of the ad-
visers of Mr. Hawkin~. `
I think that on~ of th'e great problems in this whole business, as~
indióated by the chairman, is the problem. of how to cut the pie when
there are hisuffleient opportunities. How are thè~e distributed?
`Iii France, for instance, or hi Gerniany; I `~cas surprised when ~t firs~
went tothose!connfries tO see how many old people and how many dis~
abled vetere~ns `are employed in almost visible positions. This goes
against the ~&merican tradition that you should `have~ in piaces'of'visi~
b~lity, beautiful people. ` ` `
We have this' prejudice that i~ you ai~e over 40 ~r 50, you. are hu-
mediately less desirable than if you were 18~ ` `
Mr. HAWKINS.. Those over 40 or 50 are nOt bea~tifül?
Mr. I3ENrrEZ. That was the assumption that the American `psy-
chOlogy had `iii this bu~iness, and adol~scencè i~ the ideal stage of'
hun~an life.
What I rant to ask of Mr. ITicks' is ic~h~thèr or not the approach
should be `picking at these instances of discriniination ~ne by'one, or
trying to `provide an overall umbrella which thight make is possible
for people and for the State to profit from, and. the society at large,~
a full employment program.'.
Mr. Hicxs. In all deference to Mr. Thichanan, I think that what we
are talking aboutis a democrati~ program at this time.
I agree `with the chairman, with his illustration of a n~oment ago
that `di~ring. World War H~everyone was `employed at that time. If
you get in bad enough straits, you will employ someone whether you
normally w~uid or' not.
PAGENO="0081"
~~------~ --.---. - ___r
. ~ 7;~
1~v~i~i in aWôrldWar I~t~e~t~dfltthT1y, ~whi4h iiop~fully we ought
to be able to att~ in or come C~OS~ to without witi~, in iuiy e~nt, even in
that t~fi)(~ of economy, I think that for Ceitfl]1i groups of our people,
w'honre (liSCriifliIlitt.e(I ftgai1~t, or have been in th~ ~ist.,:that. we would
need this type of iegish~tic~n to fit within the ov~ral] job produchig bill
to see .that they get a fair Chalice at th(~ fFllltS, after. they have a iob.
This last hired, first fired situation applies tO those l)eOPle, and the
o~portirnit~ tO be promoted within the ~y~tem applies to those people.
We probably woi.ild haveto have some kind of sanction some place that
tI1E~3T can turn to, aside from the union ~ grievan~e procedure.
Certainly. Mr. Buch~nnn is correct when lie said that we have to do
this `b~ ~duc~.tion, and getti~ig people to believ~ it. I assume that they
* do this in France and other countries. and somje of the oriental coun~
tries where age and handicap may not he the c~eterring factor that it
* is here, where our thrust on youth is such that. when you begin to get
a certain amount of grey hair, you worry in erich campaign whether
you are going to get a youthful opponent. With our youth cult, age
does not go as well in this country.
Mr. 13ENrr~z. In France and in Germany, they thought it the right
of the veterans to have an opportunity to be einp~oyed.
I think also, in all societies, the thrust on n~aturity has been much
greater and much more sioiiificant ~ fur as re~pect than has been the
case, traditionally, in the T.Jnitecl States.
I fully support your recommendation, and ~ hope that we can all
work toward the elimination of di~criminatio~ and put everyone to
work.
Mr. HIcKs. Thank you, Mr. Chairman, and both of you, gentlemen.
Mr. I-IAWKINS. Mr. Hicks, I also recognize 1that when we get into
this subject of consolidation that this committee is, obviously leaning
* toward that end. It may be that yOur subcommittee 011 Government
Operations muy also have some interest in this matter.
I think that it would be well if we could dijscuss the possibility of
some joint hearings, or collaboration as we mov~ ahead in some of these
fi~lds, so that there will be some input from both subcommittees.
We will keep you advised on that. Certainlyç I again wish to thank
you for your pr' n~a~iori before this subcomfmittee tIii~ mOifliflg.
* Mr. Huci~s. Thank youvery much.
* Mr. HAwKINs. That concludes the hearing ~f the Subcommittee on
Equal Opportullities this morning. The next ~ne~ting of the subcom-
mittee on this subject wifl be Sepftmber 30, at which time Secret~Lrv
David Mathews of the Department of Health, ~ducation, and Welfaie
* will testify.
This concludes the hearing, and the subcom4iittee is adjourned.
* JjWhereupon, at 11:40 a.m., the subcommitt~e adjourned, to recon-
vene on Tuesday, September 30, 1975.]
* [Material submitted for inclusion in the re ord follows:]
UNITED STATES COMMISSI N ON CIVIL RIGHTS,
* Washington, D.C., November 6, 1975.
Hon. AuGusTus F. HAWI~INS,
Chairman. Subcommittee on Equal Opportunities, H usc Office Building Annc~r,
lVa$hington, D.C.
DEAn Mn. CHAu1~IAN: This is in response to Ms. rayson's reqnest for addi-
tional specific areas in which Federal agencies eiiforc ng antidiscrimination laws
have different policies and staiidards for compliance. You will re~a11 that Chair-
60-197-75-
PAGENO="0082"
78
~1_ ~ th~ ~o~1~o~zg. areaS o~ ~4isagreernez~t. dur1n~ ~ this. ~ *
~pt~nber ~th tes~ii~Ony 4e~1u1tior~ o~ e~mp1oyiuent c1t~icrImiftat~ofl, testii~g7 the
t_ o~ ~oa~I~ and tinietab1~, fringe benefits and l~kpày. A1thOithésédi~e~1tè
onai ar~a~ highlighted ut our rej~ort, others may exist and are likely 1x~ art~e in
the ~itur~ because ol! individual age~icy iuterpretaticn~s ~f Pitle VII and the ~
Execi~tiVe o$ers Among the itema mexitionei above ou~ eou1~L ~44 treatment
Qi~ t~ie bona tide occupational qualification (bfoq) ez~eptton, and t)~~ ordetiAg of ~
b~ck~emot'~ty or the placing a successful plaintift in hi~ or 1aei~ ` i~1ghtAi1 ~1äc~fr~
in provtd1~ugre1ief. . S ~ \ S S ~ ~ ~ * ~ ~
S S ~t~e ~ ~Jtvi~ Service Commissio~ has no policy defh~1tiO~ regarding bØ~ ~de
çeeupatio~ia1 quaJi~1catiou andtends to make deterii~4natiox~s on. va~iopQSiti~ti~,
S without reference to. the 1imite~I Title Vii h~oq exceptlQn fo11c~w~d. b~tb~ 1kj~Iai ~
Employment Opporthnity Commission (EEOC) ~nd adopted 1~ the 1~ederaI
cotirts. ~ example, in Reynolda v. Wi~ the Cl~ll S~vice Oo~iu~iiss1on's qt~fl- ~
ficatloli ~taitdards for correctional officers en~p1oyed bv the ]3ureau of Prison~
which. required that iii institutions for men, the correctional ot~1cer~ will be n~1i
and In 1a~stitutions for women, the o~lcers will be womOU were found Insufllcieht
t~ meet the bfOq exception under PitleVIl. S `5 ~
`With. ~tespeet to the' g~antlng or relief other~tban' backi~ay, ~there is. also don-
ihet on the granting of seniority or putt,lng the complainant in hi~ ç~ her rigJ~
ful~piace," The Fifth Circuit Court of Appeals recently ~held~ that the Q:ffic~ .~ ,~
Federal Contract' Compl.ian~e's acceptance and approval Of a~i aflirmativ~ action
pian-~-wlilch~ does not place the complainant in his or her "rightful pl~ce"-~o~s ~
not coniport' wtth Title VII. lii Bteven$On V~ Iñternatio~aZ Papëi~ C6., the' ~iftli
Circuit noted that the OFCC: approved plan pQssibly perpetinited the~ effects ~f
past dise1~imination In the employer s seniority System The court indicate~j that
Title VII requirements should be used in measuring the seniority system s dis
erlininatory' effects. `Those requirements inç1ude~d placing discriminatees lii"theit
~`rightful place". through modification of the séniirity system, a forni `Of ~ei1~f
fa~ored~ by~E~OC. ` ` 5 5 5 5 5 5 5 5
The" central problem to be addressed 1s the differing defi~iitious O~ discrimlna~
tion employed by' the several agencies. Numerous sub-Issues not' referred to in
the ,ConUulSSlQfl's report would surface once the differences were fully fiesii~d
Out,. An exathple of this, would be~ the Civil Service Commitsidn's. cont7hiuing
1ii~uiry iuto'arre~t and `conviction records of job applicants,. alth~ngh use of ~ich "~
lniórmation' to' deny employment has b~en~ held to yjpláte Title' Vu.2 . ..
Although the El~OC and Federal courts hold private employers to~ a high
standard of nondiscrimination, the Qivil .~ervIce Commission fails to hold tl~e
Federal. goyérnmerit to that same standard, in part by `limiting Its `definitiOn `~x~
what constitutes discrimination. The Civil Service Commission virtually Ignores "~`~
Title VU~ case development altogether,' and both the Civil Service' Coremissioii
and the~Offiee o~ Federal'C~ntract Compiiance fail to implement certain .poliqies .~.
as ~stahlished in' tile, Equal Employment ~pporiunity ,00mmisslon (EE~O,O),'
gui~elinés on sex discrimination and employment seiectlon'proCedures,' although
these guidelines are given' great `weight by the courts.' In our view, then, the,
diffusion of authority will lead to inconsistent views In `other ~rIt1cal' areas. `;
I aj9O'wanted to,,prdvide~ you with a. full explanatlon.of the staff's projected
budget estimate. ~or the~.National Employrnent Rights B9ard. These figures `~re
based opF)~ l9~6 estimates contained in the Special Anal j~ses Budget of the U `~
`i'$l'S S'. Supp. ~45 (1974) holdlng~ thattbè reassignment of pialntiff'from her correctional `
officer/mall clerk position to another department to avoid limited contact with male
ilimates due to plaintiff's scywas violative o~ Title VII. , , S , , `
~ Use of `arrest redo±ds and a ban' on hirlog `ex-o~enders. have been held to `be. radt~liy
discrlp~lna,tory, unless the. conviction . is jo,b-relate.d, $~e Oregon, v. ,TAtton 5y~tems, lao,, ..
~16 S'~ Sap~4Oi (1970) ;` J2~chardson V. HOteT Corp. Of'4menica, `83~ F~ Snpp.' `519(1971,;
Green v. Missour4 Pacific ,R.R. Co., 70 Emtilo3r~5ebt Practices `Decisions 10,314 (19Z5), ,
3See 29 C.F.1~, § 1604 . (1974) for "Guideline9 on Discrimination ~Beca6se of Sey'~ ai~d' ~.
2~ `C.F.B. § 1~lO7.13 (1974.), for subpart entitled "Other' Selection Tecbni4ues" which' 4lso.
`refers to policy on this matter. See also `29 C.13'.R. ~ 1607 (1974) for "Guidelines on `"~
Employee Selection Procedures," ,,.. S . L
4.Eegardlng employment selection `procedures, see e.g. Gniggs v. Duke Power Co., 401 U.S. ,~
424 (1971) ;"Hioks v. OrosO'a `Z~ZZerbcseh Corp., 319 F. Supp. 314 (1970) ; Albenusrie Paper
Co. v. Moody, - U.S. -; 45 L Ed. 2d 906 (1975). RegardIng sex discrimination guidelipes~
see e.~ ~owe v. Colgate Palmoliue Co., 416 .5'. 2d 711 `(1970); l~osSnfeld. v. Soulher~i
Pacilic Co;, 444 F. 2d 1219 (1971). ` " , S
5, ..``
PAGENO="0083"
79
Year 197w T1~ese cur$nSecte
ci~il ~1gbts e~oroe~fleflt are ezpressed~infl1ilhi~flSOf
F~sca1ye~ 19!t6 est~imate
Federal service einal employment op~ortunhtIeS~~
(ilvil Service ~
rrt~ate sector equal employment oppQrtUZkltte$,~...~.
Department o~ Z~'~'~
Department of ~Labor (OP'~'
DOL (E~nal ray ~&M~\
Wederai Communications
Military servleeS C~2~ ~
Miscellaneous:
Age diserini1natl0r~ in -
Rebabll1tatlO1~ Act of 1973 (enfo~cement)~
Total
~ Blnforcenient r~sponsibilitY ~or Federal `service e~iwil e
signed by law and B~ecut1ve Order to the Civil z~e Co
each Federal agency is ebárged With Ca~~7iUg out mdiv
ensuring nondiscrimination and maintaining au afthunatiV
allocated to. CSC for civil rights enforcement ($167.19) I
~tobi11ty Funds which wotld not, be transferred to the ~ati
Taking the figure $248.56 million and using the Cc
that the budget i~or the National nploymç~nt Right
times the resources currently allocated ~o civll r
executive orders, regulations ~ud rules prohibittug
the totnl flgu~e would then be $872.84 mfliton.
The ~omm1sstou has rIot yet re~1ew~d and j~rovl
Serv~ice Commission's letter Qf September 22. A copy
to you as soon as possible. In the event you have
Ms. E~rayson call ~3ud Blakey.
Sincerely,
--~
------~-~-...----------
.-~-~-~-~----
~--~--~-~--.
-.. ..~
expenditureS ~or Federal
lollars :.
____~,, 06. 95
~ ~167,19)
~_ 108,2
1.8
89.8
3.9
.4
42.66
2,1.
1.7
248.56
ploymeut Qpportunltles is as-
mission, although tIie bea4 of
t~ia1 agency responsibility for
~ct1oui prograni. The amount
eludes $70,400,000 in tr~pward
nal Bmploylflent lughts Board.
nnils$lon'S `recommendation
Board be one and one-'balf
gbts enforcement of laws,
smplo~inent discrimination,
Led~ response to the Civil
of our response will be sent
an~ que~st10nS, please have
Jour~ W. BtxGGs,
Staff Dii~eotor.
~ ~
PAGENO="0084"
* 1L~)t ~:;~ Ct~;:~ * ~* ~* ~**~ * * * ~** **~
- * *.i a *
1*" **_~ *-~ * **` ** *.*. * *i **
aY ~ -
I I -.
* - V. -
PAGENO="0085"
~ ~
OVERSIGHT HEARINQ$ ON 1~4~ 1~Q~CE~U~WP
OFEQUAL,EMPLOYUNT QPPOFJN1flLWS
~ ~ :~
P1T~SI~*, ~ ~
HO~IJ&E OPREPR~SEN1~ATn7~ES~
-S~irn~.'o~c ~
OP P1fl&CO~M~1TTTEE O~ EDo~DLth~o~,
-~ W~-hi~pz~on, ~
The subcom~aittee met at 10 30 a m, pur~uttnt to nothe, im room
2175, R~yburn ~Iouse Oftk~e Building H~I. 4~ugjist~is ~J~* Hawkins
(chairmaiio~ the subcommittee) prethdi~g:~ ~ -
Members resent: ~ ~awk~n~ C1~y, ~bigho1m, Ee~
nitez, Quie and Euchanan
Staff members present Susa~i D Gr~ysQn~ staff d~ire~tor, David ö
Eufflu III, legislative ~ssi~tait Carol& Schan~r;~c1e~rk; -and Richard
Mo~se, assistant minority counsel. -.
Mr. HAWKINS. Mr. Secretary, since ~ve' iiit4nd" tb focus- primarily
on affirmative action in higher education, ~thi~ th~y~b& the most im~
portant hearing in our ~sehes on eq& V&upl'ofrmne~it o~portnnity.
Iii recent weeks, there, has been much disci~ssi i-n the E~rd ~
ministration on whether mstitutions of hi~h$r education should be
exempted from contract compliance under }~xecutive Order U246
This is a matter of major c~vnceru, particn~arIy ~i~çe HEW's en
forcemen.t of affirmative action has been serio4y defic~t~t in the past
Of equal importance is HEW's pa~t failure ~o vigordusly carry out
the provisior~s of title VII ~f the Civii~ Ri~htp ACt ~f:1964.
As chief executive officer of the Departinen1~ .o~fi~Teäit~, EduCation,
and Welfare, it is ;ot only -your r~sponsibilitj~' ~o ~eè that `minorities
and women are included in university `facülti s. biI~th~t. they'are af-
forded the educational opportunity to partic pate in. the so~uety as
scientists, attorneys, and engineers. - ," ` -
I now re~cognize the ra~iking minority Me ber~ `e*dliidiñg.. the ex
officio ranking Member, Mr. BuChanan, beca ~e I know that~he ha~
very cj~se identification wTth your geographica ly speaking, and possi-
bly otherwise, as well, I' am, quite su1~e tMt l~e wilL w'~nt to say some,
thing at tlis point. - , ` -` -
`Mr. BUCHANAN. Thank you, Mr. Chairman. "-. ` "
All of `us in Aiab~ma are 4eeply proud of tjhe distinguished Secre~
tary of Health, Education, and We'fare. We ifratc~iec1 hi~ career with.
great admiration and appreciation as he ha~j exh~ited outstanding
leadership in his capacity i~ president ol? the ~Jniversity of Alabama,
We feel that he has demonstrated the quaht of leadership and th~
high ability to make him ~ great Seáretai~y.' ` ```
(81) - -
-` ~-` `~ ~ : ~
PAGENO="0086"
Mr. Mathews, I would like to join the chairman in welcoming you
before our committee and present you before this committee as a man
of high ability and one who, I am confident, is going to do an out-
standing job as Secretary of Health, Education, and Welfare.
Mr. HAwI~xNs. Thank you, Mr. Buchanan.
1~tr. Secretary, you ~nay proceed as you so desire,
STATEMENT OP HON. DAVID MATHEWS, SECBETARY, DEPARTMENT
OP HEALTH, EDUCATION, AND WELFARE
Secretarr~&TR~wS. Thank you very much, Mr. Chairman.
I have no prepared statement for this particular meeting.
We have in our files a letter going back to June that you sent to
Mr. Weinberger asking for certain materials and testimony that had
to do with various divisions of the Department. I. wasn't sure in
reading theletter addressed to Mr. Weinberger whether it was neces-
sary or useful to your inquiry but I decided that it was important for
me to come to you even if I weren't thoroughly familiar with all the
history of the items that you wished to discuss in order to say to you
that I rea~ized that the areas you are charged to investigate are corn~
plex, sensitive, and of great concern, and that I was not going to avoid
those discussions or look for convenient excuses to send up.
The second comment I would like to make, is that it seems to me
that in addition to the question that we wished to address, the main
issue today' is how you and I can get along, how your committee and
my department are going to work together, the kind of relationship
we are going to have, the degree to which we seek some partnership
in common goals, and the manner in which we address those points
and those on which~ we differ. I would like to see that relationship as
pi~oductive as possible.
I will: be glad to answer any questions, Mr. Chairman, about what
I have done in the last 5 weeks or what I intend to do, or on the par-
ticular questions you have addressed for my views.
If. you would. like additional information in more detail about the
operation of the Department, I have on call members of the staff
who will be here today or `any other time at your convenience to dis-.
cuss those matters in detail.
I with: me today only two members of the staff, Dr. Jaffre
Whisenton, who has lust come with me as Special Assistant for Edu-
cational Policy, and Mr. Steve Kurzman, who is Legislative Counsel
for the Department.
- I, will be pleased to discuss any matter you wish to discuss.
Mr. HAWKiNS. Mr. Secretary, perhaps I can start out by putting
the inquiry into some type of focus.
* `I ti~iink that it is very clear that the questions do not imply that we
`hold you accountable for some of the past practices and what may be
referred to as the htck of performance of the Department in se~ing
that the law is upheld and that eiiforcement really takes place.
I think it is abuiidantiy clear that not only as a r'esuit of hearings of
this committee, but also the. Civil Rights Commission, the General
Accounting Offi~e, and congressional hearings that the Department of
H~W has been lax inthe enforcement of the law. It has been lax in its
aëceptance of affirmative action plans that did not meet specifications..
PAGENO="0087"
~sm ~ imp ig~~auc~
~d. The4a~e~cy 1~as
ie evidencei~ support-'
~bøi~t, impro~ving tha~t
~s `been~held~,both
ix~di~ate sometype o~
v~rsitie~ and 1legs~
LOt being accox~ded to
vith a cloud over the'
and that some~ow cer
it,
wo~~id be interested~to
~lesome i~ue~, Whe~ther
;o en~o~ce the i~ or
cem~xit wili eont~nue to
~otha~t ~r. Chairman.
gs at t~e WhiteBouse~
nestion of ,whether th~
~ul~tions ~ to' be
the rather troublesG1~
ilations and procedures
an imagIne, poses som~
discussing that m~ttcr'
t does promulgate these
which it would be.rnore~
to' take~ into aecount the
io~company.~
differences ~in~ap,p1~ing~
~4 ~lis~ss~mbly hecause~
QttueUç~ ~o~p~ny
way a univeityJiire~.
y ought to b~ excluded
rly with the exclusious
etion areas. In UEW's~
)cial services, insurance~
ex~th~i
tiWzis where sa~c~t~o~s shou~d h~e~ bèei~J ibir
d~taiIily met~ted t'he'~dritic1siii l~veled agaiflS
Now, assuming th~it~t s~bstantW~am~urit oft
able, the quçs~ion'is ;What d~ ~ to'do
performance rticii1arl~ ~ii1~ t~eee~itiy meetm
i~t th,e White Hous~' and el ewhere~'t~hat seem t
i*eferenti~i treatmCnti~ n~w :bo begi~ven to ttn
some type of preferentia~ treatment that is
others and should not be accorded to other~
So; we begin this Series of investigations' 4
agency, that k~he law is rLot~going~to be enforced
thin groups will be given preferential treatme
With that background, I thi~ik this corrimitte
k~io* ho~w you' a~'e goi~g to deal with this trou
y~u ai~e going to vigorously mo~e forward
whether laxity and ambiguity in térms~'of eufo
prevail. `
Secretary MAThEWS..I will be'~iad to speak
First. of all, l~t me com~ne~t on thos,~ meetthl
and other places of which I' have been a p~trty~
It was my impression that the purpose of thbs~ meetings was really
to find a most effective way of dealing with th~s problem.. .1 take those
discussions and the fact that the mse~ngs were held and p~rticular
topics were chosen as an ixrdiontio'n of some *s~t~ou~ intent to a4dress
theproblem, `
As to the matter of whether high ducato~sh~uid~he e~e~n~t ~rOm
laws having to do with affiimâti~e actiox~, it se~emsto me reaily not in
the interest of the higher odueatipn~ ~omn~u~ty tç~try to Øthke a
posture that these laws are good for eve ylod~ else; but t~s. .,,
I think that kind of posture is indefensib'e and will prove very
troublesome to higher education.
A more appropriate'~focus, I think, j~, the
parti~uiar form of the L~ihor Department's re
effective in higher education.
:1 find our,Departme~nt~ Mr. Chairman, in
position that it is notthe, originator of the reg
that it is required toadminister. This, as yon
di~culty.
At the direction of the ~resi,dent, I arn~no~
with the Secretaryof Labor whose Department
rules. We are trying ~o ad4ress those points at
effective to have reJinements in the proceaures
differencebetweena university gnd e construe
1 think unless you take into account these
the rule you will get p.qints of frustration ~
there arc great differences betweexi~the way
hires, and between thew~y ~t operates and Ui
* That is not to say that I,think the ~uiivers'
from these general requirements. . ~
Mr. HAWKINS. We a~e not' dealing particul
so niuch as with some degree of mpd~ftc~tio~t.
ObviousLy, regulations apply to flonconstr
case and that of many other groups such as s
~4//&/ ~~»=/1t~/~ ~ ~ ~ L~t/~*4~I,.~
PAGENO="0088"
~ompanies~ imiseiims~ ~an~i~art stutWils anLf3Q forth, ~tre may~ be
~oth~ evidence that th cguIati~ns~ ~houId be rn~diR~d in some are~.
It leads to this q~eation: Sjn~e' Executiv&~Qi~d~r p11246 yvas ~etu
to take ca~e o~ alL he~difl~~ent pleas :dqy~u rea1lybe~4eve that eac
a is~oii~g to be treated di~ereutJy cou~qi~ei~tly1.tbat~ in
instance ~we modify the Executive or4er ~ J~ there anything u~ the
order, irny intent expressed in the legh~htti~ history d title VII or
á~ft~ of the other laws which indicates that ~1~w g~oups arc to be
treated differently?
Don't you think this would have ~u efFect, that it would set a prece-
tlei~t~ whei~eby~ other~s would make~that same pl~a~ud in that w~y set
back ~ll theprogress. thatwe are attem~pting to nialte in the field 0±
eliminating discrimination?
In bther woMs, how would you single out one group and say that it
1~ no di~erent from the others?: In what specific way would h~gher
~eclueation be different~ from social services or from insi~ranc~ corn-
paniesor from museums and others ?.
Secret~ry MATHEWS. I understand your concern, Mr. Chairman.
I'ththk the differ~ence is not the broad effect of the regulation or the
law but, rather~ in the particular regulations and the details of the
d9cuments used to ascertain requirements foréornpliauce.
Le~ ir~e ili~~ti~ate,~if I nuIght,someof the differéncesbetween an edu-
~a~ioi~alinstitution and others that I think require some interpretation
of the regulations to make ththweffective in a. particular situation.
The lact that we only have 33 institutions out of 863 ~ith approved
or completed affirmative action plans suggests to me a very trouble-.
:~orne sittmt~on. lamsure it does to you.
For example~ if you take the general hiring practices of a construc-
tion company-I. don't pose as an: expert in that but. I would as~urne
that the chiçf executiveof that cc~m~pany or personnel officer is the
fii~ai authorit~r in the hiring thatis done.
I am here to tellyou as a former university presid~iit that hiring iS
hot done sitoply in a university. It is done in a .d~centralized fashion
&ndniaking the uni~ersity aware of the concern of the Governmátin
this matter wouid be ineffective in achieving the results that ~ou want.
B~ the saiWe t~ken, we have discovered that certain programs, for
example, are ~ery properly specialized in certaininstitutions and cer~
tam areas of the country. For exathple, I think you will find, that
Latin American studies and Spanish-~peakinglanguage programs are
ëonceñtrated in ihstitutlons jh the Southwest~ in urban institutions,
where there are: large population concentrations, and you probably
Won't find a~gi~eat many of those in the Midwest.
Now, if we take the standard practice in the labor market of trying
to determine the appropriate number of minority members among the
Carpenters, 1 would assume that what we would do would be to take
the number of carpenters in the country, the number of minority mem-
bers who~ are the carpenters, and get that ratio, and that would be the
appropriate ratio for every conStruction job in the country.
If you do that for the specialized programs, what you would do is
destroy those appropriate concentrations in certain areas and require,
for example, the University of Alaska, to draw the illustratio~n in the
al?surd just to make a~ point, to have a program ~n Spanish studies and
PAGENO="0089"
1exas. That would be a
ate that there ~re d1~er~
1 to universIties, not for
therpurpos~ of making
ate r~sponses to aóhieve
o evade.
very jnstaiac~ \~Tj~ere de-
~ iu~ustti~s should b~
aratioi~aS th~ intent of
e applic~tion ma given
for special rules that
whole area. All I am
hat there are ~ifferences
make more e~ective the
~ë would all be open to
instance th~ institution
mination?
i. the nature and degree
I of consultation with a~
* dissipate thalt progra~rt at t1~ie Uni~versityof
ridiculo*s thlr~g i~o do.
Y~u di't ji~jtend~to do t1~is biiit It~clQes ~11Tusti
enc~s in applying a general labor ~nai~ket mode
th~ ~pur~os~ of evalmg the law ~but, sin~p~y foi~
mOre ~fl~ec~i~e `what we waig to do~1
I regard these ~refinements as really ~ppropr
the ends that ~ouwant t~ nchi~e~ert~mn4
Mr. HAWKINS. Would you say then that ml
c'entr~lization ~is ~ tbo~
tre~tedspearately~ frou~ otk~er~ grøups?
Secretary MATII1~WS. No~sir~; ~net so much s~4
the law ought to be ref~ned to have ~propria~
situation, S
I am talking about refinement as opposed toexckision.
Mr. HAWKINS. Do you think ~h~t it isthe p$rogative then of a corn-
plying agency tQ determine, itself, what the regulations are goingto be
and, if so, would the same be done by oth* departments in every
instance? S * * ~ S
Secretary~M~IEwS. N'o, sir ; certainly no~ uni1a~t~ally.
As I pointed out earlier~ the LabQr~ep~rti4ent, i~ot the ~epartment
of HEW, is charged with these regu1atiø~s. ¶e arBO~C of several' ad-
~ministrative units but ~ do not think that w~ have the un~1ateral au-
thority to make the kind of changes that wàuI4 adversely or materially
alter the direction of the law. *` S
In this case, that i5 a question that is mobt since it is within the
Labor Department's jurisdiction. * *
Mr. UAWKINS. You cited as an example, a construction company
which is about as far removed from ~ university or college as one could
possibly get, I suppose, for'purpose of compa4son..
* What about something which is far mprej comparable?
Let us use aerospace, for example, which is ~ higitly technical indu~-
`try. Would you say that this industry bear~ a close resemblance to
institutions of higher education and, therefo~re~ should. also be given
* these so-~called refinements that you speak of?
Secretary MATHEWS. Not necessarily,. becau~e the element that I was
using for purposes of my illustration, was a ~degree of centralization
which I think would properly apply regar less of the character of
the industry. ` S
IL am not making the case, Mr. Chairma
would apply without reason throughout th
`saying is that where c~refui analysis reyeals
and wheFe it reve~ils th~t refinements would
application `of the law, I would hope that
those kinds of refine~ients. * S
Mr. HAWKINS. Are yon saying that in eacl
would make this determination? S
Secretary MATHEWS. Not~necessarily.
Mr. HAW1~INS. Who would mak& that detei
Secretary MATHEWS. I think, depending ~
of the situation, it might involve a great de~
number of parties such ~as your con~niittee.
4 ~k~a
PAGENO="0090"
~86
`1~exanipie, if'there were iiiiaginary directions and there'was some
cquestion as to the interpretation of congressional intent in this matter,
I think that wottid be an appropriate matter to discuss with the
committoe
Mr HAwict~s You suggest certain refinements might be in order
Would you care to elaborate on what remuiements you have in mind
in the case Of universities and colleges?
Secretary ~ni~ws. We are now'discussing certain suggestions with
~the~ Labor'Department.
First' of"a~il~we ~re suggesting that the procedure~be `simplified as
much as possible For example, in the Berkeley situation I am told it
`too1~ something on the order of 30 manryears `to complete the data and
that somewhere between 25,000 and 40,000 separate statistical analyses
were required to complete the forms, resulting in .a stack of paper `4
`feet high and, as I sal, consuming `3ft man-years `foi' £he process.
It seems to me, Mr. Chairman, that that is a bit long and that is a
`bit `involved. If `we can. simplify that, I think it would be `to your
interest as much as'to ours. `
Second, `we are having broad discussions with the Labor Depart-
ment about fine tuning the mechanism to take into account the particu-
lar way unrversitles operate More~vei, we are having discussions with
them to `take the broadest possible' view of this matter' in `that instit'u-
ition~ "of' `higher learning are not Only `employers but, they are also
suppliers.
It occurs to me that here again in order to be effOctive a broader
vie~v might be `appropriate here and that there is' a difference, a very
important difference, between an institution of higher learning and
business because `business is solely an employer, `not primarily also a
~supplier'of its talents.
If you. are looking' to see whether an institution is `really serious
about involving minority group in its community, then I think you
"might also Thok at, the number of minority candidates in its graduate
school and in tim professional slots from whence come the professional
`~employees of the. university. ,. ` "
Mr. HAWEINS. These' refinements would' not include anything to
change the concept of those advocating an extension of the timetable?
Secretary M~ruEws. I have had no discussion with the Labor De-
"partment `at this point on this particular matter. ,
Mr HAWEINS What about the time element in the compliance pro-
~cedure ~ Would the refinement consist of allowing universities and
`colleges `longer periods of `time' to comply than others?
Secretairy MATIIEw5 No, not necessarily That would depend to a
large extent Qfl the progress we make in getting simplification
The degree of complexity is obviously the driving factor in the
amount of time it takes, but t~ie thrust, of our effort is not necessarily
~to allow a longer period of time for compliance I think in some in
stances for certain procedures w~ have asked `for what I would regard
`as a modest revision' ,in time' frame, 60.-day periods for resubmis~ion
and that kind of thing But the thrust of our conversation is not so
much to modify ,the time factor as it is to fine tune the mechanism
Mr. HAWKINS Would refinement consist of changing the definition
in employment discrimination as set forth in the Grzggs v Duke Power
;Supreme Court decision~t1iat employment practices which operates to,
PAGENO="0091"
: * ~ \ ~S7' * ~*L ~
e:~c1ude miiiori~tie~ ar~ prciribited, i~ ~the~ ~nc1~ rbe shô~~ ~b be
related to a1bu~i~iieé~~ity ? ,` ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ ~ ~ ~ ~: ~ ~ ~
~ ~ Se~retar~ ~{~i±~w~.' I am riot ~mi~1~s~ *ith~ that ~p~a~ttici~1ai ~
Mr. Cliairin~n. ~ ~ ~ ~ ; , ~ ~ ~ ~ ~ ~ . ~
~ Iu general, ~ho intent of t1~c rnGdif1cabi6ivI~ ri:~ 1to~M~nge i~he ~ntent
d the 1~gis1ation or ~oiu~t ~ti1ings ifr thism~te . ~ ~ ~ ~ ~ . ~
* Mr. ILtWiUN$ At this póint;ti* Chair ~Wd~o'M1~. Buchau~n.'
Mr. BUO~A~A~. Th~nk you, Mr. Chairn~an.
Mr. Secretary, the Chairman of th& Civil Big ~ts Co~mi$~iom~tes*~
fled recently b~f~rethis subáomrnittee.~ He ~oii~thd out the eontiinmi~g
problem ~ccording to an analysis they made that we hav~ not made
very~ great progress in this area of equal em~loyment opportunity
either in the private sector or the ~rn~biic sect4r. Indeed, the public
sector was only abOut even with the privatese4or.
They came forward recently with vet~y st~o~~ enforcement recom-
mendatIons which apply primarily to th~ pr~s~te sector.
But, given the tm~ack record both th~ terms o~ minoi~ities and ~veI~
more so in terms of sex' discrimination, where ~4e are not even off the
ground, I think eaeh spoke of the Federal Gos~ernment's inadequate
* record in this area, both as employer `and otherwise.
I think one thing the subcommittee needs is ~o have your views on
this. In the complex bureaucracy thatis HEW, ~e need to know some-
thing about `your basic commitment to the fulfl~1lment `of the require-
*ments of the law within HEW. * *
* Secretary' M4~v~*s. Let me comment on that in tw~wayS.
* First, from the ~oi~t' of view of the Depar~r~~ent, Ithink it is note-
~vorthy that t~ie Departrnent's'record ir~ the em; `loyment of miiro~rties
is very good. A~ I have looked at this `as~an 1 ipartial obser~rer~ the
* * Departmemit has about ~8 percent~ of its emp oyees from minority
gronps~ as opposed to the national average of about 19 percent. So,
the Department is considerably ahead of that. *
* As you know very well, in the State of `4lab~ ma~ it has been one of
the objectives of our' institution to try to iner asé'the minority em-
`ployment there at all' levels, particularly at ti professional level. I
* think we are regarded in that State sometimes w `11 and sometimes with
* intemperance for the relative sucCess we haye ha4. ` *
* I think what you do is probably the be~t m~a~u±e ~f. what you be-
heve in, and I think we have a pretty good r ~cord ; not' certainly as * `
good as it needs to be, but we have made ~rog ess. `That has been my
professional commitment.
* In the other positions I have held that has b en `my comthitment.
* Mr. B~CTA~A~. I wou~cl call your attentlo to the fact that the
effort to combat se~ discrimination or to ~ro~id eqnai' opportuni~yf~r
women is of even more recent origiñ'±rr terms o national commitment
and there We seem tO have made eve~r less ~rOg ess to `date~ *
Of `course; this, too, is quite anopportuuit~ i see~ths to me.
Secretary MA~rnEws, That is $ght. ` ` * ` * * `
You will notice in:comning announCemelitsabo t the'Departmeñt that
we are very sensitive to this.' We will' have so~ e' thh~gs to say in the
next few days that will indicate to you how se'~ otis we are in the next
few days. * ` ` * " *
Mr. ~CE~NA~. tow nn~t~ `beü ~E~pO~thibi ity `~o~ what `has gone
~ef ore but you do have respoüsibility'tO~ what hap~eus'froi~i here on. * *
PAGENO="0092"
88
Irhope~w~ can.coun1~on yo~irirery careful review of the performance.of
the Depa~tment in this area and your attention to any additional or
~di~er~u~ actions tha~ you might need to take to strengthen that
performance.
Secretary M~t'rrn~ws. I `will.
I can say to you, having s~pent the last ~Eour or five weeks in reviewing
thQ ~p~rformai~ce of the T~epartment, that, in the matter of employ~
ment of women, for exam~le, I believe some 60 to 65 percent of the
~p~art1~t~' e ~yoes ar~ women. Quite frankly, it is 64.14-I
~origet'a nun~er every i~ow and thei~-wh'icb qom~ares again to the
4~S, labor fo~ce~
To `be candid abotit it, most of those women are in lower or mid-
management positions and are not in the~ top positions, and that is
something we need to correct.:
~Mr~ BuonANA~i. The Subcommittee on Post Secondary Education
received a good deal of testimony last year to the effect that the Office
~xf Ci~ril Ri~hts was not reviewing affirmative action plans which had
`be~i~ ~su.bmitted to it~ The testimony indicated that a period of 2 t~
4 years in some instances had elapsed before the plans had even been
considered.
I `would like to `call thdt to your attention as one of the areas you
`might look into to see if that situation can be corrected.
`Seereb~ry' MATHEw~ Let ~ne be more precise'for the ~eeord on this
matter.
We have a backlog of ~Oine 500 employment complaints aecumulitted
~durin~ the period I96~ to. 1972. If you total: all of our'backlog of torn-
~plaints~ thër~ are nearly .1,Q00 that are backed up~
We have 123 staff members iti the Office of Civil Rights who ar~
`wOrking in this area~ working as hard as they, can. They are still
~riinning behind in the amounts that .1 have cited' to you. That is of
great concern to us. W~' will look for ways to try to get rid of that
~`backl'og b~ diig~nt att~ntion.
Mr. BUCIIANAN~ I ass~ie on'the same basis you will no~ only handle
affirmative action plans-there seem~ to be a problem there also be-
~c~iuse of a long waiti~g period..
Secretary MATHEWS~ `Yes.
lit is the sa~rne 123 peopl~. Th~y all have these responsibilities plus
~the ~th~rs that have resulted in this backlogof about 1,000 cases.
Mr. BUOIIANAN. T'haiuk)rou~
~4lr. HAWKINS, Mr. Clay.
Mr. CL~r. Thank yoti, M~. Chairman. .:
Mr. Secretary, 4Wh~en' you: ~poke a few~ ~ninutes ago about the bay
~a, I~hii* it was~the San Francisco area~ :30 man-years was required
~ :bi~h~g~ch~ois in~~omplianc~e~ 1 don't know if they were brought
into compliance. T1~at wa~ filling out ~forms; is that correct?
Sec~t~ry MAThEWS.. That i~ correct; not bringing them into
compliance. ,,.: `, :` `
It t~ok 30 man-years tb fill out the forms and .to complete the pegoti-
~atjotis'on the a4~q'aa~y and the efficacy of'those forms.
Mr. CLAY. In fact, when you~y it took 30 man-years to fill out those
forms, wasn't that the result of endless conferences and conciliation
`op the part of OCR revi~ing pla~is in cn~st insta~nces, schemes not plans,
,to not to comply? ~ i: `~ ` ` .".
PAGENO="0093"
89
Didn't they give them a~ e~ssw~ ai~toiint ~f ti
and rewrite plans and especially h~thb~
average amount of time given the1~i3t~aTs ~ir~
eiiiation' and'n~ver' any threat ~f sanction?.
* Secretary M~m~ws. Th~ p~$iciilar case I had
University of california at rke1~y, It is trn~ tb
time to complete those neg~~i~t~sons, partly clue tc
oi~ regu~latio'ns. The `.fignress, ~ example, on25,0
computer runS was i~ieant t& `iliiistFa~e the ~coñ~
itself.
* Certainly yon might ma1~e a judgment that tI~
selves were a contributory' faet~r. I wouldti?t ~
Mr. ,Ci~r. Isn't it a fact tb~atsometiiztes when
plans are ,subinitted that ~they are held for 20
* even reject them or approve them?
Secretary~ M~w~ws. .1 aim sorry; I really wou1
able abcnit tho~e past jxractices~
* Mr. CLAr. lu the a?re~ you a~e talking ~bout, a
11 were requested-was 20 `mohths' before. they
Why would it't~ke 20 m~withs toUis~pprove aM
* Se~ret~ry MATi~ws, I `am sorry, ~gain,. I wi
give you a resppzise to~t]1is plLi~ticlilar ~questien. I
those procedures.
The following is OCR's response;
* The Office for Civil Bigi~j~s b~ ~xp~,ienced del~y~
action plans subihitted upon request~ by, "institutions
the main, these delay~ have occnr~ed because of the
substantive measnre~ re~u1rei1 to develop acceptabi
regu~atiOna.
* On ~ugust 25, 1975 a reeoxurne~1~d~ ¶ifOrmat" eor
afflrmatii~e action p1~w was issue4 ~chicb c1arit1e~ and ~
considerable exteilt. This should help expedite the rei
* afflrthative action pl,ans. ~,
Mr~ CLAY. Is it also true that 60 percent of th
staff has been diverted to other areas that have m
tract compliance? *
Seeretary MATHEWS., I have* no information
* Again, I w~1l be glad to check it for you.
Mr. CLAIr, We have information that 63 of
should be in contract complia are~ now w~rl~
have no relationship to contract compliance.
Secretary MATi~Ews, I am informed that out
* OCR in higher education, j23 of them, which i
the work force, are directly involved in compli~
* Mr. CLAY. That meaiis that approximately 6
to something else other than contract co~uplian
* S~cretary MATHI~WS. That ,me~ixs in the whole
itself with all facets of `higher. education th~t t~
* force is directly assigned to compliance.
Mr. CLAY. Out of the, 123 that you `say are ass~
* pliance, what percentage of them" are w
compliance? `
Secreta~y MATHEWS. I would assume all.
* Mr. CLAY. My information says that some are
~
rae to ite'th~plan~
c~Seo ai'ea ~a~n't the~'
~iegoti~ithi'and~e~n-
reference `to~ was'th&~
~t it did take a yeaW
the cuimbersomenes~
0 to 40,000 statistical
lexity of tife ~rocess~
e negotiations theni-
~spute that.
he afilrmativ'e ~Lct roil
months `J~fore tl~ey'
*d not' be keowledge
aver~g~ time ~apse-
crc di~approved.
mative action plans?
1 ask Mr~ Hoimes to
im not familiar with
in reviewing afflrthative'
* higher educaUon~ Il
~onipiex procedural and
e plans under current
ireparing an acceptable
~nupiM~s procedures to a
~ew of ~igher education
contract compliance
thing to d9 with con-
that says' that is so~
be staff persons that
ing in th~ areas that
of the' 170 people in
about two-thirds of
ace.
people are diverted
ivisiOn that concerns
o-thirds of the work
~ned to ~ontract corn-
rking on contract
liverted.
~ A~'~ ~ ~
PAGENO="0094"
90 .
~.`Seø~e~ary M~IEWSf I will cheek that. .1 got the opposite i~rnpi~ession
from the figures I have that I `ust cited
The following is OCR's response
Of the 170 persons comprisir~g the Higher Education D1vis1ou,~ 1~3 persons
were until recently, formall7 assigned to the Affirmative Action/Employment
Djscrimination Program under Executive Order 11~4~.
The Higher Education Dirision has employment diScrimination )urisdictlon
under three authorities the Executive Order (contract compliance) Title IX
(sex discrimination), and Title VI (race discrimination). The employment dis~
criminaPçu prohibition under all three authorities is essentially the same How
ever, imder the previous arrangement persons assigned to work on Executive
Order matters technically eould not deal with employment discrimination issues
raised under Title VI or Title IX-au anomaly due to the overlapping coverage
To resolve this technical difficulty Office for Civil Ri~bt~ records now show (33
positions formerly assigued exclusively to the Executive Oider as currently as
signed alsoto Title VI and Title IX discrimination matters, The shift should im~
j~rove rather than diminish the Offices capabitity to handle employment
discrimination cases,
Mr CLAY You were present at a meeting on Septembei' 20 be-
tween' President Ford, Secretary Coleman and Secretary Dunlop and'
Attorney General Levi I think there were four or five university rep'
resentatives there; is that correct?
Secretary MATHEWS They weren't university representatives They
were faculty members who had done research in this field They were
scholars in affirmative action programs or sociologists who worked in
the programs. `
Mr. CLAY. Did the Pi~esident or any other person present at that
meeting make any commitments with respect to the enforcement of the
Executive order in higher education?
Secretary MATIIEWS The President did His instructions at the con..
clusion of the meeting were that he felt we had a moral and legal com-
mitment to proceed in the direction that we had long set out. He
instructed the people there to get on with what is the most expeditious
and effective method possible. ` ` `
Mr. Cr~Y. Did that conversation entail any discussion of exempting
thiiversities and colleges from goals and timetables?
Secretary MATEEWS. No.
There were discussions of the order that I have just described to you,
about the differences between institutions of higher learning and other
kinds of institutions, but there was no conversation that I can remem-
ber about exempting institutions of higher education as such
Mr. CLAY. How is HEW and ORC enforcing title VI in the Civil
Rights Act of 1964to insure minority and women on the faculty staff?
Secretary MATHEWS If you add up all the people that institutions
have pledged to hire in the country they greatly exceed the available
supply.. I believe that somewhere between 2 `and .3 percent of, all
of thedoctorates in the country are held by blacks. But there are other
remedies. Without affecting quality of programs, one can look at
people who are in the process of earning a doctorate who currently
have a master's degree who are available to work in faculty and other
positions.
My experience has been that~ that is a `very productive and useful
way to deal with this.
There have been discussions in the Department and I had discussions
with the American Council on Education on `the point I mentioned
PAGENO="0095"
91
é~arli~r of:trying bo ~a~tte~çl toj~st~lOyIP~
o~ people who ~
1 would'be less th~u.ca~did ~f.Zdid~t ~11~
lems arid pitfa1~s i~ti~ij~ app~oaçb and~s~ woii
using political criteria to force people into g~a
with those sensjtivities~ i~ is po~sible to ~r~cr~ui~
profession. I think tli~*~ is ~ ;Ve~y g~qd
problem.
Whether th~re are current laws or regulatie
am not eertairitkat'they~o oreert~inthat th~
~ good direction to go. Wears vc~y n~uch ~ini
positive approach to the problem ~s it is iikel~
Unless you c~ri get people iii the ~uppiy lii~,
get the people at the other en4.
Mr. OLAX. One last questiQir, Mr. ~ret~ry.
You mentioned that 3~ of 86~ uwyersit~es a
try have approved ~hre act~pn pr~g~i~
Was thç~ University, o ~Aiaban~ one of the
Secretary MATH~WS. It j~.
Mr. flAWi~INs. Mr. Quic.
Mr. QUiE, rirst, Mr. Secretary,I ath ~leas~
thef1r~t tirne 1 h~ve li~enedt9 you t~tify~
1 know you are ~inVQlv ~ ~ area çii~t
anth~onism around the country. So, you wili1~
and *isdomof, Soiomo~to solve it.
Beceritly, the president of a mi4west~~ C9
Federal ofRcjal that his answer ~ the ,affirifla~
women arid minorities t~ he selected as hea4s o
My question to you is Do you think thus a
under the law ~
Secretary MATIU~WS. I,' frankly, would qui
I don't know about the legalities of the matter.
My experience has been that ~f i°~ are g~
employing members of minority groups you
approach and say the law reqnir~s th~s ~ow
and we will abandon all the staiidardsl6d qi
is sworn to uphold and' we will just simp~.y ap
ity groups or others to these po~itipns wi
competence.
If we did this It would bring~riot~iing `bu
the institution-this rega~r~d. for thre print ar
good results~ .
I am not saying that is, `whi~t tooh place i~
i~ot familiar with the case in point. Not only
problems but it would raise some probl~n~s,i
Mr. Qtru~. I guess I was inter~stedin the 1
would agree with ,~ou on judgment, that the j
1 noticed that yen w~e 1nteritiewed~ or~
expressed yourself quite clearly on thntissue.'
I admire your desire to try t~, s,i~npl1fy.
regulations that ~xist in your D~j~tment.
I think yqu also indicated' tl~at the `~Pe
tendency to overregulate.
nt~bnt the preparatiou~
~loyed. ,
[Ov~ ~ prob-
~bev~~y ~ai~tioi~s about.
~u,ate schqols, but? ~vén
peop~e in the' teachiug~
of dealing, wj't13 this
as th~ a~ply t~ that, I
~ *tl'~ii~k `this is
er~~t~d i~ this kind' of
tO yie)~d re~ult5.
way ~c~u will
`d coll~ges in the cO
`3? , ~
Ito have you here. ~t i~
~~i~at ~Qf
We to hhep~tien&~
~llè~e i~i4ib~ted tO èome
Lve~ ~çtion `w~s' to permit
4epárt~thents.
tiOn~ q~r his part is legal
~stion the wisdom of it.
ping to ~e;8erous `about
~ax~'t be cynical in your,
Wili j~i~t bave~ to~ ~or1t
ality tI%a.t ~n in~titut1on
ornt mqthbers Of minOr~
`hiout much, regard for
great resistance within
ci bad results jn~teØ o~
this cas~ because I a~n
~oiild' it~ raise ~ legal
rny'mind,'Qf ju4g~nerit.
gal question, although I
d~ne±it would b~ bad;
`~açe `t~ie Nation" and~
s much, as. possibi~ the
eral Government ha~ a
PAGENO="0096"
My ~que~tioñ is: `When you ar~ workhig ~ith~n" an `iiistitution o'f~
higher educatiQu under the `Executive order and that institution fiuds~
there is no ~un'derutili~ation of blacks `and women i~i the thstitution,
why is. it that they sf11 have to' give a breakdown of ~ob category and
the positions `and tTrnetable ~
It sem's to me that the finding of utilization ought to be sufficient..
Secretary MAPHEWS. Did `you say' when they found or when the
Department found?
Mr. QUIE. When' they found.
Secretary MATHEWS. As I understand the obligation of the Depart-
ment, it would also have to find it. We have some difficulty where `they
find and we ,do&t find.
In the case where a determination is made that there has no't been
any violation of any law or any practice, the theory behind the keep-
ing of the statistics is that is enables' `the institution to monitor that
practice so that' their activity from that point on is obvious to them
within the institiition~as well as to the' Gov~ernment.
Mr. QUIE. It seem's to me that if they `comply, then, of course, they
would have to be able to prove it to `the Department. But they still
have to go through the `whole transaction as if they weren't in
compliance. `
I caia understand why you would want the `inforthation but I don'tl
see why they would have to prove compliance as though they ~were
in violation.
Sec~etary' MATHEWS. I see your point and I under~tand it very well.
I would hope that the remedy for that is in the simplification pro-
cedures. I think any institution would want to keep some kind of
records' and hopefully ~not haye the massive and often irrelevant kind
of records that we keep hearing about.
M~. Quir. I would ~encourage you to take a look at that as one of
the areas where you might want to do some simplification of the
regulations. ,,
Another: thing that I want to bring to your attention is a memo-
randum that was sent out in,Augu'st 1975, to chief State'schoQl officers,
~nbject, recor~keeping on stu4~nt discipline procedures actions in the'
school dlstridts.
`I `think you are getting into an area in which it is going to be
virtually in~q~ossible for the schools' to provid~ all the information to
you. , ` ` ,~, `
Second, I note one of the: assumptions is' that fiuid~ngs jndicate
minority children are receiving a disproportionate number of discipli-
i~ry~actious., As lon,g as you are looking at both minority and sex, they
did not mention that a disproportionate number' of male students ~eem
to' have d'i'~ciplinary action as against females. It seems lik~ they added
sex only to look at ,the pOlicy of females.
All the requirements to get statements from the boards of education,
superintendent of schools, through principals, teachers, and' other
agents and now they have to keep records to `supply to you on expul-.
sions, suspensions. dismissal from classes,, remedial rnodificatjon~. and
transfers to another class of school creates an e'ndrinous reporting
job. I would think they won't `have any time to discipline many chil-
dren. They will be too busy filling out reports all the time.
PAGENO="0097"
93
Also, it seems to me, it will have an adverse impact on the school in
that they will provide less discipline so they Won't h~ve to fill out as
many reports.
Our problem is not that there is too much discipline in the `schools,
but that there is not enough discipline.
Secretary MATHEWS. I will ask the Civil Ri4ts Ollice to review this
matter.
Mr. QUIE. Not only will they'be coming belkre our committee, but
they will have to answer to you, as well.
Secretary MATHEWS. I will indicate to yoti that there is a high
degree of probability that that last question ~ill be pursued.
Mr. HAWIUNS. Mr. Benitez.
Mr.' Secretary, I would like to point out that Mr. Benitez belongs
also to that rather special class. He is a forniier president of a uni-
versity, also.
Secretary MATHEWS. He and I have r~aet.
Mr. BENITEZ. Thank you, Mr. Chairman.
Mr. Secretary, I fully appreciate your conc~rn with the university
situation and their special case. It is with that concern `that I ask you:
Would it iiot have been' within the precise resp~nsibility of the institu-
tions of higher learning to take the leadershiplaud initiative in seeing
`to it that, this civil rights legislation should ha4e succeeded much more
than ithas?
Secretary MATHEWS. I think it is desirable ~,o exj~ect an institution
to' feel that responsibility as part of the progressive element of~ the
American community and to proceed with car~ying out that responsi-
bility with some diligence.
I think, in fairness to our colleagues in the ~leid, if they would hear
that question many of them woul4 say they ha~, That, of course, would
be subject to question.
Mr. BENITEZ. Let us take the next questkjn that flows from that
one.
If you are rating a performance of institutiOns of higher learning in
this precise field, how would you rate them?
Secretary MATHEWS. If I were writing the ~egulations in t'his field?
Mr. BENITEZ. If you were assessing the achievement and fulfillment.
Secretary MATHEWS. I would regard it as good in some instances
and poor in others.
It seems to me that the level of performar~ce would range all over
the board. `
Mr. BENITEZ. Do you think, by and 1ar~e, the universities as a
whole are ahead or behitid or in the middlej of the complia1i~e pro-
grams of affirmative action?
Secretary MAT~EWS. The figures I' have sée~i, in fact they have been
cited here today, for institutiOns of higher ~ducation are about the
same as those in the public sector. It seems to me we might improve on
that record. `
Mr. BENrrEZ. Yes.
As `a former member of the fraternity, would think that the
achievements really in the United States ar very, very much below
where universities should be. ` ` `
I would like to ask something else., `
60-197-75-7
PAGENO="0098"
94
You have stated, and quite properly, that there is reason to provide
some special or more sophisticated and at the same time less compli-
cated programs.
Would you have other suggestions ~
Secreta~ry MATHEWS. I think they would all fall within the general
rubric of simplification with the exception of those that have to do
with addressing this unique phenomenon of higher education, for ex-
ample, where they are both employers and suppliers. I think that the
supply issue goes beyond that, and there might be some others in that
category. However, it is essentially a simplification issue.
Mr. BENITEZ. I would rather emphasize that in the second aspect
that you have mentioned, that of being suppliers, institutions of higher
education are in an exceptional position to facilitate compliance, and
basically they have failed to do so.
I have here the Executive Order 11246 which was originally ap-
proved 10 years ago. I wouldwonder, given that record and that uni-
versities have been suppliers, what other forms could be established
to make them aware of their responsibility to fulfill their obligation.
While I appreciate that you have just come into this responsibility,
I think, if I may say, that the word should go to the institutions of
higher. learning that they have no right to retain this unjust and illegal
situation where they do not act to cancel the historical injustice in the
treatment of minorities, in the treatment of race, in the treatment of
national origins. And this committee would like very much to help you
in fulfilling that responsibility.
Secretary MATHEWS. I think the way you have phrased the problem
i5 very appropriate and, in particular, I was pleased with the fervor
of your last comment.
I think it has to be assumed that there are other people with the
same intent in this country. If there is not, then, despite all the good
intentions in this matter, we are lost.
Certainly we must try very hard and diligently and consistently to
try to find some partnership with that intent to the ends that you havc
in mind.
Mr. BENITEZ. Thank you.
Mr. HAWKINS. Mrs. Chishoim.
Mrs. CmsHoLM. Thank you very much, Mr. Chairman.
Mr. Secretary, I realize that you are relatively new in this posi-
tion and it takes a little while for you to get your feet really wet.
Secretary MATHEWS. I would say they are considerably wet.
Mrs. CHISHQLM. You are most fortunate in terms of the fact that you
have been the recent president of a university which has fulfilled the
contract compliance and equal opportunity clauses.
How long did it take the University of Alabama ~o fulfill this and,
if, indeed, your commitment is really there, realizing the barriers, the
obstacles that we thrust in the direction of trying to fulfill these obli-
gations, was it possible for you to use your experience as a university
pTesident to set up some &dditional guidelines t You are in a most
unique position to do that.
I would like to have your comment on that.
Secretary MATHEWS. Yes.
Let me reflect on that very interesting question.
PAGENO="0099"
95
* As to time, it took a long time. It has taken a tong time. It has taken
what a great many feel, with some justiflcation,Iis too long a'time.
In all honesty, it needs to be said that the uni~rersity is uot in control
of all the factors that woud make for success. Th takes a lot of people.
I think any institution, that does not recognize that and does not try
to get the kiiid of partnerships ~nd involvement' with other people, sets
out on this course with the xiotion that they are just going to make peo-
pie do it, sets out on a course that is contn~dietory and that does not
make common sense,
To be honest with you, I don't know how to ~vrite a law that says
to people you have to use good will and good ~ommon sense. I guess
if you did you would be the'happiest Member df Congress. Intent is a
funny thing.
I remember talking to the department heads and I remember one
department head getting up and saying, "Well, you are right; we have
to do this; we are going to get on with it."
This particuar `department head l~ad a reputation of being a fairly
liberal fellow.
The head of another division said, "I don't like it; I really don't
like it because it seems to me you `are telling me to `forget quality and
excellence. You are just saying, hire somebody because of their `race
and I resent that."
I said, "I hope I am not saying that. I hope between your commit-
ment to quality and these other imperative~ that you can be re-
sponsive."
Well, the `response was, "I don't know but `if that is what we are
about, then that is what' we are about."
A year later the department chairman that wa~ all enthusiastic
about this goal had not a single minority member in this department.
The one who had great reservations had two.
Now, that taught me something about getti*g on with the business
and working with a lot of people, even those `that had very different
views on the subject.
All I say to you in response is that I think t~iat that experience, was
helpful.
If I am learning anything, I am learning itf is hard and it is a task
that has to be approached with `great' compa~sion for all the people
involved.
I hope, as your colleague said, that the university community will
have a revival of its intent and its commitment.
Mrs. OHISHOLM. Mr. Secretary, `I understa*d what you are saying
but `I believe really if you did `not depend ~n law and regulations
in this country and have people who have th4~ commitment to imple-
ment them against those who have b~en the b~nefici'aries of the state,
it is like concrete all' mixed up. We would n4ver be ready to rule in
this nation. ` ` ` 1'
Now, you are in a unique position of being a Secretary of HEW
after your experience at the~University of alabama. It would seem
to me that you should be `able to lay down so4~e very basic guidelines
that'would have to be accepted. ` `
Some 40 or 50 universities will receive ove1r one million dollars in
contracts each year from HEW alone. ` ,
PAGENO="0100"
96
Do you then direct the Office of OCR to conduct an annual on-sight
review of their performance as a matter of policy?
We are not going to talk about what, happened before. We, are talk-
ing about you being head of the Department now.
Secretary, MATHEWS. In response to our, obligatiop under the re-
quirement that we review those institutioils that have contracts of `a
million dollars and over, I think we* are required by the law already
to make a determination in those cases that they are in compliance
before the contracts can be. awarded. I don't plan to do anything other
than be diligent in executing those responsibilities.
I have already testified~ to the work load problem in OCR. That
needs to be kept in mind as a practical matter. In terms of the deter-
mination, we will do what we are required to do.
Mrs. CHISHOLM. Thank you.
Now, speaking about the work load problem, I realize, that if you
don't have personnel, no matter how honorable your intentions are,
it is impossible to do an effective job.
Now, from fiscal 1972 to 1975, OCR's budget increased from $2,916,-
000 to $6,277,000. In addition, during the same period the number of
compliance reviews decreased from 3100 to approximately 758 con-
struction reviews and 877 non-construction reviews.
We have 145 positions budgeted for higher education' and 123 was
for contract compliance. Sixty-three `of these positions have been di-
verted away from the contract compliance areas into other areas.
Therefore, if, indeed, one of the' arguments suggests that you do
not have personnel to do the job, how, then, ~ouid you answer the
question of diverting so many' positions from a very important area
and compounding the problem?
Secretary MATHEWS. As I indicated earlier, I will check on this im-
pression you have that there has been a diversion of staff. That is not
the impression I `have from the figures at hand. I will be glad to give
you a reading.
The Director of the Office of Civil Rights is not here. If he were,
he would point out or would want me to point out that since 1968 the
Department has requested and the Congress has approved additional
positions fOr OCR, and since 1968 those' positions have grown by 300
percent.
In fiscal 1975, the Department asked for the smallest inc~ease in
years, 28 positions.
There were sOme `peoples I think,' who chara~terized that 300 per-
cent growth as "growing like topsy." But the Congress cut this' back
to 14 additional position, half of what we `asked for.
As to the matter of the allocations of those peonle within the
Department, I will be glad to furnish you precise information.
Mrs. CHISHOLM. What are you going to do about the few minorities
and women in.' the decision-making' positions in the Department?
You have approximately, if my research is correct, four persons in the
minority `and the female group on the executive staff in Washington.
You did have a woman who was head of the Higher Education Divi-
sion. She has been replaced by a gentleman. The gentleman has no
experience with institutions of higher education. He has no degree.
Is there not the question of the same kind of criteria that has to be
applicable to men and women coming to the Department?
PAGENO="0101"
97
Secretary M~rm~ws. I think your ~ositiOn is a! fair one.
The change you speak of is something I am x~ot familiar with.
We do have assistant secretaries who are wom~n.
If ro~i will note: the appoihtments that I ha~enything~todo~witl~
in the future you will notice that there has 1~ee~i some attentioz~ to
that. I regret I am not in a position to make tho~e announcem~nts xIQw.
Mrs. CrnsiIoLM. I am concerned about the 4rosion and the almost
subtle attempt to do away~ with affirmative aeUon.
Commencing June 5, 1975, when you appedred on "Face the Na-
tion," there have been a series of conferences, ~reports, and meetings,
indicating a movement away from this: par~icular goal. Attorney
General Levi indicates his opposition to goals of affirmative action.
Secretary Dunlop expressed concern over, the precedent of establish-
ing tougher rules for the higher education indu~try.
In all these different departments of Gover~iment, Department of
Labor, Justice Department, and now your a~p~rance on TV on Sep-
tember 14th questioning the kind of political lsanctions against non-
complying institutions of higher education, w4 have to be concerned
about what this~ will~ mean in terms of your willingness to enforce
compliance through the withholding of Federal funds.
Does it mean that you *il.l be somewhat ui~will.ing to enforce the
Executive order?
Secretary MATHi~wS. This question is withl~oiding funds came up
ii a way that had absolutely nothing to do with compliance. I have
been curious to see the extension of this. I rai~ed for discussion with
an oversight subcommittee the question of pfnalties for failures to
complete certain portions of the utilization revi~w.
I simply said to the chairman of the committee that I had certain
reservations about the nature of the failure, in ~he first place, whether
o~not it was substantial.
I have some question about the validity of ojir reviews, in this par-
ticular ease, where it was reported to me that i~rgo numbers of the re-
views on which we would take action were not valid because of the
way in which the sample was drawn.
Third, 1 h~çl some, concern because the penilty could cause undue
hardship to the very people that the law wasi supposed to help and
against beneficiaries that didn't do anything ~rong. The errors may
not be substantial. The statute was two years old before the issue was
presented to me for the first time. .
I simply said I would like to discuss that ~t a later date. I never
said I would not do what the law requires me tto do in thi~ case. I just
wanted to discuss it with that committee and nliake them aware of the
evidence that I had.
Simply wanting to have that further discussion has now entitled.. me
to charges of civil disobedience and outlawry ~nd that kind of thing.
I do believe that is a bit of an overstatement °If what I said. I believe
that applying it to areasthat I have not appli4d it to is a misapplica-
tion of something I had to say in regard to thelutilization review.
I never iñade any statement other than tha~t I would do what. the
Jaw required me to do in the matter of civil [rights e~uforcement.
Mrs~ CmsHoL~I. What cireumstances.wottld ~justify exempting non-
complying institutions of higher education fi~om~ the same sanctions
imposed on other Federal contractors, contract itei~xnination and debar~
ment from future contracts?
PAGENO="0102"
98
Secretary MATHEWS. I don't have in my mind any particular
circumstance.
The whole matter of sanctions and the refinement of sanctions so
that they fit and achieve what you want to achieve' is a matter of some
concern to me, but not exemption.
Mrs. CIII5IIOLM. Mr. Chairman, thank you.
Mr. HAwKINs. Mr. `Buchanan.
Mr. BUCHANAN. Thank you, Mr. Chairman.
Mr. Secretary, there has* been a good deal of concentration on the
fact that, according to your testimony, 123 personnel in OCR are in..
volved in contract compliance and the remainder do not have that as
their area of responsibility.
Is it the case that the Office of Civil Rights has a number of other
responsibilities which also must receive attention?
Secretary MATHEWS. This is all higher education; 170 people are all
higher education in Civil Rights.
There are other claims which we have to address with this total
staff of 173.'
Mr. BUCHANAN., I don't think my friend from New York would de-
bate the fact that while the Department of HEW has been reasonably
diligent in its title VI activities in my part of the country, it has not
done quite as well in other parts of the country. It may be that you
have a great big job left to do.
I am of those Alabamians who is deeply proud, I will say to the
Secretary, of your own personal leadership toward bringing the Uni-
versity of Alabama where it ought to be and even making it a southern
university giving some leadership in this area. Indeed, I am very grate-
ful for `whatei~er was done by whoever to get us to this point and
moving forward.
I think we may need attention to some other places, as well; how-
ever, if HEW is to pursue this problem elsewhere with comparable
diligence, the Secretary may need a great deal of help to get the job
done.
Mr. HAWKINS. Mr. Secretary, one final question.
Since 19 68-according to the figures submitted to this committee-
black university faculty members have increased. While the per-
centage is 50 percent, it is interesting to note that the increase is from
2 percent to 2.9 percent.
In the case of females, there has been an actual decrease; in 1968,
it was 20 percent; t.oday, it is 19.1.
Obviously, this is reverse djscrimination which has operated and
operated negatively rather than affirmatively.
Certainl.y in this instance one could raise the question whether this
is an indication that females do not posses merit, excellence, and
quality.
~The question, however, goes to this point. Do you think it desirable
in view of this poor performance to use the supply concept of affirma-
tive action plans so that universities and colleges would be committed,
and somehow held responsible, for increasing the supply in order to
overcome what they claim to be an obstacle, that is, a limited supply?
Could. we not, somehow, impose on them some responsibility to in-
crease the supply along with the obligation to engage in equal employ-
ment opportunities?
PAGENO="0103"
99
Secretary MATHEWS. I think, in general, y~s; although again, to
be blunt about it, Mr. Chairman, there are s¼ibtieties in the whole
`matter of recruitment for graduate schools, aI host of other factors
that come in. For that reason, I `am not prepa~red to make a specific
recommendation.
You ought to expose yourself and your ~pmmittee to graduate
deans to discuss that with you. We are currently looking at this issue
and, as a general direction, it is' a way to go that has some hope of
getting us off of the present plateau.
Mr. HAWKINS. We will certainly recommend that and the committee
will explore this with you.
This is a final question.
I wish you would give it some thought and submit an answer
within a reasonable length of time.
We have spoken about refinements of sanctions. You have indicated,
I think, a flexible approach dealing with a particulai~ situation~ I
think it would be of interest to us, who obviously `have an obligation
to do something about this, if you would submit to us some details
on what refinements of sanctions you might ~ecommend.
Secretary MATHEWS. I will be glad to tell yo$i, but again my review
of that is limited at this time to the utilizatioi~ review matter.
I had not planned to exp'and into this area at this time but if you
want `me to do it I will get to work on it. If y~u will wait until I get
to it, I will be glad to share with you what I l4ave.
Mr. HAWKINS. I am quite sure we will be willing to wait until you
have had a reasonable length of time to get a meaningful answer to
the question.
You indicate that `at the present time the r~quirements which you
have, referred to are limited in scope.
Mr. Secretary, I think that concludes `the ~hearing.
May I express the appreciation of the com4iittee for your candor
and the directness that you have used in añ~wering the questions.
I think we are off to an excellent start. I ass~re you this committee
will cooperate in every way to make your administration what we
believe will be a goo'd one.
Certainly, I think you may look on this committee as being helpful
and not just one to act negatively and always criticize.
I wish to express the appreciation of the pommittee to you.
Secretary MATHEWS. I appreciate that deeply, Mr. Chairman.'.
Mr. HAWKINS. The hearing is concluded.
[Whereupon, at 12:05 p.m., the hearing con~lu'ded, subject to call.]
[Material submitted for inclusion in the re~ord follows:]
DEPARTMENT OF HEALTH, EffuCAPION,~ AND WELFARE,
OFFICE fr~r TilE SECRETAR~,
Wo~shi*gton, D.C., J~ay 2, 1015.
NOTE TO MS. SUSAN G1IAYSO]~
I have attached status sheets reflecting the infoi~mation you requested oxi
affirmative action plans received and acted upon witi respect to institutions of
higher education.
WILLIAM H. AN DEN Toonx,
Ecveoutii,e Assist ~t to the Director,
Ojftoe for Civi' Rights)
Attachments.
PAGENO="0104"
100
REQUESTED AFFIRMATIVE ACTION PLANS, APR. 3, 1975
Requested
and
received
No
jurisdic-
tion
Inven-
tory
*EvaI-
uated
No Not
action Accepted accepted
Action
required
Region I 23 0 23 14 9 5 18 18
Region II 25 0 25 25 0 6 19 19
Region III 8 0 8 5 3 1 7 1 7
Region IV 29 2 15 2 14 2 8 6 2 8 6 6
Region V 11 0 11 5 6 2 9 9
Region VI 38 0 38 31 7 87 231 331
Region VII 17 6 11 5 6 0 11 11
RegionVIlI 3 0 3 .3 0 3 0 0
Region IX 6 0 6 5 1 1 5 5
Region X 10 0 10 30 0 0 10 10
Total 170 21 149 111 38 33 116 116
11 AAP, requested Mar. 29, 1974, but not received, will increase the action required total to 15 for region Ill and to 117
for the OCR total.
2 DiffereCce between this figure and that reported Mar. 31 and Apr. 2 results from discovery that 15 community and
junior colleges whose AAP's had been requested and accepted are not Federal contractors.
3 Difference between this figure and that reported Mar. 31 results from reclassification of an AAP accepted on an interion
basis.
VOLUNTARY AFFIRMATIVE ACTION PLANS, APR. 3, 1975
Requested
and
received
No
jurisdic-
tion
Inven~
tory
Eval-
uated
No
action.
Not Action
Accepted accepted required
Regionl
RegionIl
Regionlll
Region IV
Region V
`Region VL....
RegionVll
RegionYllI
RegionIX
RegionX
Total
10
12
7
25
17
19
6
8
4
7
4
0
0
5
0'
0
5
8
0
0
6
12
7
20.
17
19
1
0
4
7
3
2
3
14
0
7
0
0
3
5
3
10
4
6
17
12
1
0
1
2
.
0 6
0 12
0 7
0 20
0 17
0 19
0 1
0 0
0 4
0 7
6
12
7
20
17
11
0
4
7
9
115
22
93
37
56
0 93
93
HIGHER EDUCATION APFIRM4TIVE ACTION PLANS ACCEPTED-APRIL 4, 1975
Region I: Harvard University (Mass.), Massachusetts Institute of Technology,
Tufts University (`Mass.), University of Maine, Bangor, and University of Maine,
Presque Isle~
Region II: Albert Einstein College of Medicine~ (N.Y.)', Columbia University
(N.Y.), Cornell University (N.Y.), N.J. College of Medicine and Dentistry,
Princeton University (N.J~), and University of Rochester (N.Y.).
Region III: Un3versity of Pennsylvania.
Region IV: Columbia College (S.C.), Emory University (Ga.), Florida State
University, `Miami-Dade Junior College (Fla.), University of Alabama, Hunts-
ville, University of Alabama, University of Mississippi Medical Center, and
Vanderbilt University (Tenn.).
`Region V: John.Carroll University (Ohio), and University of Chicago (Ill.).
Region VI: East Texas State University, MeNeese State University (La.),
Oklahoma College of Liberal Arts, Southern Methodist University (Texas),
University of Texas, Austin, and University of Texas, El Paso.
Region VIII: University `of `Denver, University of Montana, and University of
Utah.
Region IX: University of California, Berkeley.
DEPARTMENT OP HEALTH, EDUCATION, AND WELFARE,
SOCIAL SECURITY ADMINISTRATION,
S ` S Baltimore Md.
Mr. NATHAN RICHARDSON,
subcommittee on Equal Opportunitie8, Committee on Labor a~d Educat~ion,
Hou.te Office B~tild.tng, Watloington, D.C.
`DEAR MR. RICHARDSON: In response to your recent inquiry, I am enclosing two
`copies of a report on the Affirmative Action Program Activities conducted by
the Insurance Compliance Staff during Fiscal Year 1975.
PAGENO="0105"
~e*~tMi~i~ t1~ ~utit;xtitt bf ±ti~I~ p~f~ett `f6~ ~M~ti~ ri~1i~iik~ ai~itI~
dflr~ ~ ~fe~tr ib~ tt *~$4~9~1~ ~ k~etM~li~L4icè cost tEI~kidM
Ih tiTh ~ot~Itd ~éi~(Itit~ ~ ~~e~ttii~ t~t~4~t ft~ ~tse~L~[ ~I?~LI~ L~76 Will
be $691,928. ~ ~ ~ ~ ~
I ~t1?~l3 1I~ ioz~tiO1twi11~p~DV~e us~fiiL~or ~ ue~1s. I~ ~ç1ditic~i~a~ 1n~orm~
tion Is needed, please contact me. ~ ~
Sincerely ~ you~S, ~. ~ ~ . . ~
. B1~J~Ew~~ ~. ~Biq~Oii, ~J~I~oTqll,
f~peoial 2tai~t for Equal OpportunitY.
EnclOsure.
Repert on 4$flrimitive Action Program Activities of Insurance Compliance
Staff, Zperial Staff for ]3~qual QpportimitY~ Social Se~urity Administration, De~
~artment of Uealtb, Education, and Welfare, Fiscal Year l~75.
A statistical tsummary regarding Affirmative Action %~rogram (AAP) ~ctlviti~
of the Insuratit~e Compliani~e staff for l~lscaI Year 197~ Is ~li~Wn li~ Att~th~$
1. In. order te make these data more ~ie~nin~gful we ~e11eve it i~ worthwhile to
provide background inforinaUon regarding the types ~4 coiitr~ctor~ ~tsm~ue4 to
the Insurance Compliance $ta~f,, and tQ highlight the~!~Ys this ágedèY seèk~ to
ensure cantractor complianl~e with tl~ir AAP o~1igat~ons.
The Insurance Compliance Staff of the Special St~ff for Equal OppørtWirty
operates put of the. Social Security ~ in ,~altimore~
1~[ary1and, conductii~g onslte reviews ~electively thro~lghout the duitel ~taths.
With 33 full-time~~ permanent emp~&yees (~ttac1~men~ 2), the staff ëar4eS out
tI~e contract compliance responsibilities with respect t~ ~ssig ~ede~el Govern-
ment contractors and subcontractors who are covered by the J~iqui~1 Optortun1~y
provisions of Executive Order 11246, and related regtdatioils issued b$~ the tLS~
Department of Labor's Qifice of Federal Contract Coi4pliance (OFCC).
The Insurance Compliance Staff's jurisdiction or~ginal1y covered ~Le&ir4~e.
contractors and, companies holding Federal Employee~,iIeaIth, Benefits contracts
witi the Unjted States Civil Service Commission., Eft~çt1ve mid-1974, thi~ 3udfr
diction was expanded to include insurance companies h~olc1ing cnntracts with other
Federal agencies. Presently, the Insuranee Complianc~ Staff has under its juris-
diction some 250 contractors and ~ubcontractorp~ witbi more than 2,800 establish-
ments and about 425,000 employee~ ~ubject to ~omplia4ice review.
While some of the contractors under the Insuranc~ Compliance Staff's juris-
diction conduct their Opet~tions essctIt1a1l~r at one lecá'tioii, thO~t ~ofi&a~tur
employees under the Insurance Compliance Staff's ju~isdict1o1t are em$eyed by
multi-facility cqmpanies usuaAy Working at oftI~eØ th~oug~hOut the conntr~. Con-
sidering the wide dispersion' of field offices and the ~~ually strong directio~ aad
controls that the contractor's home office exercises over them, the Insurance
Qonipliance Staff's operations ha~' boOn geared 1~o coi~centrate on contra~tor~ on
a co'mpany~wide basl~. This has been done b~ eval~rnUng AAP's of carefully
selected tlel4 estabitshfaedts, iileiitifyiiig systeini~ de~cteneles, ~nd then se~eking
to resolve them at, the higher regional or corporate ~eve1s, where commitments
are secured not only to correct the deficiencies, and to revise the AAP's of the
selective establishments, but rather throughout all the contractor's' establish-
ments. Ofeourse, thispr~cess often involves a time pe~iod longer `than the'~0 days
ordinarily provided for deciding the acceptability of ~tn AAP for a single est~h-
lisl~ment. On the other band, we believe this process ~nables a greater and more
extensive penetration of each multi-facility contractor than can otherwise be
secured.
In Fiscal Year 1975, among the events that had i~ajor impact on Ins*irance
Compliance &aff~s Affirmative AeVio~i ~Ptogram activities Were: `~1) the Office of
Pederal Contract Compliance (OFCC) revising its ~egulatLOns to reqi4re eon-
tractors to Ptepa±e mOte detailed abd eomprehen~ive 4AP~s than previously; and
(2) the assumption by the Insurance,00iinplianee Staf~of jurisdiction over ~l~4~ge
number of insurance companies holding Government c~onti~adts but not jthevibu~]y
reviewed by a Federal compliance agency.
In coming to grips with these `two major events, jthe Insurance Qotspiiauce
Staff supplemented its onsite revieWS of tho AAf"~ o~. lndivi~ual eCtablislurients
(~s required by Revised Orders 4 and 14)' through ~ coniblnatio~i of. technical
as~i~tauce, consultation and negotiation. This ineiu4~4 oompany-w44eAAPf~r-
`mats to conform with the latest changes i'i the regul~tions and also the çoridi~ct-
ing of an Equal J~mpiey~ent Oppoflunit~v Workthol~1~o~ k~vOrnni~nt itrát~tOrs
under the Tnsurance Oompliance Staff's jurisdictio$. The Equal Employment
Op~iortunity Workshop, held November 6-8, 1974, included detailed explanations
and discussions of the latest changes In OFCC's ~fffirmative Action Program
6O-197-75-----8
PAGENO="0106"
1io~ ~
i~egulatjon~ by, otflci~l~ ~m the Qffiee ~f ~e~e~l çoptract~ Compliai~ce, the
Dep~rtwe~t o~ J~e~1~i, .~duçatk~n, and We1far~' and Eq,ual, Ei~ployn~ept OP~Qr~
ti1ty~oa~iti~s fi~om outside o~ ~the ~ederai ~Ovérnment,~ ix~. addition. ~O ~i~em-
hers of the Social Security Administration.
~ta~stwaZ aumthary of a~Zrni,atsv~r action program actevthes-Fs,s~cal yea~r 11975
AAP's received ioi
AAP s aecept!e~ 77
TIME ELAPSED
Calenda
r days
Work
days
Mean average
M~diae r
Mode ~ ~-~--~-.
157
127
~
11~
91
75
Note AAt~s~endrn? 24
In~surance com~pliance s~tdff
Nut~vber of
,Yob titleg~' *- `~ persons
E~tal opportunity officr_j ,
C9l1lp11an~e' policy and enforc~ment specialist -1
Eqi~alortthtfty specialist (employment)' (team leader) ~ -5
I~qua1 ~ppq~rthnit~,spceialist (employment) 13
]~qua1 etnployment opportunity assistant I
Stride' intern 1,
Secreta~y'
C~1np1i~ice clerk__.~
Clerk~tty,p1st
File ~ -2
esnoraziduin]
Jur~ 24, 1975.
To Susan Grayson Staff Subcommittee on Equal OppQrtu~ulies, House Anne~,
Washington, D.C.
: Director, Contract Compliance Division, CR.
Subject: Non-Col7struction PHEW contractors Who Have Submitted Acceptable
AAP'~ in ~sçal year 1974 and 1975.
The following-is a list of DHEW co-ntractors',Affirmative Actiozi Plans approved
hi -the' Contract Compliance Division, Office for Civil Rights, for FY 74 a~d 75,
and -the number of employees working at those ~acili-ties that you requested:
totat
Contractor's names : ` Address workforce
Re~gion-I:
Peter Bent Brigham Hospital Boston, Mass 2, 56~
StVincento Hospital Worcester, Mass..,......~ 1, 964
Mclean Hospital Belmont, Mass 1, 211
Worcester Foundation for Experimental Biology Shrewsbury, Mass 234
Region-Il:
National Health Services, Inc New York City 141
N.J. State Department Of ilnaith Divisiçm of Narcotics
ahd Drug Abuse ContrOl Trenton, NJ 423
fliewYork State Drug Abuse Control Commission. Albany, N.Y 4, 325
* Sloan. Kettering Memorial Cancer Institute New York City 4, 257
City of New York Add jctiop Sarvice Agency do - 784
Region-~-Vl: -
Presbyterian Hospital Albuquerque, NM_,.,, 1,303
Anna Kasernan BospiiaL.,~.. - do - 20Z
Professional Services Review Organization (PSRO) do 69
* Callier Center-of Communicative Disorders: Dallas, Tex 127
Te-xas-Depaftment-of Community Affairs Austin, Tex~.,,., 291
~E~i~erial. -submitted for inclusi~n in the- record follows:]
PAGENO="0107"
~ . ~ ~ ~ ~ ~ ~ 11 : c~ WEdR~iR~ 6~ ~ ~ ~
~ ~ ~ ~ ~ . ~ ~ W~8Mn~ton, ~ ~ ~, ~t9~/3.~
~ Th)~1. ~ ~ ~ ~ ~ ~ ~ ~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~` ~ ~ ~ `
V1taii*na~v, ~bcè~MMtree ~o~i EqU4i Op~ortu~itee~, Con~Ihittè~ ~ Eduö~tion 4~i
Eab~r Houg~kf R~pre~e,vta4i~vee W~h~/ton, D U ~
Dw~ MR ~iI~fl~M4~N ~UL~U1k you very ~nuch f~r ~rbur i~ti~er ot Octoi3er ~o,
1975, reque~t1ng additional informatioil to Stippleihent the hearing record
`Ia~~p~ciated the bp~orttth1t~ tO aijpear befor~~1i~ `~t~b~oilirnittee on EqUal ~
portunities on ~eptember 30, ~975, and Ithink t1~e disejussion wa~ helptht
*~ response ;to yQur questions is enclosed. ~hoUidfurthe~ questions `ari~e,
pl~a~~d~ nOt hestit&te to let me know,
C~d1ally; S ~ S S 5*
D~vin MAT~1*WS
S S S S~S S S ~S~eëretar~/
Thi~1Ostirê~
S ~ ANsWsS~EN~I~GSEpTEMnEn8O~ *ARING'R~cORP S S 55
1~A~ordthg t~an October 15, 1~75, article in th~ N~w York Times, the `O~ee
for.~Civil Bights :O~ the Dallaa Reg~on has re~useU tø~ a~t Ofl50~ a~d,j~atlona1
ori~h~ 4isor~mi~iatio complaints on the g~ounds 1hi~t ~ll of their resources were
d~reyted toward the enforcewexit o~ the ~dam~ v~ Weiflt~crgpjr decision The arth~1e
alsQ s~te~ thatOOR Vetnrned 10 percent of its budget ~to the T~easüry last year.
Ii~w ~ceu~t~ is ~ r~port~ S S
,A~nswex~-~Tbe New York T~mes report is accurate i~i ~1escribing the effects Qf
~a r~cep,t supp1e~uenta~ order ~n thp44am8 case, ~j~e o~der,issu~d last March 1~,
requi~es the Office for Civil R~ght~ within a stjpulale~ time~raii~e, to rei~iew,
and ~re~olve~ or take enforcement action with respect t~o, all race dis~crirninatiqn
co~npiaints a~fectingpubUc school systçms4~i the 17 $~Uth~rn and~ border sti~tes.
In the 1~llasRegio~~l Offiqe~ ~ ~pr~blern ~as arisen~ir~j regar4 t~ I au~4l~ng othe~
than nice discrimination complaints because of the viluma ØSf such cornp~aints
and the numbei~ of staff assigned to tI~e elementary and s~condary5 education
branch. 5 5 5 5 5 5 5 5
I. am ~1eeply eonce~ned about this mattei,beèause out purpose is to administer
a~i. effective complian,ce program that meets the concerns of all ni.inority groups
a~ ~e1l an women. 4. proposed procedural regulation 1~y which, the Department
will seek to articulate ai~ effective app~oaeh to enforci~ig the various civil xigbts
provisions is currently pending consideration. Court or~lets which have the effect
of establishing ;e~f~rcenient pi~iorittes necessarily rqise difficult, mana~emnent
prob'ems, and this is. a siibj~ct are~ whIch deserves clpsë sti~idy by the Subcou~~
mittee.as well as this Department. . . .... 5 S
In riseal Year 1q75, the Office for Ct~T11 Itights retu~ned $2,5~8,000 in unused
mo~jes to the TJ,S. ~l~reasiiry~Tbis represented abopt 11 ~ercen.t of the total buçlget
for that year. S S S
I am told that this occurred bCcaüse of the yacanc~' rate, which to a greater
or jesSse'r extent exists in, all o'rganization,s of this size, ~tnd difficulties in eLassif~-
ing ~iew positions. Also,. the Olfice was not permitted ~p, utilize the full amount
made available for contract `awai~ds due to legislation thstrlcting the use of funds
for that purpOse. . S S
It I'S, of course, essential that the Office for Civil ~ights make prompt and
eifieient use of every. ava~l~h1e ~esource to ebfo~ce ci4 tights laws. This is par.~
tieni~r1y important as. we move to comply with, cOurt' ~uandates au~d seek to ~
prove the'effeetiv.enes~of the pverallen,foreement ~rOgr4m. , S
Tile Tiflier article 1.mp~ies that the decisioli of the~1)'aIlSas 1~egIonal Office' `to
restrict its complaint investigations is ~eiate~ t~o the m~.a'tte'r, of vacancies. Hntv-
ev~r, at the end ~f ~`iscal.Year 1975, the elernentary~nd ~con~ary' education
branch of the Daila'~ Office, had but two vacancies put ~f a total authorized staff
of 31, .Fi~ling those vacanciec by June~ 30 would mInt ~ve affected the decision,.
2~ Please list alL staff, titles b~ OS grade. eur ~,ntly authorized for the
I~igber Education Division of the QtIIce for Civil. Rig is Also Indicate whether
eachpOsitipniS.ffiled or va'ea$. ,. .. ~. S
Answer,-~-Ene1osed ..i& a ljst.,of staff positions by g ade `level for the Higher
Education Division, Vacancies are indicated (Tab 1)
5 3. Piea~e pravide.copies of tha A~ff1rmative Action p1 n,s,.for the Office for Civil
Rights for Fiscal j97~ an~ Iriscal ~ including a york force protUe of tue
PAGENO="0108"
104
~uimber ~ud pervent~ot women az~d mi~noritie~by gi~a4~ at tlie headquarters and
re~md ornces, * ~
~ Am~wer.-A copy of the Office ~ Civil Rights .arnz'rnativeaetion ~ is en-
~ closed. 4~1ao eucbsednr~e two tables showing a work fw~ee.pn~fle ~t the number
` and percentage of women and minority empioyee~ by grade level. (Tab ~).
4* How marty eharge~ ~f di~crirnixiation umde rthe Exemtive Order have been
filed with the Olliee ~r Civil R~g1its during ]3~! 1975'~ What is the nature and
status o~ these e~agre~~ How many o~ these eases have been elosad ~n j~roeedura1
grounds? ~ ~ ~ . ~
Answer -With reapect to all contractors e~cep~ lngher e4u~at~ou inst~itutwns
27 charges of discrrnunatioh flied with the OIfIèe f~r Civil lligbtn dul~lug W~seal
~year 1975. All of these complaints were referred for action to the Equal Employ-
melt Opportunity Commission (EEOC) pursuant to the memorandum of under-
~standing of September 11, 1974, reached between the Office of Federal Contract
~~ómpIiance (OFCC) and the EEOC. Seventeen of the 27 complaints a~leged
discrimination on the basis of race, nine of them alleged discrimination on. the
Thasis of sex, and one alleged diserlinination on the basis of i~ellgiiou~
In regard to institutions of higher education, all but 64 complaints received
during Fiscal Year 1975 were referred for adtion to the lDIilOO thtder the above
mentioned memorandum of nnderstanding~ The 64 cOmplaints not so teferred
were received between July 1, 1974, and September Ii, 19~l4, when the referral
procedure took effect. Thirty-four of the complaints allege discrimination on the
hasi~ of sex, 21 allege discrimination on the basis of race, eight allege dlserhnina-
tion on the basis of national origin, and one alleges discrimination en the basfs'~f
l'eligion. The compiflints allege various diScrilnitiatory practices or decisions in
The areas of hiring, promotion, termination, and salary. Thirty4wo of these
eases are ~ti1l awaiting investigation With respect to the others 24 IraTe been
~fiilly iñvéstlgated, four resolved, and four clOsed oltt ot~ .prPc~dnral' grounds.
~5. What specific steps will you undertake to improve the `rOpresentation of
women and mhrorities in higher level positions in the Department of Health,
Education, and Welfare?
Answer.--It is my strong feeling that HEW has a paramount responsibilIty
in the area of increasing the employment opportunities for women and methb~rs
of minority groups within its own staff. This iS especially true in light of the
fact that this Department fs charged with the responsibility of overseeing that
samO process In many other institutions, and by F~deraI c~ntr~ctOrs. It is my
understanding that HEW has made important progress In the last several years
in this area.
The Department's ongoing commitment to Increasing the representation Of
women and minorities in middle and senior level, positions has resulted In sub-
stantial improvement. There is no doubt, however, that this process `must `be
given continued emphasis.
I intend to see this upward trend continue in' the search for personnel to fill
positions in these grades; a positive and aggressive effort will be macTo to find
qualified candidates who are women or minorities. $imiIarly, In planning for
training opportunIties, the career development needs of women and minorities
will be given special attentiOn. For example, from Fiscal Year 1973 to fiscal
Year 1974, women's participation in medical/scientific and the legal ft-service
courses showed a substantial increase, and a similar increase occurred in ad-
~inistratlve/management training.
The Department s Affirmative Action Plan for Equal Employment Opportunity
for Fiscal rear 1976 contains a. number of action Items that will help achieve
the goal of improving the representation of women and minorities In higher level
posItions. For example, this plan provides for a monthly analysis of pertinent
statistical data to identify organisattonal components showing favorable nta-
tistics in thi~ regard and those where statistics show no' improvement Si~nifi-
cant trend. changes are noted, and provide a bas1~ for discussion with managers
in components showing no progress to determine the reasons and plan appropriate
action. Also, the plan recognizes the need for top managers to be fully Informed
regarding employment issues related to minorities and women. To meet this need,
there is a provision for the Equal Employment Opportunity staff' to meet with
top managers at least quarterly to discuss equal en)ploymE~q~ Ipatters
As another `significant step in this area, the President announced' on October
1, his nomination of Mrs. Marjorie Lynch as Under Secretary of the Department
of Health, Education, and Welfare. I am pleased to repOrt that Mrs. Lynch was
confirmed by the United States Senate on November 54 I will look to her for
PAGENO="0109"
ad4fl~amd ~1e*üer~b~p In the ~pro~e$*~t ~enkan~ing the! r~ ~ mftmrth~s and
we~nen ~ ~ .
6~I~or~ead~i ~th~es~Ut1erHZW'S con$ira~t c~m$it~ne~ ~ur1sd~ktiYn-
legal services, health services, insurance agents and broJ~ei~s, I~s1u?an~& earners,
reuie$tate, combfli~I ~ reaI~estate and tnsunan~e, soe~aI s~r~iees, rnu~eun~s and ant
gaI~tei~ies~ n *ership o~gan%~a1~ous~ educ~ttixfla1 sei~vi~es, an6 ~iflst~tut~o1$ ot
h~g]~er ed ~ prov1d~ tia~e est1n~ted 1n3miJeJ~ ~f eo a~t~rs, the~ nt~m~
ben o1~ conipUane~ ~e~i i ~condu~ted ii~ Ftsea~ Tear 19~ a~d s4~ttue of tbo~e
re~ri~e~ws, t the resources li~ star and ft~s HEW hasasMgne~ t(~r e~mpi1a~uce'
activities in each industry.
~nswont,a~o*r~haneeffi~Mio& The ~rao~rn~liai~ce D*vision ~f
OCR, w1ilefr~enr he~Exee~itl~~eOr4er pregrani with f~espeet te all contractors
ex~pth~gher education tnsrthitions~ ne~onts that there sire ~ nom~ons'truction
cotor~ under its ~uritd1ct1on, brokea down as tOflo~w~:
Health ~ervieee~ 1,
MembershIp onganizatitwe, 482.
`:Soeial services, 328~
Human resourees ~wograzas, 1O&
Edunithn services (except higher edtreatlon), 54.
`No contractors were' identified nndt~r Iegat.serv*ess~ t4ai estate, combined real
estate and insurance, or museums and art ga1Ienies~
The eontrset eom~~4iance Dlc%~ision cendncted 9~ eo~p~l4auee reviews dun1ng~
Fiscal Ye~tr. 1~7& Of this number, 12 were pre-award re~tews and 88 post-award
reviews. Of the total number of contractors reviewed, `~2 Were stthjoct to OFCC
Order No.. 4 req$rement~ to maintain an affirmattpe 5c~ioit plan (AAP). At the
present time, five AAPs have been found acceptable, and 47 de~k audits of
contractors' AAP's are' in process.
During Fiscal Year, 1975,. there were 88 staff members assig~ed to the Con-
tract Compliance Division with 85 in the nonconstruction compliance program
and the balance in the consirnetien compliance program.
The Social Secnnit~ Administration's Insurance ~on~pllance Staff which ha~
been delegated responsibility for the insurance industr* has a universe of more
than 200 eontractors~ SSA compliance stat! scheduled j1~L post.award compliance
reviews in Fiscal Year 1975. Of `this number, `80 were ~Ornpieted with 80 pend-
ing. SSA has allocated $649,190 to support 3~ staff .mem~bers assigned to noncon-
structioti compliance activity. With respect to cotbp1alft~s, $SA had ii filed dur--
ing FIScal Tear 1975. Of this number, SSA closed one oi~ procedural grounds and.
the balance were referred to EEOC.
H~yh~& Education Division.-OOR' has identified 863 higher education institii-
tions which are subject to the .Execntlve Order.
The Higher Education Division conducted $4. on.site e4mphlance reviews of col-
leges and universities during Fiscal Year iWt&. The' nt~nuber is relatively small
because at the turn of the calendar year, the Division inittiated a staff training and
policy development program which, fo,r the time being, w*l remain the number one
priority. As soon as possible after receiving reports f~om the regional oftices,
OCR will furnish, the Subcommittee with the status of tl~ese revlew~. However, it
should be mentl~n~ at this point that the new Labor 1~epartmènt guidelines for
preparing an acceptable affirmative action~ plan, i~sued~ last August, have natu-
rallyiaffaeted the course of these reviews.
Duting Fiscal Year 1975, 128 posItions WOre allocated~to Executive Order com-
pliance work in higher education. During the cu'rrent} fis~a1 year, 60 oif these
positions `are also being assigned similar compliance work under statues com-
parable to `the employment dlsetiminnt'ion provisl~ns of ~Te Executive Order, such
as Pltle VI of the Civil R4g~hts Act of 1964 and Pttle I~ ptf the Edu~Oation Amend~
ments of 1972.
~be total budget aflocation `for `alt Executive Ord~r eojupi1l'anc~ wotk far Fi~cal
Year 1975 wa's $fi,277,000. Of that `amount, $$,~O0O wa~ allocated to the Higher
Education Division, and $2,752,000 Was ailoO~ted to tihe Oonbract Compl1a~ce
Division.. Funds to su~port compliance activity with r~pedt to noneonstruetion
ec~ntraCtors in the ~ontrhct Com$i'ance ~ivlsion were r~ot allocated by industry.
7. What specific plans do you have for improving the effectiveness of OCR as an
efiforcement agency?
`Amswer.-~--A ma~jor objective is to `a~tl'culhte'el'early th4 ctitenl'a to be used to' de-
termine `pntoniti~s and, `the atloOation of resources. As `~ have indicattd, this is
doubly important In light `of c'onipoting demands ai~d eo~rt, orders with which we
m~st eomply `As you know, `onO of my first atts, us See~etary was to reopei~ the
pi*llc conunrent period ~on' the proposed `procedural cegn~atlon for civil rights en-
PAGENO="0110"
10.6
1~eeme~tt' (to ~ the Dep~u~tm ... ae~rzsu1~t~fully ~h4hd4d~i~nthgr~ps
~k;~tt have `a v11~a1 stake~i~n how the var~io~ ~ 1aw~. are~adwini~s~~
te:t~4l This input ~hot~Jd 1~e~p the Departme~it e~ine ~o2dth w~U~ ian effectlye and
ll~baia~iced~ ~et ~ proc~1~ea. . ~ ~ ` ~ ~ ` , . ; ~ ~ :~ ~ ~ : ... ~ ~ ~ ~ ~ ~ ` ` `
rA S~~fld ~ea w~hic~h w~rr~n't~ attenstwn is the a~IUtybat the Offleeto ~nve~tigate
~Qp~p1a~ntn ancj ~r~w~ew and apprç~ye ~fi1rmatwe ~ion pz~ogra~s in a timely fash
. 1Q~L!; ~8eems ~ me't~hat. th)~s C~fl be .i~wpr~ved u~iu ~ ~oU~w~ng ~thron~1i on~ a
~cQmp~ehensive stafftraji4ngpr~grarn ant1byd~yeioping c1ear~andconsi~tent ëom~
.plianpe i~d~ard~. t~t i~~t!~I;irn1~: as w~U~s~ O~ `a~aff, ea~effeot~[ve1y~itil~ze,
~OCit~is currently working on both of these objectives. ~ ; ~ ~ ~F : ~ ~ ~ ~ ~ ~ ~ :
~% P~ e:~1~i~te4~n)the extent of ~he~'refibement~' of~e~ecutiva Order'1124(~
*th~t you ~i~ld p~qpo~e ~th r~pe~t to higher edueatlon~~
`Answer,-~At thetSeptember 30 bearing, I stated~ Irs respo~ase to. a question, tha't
I did not lelieve hig~her~ ~dueat~oii ~n~t1Jtntions~ shoi~id; be e~ernpted~from equal
employment and affirmative action Ybhglations. I did suggest, however, that cer-
tain refinements might be in order after va1uatix~g t~~applicability of `these
requirememls to faculty employment conditions. Although thls~ls pertainlyime~of
the more complex issues facing the Office for Oi~i1 Rig~senfct~process~,
it is my feeling that any ap~roaeh to the refinement of affirmative `a~ction pro-
c~Iures and ~equiven~enhs ahQul,dbe~reinjised i~pon.~ c~jn~a~itment to `improve the
evaluation compliance and enforce~nent process~~ of the Office for (Jrvil Rights
Higher Edi~watiion~4vision. As I have indieateçl Ølsewhefe. ;efforts to. hring~abaut
this improvement are currently under way ip the form Qf staff training programs
and `the developuient of clearer compliance standards.
(Future refinements might take. the form of providing more~ fi~xibility, in the
negdtia~ion Ofa~rrnative action prog~ams~.enhanced resour~os for providing tech~
niëal assistance in the development of affirmative actions plans, increased coordi-
nation between those elements.o~ HEW a~d ot1ie~'.agenc.iesinvoI~e4 in liighei~ ed-
ucátiön, and an increasef. effort to augment the available supply of minority and.
women candidates for faculty. posi~tipns. None of these,: i~efinemeuts ahould,'of
cQurte, .many.way,ies~en the obligation of fleadeipic. ~oinniunitjes toproceed with
affirmative action requirements. . . . ` .
9. In th~e use of goals:and timetables an appropriate n~hanism to remedy.
undérutllizati~n of minorities and Women at all levels ~f facul~yemploym~nt in-
cluding tenur~cj.posj~io~s?.. . . . .. . .
Answer.-As you. knpw, the Department of Labor regula.tions.require that in~
stitution~ of higher edu~ath~n conduct a utilization analysia and develop goals
and timetables to corerct any deficiencies~ (41 CFR Chapter 60-1,40; Chapter
`60-2.10.) Goals and timetables are ~ useful vice with which to measure prog-
ress in achieving equal employment opportunity, For inst~nc~, if tile goals and
timetables are, not reached, or if~progress,j~ I~ss,than aijiticipated, these circuin-.
stances u~ay suggest tile need ~or fu,rtbei' evalu~lon of the institution's employ-
ment process or the need for additional technical assistance.
At the same time, the Department's experience seems to Indicate that goals
and tin~etables may not ~iways be therno~t pro4u~t~ve;preceUure it' regard to .wii~
vér~ity pOsitions. (generally tenured) £o~ whii~b a substantlatrecruitment effort is
not. updertak~n. Of course, the~Dep~rtrnent is receptive.jto additional ideas and
suggestions on this particularly complex issue. . . . .`
10. Within several professional occupations at HEW, the salaries received by
wpmen and minorities range from $3,000 to $7,000 less than the salaries receiyed
by~v1iite.nien (née chart) Are there any employment practices at the Department
thgt are operátiug~ to limit. the career ~levelopmentof women and minorities.?'
~nswerA-~mphaslca1ly, the Departthent'does not have, employment practices
designed' to limit the career.developrnent of women an~ mlnoritbes. However, the
chart outlining the disparity regarding the salaries of white men ar~ compared to,
minorities and. ~ does not provide sufficient information from which ..spe'
cWc'c~nclusións',~an be drawn~ Some disparity is probably due to hist~rica1 din-
ci~ifti1tioii'an~ `thé.faet.that white men have been in Iositions for a longer pe-
nOd of time. Thus, it is..réasoable to assume that they would. be in higher steps
of the same grade than are recently promoted minorities and women. Our job
efassification ssytèm which, of course, forms the basis for salary setting applies
equally to all categories Of employment. From ~anuary 1974 through January
19~5,. over 32,000 women received. promotions, This., represented 73.3 percent of
the' promotion actions, while women comprise 64. percent ~f the workiorce. A
1a~rger prOportion of women.,wOre promoted at each grade level than men. Also,
oi~r niput into the~profesMional ranks of minorities o~ er recent years Is allow
lr~g us' t'o'ili4ii4e nior~ minorities in the higher grades through promotion actions,.
PAGENO="0111"
~qualopp.ortunit~LQfficer~,. GS-15 1 1
Civil ri8hts offiter OS-iS 1
~upervisor, equ~l~ opportui~ity speciaist ~. 05-14 U -`-
EquaLoppartunity specialiht. ~ ~-~- -,~--~ GS-14 2 -
Contract compliance specialist GS-r4 1
Program development administrator,.' GS-14 1
Equal opportunIty .o~fIcer GS-13 ` 1
Supervisor equal opport~nlty specialist GS-13 1
Equal opportunity specialist - GS-13 - 17-:
Civil rights specialist ._..~ GS-13. 2.
Program analyst GS-13 1
Equal opportunity specialist ,_ - OS-12 25
Do GS-1i 21 12
Do ~1S-9 14 15
St~ft aide GS-~9 1
Equal opportunilty assWtant,.,. - - - ~ P5-8 - - 1 ~.. - -
ual.opportpqity~spec,ialisL ` -- - 05-7 - 6 2
Secretary stenograp~er GS-7 1
Equal oppor~utiity45~istant GS-6 ~ `~_ - 1
Civil right~ass~stant ~-. 05-6 - - -~
P1çlmioistrative assistant 05-6 1
COmplianch assistant 05-6 1
SedrétarY$tefloPiaplO~t ` GS-6 ~ * 3 ~ -
Clerical assistant (typing) -.~. 05-6 - 1,
Equal opportunity specialist - .1.1.1.__ - GS-5 - 1 : ~1
Equal oppOrtunity. siSOcialist (trainee) :_- 05-5 1
Equal o~rportunity a~siqtant 05-5 1
Civil rights assistant OS-S 1
Equal opportunity assistant (typing) 05-5 11
Secretary-stenographer OS-S 5
Secretary GS-5 1
Secretary-typing - 05-5 2
Clerk-stenographer GS-5 1
Clerical assistant (typing) GS-5 1
Clerk-typing 05-5 2
Secretarylyping. - - - GS-4 - 11
Clerk-ntanographer. -: ~.. GS-4 .; 3 ~ 1
Clerk-typist GS-~-4 16
Do l3S-3 - - 4
-_Total 1~2 iS
1 Commitment (1) OS-li, r~ctuit actions (l2)~ -
- - - OFFICE FOR CIVIL RIGHTS -
- - - GRADE PERCENTAGES OF ffMALES AN~ MWORITIES, AS~oF~SEPT.~3q, ~ -,
Females
- - - Perc~nt
Percent - head~
Grade - Total regions Total quartars -
Minority
- Percent
Percent head~
total regions Total quarters
18
17
~_ - -
15 3 23. 24.1 `- 9 69,2 8 27.
14 4 8.3 8 22.2 35 ~72.9 10 37.
13 - 14 157 6 25.0 51 57.3 - 7 29.2
12 33 423 15 75.0 52 66.7 8 40.0
11 , - 38~ 52.1 - 13 650 44 -- 5O~-3 30 50.0
10 - - 3 100.0 _.._4 3 10010
9 42 - 60.9 14 `778 38 5511 -- 13 72.2
8, ~ 7 -. 87~5 LJ 7 87.5
7 27. 79.4 18 90.0 -~ 22 64.7 11 85.0
6 - 19 95.0 . 22 - ~9~.7' 14'. 70.0 22 91.7
5 46 97.9 - 21 100.0 `27' 57.4 11 - 81.0
4:__:_1 49 92.5 -1O 9Q,9 28 - 52.8 9 81.8
3:- ~. - 13 - 92.9 4 80.0 11 78.6 5 100.0
2.1. ` 1 10010
1 ---~--~- ~-~-~---~ :~
~9~ib~t~if `~ ~ek~8nc~ step~
theii~ grades due ~o tile rapX~ p mb~to~1S they:r~cetve~ C4rreutly, there remains ap~
~ others.--One~--a-gam,*
let me assure you tbat-every.eftOrtwili be ~a~e-to elinlinate ~is discrepency.
- OFflOE~rOR ~ D$VISiOf~, STAFF rITJEs
-~ Pçisition ~``-`~ `~ ` - `~`` ~ - ~a'' `~/ap~ncies,
Total 288 53. 5,
146 62.7 331 61.5
137 58.8
- ` -~ - ..~_. - -.-:~ ----- - ---i ~-- ~ ~ -~-~- ~- ,- ~-,--~-- -i~: ~- - - - ~ - ,: ~
PAGENO="0112"
Grades
MiflO~I*~ WtMO'AR~k5 F~flsl&
Percenb- ~eeeet~t- Parceut~ ~ercent-
Number ~e Ndmber age Number age Num~r age
Tetal
16 to 18
tttb 15 120
~to12 168
52~ 1
59.8
2
110
113
100.0
4r7~ &
40.2
40
158
17.4
56~t~
2
190
123
IOt0 2
82.6 230
43.8 281
~
gubtttat.
~to 18 288
5 to 8 126
ttô4_ 54
56 1
225
43 9
198
38 6
315
61 4
513
72 4
64.3
~
48
30
303
27 6
35.7
39.3
160
76
434
92 0
90.5
~6.t
14
8
337
8 0
9.5
4V~
174~
68
771~
Total 468 60.7
Poracx SrATEMENT
It is tile policy of the Offie for Oivil R~g~ts to provide for equal employment
opportunity for its employees and job applicants. I am committed to the concept
of taking affirmative action steps to insure that the employment practices of
the Office for civil Rights do in fact provide for opportunities: within tile merit
promotion system for all groups of people regardless of race, religion, sex, age,
ilandicap or national origin. In the coming year I will be concerned not only with
monitoring the specific items included in this plan but also with the progress of
the entire Office for Civil Rlg~its' affirmative action program.
PETER E. iIoX~arzs, D4iei~tov,
* Office for Ui~vit Rights.
1. ORGANIzATIoN AND. ADMINI5TRATION
* INTRODUCTION
$fatevmnt of policy
The Office for Civil Rights affirms its support of the policy and cominitmOnt
of the Department of Health, Educatlon, and Welfare, and of the U.S. Govern-
ment as set forth in Executive Order No 11478:
Tt is thO policy of the Government of the United States and of the govern-
nient of the District of Coiumbia to provide equal opportunity in employment for
all persons, to prohibit discrimination in employment because of race, color,
religion, sex, or national origin, and to promote the full realization of equal
employment opportunity through a continuing affirmative programs.
We, in the Qffice for Civil Rights, have a special obligation to establish a policy
and program which can serve as a model to other agencies in the Department.
We are ffrmly committed to affirmative action for irinorltles, women, and handi-
capped persons in all aspects of hiring, promotion, and upward mobility. We
plan, thdréfore, to take all steps necessary to remedy disparate staffing and
recruitment patterns that are the consequence of past or present discrimination,
whether intentiOnal or not, and to prevent the occurrence of employment dis-
rrlmination in the future.
Ant horilry
Phe* authority for this Affirmative Action Plap derives from Section 3 of Exec-
utlve Order 11478, the Equal Employment Opportunity Act of 1972 (P~L. 96-261),
and Section 501 of the R~ehabilitatlon Act of 1973, as amended..
Afftrmatiive action plain ooverage and invpleinentation plan coverage
The provisions of this Office for Civil Rights' Affirmative Action Plan are
applicable to all employees of the Office for Civil Rights and. applicants. f~r em-
ployment on a nation-wide basis.
This Affirmative Action Plan Is designed to ensure equal employment oppor-
tm~ity on the basis of merit, without regard to race, color, religion, sex, national
origin, politics, marital status, handicap, or age. (Federal Manual Chapter 713;
EEO, Sub-chapter 4.) It delineates management's commitment to the employ-
108
~ ~~gtQNS PERC~NTA~1ES OF~TA1F BY RP,~E, SEX, AND GRADE-
EMPLOYMN~ 438W SEP11 ~ I9~5
PAGENO="0113"
ment' of minorities, women, and handicapped persons 1as well as the ~ru~gt&~
steps to ~kth~i~e ~i~~imination in re~uit~i~ pr4mo4i~iop~, t~th~g, and all
ether aspects of ~m~~lo~eht. *
All personnel ~are' ~eqn~tè~E ~th give affirmative ana positive suppoi~t cto.
effeetive implemexrtatioh of the E~qua~ ~y~ex~t ~ j~trn~i~ 4~kan ~f~r the~
*pnilpose ~f e batk~n~ i~IEé *oai df ttchkW1ii~ ~full and E~al ppportu~ii~y far each
person without regard to race, coLor, national origin, sex, religion,, age, ~narj1ai
status, political affiliation, or hanclic~, The ccess~il p1ei~ntat*o~i `o! the
pi~n roqu~res th~t 1t 1e fttLly ~pn~erStoad by aLl ~ $11c1a1~ *~~flag~r5,
st~perv&sYr5, ~h~t ~
Rc~po~vsibil4ty
Røspon~1bi1tty foi~ ~o~.tevkll develo ~t 1n~leme~ta~hYr~, oqo~rc~Lp~ation, and
no~j~g~cxf tJ~e ~a niatfveadtion prd~i4n~ i~ests Wii~ the Dir~ctor of tl~ Office
for Civil Ilights. He has delegated to the Assistant Director for Adninistratiovi
and Management the authority to represent )hi,W in tb~se rnatt&s to assur~ that
the Q~1b~e ~for ~ivJ~l ~U~*1ts, ~brong~i ~th ith~A1 ~ Dineeiors, .~ivision
Directors, and Directors of Offices, is meeting ~i~ts `EEO oblig~itions, The Assistant
Director for Administr&tion and Management will delegate tb~ functionS of
Equal Employment and A~ffirmative ~&etio~ to an Eq~u~i ~m~ioyment O~cer Who
shthl ~h~ave fu1l~iine re~pOnsibi1ity for Equal Employjiient Opportunity and for
co~ta~ts *fth ~atlqfiai~ters and Regio~al Directors,
Intp1v~wn~ation
Headquarfers and each RegioAâl O±Uce will 4eve~p an Affirmative Action
Plan tailored to their needs~ utilizing The natjon~l OpE Plan as a guide to in-
sure complIance *4th the pro~isiQns of i~xec~tlI~e Qr~1er 1Et478~ DLIEW Manu~i
Oimptsr 7U~, ~M ~Se~tian 501 of the R~ha~tI~tation Act~ot 1q73. ~ ad4juarters and
OCRRegional Othc~s will el~ct j~art-time Afljrm~tive 4~ction Representatives and
maw nlst ap~point ~twô other ~znployees to serve with t~ie AfflrmatLve Action Rep-
resentafl-mes as an FmatFs~e Action Advisorw Coi4mittee to the flirector or
Regional Clvii ~Ri~hts Dir~ct~r to assist, inte~ aUa, in developing the Affirmative
Action Plan. *
This Athrmatire A~tthn Plitn will become eI~eottvé JIuly 1, 1975 (FY 1976) and
Will remain in efJ!~ct for one ~ar, At the end of eac1~ Fiscal Year, regional and
Headquthters Amimrative ~ctioh Repre~ntatives wfl~1 submit t~eir evnluations
of the effoctwencts of the hn~tenientation of the plar~, along with recouirrOnUa~
tions for modifications to their. i~espective Director. C9pies of the ~ei~a1uabion WIll
be forwarded to the IM'rector, OQR In ~f1endquarters.
onGA~IzATxox : *
Oeog~ap~hic 4ooc,tions
The Office for Civil Rights (OCR) located at 330 Itidep~ndence Avenue, SW.,
Washington, D.C. 20201, is responsible for the organi~ation, administration and
implementation of all programs within its jurisdic~ion and operation of the
regional offices.
The ten Regional Officesare located as follows:
Region I: ~$ona~ j4~risdiotion S
RJ~O Geneval Building, Boom ~ (3emnedti~t, Maitre, ~~fassaclnisetts;
Buifinch Place, ~vertrment ~ehtcr, New ~1ampshii~e, thot~e I~land,
Boston, Mass. 021114. `S~etmot~t.
Region Ti:
Room 3908, 26 iPederal i~laza, New N~w ~ New Jer~e~, Puerto Rico,
York, N.Y. 10007. Virgin~Islands. S
Region ITT.
Gateway But ing,~5~5Ma4~kèt ~%i4e~, ]Yèl*wa~, ristrict of Columbia,
~hlIndelpMa, Pa. 19101. i~ttryl~i~d, ~Pethiswlvanta, Vir~
* * giitia,~We~t ~Ti~tnta,
Region IV: S
6$t1~ ~W~st Pea~Htireé Street, N.'W~, At~ A1~b~ama~, i~ori~a, Georgia, ~en-
~ta~rtta, fla., 3O3O~. * * j,ucky, I Mi~~1ss1pi4, Nirth Care.
lina, n11ent1es~ee.
RegionY: S
309 West Jackson RlItd., itnobi !IOOG, Illinois, ifudiana, Minnesota~ Mfchi-
(~h4dbgo, Ifl. ~606O6. gaii, O~hio, Wisconsin.
PAGENO="0114"
110
Re~iot~ ,i ivegwna~ iUr~s~k4~on
1114 Co~m~nerce Street Dâ11~ts ~tex ~ Arkansas, Louisi~fl~~ New Mexicc~
75202. ~ . ; ~ Okiahonia, Texas. ~
Region VII.; *.~. `, ~ ~ ~ ~ ~ . ~.. ~ ` ~ ~
1150 Grand Avenue `Tth F'oor, E~n Towa Missouri, Kansas, Nebraska
sas City Mo 64106
B~g1on VIII
Federal Oftk~e Building 1961 Stout Colorado Montana North Dakota~
Street, Roêm 11037, Denver, ~ ~outli DaI~ota, Jta~,. Wyoming;
Region IX:
Phelan Building, 760 Market Stree~, :Arizona, Oal1fornia~ Hawat!,. Ne-
Room 700, San fl'ranci~co Calif vada Guam American Samoa
94102.
Region X
Atuade Plaza Building 1821 Second Alaska, Idaho, Oregon Washington
Avenue Seattle, Wash 98101
OUii~ Stw,tttre
The Office for Civil Rights Office of the Secretary~ Department ~f HeaiUi
Education and Welfare administers the Department~s responsibilities under
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d) et seq.), Parts I and
III of the Executive Order 11246, as amended, Sections 799'A Ond 845 of the
Comprehensive Health Manpower and Nurse~Training Acts of 1971~ Titles VII
and I~ o~ the Ethication Amendments Gf 1972, Section 503-504. of the Rehabilita-
tion Act of 1972, Sectiojl407 of the Drug Abuse and Treatment Act of 1972 and
Section 321 of the Comprehensive Alcohol Abuse and Alcoholism Prevention
Treatment nnd Rehabilitation Act of 1970
The Offlc~ for Civil Rights is tinder the supervision of the Director Office for
Civil Rights Who reports directly to the Secretary who also serves as Special
Assistant to the Secretary for Civil Ikights The Office for Civil Rights consists of
Headquarters-~--Djrector, Deputy Director, Office of Policy Communication,,
Office of PublicAffairs, Office of Governmental Relations, Office of New Programs,.
Assistant Director (Administration and Managemeut) Assistant Director (Plan
ning and Program Coordination) Contract Conip1ian~e Division Elementary and
Secondary Education Division, Hi~her Education Division, an4 health and Social
Servhms Division. .
Regional Offlces-Reginna~ Ditector, ])eputy Director,. Admini$l3ratjve Officer,
Elementary and Secondary Education Branch, Higher Education Branch, Health
and Social Services Branch, and* Contract Compliance Branch.
Staffing includes General Schedule employees of which 24.6% are located in
Headquarters and 75.4% in the regions.
Orga'nit~ation narralive
Q~~e of the ~ireotor.--The Director is responsible for the óveralf direction of
the Office and for the implementation of its responsibilities. He authorizes and
directs compliance reviews, investigations, negotiations, and referral of cases
to the HEW General Counsel or the Department of Justice for administrative o~
~judicial enforcement proceedings when appropriate In his capacity as Sj~ecial
As~ist~nt to the Secretary for CivilEights, he acts as a singiepointof cooi'dina-
tion and e~ntact for all of the Department's creil rights activities
The Dejmty Director is :f~ principal assistant to th& Director. He acts for the
Director in his absence and serves as principal liaison for relationships and
transactions with other governmental and non-governmentai agencies and
individuals. . * .
The Office of Policy Coinsnanikiation, provides information on Office policms and
operatio~is to ~nembers of congress lt'~ ~ommzttees and staff members It coordi
nates monitors and reports on legislative actions and provides liatsob with State
and local govqrnments as well as special interest and community groups, in addi-
tion to preparing testimony and other materials requested by Congress.
The Office of Pu~blie. Affairs formulates press informati9n and publication
policies, provides liaison with the news media, and advises the Director -and
other staff members of informational matters relating to public understanding
and support of the Office. It coordinates replies to public inquiries and niaintaina
a clearinghouse & information and materials for disseminatiom~
The Office ~f vcrnsnenta~Z Relations is responsible for facilitating coordina
tion between the Office for Civil Rights and other Executive Branch departments
and agencies, as well as other Department of Health, Education, and Welfare
agencies and qifices. It reviews policies and regulations which are circulated
to the Office for Civil Rights by other agencies; identifies and coordinates inter.
PAGENO="0115"
It'
office. comments on new Departmeiital ~pôlicles ai~rd rO~ulatlotis of potential 1n~
terest to Department of Health, Educatiou, and Welfare civil rights programs;
en5U~es that final polie~ commenth and .determinatlo~is proceed according to
sebe~lule.
The Oj7toe, of New Progrtznz$ is responsible for dev~lopment of policies and
formulation of compliance and other programs, lnc)4ding regulatiOns, guide-
lfnes, or rules or orders of gel4eral appl~cabiUty, foif newly-enacted statutes,
nOwly-issued executive orders, rede'legatioiis of DepartlJnental programs authori-
ties, or orders for which the Otflce for Civil Rights h*s respon~ibillt~..
It pi~epares designs of Onforcement strategies for ~iew programs; analyzes
needed data iteflis and de~igns of formats or survey~; develops and operates
pilot te~ts for the new prograni~.; handles cox~plaints ~n new prpgrams; coordi-
nates with the Assistant Dlre~tor (planning and `P4~ogram COOrdination) in
accomplishing a smooth transition of program respon~jb1llt1es to the operating
divisions.
The 4.ssistant Director (Administration and Manai4emer&t) is responsible for
the. following activities: .
1. Management Analysis and Systems Plahning,
2. Management Services.
3. Budget and Auditing,
4. Correspondetice Document Control.
5. Personnel.'
0. Equal Employment Opportunity.
7. Training.
The Assistant Director (Planning and Program dO*rdination) is responsible
i~r the follQwing activities:
1. Planning. `
~ Operations and Coordination.
~. Evaluation,
Division,-The four divisions at the Headquarters level are `each beaded by a
Division Director;"wbo reports~ directly to the Direct~r, Office for Civil Rights.
Division Directors are responsible for administration and en~orcement of Civil
Rig~ts rules and regulations applicable to Federal~y- ~nded programs.
Regional Offices--Each of the ten Regional Offices `s headed by an OCR Re-
gional Director, who serves as the direct representat ye of' the Director of the
Office for Civil Rights in each region, and i~cts und4r the authority delegated
to that position by -the Director.
* Regional Branch Chiefs head the 4 branches in ea~h Region which are iden-
tical to the Divisions in Headquarters. Regional Branches are under the dire~tion
of the Director, Office for Civil Rights in each regida.
General
Specific respc~isibilltY for implementing the OCR ~ffirznative Action Pign is
delineated in `seètion on Responsibility. (p. 10). The f4llo~ing outline charts the
~1ow of authority and line relationshi~p between `thosel sharing affirmative action
r~sponsibllities:, `
The Director of OCR, delegates tç~ the Assistant Director for Administration
and Manageme4t the responsibility arid ~utbority fdr developing,, distributing,
implementing, monitoring,', and enforcing the Agency~s Affirmative `Action. Plan.
The affirmative action plan process
The Ad Hoc Working Group appointed by the Assi~tant Director i~or Adminis-
tration and Management was comprised of a represent~ttive from each Ilegion and
Headquarters, a Chairperson, and the OCR coordh~ator for ~panish~Speaking
Programs. ` `
Following a meeting of Chairpersons in Washin~ton, the Ad IIo~ Working
Group met in Dallas, Texas, to prepare the iidtial drpft of a niodel agency-wide
OCR Affirmative tAction Plam The `Group members were then commissioned to
assist Directors of OCR's `DIvisions,' Offices and R~glons, together with their
respective Affirmative Action Representatives, in p: bparatlon of Headquarters
and Regional `mini-plans' lobe incorporated into the I nal OCR Affirmative Action
Plan for FY 197~.
After the meeting in ~allas, members ;of the Offict for Civil Rights Executive
Staff met in Washington to evaluate the~draft Plan for accuracy and complete-
ness. It was then submitted to the Assistant Direc or for Administration and
Management, the Deputy Director, and OCR's EE Officer for a last critique
before being presented to the' Director, Office for Civ 1 Rights for approval
Periodic reports on the progress of the plan were iade to the Director, Office
for Civil Rights, whose major concern was that th Plan was being developed
in accordance with U.S. Civil Service Commission an Departmental regulations.
_________________ ~ ~ ~
PAGENO="0116"
OFFICE OF
GOVEPNMENTAI~
L~RELATIONS
OFFICE O~
GENE?AL
- CGUNS~L
PAGENO="0117"
General
Compliance with tWa Plan aflcl assLir~uiee of ~wndi~criniination is the responsi-
bility of every einpleyee jn*e Officu~for Clvii Ri~hts~
Responsibility for aeeompflshtag tite ~ectlves Of the Affirmative Action Plan
extends from the D*redwr ef th~ Offic~~ ~fre Qi~iJ. E1g1~ts through all levels of
n~knagement an~ sup VlalAm,' and Otieell~pa5ses the coop~ration of all employees.
Director of QOR
The Director shall:
I. Implement ~nd maii~tain a positive, coi~tinu1ng program designed to insure
equal opportunity and to promote affirmative action efforts for women, minori-
ties, and handicapped individuals in every aspect of ~mploy~ient policies and
practices in OCR. This includes review anU evaluation 4f the equal employment
o~pGrtunty performance of Hoa~k~arters and the 1~eglo~ial Ofilces, assuring that
all units meet OCR's equal employ~ent opportunity requirements and affirma-
tive action requirements,, inclu4ing ~oaIs and timetab'es and other errective
actions for identified deficiencies. -
2, Receive and review written reports from the As~istant Director f~r Ad-
ministration and Management ~m the status and progr~ss of equal opportunity
in OCR including progress with respect to special departmental programs ad-
dressed to the status' of wOmen and the employment of' SØanlsh surnamed persons.
3. Assure sufficient resources and work force to earr~ out `a positive and con-
tinuing Affirmative Actien Program.
4. O~rtify the qualifications of all staff o~eiais Coticeilied wit'h the administra~
tion of the Affirmative Action Plan, as well as the aik~cation of personnel and
fiscal resouries' assigned to the' Elqtml Employtnont O~~portunity Program.
5. Establ1sk~aa a priority action item fdr fiscal ~ye~r 19~O that the Headquartera
and Th~gionnl `Offices place special emphasi's~'on 1dent1fy1n~g, recruiting, hiring, and
promoting handicapped persons. ` `~
0. VisIt, at lea~ll annhsily eadh ~RegienaFOthne for t~ purpose of discussing
performance nn~der the ~Mbrmatite~ A~ti~i PthII ~Wit'h tl*e Regional Civil Rights
Director, and ibe Regi~nal staff ~nd.~also to raeet~ separ~te,iy and privately with
the Affirnntttve `Action ~ p~ it~vet `~xid Affirmati$ Action Advisory Corn-
ntlttee tadi~cii~s the Ofii'~O'~ ~afflr~natFft `action efforta,~gnd any other relevant
matters.
__ ~cAG~1 ~
2 AA Reps. 2 Ai\ R~ps. 2 M Rem. , 2 AA Rem. I
~ ~ANTAJ ~ ~NVERJ ~
2 AA Reps'. 2 AA RepS. 2 AA RepS. 2 Ai\ Reps. 2 AA Reps.
2. Ar iti~t~i~~vn Acz~N R~S1jB~I~ITY
PAGENO="0118"
114
7. Receive and approve the Affirmative Action ~Pro~raths developed by the
Headquarters and Regional Offices in conferipance with the guidelines outlined
in the Affirmative Action Plan.
8. Insure that the taking ?~ affirmative `action efforts will be considered as
one measure of performance in evaluating the work performance of supervisors
and managers.
Assj8tant director for administration ~nd mana9ement
The Assistant Director for Administration and Management shall:
1. Supervise the Equal Employment~Opportunlty Analysis Officer.
2. Keep the Director of OCR informed concerning preparation of plans, pro-
cedures, regulations, and reports pertaining tQ the general Equal Employment
~Opportunity and Affirmative Action policl&s' and programs of the Office for Civil
Rights.
3. Evaluate the progress of the total Equal Employment Opportunity and
Affirmative Action Plan.
4. Identify specific equal employment problems and assist in their resolution.
5. Insure the development and implementation of an effective OCR-wide Affirm-
~ative Action Plan.
~3. Submit progress and status reports to the Director of OCR.
~. J.3e responsible for the distribution of the national Affirmative Action Plan
`to all OCR employees and for the distribution of at least one copy of each of
the Regional Affirmative Action Programs and the Headquarters Affirmative
Action Program to ~he Headquarters and Regional Offices.
8. Summarize reports, findings,, conclusions, and recommendations, for sub-
mission upon request to interested individuals or groups.
Equal employment opportnnity analysis officer
The IDquäl Employment Opportunity Analysis Officer shall:
1. Keep the Assistant Director ,for Administration and Management in-
formed as to preparation `of plans, `pr~ocedures,' and reports ~pertaining to equal
employment opportunity.
* `2. Evaluate the Equal Employment Opportunity Program for all OCR offices;
identify areas where employment practices or employee training program may
be improved; make reports of findings and recommend improved procedures' and
corrective action to the: ASsistant Director for Administration and Management.
.:-3~ Insure the development andimplementatiOn of. effective Headquarters and
Regional Office goals and timetables and other necessary corrective actions for
identified deficiencies; submit progress and status reports to the Assistant Di-
rector for Administration and Management as require~.
4.' Pr~vide lnfOrm~tion' to ~Head~ua'rters and Regional Office pertain.ing to
all Federal equal émploymeñt opportunity rules `and regulation's.
5. Review and evaluate for `report to th& `Assistant Director fbr Administra-
tion and Management progress "in `the provision for supervisors of eourses' re-
quired by the Civil Service Commission In equal employment opportunity and
related subjects; al'~o, training `for'Affirmative Action Representatives to assure
their objective and accurate evaluation of equal employment opportunity ~~rogress
under the OCR Affirmative Action Plan.
"6. Schedule and prepare the agenda for any office wide meetings of the Affirma-
tive Action Representatives and Affirmative Action Advisory Committees.
`Directors of heatlqnarters' offices, d4vision' and regional offices
Heads of each administrative unit of the Office for Civil Rights shall:
1. Meet at least quarterly with the Affirmative Action Representatives and
Affirn'iätive `Action Advisory CommIttees to dIscuss progress under the,,A'ffirnia-
ttve Action Program, recent affirmative action efforts :and `any: problems' `that
may be arising. If the full staff of' the administratire unit' is not included in `the
quarterly meeting, written .miniitea of the meeting will" be prepared by the Af-
ftrrn'ative Action Representative or the Affirmative Action Advisory Committee
and distrIbuted to the staff of the admi'nistrative unit..' ~, ,,.
2 AdvIse an aggrieved employee concerning the right to utilize grievance or
EEO' complaint machinery, and of the right to have preSent `a representative of
the employee's `own choosing (staff member, attorney, labor union representa-
tive. ete~)' `at any"s1~age of'ñegotiation~:including conferences held prior to' com-
plaint cofnS'eiliff~;' ref5i' the ~g~tieved "employee t~. counselling; resources
available.
PAGENO="0119"
115
3. Insure that each staff
~ P~th~
and has access to a copy of the
Qffices~ and ~the I~eaUq.tiartei~s Offlc~; ê of ~he
of thc ?1oi~
and Programs and ans*er any ~ii~ht1Ons
~upervisoryst~ff
Sup~rvIsors shall:
1. Provide pe~'soi~nl leadersblp~ in ~ maintalntbg contlnuihg.
afflrmatii~e ~ctjQn to ac1~ieve equal e~flployrnent~oppoth4nity.
2r .~ aware of their responsibility for providing eq~ia)i~ en~ployment oppor-
tunities ~or all sta~ff mernbers~tudap~l1eants, S
3. Discuss with an employee any practice or occurrence the employee may con-
sider dis~criminatory. Indicate `to staff availability `4lad willingness to provide
assistance and information on such matters. S
Employees 5 5 ~S 5
Ihery employee ~hal1: S S S S
1. Provide ~,qua1t~ty of treatment and service in tb4ffic~iaI performance of duty
to all persons with ~ S S S `~
2. Erovkle assistance~ to `sflpervisor'S nnct nrahager~ in ca~i4~thig rut their ret-
sponsibilities i~a the, Equal Enipl*oytnent Qpportunity1~ogram. `* `~` .5
3. ~ol1ow pr~cQ~np~~1I1t procedureal (~ee Part 1i3~-j-~1O, subpa~t C) Whe* they
feel they have been discriminated `agdinst beca~t~ `of race, Color, religirni, sex,
national origin, physical handicap, age, marital statuslor pOlitical affiliation.
Selection of affirmative `~actioh repre$e~ttatiVe$/afJirniative action advisory corn-
inittee , S~ S~ 5 S `
General elections of Affirma~*ve Actlon~Representa1~ives shall be held every twó
years in June except for the next immediate elect~on which shall be held' on
J'ul~r Si, i97~, ~`here' shall be two Affirm~t1ve Aetloni Representatives elected In
each region a~d five Affirmative Action, R.epresentati$s in Headquarters. Candi-
date~, and voters may be. any OCR employees below th~e level ~of Branch Chief wha
do not h~ve ~Sag~~~al, administrative, or stiper~llsory `functions. Any plan
adopted by the Office for Civil Rights will. ivot run ~buater t~ local APGE :nego-
tinted agre~ments~ MlIrmative Action Representative~ shall be. elected for 2-year
terms. Notice of election's shall ~be given at least two~'weeka prior `to the' election'
which shall becalled `by' `the DirectOr and the RegI~nal"Dlrectors~ Speeial' elec-
`tiOns shall be `held as necessary to fill Affirmative Adtlon Representatives vaCan~
cics. Individuals selected in \gflch' elections shall con~pletC `the unexpired term of
`the Affirmative'Action'Representative whom the~r rcpl~ce~ ` ` ` S , S
~n addition . `to the Affirmative Action Represen*tlves, the Director or the
Regional Civil Rights Directors may appoint no mor~e than two persons to serve
as an `Affirmative Action A.dvi'sory Committee to fun~tion in the san~e.capa~~~ty as
the Affirmative Action Representatives. These individuals appointed may be, In
supervisory positions. , " ` S
After' election of new `Affirmative Action Represe4tatives aild appointment 5of
th~ Affirmative ~dvisory Committee's~ tlip Assistant ~lrOct'O1~ f Or `Administration
and Management `afid' I~egional' Civil R~hts Dire*tcrs shall' assure that the
RCfrcsentatives te~eivd adequate and equitable or~en~atIon. This orie$fttio1~, shall
take place within 30 days after election. Such orientil4tion Will also be ~ade~avall-
able to itiembers of Affirmative Action Advisory CQm~i1'ttees, if it is requested by'
the RegIonal CR Director or the Assistant D1ree~9r for ,Adt~iinittration and
Management. , ` S
Functions of tive Affir~ijmtive action representcttive,~~ajflrmative action advisorV
comnvittee ` S `
The Affirmative Action Representative/AffirinatieO Action Advisory Committees
shall `serve in an advisor~y capacity to the Director and the Regional Directca~s
concerning tbe~ Affirmatire Action I~rograths. Their ntles may hlelud'e~
1.. Assistance in fhe dCveloitinent of th&Ifea&iu'art r~ `and Regional Affirmative
Actions Programs and j~ the developthetit of the national' Affirmative Action
Plan. , ` ` `
~2.AsMst'aitcO in the development `of the *ork'fqr profile, utilization a~~lysj$
and other anolyses neCessary for the Amrinatlv~ Acti n Program
PAGENO="0120"
116
8. A~sistaneejn Ue eX~o~, go~aL~ ~n4 tthieta~les and other necessary
corrective a~tioriator i~1~ I~k4 ~*jei~çi4s.
4 Qbtain~ng znformaljon eonce~nnn~ possible sources fo~ recrui1li~ h4rlng
t1iYwa~t *O~)th~t~y, c~rçer e~ s4li~,, tJ~aiT4u~r and p~om~slthrn o~ person~ in all
jOb elaa~ifital~1On~ in order toqm~~~ ~es~r~i~ed g~als~
5. Reviewing and anaryz!n~ QCñ personnel data on a quar1~er~y basis to
ascertain areas of progress or lack of progress in the achieverneut of Affirmative
Action goals.
6. J~tscussing withi~he appr tat~iietor~the~11~s. oThneh ana1~si~, includ-
ing those items whidi slmpuJd~ he eláiriiired~ and aiay cI4sc~opa~ncies idk~ntltled.
7. B~eing~ n sp lb~~oir ~nø t i~g~ the implementation of training activities
prescribed in this Plan. Results shaU inc1w~tj' in~ the art~erl~ re.j~oi't.
3. : SI~t'IOI~ O5~ 1N~ORMA~Jyjk~
Materials concerning the Affirmative Action Plan which are requested by other
*than staff personnel shall be distributed in accordance with the provisions of the
Public Information Act of 1966, as amended.
* Copies o~ the liationsl Affirmalilve Aetloir Plan shall be distributedto each em-
ployee. Copies of the Headquarters Affirmative Aetion Program shall b~ dis-
tribied to all Headquarters staff and copies of each Regional Affirmative Action
Program shall be dlstribute~ to employees in the Region for which the Program
wa~ d~ve1eped. Each O~. e~npioyee shall have access to the Affirmative Action
1~rogr~m. of a~H the Regional and Headquarters Offices.
4. AFFIRMATIVE AcrIoN PROGE~M DSVKL0PiFENT
Each Regional Office and the Headquarters Office shall develop an Afflrmative
AetionPrograni Which conforms to the requirements of the National Affirmative
Action Plan and is acceptable to the Director of the Office for Civil Rights. The
program.of each Office shall. consist of 1) a series of statistical analyses which
sipalI:be the principle means of identifying practices which have hindered em-
pisynietit opportunities of minorities, women and handicapped. persons, and 2)
the steps which the Office will take to correct such practices. Such analyses shall
be. con~1ueted periodically (usually annually), and the corrective mOasures
i~pUo4ed to respond to; the current needs of each office. The anal~tses and eorrec-
ttve measures shall ata. minimum cover the following eight areas:
Utilization, recruitment, selection, promotion, trainifig, work assignments, sep~
aration,. and within grade increases.
In the following sections~ guidance. appears on the conduct of such analyses,
the identification of the factors which are likel~ to cause am adVerse impact, and
corrective measures including corrective measures which will be undertaken in
FY 197~f~r th~e~es~lution of.problems already identified.
A. Utilization analysis
* Definition: At a minimum, the utilization analysis shall consist of a comparison
of the percentage of minorities, women and handicapped persons. in the various
OCR job classifications with the percentage of minorities, women and handi-
capped persons in the relevant, external labor market and the identification, of
j;Qb .classUlcaticns where there is an underuti1~ization of one or more minoritjes~
women, or handicapped persons.
Level of Detail:. There will be a separate analysis for each relevant minority
~roup (Black, ~panis1i Spëal~ing, Native American, Asian American, Aleuts, and
Eskimos); women, and the handicapped. These analyses will be made quarterly.
Current OCR Posture: The 1974 statistics on OCR staff compiled by the Head-
qtlarters office aini. dated 1/20/75, while utirefined, explicitly show that there
is a significant under-representation of women at the upper grade levels. (The
proportional relationship of these statistics would not be significantly changed
witl~ refinement.) Although over half of OCR employees are women, only &5%
are at grades GS~-i3 and above, over 60% of OCR's women employees are in the
mainly~. non-professiunal levels of GS-1-8. Conversely, 57.3% of all male em-
ploye.es are at grades GS-13 and above~ with only 8.9% of the men working at
GS-1-8 levels.
The 197~ statistics also show that 63% of OCR employees are minority group
members, but only 15% represent the na~tiono~i origin minority groups which
have been officially identified as requiring specific program emphasis because of
PAGENO="0121"
I J~7
i*1~;u~ ta~ç~ç~ ~i*E~: ftth~a~ ~ i~er~ ~ O~i~ ~vic~es to the
desi~flate~L ~M~i S~a~th~ ~ A~e~iett~, ~ttd ~Mian 4p~u~i~n p~puia
t~kins ~ i~f~~ht~ ~iflttti'a~1 ~ñ~fti+i~t~ ~il~;t~, ~v~iie i~ot exciu-
give to, p~r~d~ipqte ~n. ~çn~ei~ of t~e~ ~qups. T~it~r~or~, tor ~E~Y i~6~ another
~iorfty o~f O~1~ ~ h~m~ti~e Mtlfln ~a~i would be f~c~ise~1 o~ zno~re equitable
I*-ftngirnl and ~bt-ci~itiir~F ~t*fr re~T enfation throix~ te~rtdt~uent Of S~an~sh
$peakin~ nerte~~, ~attv~ A~aerte~r~s~ ni~d Aslafi ;Am ~afis~ ~t all grade
1ei~~1~ as well as Afeuta ai~d 1~kitnos wfrere a~pto~r1ate.
Factors which may be identified a~ contrtbtftftig 1~o tl~l~ ~i~1a1~Xon ~re d~iscussed
Ic the folmwing sections.
ties of Ai~ai~rnt~s: ~t1~e tTtiii~ation An~lysts ~wtll ider~tify In bi~oad terms pos-
sible ~robmni arehs, and indieate'Where~ sp~a1 care th~~t be taten in the condurt
of th~ following ana1y~es.
PoeeThi~e rnJdiUiie Action: In most cases, the spec1~t1c nature of any affirma-
tive action Which must be taken to cç~rrect underutlft~atlon in a specific job
ciassitleation will ~lepend on the re~uit~ o~E tJ~e.fóUowhig a~ualyses. ~t a minimum,
for any job classification where there is unclerutilizat4on of minorities, women,
or han~Ucapped persons, goals and tiffietables based u~on labor force and avail-
a~ility data for the correetion of the underutillzation must b~ established.
B~ Reorv~itnient and seleOtio?,i ~jeis
The recruitment and selection analyses shall at a F minimum c~nsi~t of the
following
1~cernffinent DeyTh~itton: Comparison and % minorlQLtes, handtcapped persons,
and Women itl poe1 of persons b~lng considered for a position (i'.e;, persons recruit-
mont plus pei~sdns~ wbo applied inctepend~ntIy) witji % minorities, women,
and. handicapped persons In the relevant external labfr market.
Leecf of 1~e'tai~: For each racia1~etllnic, sex, or' ha~idlcap eatego~y, for each
job ciassifjea~ion' where a new hire has been mado du~~ing a specified period of
thue (`~e.g~, quarterly).
Selection Definition: Comparison of % minorities, ~om,en, and' handic~pped
persons selected for `a type of position With % oi~ mino~ritfes, woffien, and handi-
capped persons in pool of persons bring considered for ~uch positions (may over-
lap with Prouiqtion Analysis d,epen4ing on nature of `~applicant" pool)'.
J~evei of `Detail: F~r each i~acià1Iet~hnic, hahdicap, s1n~ Sex ca'tegory, for each
job classification i~ihere' a new hire(s) `h.as been mad~ dti~ing. a specific period
o1~ time (e.g., quarterly).
For every situatiøn where the stat1sti~al analysis ~ndi'cate5 that minorities,
women and. bo~ndicapj~ed per~ons have, beeii recruited alt a rate lower than would
be expected' by their represent~tiOn in the' external la~ior force or the applicant
ppol,. thp i~e1evant Qmn~e is responsible for conducting a* in-dCpth analysis for the
p,urpose of ide~ttify$i~g the cau~e~ o~ the 17o,wer rate. `A~firma\tive ~ction Item #2
oiftli,nes faëtors ~hl~h, piay be i~entZflCd as cofttrtb~rtiii~ to `the underutilization of
minorities, women, and handicapped persons; the o~cia1 responsible for their
correction, ~ud tl~ target date for the corrective action.
The Ofilce for Civil, Rights has the prii~cipai responsibility for ~ondu'cting com-
pj~ebeusive and `sustained recruitment programs designed, to fittract talent for its
staff. (FP1VL. Chapter 331', Sub-chapter I, p. 331-3) In ~rder to fulfill this obliga-
tion, OCR recruitment, efforts shafl be cond,ucted ácco~rding to the requirements
of the Civil Service Comniission~s and, the Depart~~ent's equal opportunity
policies. I'i addition, OC~ will attempt to broaden tb~ pool Of applicants avail-
able so. that it is reftective of the availability statisilics, for th~ nation and by
region. For the fiscal year 1976, OCR's effOrts will beFfocused on correcting any
clispropertioc,ate representation of women and minor4ties on it~ staff. An addi-
tional. priority will be to attempt to increase the numbe of handicapped personnel
in QOR.
Some of the specific corrective measures will be mdi ated by the results of the
recruitment, and selection an~lyses. M~ ~ winimuui, in order to expedite the con-
duct of the analyses and to start the' iruplementatiOii of Affirmative Action for
recruitipent in FY, 1976,. the Re~dqu~rters and Regi nal Offlees must take the
actions shown ~n Chart II by the indicated, dates.
U. Promotion analyeis and. performance s'val~uations
Deflrition: At a minimum, tlie promotion analysis sh .11 consist of a comparison
of percentage mineritirs, woipep,~ and handicapped p rs~ns promoted with per-
centage of minorities, women, dfld' handlkanpped eligit ~for promotion.
60-197-75-9
PAGENO="0122"
kitS
Leve' of Detail: For each. racialJethnic, han~jcitp, iuid se~..çategory,, fqi~,.et~c~i
job classification where pro~otio~is have Qecurred during a speçlfted ~perio~i of
time' (e.g.; ~uárteriy)~ (May overlap with Selection Analysis d~penc1i~ig.'OA natnre
applicant" p®l)
]ror every sltuatloii where the sti~tistical analysis indicates that minorities
women, and 1iaudlcappe~l persops have been prqmote~ at a rate lower ~1ian~wouid
be expected by' ~their `rejirésentation in the group of eligibles, the r~ieva~it. ~11je
is responsible for conducting an indepth' analysis for the purpOse of i4éhtify'ing
the cause, of the lower rate of promotion.
Affirmative Action: The prëcisè `nature of' the affirmative. action necessary
to correct problems an the promotion of minorities women and bantheapped
1)ersons will depend on ~the results of. the analyses. On `the basis of the, ;[n-
formation already available, however,' at' a minimum, the acttoi~s listed ~on
4ctian Item No. 3 and Ibe following text, must be tak~n to lmpi~~ve the. Office
for Civil ~LUgbts' promotion and performance evaluatIon procedures.,
Addit'io~aai' faotors ôhicli might oontrllntt'e to adverse impact on prOmotion
decisions . ,
1. PrOmotional opportunities for minorities .and women at the G~-13 `level
and above have been limited by past OCR practices of recruitment `and selection
from outside OCR rather than from promotion from withln~ ` .
2. Persons . without appropriate background and/or experience are being
qualified as' Equal Opportunity ~pecia1ists at `the GS-12 level and above.
3. Employees .~are not aware of the various positions in QCR., in the Region
~a~ncl nationally, nor the qualifications required t~ fill each, po~itioa and are
`not informed of the existence. of the'.. "Open Continuous' AnnounCement" re~
~quirements of the DREW Merit Promotion Prograqi for GS-14 and 05-15 ~osi~
tlons, or are not. advised of their rights t~ apply `for vacancie~ acrOss divi-
`sional or branch lines. .
4. " Failure to circulate vacancy announcements `on the opening date' of the
announcement. . . ` `
5. 1~kilure to explain to employees the selection panel procedure being used
`In OCR to select Supervisory Equal Opportunity Specialists and Senior Equal
Opportunity Specialists. . ..
Promotion standards: All promotions in. the Office for Civil Rights will be
`based on merit and will conform to the. flEEW Merit Promotjon Program as
required by the DtIEW and Federal Personnel Manual Chapter 335. Perform-
ance standards shall be developed for each position, and, grade 1~i each Region,
`Division, , and office and shall be applied equitably throughout the ,aforemen-
`tioned unIts. These standards and the Civil' Service Commission's Regulations
shall be the basis for determining eligibility for promotions.
The~e ~are tw~ types of ~promotions covered by this policy; namely,' (1) Com-
petitive Promotions (Le., promotions to fill' vacant positions), and `(2) Career-
`Promotions (Le., promotions within career-ladder positlons to reflect growth
`in competence and responsibility). ` . . ` ` ,
Career Promotions: Career ladder positions include Equal' Opportunity'
~Specialists GS-160/5 through 12'; trainee positions through 05-7,' clerical `posi~
`tions through 05-4/5 in the Regions and GS-5/6 in Headquarters; and all'
other positions, not Equal Opportunity Specialists, , which are professional or
para j~rofessmnal OCR enployees hired in career ladder po~itiOns should b~
,givO'ñ. grade~buiidiñg e*pei~ence. Promotion decisions through~ the frrádës to
the full `performance (journeyman) level ~hou1d be "based' on.' assessment of
`the employee's ability .to meet Career, Service requirements and potential tO
perform'at'the next higher level. . ` ` , ,
COmpetitive Promotions: All career `positionS at the GS-18 level and above'
`shall be filled through competitive promotion procedures unless covered by the'
TFederal, Personnel 1V~anual Chapter 335, Secti'on, 4-~3 (Merit, Promotions rts
~ceptions to Competiti'i~e Procedures). The review of promotions at this level shOuld
fpllow the Etuluation Procedures' outlined. In Federal and Department `of health,
`]~cJucation, `and Welfai~e persOnnel manuals. Au exceptions to the competitivO pro-
motion procedñres must'be' reviewed by the Assistant DIrector for Administration
and Management to insure that they do not circumvent the competitive promotion
requirements. Competitive promotionS procedures `apply in the following situa-
tions: . , ,.
.~l. GS-13 and above positions .in the Office for Civil Rights. ,`
2. New positions for which there is no,careCr-la~der., .` ` `,` ,
PAGENO="0123"
3. Scti~n.~yt~4flS~fer.Or ~ ~ ~ .~ ~ ~ ~ ~
~ Se~ect1Qr~ br po~tiqns ~vrt~1~1kuowfl pro~notioi~ ~ote~itiaJ~,
QCR~wiUe area o1~ coiis~deratio~ will b~ e~tab1Is~iedJfQI~ pQsitions at G~-14
With respect to any faet~r which is 4~termined ~o b~ ~onti~ibut1ng to tIi~ ~4yerse
1~tp~ct ot promotion de~isioflS on miflQ~t1eS and wome~n speethc afflrm~tiye action
iau~t~ be pi~oposed to eliminate such adverse i~iipact~ ç~s, quickly a~ pos~1b1~. ~ ~
Procedures ~or Eva~1~atwn for Oc&reer La~4er Fron~otwn~$ In order to p~vide
a~ nondiscriminatory system for the evaluation o~ ca~eer-1add~r ~ro~otiQI~$, the
follo~ing proëedui~es will be followed:
1. The supervisor, will at the initial orientation se~sion,, advise each employee
of theperformanCe standards for the particular posi~tion and grfLde, and evaitta-
thai procedures ~ caree~4ad4er prqlpptiolis., ~Tmplq$ee performance shall, there-
after, be discuss~d s~t r~gular ~ntervals. . 0
`2. Th~ su~ervisor will evalu~tè new en~ployees at ~he ~nd of nine months, and
other employees 9P days prior to their lega~l e1igfbili~y date. In ~ writtex~ report,
the supervisor shall indicate that the employee ha~: ~(a) ~cb~eved a satls~actory
:i~l,~f compet~ncein accordanpe with the perfOrn~4nce standards for tue posi-
tioñ and grade~ The report ~ha1i iiiclude, a, ~t~t~nent3 of the e~nployee'spoteI4ia1
for jr~motion, (b) Not achieved a sat1st~ctory level of ~ompetence in accordance
with the performance standard~ for the position ~nd grade ~nd Includes the
following:
Show specifically how the ~n~p~oyee f~tJecl to I~etItlle performance standai~ds.
i~de~ittfy the area and degree of improvemerht need~d to satisfy the performance
standards.
indicate the assistance to be. prorided, by; n~1auagerner~t to help the employee
improve performance. 0 0 0 . 0
The supervisor, shall discuss the em~~loyee's. parf~rmance during this period,
0 and, if indicated, ~ny achj,jti~n~l tr~inlng needed, a4cl shall issue a.sec9nd writ-
t~n ,~,alnatiQn.' . 0 0 0
~upervisory ~2vaZuations: As prescribed t~y the ~Federai 1~er.~onnet ~M'anuaZ,
V-specific and practIcal training to instruct and advi~e supervisors and managèrs.,
on carrying out their equal employment opportun1~ty ~espo~sibilities has been.
nlandi~ted in the training section. ~E~cT~ supervisor ivill be eval~iated on his/her
managerial performance In EIJO as well as other crit~ria. . 0
1). ~rainSn~ and i~,ork assignment anct~y$i$ . 0 ,
Definition of ~ Ana~Zy$is': Qualitative asse~sment of each training pro-
grain toward career development (positive, nega~ive, neutral) and for each
training program a comparison of the %. of minorities, women, and handicapped
persons ,partiëipatiflg with % of minorities, wome~i, and handicapped persons
ip OCR for whom each. ~uch t~alning peo~r~m wopid ~~`appeopri~t~.,
Lev~Z. `o~f D.etaii; For each program/activity cOiid4~cted over a. specified' period
of time, a determination of the. qualitative impajt on' career d~velopment of
each such program and a comparison by relevantj job classification and orga-
nizational units by race/ethnic, handicap, and sex ~ategory or the % of women,
minorities, and handicapped persons participatIng~ in such training program!
activity with the % of miporiti~s,. and women, ajnd handicapped persons for
whpm such training would be relevant. . , , 4 , , 0 , ` `
Definition of Work Assignment Analysis: Qualit~ttive assessment of type and,
nature ôt work aSs~gnments to `staff and, where .co~nplaints have been received,
a comparison of the type and `nature, of work assi~gnnient to the racial/ethnic,'
~ij~pd~pped, or sex group. oil the complainant, with~those of the type and nature
of' work assignmetits~to the `remainder of the staff f the administrative unit.
Level of 1)etaii: For work assignments over a sp cified period of time, `a deter-
inination of the qualitative impact of the nature a d type of work `as~ignments
and, where' complaints' have .been'~received, a comup rison by relevant job classi-
fication by racial/ethnic, handicapped, and sex cat gory of the `nature and typ~
of work a'ssignments~ ` ` ` `
~Fhe training `analysis sbail~also ~include a stat stical analysis, prepared by
the' Assistamht Director' for `Administration and Ma agement, showing the name,
race/ethnic group, sex, grade, positjon,. branch or filce of `those participating in
at least the f~ilowi.ng trainingprograrfls :
OCR~conducted Program Trainlng,,Worker Praning Opportunities, ~`ederal
Junior,Fellowships~ Coop High Schools Secretaria Program; Upward Mobility,'
Stride', Access, and Start., " . ` , 0
In addition, the same lnforn~ation' on persons f r whom such training would
be appropriate and who are eligible fort'~e'training,, ` ` , ` ` `
~ `~ `,`~ ~ ~ , ~ ` 01. ``0,,", `,,, . ~ ` ` ~:
PAGENO="0124"
T20
For every sttirnt!on whiere the ánaiys~s hrdtc'ates a signi1~eant ~ifl~e~ence in
the qi~aUty and usefu1ne~s of th~ training opportun1ti~s ~br th~ eareer adyance-
ment ~f mh~er!ttes, women, ait~ hai~dicapped p'emorrs, the rei~a~nt offi~ is re-
sponsibie ~or eo~rdiieting an ana1~si~ fOr the rp~ei~ ~f f~éni~iki!~1~ng th~e eanee of
the~ ~tffer~uce~ ~imi1arIy, for every si~tirntlon wiTere the ai~al~sis indicates a sig-
ni~1cant dl~erenxs~ in the qnai~ity & work asSignments, par11~Wari~ as they" relate
to ~reparfng a prrs~n for mnre resporsible wnrk, the r~1e~aat office i~ res~onsible
for Co tfr~g~ the analysis for the ymrpos~ of fdenf1f~ing th~e ~anse of the-
difference.
Afftrn~tive Act~: The preeise nature-of the affFi~niafive acf}oi~ iiseded to~ coy-
reet problems, in the training o~pnrtunitien and work assi~isnien1~s afforded
in~Pities; womeit, aiM ha~4i~ap~ped~ persons will ~¼~pend on fite res~lls of the
analysis; On the l~a~is of the information airriady arálI!a~le,fro*e,er, at a mini-
m~nrr, thn actions liste} hi ~)hart IV and the following text must be ta4~et~ to im-
pro'va the O1lk~e fo~t (Jlvi~l Eigfrts' tra4~uing and work aiMgnm~t procethi~res.
The (}flIce fbrOj~4l l~ighth is committed to pro~ide wlratev~r training is nec-
essary to develop the skills, knowledge, and abilitIes that will best pxalify em-
ployees for the perforfnanee o~ o~ie1aI duties~ Sfleee~sfri1 train*ig programs will
lead to inrpro~id public ser~ieeby the agency and serve to build a eadee of skil4ed
and e1~lent employees well aI~reast of scientific, professionai, tcchnical~ arid
management developments both in and out of government.
To assure fair and e~piit'able treatment of emplo~ees with respect to training, a
C~rner Development Plan shorihd be established for each employee. OCII manage-
ment is committed to fully support the fulfillment of the plans by providing the
reqnirecf resources arid thrie for training. ProriMoris for this training shall be
included as part of each Annual Enforcement Plan.
Traimng efferts will be partZelXlaTlv noted n~ woricforce ntiliration studp~s
with teg4~d.'t& inhiorities and~wo~nen-~ A pt4~rrcij~a1 objé~ctlve `ot1~he Aft~rmati+e
Action Prqgram, in. order to overcomç~ Ueficiencies identified in. the utilization
studies, shall be goal-oriented trairdng~ foe rapid progress through career-ladder
pOMtieiel and to assure appropriate represeuth tion of minorities and women at
senior levels to compete for higher level OCR positions.
- The 1!)irccl4or of OCR delegates to the Assistant Z~ireetor for 4~dministrati'on'
and Management and/or Directors of offices, dDisforis, and regions the following'
basic responsibilities. (While the responsibilities below are bigfr~ighted, they are
nOt all inclusive- and are. not Intended to contradict ~PM requirements pertinent
thereto.):
1~ E~nt 4~n~ent' `of Career Developnsent Plans: There' shall be a `career devel-
opment.' plan for each OCR employee, prepared in the fbliowing manner:
A needs assesamént leading to a ~areer `development plan for each employee
will be made hi corijririetion with the emphvyee~ Such needs' assessments will cover
both training eoud~ete& by OC1~ with respect to its oWn pro'gthms (Such as the
evaluatIon of affirmative action' programs) and' training conducted by other orga-
njsations; such as the Civil Service ~onimission.
Ehch employee and supervisor should meet with the Training Officer and/or
career counselor to prepare a career d'eseioprnent plan.
Career. development' plans will be reviewed at leant once each year for' all
enipl'oyees.
`~For new employees, the career development plans Should be completed within'
the' first ~0 days:
A primary consideration in estabhishftig' a career development plan for senior'
level employees (grades 18 and above) will be the' provision ç~f' a training plan
which will' have as its objective a pool of highly qituhified' ~CR employees to corn-
pete-for high level OCR positIons.
2~ J3J~tab'Ushment of Oriteriq for Approval of T~ainffig: Currently, `Directors of
Offices, Division Dtreetors~ and Regional Civil Rights Threctoes have unilaterally
established his/her written standards for approving or denying re~'nesied trixininc.
Iri order to provide' uniformity throughout OCR. the AssIstant Director for Ad-
ministration and Management will develop a pamphlet or "handout" Which will
be made available to each OOE employee for' rise as a yardstick when requesting
certain training. (PPM Chapter 410, Section 8-6.) When an employee requests vja
a completed' 1T~W 3~0 that career development training' be approved, and if such
request is denied by the immediate supervisor and/or revieWer, the o~cia1 (s)
denying the request will provide to the employee, ,by typed memorand'um; the
basis and rationale ~or such denial: An employee can appeal' a denial of a training
request via typed memorandum. `through the first line superrisor to the Director
PAGENO="0125"
121
~ ~ ~ Q~~w~tJ~ft ~c~py~ to~j~1:4e ~sist~r~Direetor fDr 44i~In-
i~t~átfoii tttiii ~ rj~ ~ ~ ~ sfl~h t~j~a~1
and, by tyj~èd methdrid~th,~1~th~ M~nthkh the 1è~c~i~ d1~ioix br v~i~ `it. Th4-
qüests~for ti~iin~h~t11 be subi~ifted at~ 1~u~1~i~ wo~1*~g~4u~ ~
~ j~~o 0 ~. ~ a~UL4es 1~oi~ JeE~u~1W ~eç t içP~.$i~b~ i.m-
mediate'y seat to ti~e j~tant i~e~to~ ~ A4m i~t~atiQR ~L~id ~agox~re~i~t.
Tbe A~ist~uit Dhj~oetoir ~oj~ ~d tr~tio~ au4 ~ ag~nent slfl insura tbe
implementation of a parallel policy training request41~cu~ Ueadqua~ters' stafl and
the appeal Q~ t~atuing request ~l~nials shaU be~ent toi~ the Direçtoi~ of Ø~es
flfl(~j ~)jlri~ofl~ to hlinil
~ D~oi~, DM~tsion Di~ecto~s or Regional Civil Rl~1it~ Threetor~ *111
assure that au N~re41 n0tAV~OatiQfl~ I~O a~ a~ c~omi~iet~4 ~~ov to the
uoUiinat}on ~ea~1t~ Gr~ i~llia~ I)Ct~0!~ oi~ OWc~ ~
as~ur~ that ~ozi~e~r4s ~e~ar~i~g aLl ap iing w~ and, e~jecu4l)T
thinials o~ t i~ih~:~equesth~ tise maintained for revi~w by tlao Assistant PLreCto~
i~or Athni istration and ~iag'~nt at ~io~ic in~ervw1s~ in QI~4er that the re~
quired ~valuatton of OCR's Training i~rograin can be made. (Chapter 4* eec-
tlon&~-8.)
3. Establ'ishment of appropvkt~e ij4m~n~tr~tMe v94tro~,9 de$lg~$ to ei'aiuate
and promote tke~ ~i~s$veae~ of trq4niag~ In ad4~U~ t~ t~iie ~4zz~L i~tra~ive con-
trols of training mention~d~,b~ve, nee~ear~y statj*~4I.l dwta will be eq1le~ted,
maintained azid an~J~y~zeU to~4eterm1ne the~effoct1vep~ess of~ traiAlZlg approved for
minority groups and women in all organi~atioua1 anc~ geographic areas. Narr~tLve
and data reperlws ci torellect h*e~s~ traini~g P$~ramS have been operated
jn OCR lie 4uairtera and ~egLon~, will be se~w~e4 ~roai Dij~eçtors oi 0~ees~n~1
Divisions/tflrectors (Regional OCR) on a seml-annnal basis. Necessary mothfica-
tion in existlngfinancial allocations for training shall be expeditiously made by
the AssistantDirector for Administration and-Management based upon his-review
and evaluation of OCR's training programs.
4. Assignment of Work a~ a Means of Training: Tra~ining Is not limited to formal
training programs~ but includes the training received in the course of carrying out
regular work assignments. Supervisors are responsible for making work assign-
ments which will enhance the professional growth a~id career advancement of all
employees, and providing them with supervisory ~upport and guidance which
will assist them to complete their work assignments ~uccessfully. Supervisors are
responsible for assuring that when employees are bejng considered for promotion
or transfer, all eligible employees have had an equa~ opportunity to perform the
type of tasks which are considered In weighing the relative performance of the.
employees under consideration.
5. Equal Employment Opportunity Training for supervisors and Main.agers:
The Assistant Director for Administration and Mi~nagement is responsible for
providing Equal Employment Opportunity training f~r supervisors and managers.
Specifically, there shall be:
Equal Employment Opportunity coverage in format supervisory and managerial
training courses.
Specific and practical training to Instruct and adv~se supervisors and managers
on carrying out their eqttal employment opportunity ifesponsibilities.
Realistic and fair criteria for evaluating supervis4~ry and managerial perform-
ance in the area of Equal Employment Opportunity.
E. &~paration analysts
Definition: Comparison of the % of minorities, ~omen, and handicapped per-
sons a) voluntarily and b) involuntarily terminating employment at OCR with
% of minorities, women, and handicapped persons ~n the office's workforce.
Level of Detail: For each racial/ethnic, handicapped, and sex category, for
each job classification where a voluntary or involuntary separatioa has occurred
during a specified period of time, e.g., quarterly).
For every situation where the statistical analy s indicates that minorities,
women, and handicapped persons have voluntaril or involuntarily separated
from the Office for Ciyil Rights at a rate higher tha would be expected by their
representation in their job classification, the réle ant office Is responsible for
conducting an analysis for the purpose of identifyin the cause of the higher rate
of separation.
Affirmative Action: The Office for Civil Rights I committed to assuring that
discrimatory factors do not contribute to either the ~oluntary or involuntary sep-
aration of employees from the staff of the Office for Civil Rights. When a factor
PAGENO="0126"
i~ ~eIfled;~tIi~ ~nsij~i~ o~thc1ai mtist pro.
pose t~tie specifle coip~se of ae~o~ to be ~ôUowed to corr~t the stt~ja~1on~
~F.W4tMn9riz4e 8faat~y'inereaso~anazys~s~
Defl4iitt~m Coiiiparjeon of the % r~flior1t1eS wOmet~, and handicapped persons
who are ~) awar.~led quality step increa~ès orb) denied~regiilaF Withih g~ad~ Step
1wlth increases with t~ie % of minorities women and ~iandicapped persons In the
a~cpi~riate oi~gani~at{on unit
~LO~ë1 of Dekrtl: F~r~eaèh racial/ethnic, handicap, and sex c~tegory in ~cb á~-
propriate organization~iJ unit during a specified ~er1od of tithe (e g quartetty)
FO~' evety situation where the statl~tical analysis~th~d~cates that~rnttiorities,
~~Othèn, and tiandfcapped pèrso1~s are treated les~ favorablyin the award of within
grade Sala~y1i~créases,~ the rele%'ânt office f~ responsible fol" ~Ondncting the ana'l~
3Tsf~ f9r~tbe `~11rpose of Ideiftifying the citn~e of the unfavOrabletreatthent.
Afftrmdtive 4~ctio*: The Office for Civil RlghtsIs committed to awa~ding withfti
gr~tde salary iÜcre~~es in a manner which equitably recognizeS the work perfórm~
ance of ehch employee and assures that eAch ernployoe~ has th~ opportunity to
perform according to the~ person's hjgjiest leve~ of ability. The following is a list
of factors which might contrO~te to an adverse imp5et
~a~lure to consider al~ persons when ~awarding quality 1ncrease~
F~ai1ure to apply the shine standards tQ all employees
* Fallüré to establish revieW procedures which assure uniformity throughout
OCR. , `
When a taetor eor~tributflig to an athre~se impact is identified? the resp&nsibje
official must folloW the specrfie coitrse of action prescribed to correct the situatiox~.
`S *.~S *`:~,
PAGENO="0127"
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PAGENO="0128"
OF~1CE FOR CIVIL RIGHTS AF~1RMATIVt AcTION ITEMS FOR FISCAL YEAR 19J6-Continued
I II. Special aWention should be paid to opportüni-
ties for Spanish speaking in MitiIevel and
Senior-level training opporttinities and
special assignments.
IV. There is a lack of information regarding quali-
fied Native Americans, Asian Americans,
Aleuts and Eskimos for OCR general ser-
vice positions.
Action item No. 3--Full utilization of the present
skills ofernpkiyeor:
I. O(~R l5cks adequate afondanda tOT pertOrm~
aiice anti promotion:
A. Tbe~O1lice for Civil Rights has, cur-
really, no job performance standa1d~
developed to ensurti fiat anti obier-
five avail uations.
B. Emplqyees are not well informed re-
garding promotion potential and
evaluation procedures.
U. OCR's mission is such that it should be es-
pecially aware of the existence of language
and cultural barriers in the employment
process.
Accomplishment
Current situation and/or problem Actions Responsible office(s) Target date(s) date and result
A. Assess bilingual and bicultairal elements in pro- OCR Spanish speaking coordinator Uct. 1, 1975
grammatic ffletiona to determine any
specialiaed~ needs in OCR recruiting add
B. Selec~offlctals must be made knowledgeable OCR Spanish speaking coordinators civil rights Begin Sept. 1, 1975..
eaincerningtheuse of bilingual and bicailturel director of regions, divisions and offices.
e~pnceand~backgrountitoserec( Spanish
speaking Americans~ Toy jositions dealing
With specialty mandated services to their -.
own population.
Contac~ with persOnnel efflcecs,and coordinators OCR Spanish speaking coordinator with regional July 1, 1975
for OPT management inlam, HEW fellows, clvii rights d$uty dIretlo~s Or regional civil
anti thai Spanish speakingwilt furnish back- rights athisiflistratlee offl~ers.
ground information regarding participation of
Spanish ipeaking in training and similar pro-
grams which pioliide OpportOnities for recruit-
ment. and.advaflcement
Research to obtain dbta~regardinggengtaphic to- OCR equal employment opportunity analysis of- Oct. 1, 1975
cati~t, latior force~availabuIity, arid ~ttSIiiIcattons fltet. Affirmative action representatives.
of national origin minOrltiesintbetinitedStates,
otherttiainSpanisfrspeailcing.
1. New employees, at their initial orientationses- AN supervi~rs and managers with supervisory Se~it. 3t) 1975~ anti
- sloe. oiemployees who within 6 months will responsibilities, continuing.
rairich thetegalellgibIIit~ date for prontotlon
will be advised fair petfaifinence standattii
and proceduresfor evaluatiOn.
2. Analyze present position descriptions of all job Assistant djrector (administration and manage- Mar. 31, 1976
sejies in the Office for Civil Rights. ment) regional civil rights administrative officers
3. Revi~ew criteria for and develop performance with personnel officers.
standards for each division and office in head-
q~arters and the regions. These standards
wjll be develOped for all career service po-
sitions at grades GS 1 to 15.
Distribute reyjsed performapce a~andardsthrough- Assistant ~4jre~ctor (administration and manage- Apr. 1, 1976
out Offices in headquarters anrithe regions, and meat) regional civil rights directors.
ciscuiate~uecessaimcommentsonthese revisEon~~
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PAGENO="0129"
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PAGENO="0130"
Ô~ICE FOR ~1V~LIJtIGHT~ AI~ñRMATIVE ACTION ITEMS ~ÔR ñSCAL YEAR 1976-Ôontinued
.
Current situation and/or problem Actions
.
Responsible office(s)
Accomplishment
Target-date(s)5.~~ dateand result
C. Opportunity to i~nprove ratings....__
(1) The employee who receives an un-
satisfactory rating will be given - `5' - - - 55 S
three,months ~nwhich to improve.
(2) At theshdof-tlte ~monIh period, the
* folloWing stepswill beta~et~: -
(a) The employee will. be evala -
*ated in the lightof the deli-
ciency. notificaUon received
S - 3 mo prior. -`
(b) A written evaluation will note
the~ emplOyee's. perform~
* S ance. during the 3 mo-pe-.
* S S `. nod andwi1l.i~1entify a~Idi- *- *. S 5 .. -. S -
S ., *. tional impr-nvementnéenled, S S S
- *. if appropriate. In such S
event additional resources
availa~de shOuld be ident?
* ified. - S S S ** S S S Sf
0. In the case of an employee who has met all -~ ._
S S requirements for improved lierformance, S S S
S aprojected promotion date will be indicated. :-`- : * S
S S E. An erqp oyee who remains dissatisfied with an OCREEO Analysis Officer-affirmative actiOn xepre~ Ongoing
evaluation, after all prescribed steps have sentative, all suparvisors._,;
S been taken, shall be referred for appropniale S
S - review of the gnievanes~nd-counaeling by a
S ** S , personnel or -EEO counselor~
Action item No. 4---Opportunities for enhancing em-
ployees skills in order to. perform at their highest
potential and advance-in accordance with `abilities in -
light of available opportunity (upwar4 mobility): S S
I There is a lack of overall trpinin~ needs as A Tfaining needs asses~mentw,lt be madefor the Civ I eights directors of regions divisions and July 1 1~75
seesment for Office for Civil Rights em- purpose of developing a career plan for each offices. Affirmative action representatives re-
ployees in headquarters ~nd each of the employee~ Employees must be iqvolved in gional civil rights trainingcoordinators.
10 regional offices. * * inakiagthis-assessment. -.
-" B. All career development plans will be reviewed
* , .-. * atleast once.each year.
C.~ Career development plansfor all new employ-
- ebs will be completedwithin the 1st-9~ days
* - - - * -- , oftheirservice. , - -- - - - - * - 5 - * - S - * * "~
PAGENO="0131"
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PAGENO="0132"
OFFICE FO1~ ~CIvTL `RFGHTS A~FHIMATP~E `A~CTtON ITEMS `FOER' F1StAL YEAR 197'6-~ontinued
Accomplishment
Current situation and/or problem Actions Responsible office(s) Target da~e(s). date and result
A. Reviels of Spanish speaking employment Assistant ~irectqr ~admipistration `and n~a~iag~. Ja,q.,»= 1'97~. ~p'r. `1,
situations should be macFe In OCR head~ ment). Regional civil rights directors. Regional 197g.
quarters and regions sa as toassure appro- civil rights deputy directors or administrative
priate representation of Spanish speaking olficérs.
among employeep.
B. Train supervisors concerning cultural factors, OCR Spanish speaking coordinator. Regional civil July 31, 1976
how to obtain and rate personnel to1 assist rights tta~ning coordinators.. Personnel qfficers,
with progiams focused on the Spanish
speatiIng community, and any other areas
of equal employment ~pportuñity pertinent
`to thaSpanish speaking.
The same kind of training should also be pro. EEO officers, Personnel ~ffiçeis. Regional civil July 31, 1976
vided managers and supervisors concernIng rights training coordinators.
the other national origin minorities: Native
Americans, Asian Americans, Aleuts and
Eskimos.
A. Provide information, when requested to do so, OCR representatives in appiopriaté Situations July `1, 1975 and
aioout appropriate DlWW or Civil Service ongoing.
Commissiow contact points regarding pro-
cedures for applying for certification, and
processing as job applicants.
B. It is particularly important that these activities
be directed towardthose groups represent-
ing national origin minorities: Spanish
speakjng, ~lative American, Asiah American
and wherever appropriate Aleuts anc~'
Eskimos.
Action item No. 7-System for internal program evalua-
tion and periodic progress reports to agency directors
and to the Civil Service Commission. ` ` ` ` ` `
1. Periodic assessment of achievement of objec- A. l~athei- data from all regions and headquarters Assistant director (administration and manage- Quarterly be~nning:
trees of the Office for Civil Rights affirmative rehiring promotions trailing, separations ment) Oct 1 1975~
action plan is required by mandates under and all other areas covered fn'the affirmative Jan, 2, 1~76,
E.O. 11478 and the Equal Opportunity Act of action plan. ` Apt, ~ -`
1972. (See FRM. letter 713-22 and the depart- ` ` ` July 1, 1916.
mental djre~tives issued in `accordance , B. Analyze all data submitted to the assistant Equal employment opportunity analysis officer - - - Quarterlyl'bi&
therewith) dire br (administration and management)
III. The Spanish speaking program has not been
brought to the attention of supervisors,
managers, and employees sufficiently to
impress upon them the importance of
appropriate recruitment and employment
procedures.
IV. Special efforts must be made to overcome the
effects of the ladk of information provided
supervisors concerning other National
Origin minority groups.
Action item No. `6-'-1~artIcipation in community efforts
to improve conditions which affect employability in
the Federal Government:
V. Information is needed regarding Civil Service
procedures. Local community as well as some
nitional organizations, including those whose
members are women and/or minorities, edu-
cational institutions, and professional as-
soCiations may well provide applicants from
urnderrepresented groups. However, manydo
not have the necessary information to refer
individuals wishing to apply for Federal
employment.
PAGENO="0133"
t~ determine improvement in OCR personnel
pattern~ and evaluate progress toward
achievement of the affirmative action plan
objectives. Restructure priorities or recom-
mend new objectives as necessary.
C. Maintain and submit to affirmative action plan- Regional civil rights deputy directors or regional Quarterly Ibid
ning representatives data by sex race/ethnic administrajive officers. Directors, headquarters
origin in each branch including: 1. em- offices and divisions.
ployees on payroll, 2. employees terminated,
3. new hires, 4. promotions.
D. Work witJ~ equal employment opportunity OCR affirmative action representatives Quarterly Ibid
- (analysis) Officers to obtain appli?ant flaw -
data through personnel offices, and complete -
status report.
E. Sulenlit completed status report to assistant Directors crfOCR regions divisions and offices Quarterly~-
director (administration and management).
11. OCRniedsto maintain uniform training records-A. Narrative and data reports sufficient to reflect Civil rights directors of regions, divisions, and Quarterly beginning
iincegio.ns and in headquarters in order to how training programs have been operated offices. Oct. 1, 1975.
evaluate the effectiveness of approved inheadquarters andsegion? will be obtained
training, from directors of ~regions, divisions and
offices.
B Directors of regions divisions and offices will Civil rights directors of regions divisions and Immediately
assure that complete records regarding offices.
approved training and, specifically, denials
of training requestsare maintained for re-
view by the assistant director (administra-
tion and management).
C. Necessary statistical data will be collected, Assistant director (administration and manage- Quarjerly beginning
maintained, and analyzed to determine the merit). Oct. 1, 1975.
effectiveness of training with particular
attention to the progress of women and
minorities.
~ - -
tion in eipployment and training programs for the - ~- -
economicajly or educationally disadvantaged and the
worker-traieee opportunities program.
I. To the extent that budget allocations permit, A. Cooperate with the personnel office in recruit- Assistant director (administration and manage- As appropriate
OCR participation in programs for the disad- ing and identifying worker-trainee oppor- ment).
vantaged such programs will be supported. tunities in OCR.
B. Provide orientation for supervisors of par-
ticipants in trainee programs as follows:
stay-in-school, worker-trainee opportuni-
ties, summer aides.
0
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4