41 C.F.R. § 60-1.24

Processing of matters

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(a) Complaints. OFCCP may refer appropriate complaints to the Equal Employment Opportunity Commission (EEOC) for processing under Title VII of the Civil Rights Act of 1964, as amended, rather than processing under E.O. 11246 and the regulations in this chapter. Upon referring complaints to the EEOC, OFCCP shall promptly notify complainant(s) and the contractor of such referral.

(b) Complaint investigations. In conducting complaint investigations, OFCCP shall, as a minimum, conduct a thorough evaluation of the allegations of the complaint and shall be responsible for developing a complete case record. The case record should contain the name, address, and telephone number of each person interviewed, the interview statements, copies, transcripts, or summaries (where appropriate) of pertinent documents, a reference to at least one covered contract, and a narrative report of the investigation with references to exhibits and other evidence which relate to the alleged violations.

(c)(1) [Reserved]

(2) If any complaint investigation or compliance review indicates a violation of the equal opportunity clause, the matter should be resolved by informal means whenever possible. Such informal means may include the holding of a compliance conference.

(3) Where any complaint investigation or compliance review indicates a violation of the equal opportunity clause and the matter has not been resolved by informal means, the Director shall proceed in accordance with § 60-1.26.

(4) When a prime contractor or subcontractor, without a hearing, shall have complied with the recommendations or orders of the Director and believes such recommendations or orders to be erroneous, he shall, upon filing a request therefor within ten days of such compliance, be afforded an opportunity for a hearing and review of the alleged erroneous action.

(5) For reasonable cause shown, the Director may reconsider or cause to be reconsidered any matter on his/her own motion or pursuant to a request.

(d) Reports to the Director. (1) With the exception of complaints which have been referred to EEOC, within 60 days from receipt of a complaint or within such additional time as may be allowed by the Director for good cause shown, the complaint shall be processed and the case record developed containing the following information:

(i) Name and address of the complainant;

(ii) Brief summary of findings, including a statement regarding the contractor's compliance or noncompliance with the requirements of the equal opportunity clause;

(iii) A statement of the disposition of the case, including any corrective action taken and any sanctions or penalties imposed or, whenever appropriate, the recommended corrective action and sanctions or penalties.

(2) A written report of every preaward compliance review required by this regulation or otherwise required by the Director, shall be developed and maintained.

(3) A written report of every other compliance review or any other matter processed involving an apparent violation of the equal opportunity clause shall be made. Such report shall contain a brief summary of the findings, including a statement of conclusions regarding the contractor's compliance or noncompliance with the requirements of the order, and a statement of the disposition of the case, including any corrective action taken or recommended and any sanctions or penalties imposed or recommended.

[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]

Notes of Decisions

Cited in 14 cases, 1964–1987 · leading case: Eugene Farmer v. Philadelphia Elec. Co., 329 F.2d 3 (3rd Cir. 1964).

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Eugene Farmer v. Philadelphia Elec. Co., 329 F.2d 3 (3rd Cir. 1964). · cites it 2× “6585 (July 1961), 41 CFR, § 60-1.24 (b) (2), state in part: “If the investigation [made by the contracting agency] indicates the existence of an apparent violation of the nondiscrimination provisions, the matter should be resolved by informal means whenever possible.”

Adam Farkas v. Texas Instrument, Inc. & Ling-Temco-Vought, Inc., 375 F.2d 629 (5th Cir. 1967). · cites it 2× “6585 (July 1961), 41 CFR, § 60-1.24 (b) (2), state in part: “If the investigation (made by the contracting agency) indicates the existence of an apparent violation of the nondiscrimination provisions, the matter should be resolved by informal means whenever possible.”

Chrysler Corp. v. Schlesinger, 412 F. Supp. 171 (D. Del. 1976). · cites it 2× “41 C.F.R. § 60-1.24 . These complaints may be filed by job applicants and employees of 'a government contractor.”

Milton UTLEY, Plaintiff-Appellant, v. VARIAN Assocs., INC., Defendant-Appellee, 811 F.2d 1279 (9th Cir. 1987). “11,246 § 209(a)(3); 41 C.F.R. § 60-1.24 (a). Second, the OFCCP may, after making reasonable attempts to secure compliance “by methods of conference, conciliation, mediation, and persuasion,” recommend to the Justice Department that it bring “appropriate proceedings,” including…”

Am. Cyanamid Co., Lederle Lab. v. Roudebush, 411 F. Supp. 1220 (S.D.N.Y. 1976). · cites it 4× “If a complaint investigation or compliance review indicates a violation of the equal opportunity clause, the compliance agency and contractor are directed to conduct informal negotiations to resolve the *1222 dispute ( 41 C.F.R. § 60-1.24 ). If informal negotiations are…”

Isiah Hadnott v. Melvin R. Laird, Individually & in His Capacity as Sec'y of Def. of the United States, 463 F.2d 304 (D.C. Cir. 1972). “41 C.F.R. § 60-1.24 , 60-1.26, 60-1.27. .”

McDonnell Douglas Corp. v. Marshall, 465 F. Supp. 22 (E.D. Mo. 1978). “See 41 CFR § 60-1.24 (42 Federal Register 3459).”

Lewis v. W. Airlines, Inc., 379 F. Supp. 684 (N.D. Cal. 1974). · cites it 2× “” 41 C.F.R. § 60-1.24 (c) (3) (1973). The term “other sanctions” refers specifically to Sections 209(a)(2) and (a) (3) of the Executive Order, 3 C.”

Reynolds Metals Co. v. Rumsfeld, 564 F.2d 663 (4th Cir. 1977). “See 41 C.F.R. § 60-1.24 . . See 42 U.S.C. §§ 2000e-2 and 5; Stebbins v.”

Utley v. Varian Assocs., Inc., 625 F. Supp. 104 (N.D. Cal. 1985). “The Office of Federal Contract Compliance Programs ("OFCCP") can refer complaints to the Equal Employment Opportunity Commission for processing under Title VII of the Civil Rights Act of 1964, 41 C.F.R. § 60-1.24 (a) (1984); "OFFCP may institute an administrative enforcement…”

Hadnott v. Laird, 317 F. Supp. 379 (D.D.C. 1970). “41 C.F.R. §§ 60-1.24 , 60-1.26, 60-1.27. Thus, the ultimate relief plaintiffs seek by this action, contract cancellation and debarment, is available to them in proper cases under the provisions of Executive Order 11246 and the Secretary’s implementing regulations.”

Legal Aid Soc'y v. Brennan, 608 F.2d 1319 (9th Cir. 1979). “Hadnott did seek relief against the responsible enforcement officials, and the dissenting judge would have read the complaint as directed to the failure of these officials to perform their duty, but the majority treated the complaint as seeking relief against specific offending…”

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