AFFIRMATIVE ACTION REGULATIONS HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON EDUCATION AND LABOR HOUSE OF REPRESENTATIVES NINETY-EIGHTH CONGRESS FIRST SESSION HEARINGS HELD IN WASHINGTON, D.C., ON Printed for the use of the Committee on Education and Labor For sale by the Superintendent of Documents, U.S. Government Printing Office Washington D.C. 20402 COMMITTEE ON EDUCATION AND LABOR CARL D. PERKINS, Kentucky, Chairman AUGUSTUS F. HAWKINS, California GEORGE MILLER, California MATTHEW G. MARTINEZ, California FRANK HARRISON, Pennsylvania FREDERICK C. BOUCHER, Virginia (Vacancy) JOHN N. ERLENBORN, Illinois CONTENTS Byrd, Arkie, Women's Legal Defense Fund Collyer, Robert B., Deputy Under Secretary for Employment Standards, U.S. Department of Commerce, accompanied by Ellen Shong, Director, Office of Federal Contract Compliance Programs; Charles Pugh, Deputy Director; John C. Fox, Executive Assistant to the Director, OFCCP; and James W. Cisco, Director, Program Policy, OFCCP. Cooper, Maudine, vice president for Washington Operations, National Dixon, Hon. Julian C., a Representative in Congress from the State of 507 Morisey, Muriel, American Civil Liberties Union Piercy, Day, Executive Director, Women Employed Sape, George, vice president, Organization Resources Counselors, Inc.. Thomas, Hon. Clarence, chairman, Equal Employment Opportunity Com- mission, accompanied by Stuart Frisch, acting assistant legal counsel for coordination, Office of Legal Counsel, and Anita Hill, special assist- ant, Equal Employment Opportunity Commission. Torres, Arnoldo, national executive director, League of United Latin Thomas, Hon. Clarence, chairman, Equal Employment Opportunity Com- Prepared statements, letters, supplemental material, etc.: Beazley, Paul W., deputy commissioner, Consultive Services, South Caro- lina Human Affairs Commission, letter to Ed Cook, dated April 27, Bergstrom, Dr. Charles V., executive director, Office for Governmental Affairs, Lutheran Council in the U.S.A., letter dated April 18, 1983... Byrd, Arkie, Women's Legal Defense Fund, prepared statement of. Dixon, Hon. Julian C., a Representative in Congress from the State of California, and chairman, Congressional Black Caucus, prepared state- Goldstein, Barry L., assistant counsel, NAACP Legal Defense and Educa- 523 98 9 354 "Equality Not Yet," article from the New York Times, July 13, 1983.. Letter to Congressmen Gunderson and Bartlet, dated April 21, 1983 ... (III) Prepared statements, letters, supplemental material, etc.-Continued "The Importance of the Contract Compliance Program: Historical Page 453 Hernandez, Antonia, associate counsel, Mexican American Legal De- fense and Educational Fund, prepared statement of.. Holmes, Julia, Action Chair, League of Women Voters of the United Parolla, Helen R., director, Public Policy Center, National Board YWCA 369 Piercy, Day, executive director, Women Employed, Chicago, Ill.: 338 "Damage Report, the Decline of Equal Employment Opportunity En- "Women Employed vs. Harris Bank: A Case Study,” booklet entitled.. Sape, George P., vice president, Organization Resources Counselors, Inc., Shong, Ellen, Director, Office of Federal Contract Compliance Programs, Simmons, Althea T. L., director, Washington Bureau, National Associ- Torres, Arnoldo S., national executive director, League of United States 374 OVERSIGHT HEARINGS ON THE OFCCP'S PROPOSED AFFIRMATIVE ACTION REGULATIONS FRIDAY, APRIL 15, 1983 HOUSE OF REPRESENTATIVES, COMMITTEE ON EDUCATION AND LABOR, SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES, Washington, D.C. The subcommittee met, pursuant to call, at 10:10 a.m., in room 2175, Rayburn House Office Building, Hon. Augustus F. Hawkins (chairman of the subcommittee) presiding. Members present: Representatives Hawkins, Gunderson, and Owens. Staff present: Susan Grayson McGuire, staff director; Edmund D. Cooke, Jr., legislative assistant; Karen S. Vagley, assistant general counsel; Terri P. Schroeder, administrative assistant; and Edith Carter Baum, minority counsel and staff director. Mr. HAWKINS. The Subcommittee on Employment Opportunities is called to order. The subcommittee's oversight hearings today and on Monday, April 18, relate to the Federal Government's enforcement of equal employment opportunity laws with particular focus on the Office of Federal Contract Compliance Programs' proposed affirmative action regulations under Executive Order 11246. Executive Order 11246, as amended, requires that Federal contractors and subcontractors, and federally assisted construction contractors and subcontractors, agree in their contracts that they will not discriminate in employment practices against any employee or applicant for employment because of race, color, religion, sex, or national origin. In addition, they are required to take affirmative action to promote equal employment opportunity for minority persons and women. The potential impact of effective enforcement of the Executive Order 11246 is evident from the fact that over 300,000 employers across the country are doing business with the Federal Government, employing millions of individuals and generating Federal expenditures in excess of $100 billion. Notwithstanding this immense potential, the Federal contract compliance program has a regrettable history of nonenforcement. While some significant improvement and enforcement gains occurred between 1976 and 1980, much remains to be done. However, over the last 2 years, we have witnessed what appears to be an effort to undermine the gains which minorities and |