[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-1.26]

[Page 105-107]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-1_OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS--Table of Contents
 
Subpart B_General Enforcement; Compliance Review and Complaint Procedure
 
Sec. 60-1.26  Enforcement proceedings.

    (a) General. (1) Violations of the Order, the equal opportunity 
clause, the regulations in this chapter, or applicable construction 
industry equal employment opportunity requirements, may result in the 
institution of administrative or judicial enforcement proceedings. 
Violations may be found based upon, inter alia, any of the following:
    (i) The results of a complaint investigation;
    (ii) The results of a compliance evaluation;
    (iii) Analysis of an affirmative action program;
    (iv) The results of an on-site review of the contractor's compliance 
with the Order and its implementing regulations;
    (v) A contractor's refusal to submit an affirmative action program;
    (vi) A contractor's refusal to allow an on-site compliance 
evaluation to be conducted;
    (vii) A contractor's refusal to provide data for off-site review or 
analysis as required by the regulations in this chapter;
    (viii) A contractor's refusal to establish, maintain and supply 
records or other information as required by the regulations in this 
chapter or applicable construction industry requirements;
    (ix) A contractor's alteration or falsification of records and 
information required to be maintained by the regulations in this 
chapter; or
    (x) Any substantial or material violation or the threat of a 
substantial or material violation of the contractural provisions of the 
Order, or of the rules or regulations in this chapter.
    (2) OFCCP may seek back pay and other make whole relief for victims 
of discrimination identified during a complaint investigation or 
compliance evaluation. Such individuals need not have filed a complaint 
as a prerequisite to OFCCP seeking such relief on their behalf. Interest 
on back pay shall be calculated from the date of the loss and compounded 
quarterly at the percentage rate established by the Internal Revenue 
Service for the under-payment of taxes.
    (b) Administrative enforcement. (1) OFCCP may refer matters to the 
Solicitor of Labor with a recommendation for the institution of 
administrative enforcement proceedings, which may be brought to enjoin 
violations, to seek appropriate relief, and to impose appropriate 
sanctions. The referral may be made when violations have not been 
corrected in accordance with the conciliation procedures in this 
chapter, or when OFCCP determines that referral for consideration of 
formal enforcement (rather than settlement) is appropriate. However, if 
a contractor refuses to submit an affirmative action program, or refuses 
to supply records or other requested information, or refuses to allow 
OFCCP access to its premises for an on-site review, and if conciliation 
efforts under this chapter are unsuccessful, OFCCP may immediately refer 
the matter to the Solicitor, notwithstanding other requirements of this 
chapter.
    (2) Administrative enforcement proceedings shall be conducted under 
the control and supervision of the Solicitor of Labor and under the 
Rules of Practice for Administrative Proceedings to Enforce Equal 
Opportunity under Executive Order 11246 contained in part 60-30 of this 
chapter and the Rules of Evidence set out in the Rules of Practice

[[Page 106]]

and Procedure for Administrative Hearings Before the Office of 
Administrative Law Judges contained in 29 CFR part 18, subpart B: 
Provided, That a Final Administrative Order shall be issued within on 
year from the date of the issuance of the recommended findings, 
conclusions and decision of the Administrative Law Judge, or the 
submission of any exceptions and responses to exceptions to such 
decision (if any), whichever is later.
    (c) Referrals to the Department of Justice. (1) The Deputy Assistant 
Secretary may refer matters to the Department of Justice with a 
recommendation for the institution of judicial enforcement proceedings. 
There are no procedural prerequisites to a referral to the Department of 
Justice. Such referrals may be accomplished without proceeding through 
the conciliation procedures in this chapter, and a referral may be made 
at any stage in the procedures under this chapter.
    (2) Whenever a matter has been referred to the Department of Justice 
for consideration of judicial enforcement, the Attorney General may 
bring a civil action in the appropriate district court of the United 
States requesting a temporary restraining order, preliminary or 
permanent injunction (including relief against noncontractors, including 
labor unions, who seek to thwart the implementation of the Order and 
regulations), and an order for such additional sanctions or relief, 
including back pay, deemed necessary or appropriate to ensure the full 
enjoyment of the rights secured by the Order, or any of the above in 
this paragraph (c)(2).
    (3) The Attorney General is authorized to conduct such investigation 
of the facts as he/she deem necessary or appropriate to carry out his/
her responsibilities under the regulations in this chapter.
    (4) Prior to the institution of any judicial proceedings, the 
Attorney General, on behalf of the Deputy Assistant Secretary, is 
authorized to make reasonable efforts to secure compliance with the 
contract provisions of the Order. The Attorney General may do so by 
providing the contractor and any other respondent with reasonable notice 
of his/her findings, his/her intent to file suit, and the actions he/she 
believes necessary to obtain compliance with the contract provisions of 
the Order without contested litigation, and by offering the contractor 
and any other respondent a reasonable opportunity for conference and 
conciliation, in an effort to obtain such compliance without contested 
litigation.
    (5) As used in the regulations in this Part, the Attorney General 
shall mean the Attorney General, the Assistant Attorney General for 
Civil Rights, or any other person authorized by regulations or practice 
to act for the Attorney General with respect to the enforcement of equal 
employment opportunity laws, orders and regulations generally, or in a 
particular matter or case.
    (6) The Deputy Assistant Secretary or his/her designee, and 
representatives of the Attorney General may consult from time to time to 
determine what investigations should be conducted to determine whether 
contractors or groups of contractors or other persons may be engaged in 
patterns or practices in violation of the Executive Order or these 
regulations, or of resistance to or interference with the full enjoyment 
of any of the rights secured by them, warranting judicial proceedings.
    (d) Initiation of lawsuits by the Attorney General without referral 
from the Deputy Assistant Secretary. In addition to initiating lawsuits 
upon referral under this section, the Attorney General may, subject to 
approval by the Deputy Assistant Secretary, initiate independent 
investigations of contractors which he/she has reason to believe may be 
in violation of the Order or the rules and regulations issued pursuant 
thereto. If, upon completion of such an investigation, the Attorney 
General determines that the contractor has in fact violated the Order or 
the rules and regulations issued thereunder, he/she shall make 
reasonable efforts to secure compliance with the contract provisions of 
the Order. He/she may do so by providing the contractor and any other 
respondent with reasonable notice of the Department of Justice's 
findings, its intent to file suit, and the actions that the Attorney 
General believes are necessary to obtain compliance with the contract 
provisions of the Order

[[Page 107]]

without contested litigation, and by offering the contractor and any 
other respondent a reasonable opportunity for conference and 
conciliation in an effort to obtain such compliance without contested 
litigation. If these efforts are unsuccessful, the Attorney General may, 
upon approval by the Deputy Assistant Secretary, bring a civil action in 
the appropriate district court of the United States requesting a 
temporary restraining order, preliminary or permanent injunction, and an 
order for such additional sanctions or equitable relief, including back 
pay, deemed necessary or appropriate to ensure the full enjoyment of the 
rights secured by the Order or any of the above in this paragraph (d).
    (e) To the extent applicable, this section and part 60-30 of this 
chapter shall govern proceedings resulting from any Deputy Assistant 
Secretary's determinations under Sec. 60-2.2(b) of this chapter.

[62 FR 44190, Aug. 19, 1997, as amended at 62 FR 66971, Dec. 22, 1997]