I.

1/

OFCCP ENFORCEMENT RECOMMENDATIONS PENDING IN
THE OFFICE OF THE SOLICITOR FOR MORE THAN
NINETY DAYS AS OF SEPTEMBER 30, 1986

Affected Class

1.

2.

EXECUTIVE ORDER 11246 CASES

Lawrence Aviation, Inc.

a.

b.

C.

d.

e.

£.

Region Affected: New York.

Basis for recommendation: Sex discrimination. Date sent to Solicitor's Office: September 18, 1984.

Affected class: Yes.

Amount of backpay calculated by OFCCP: $58,000. Reasons for delay: Coordinated with Washington office and reanalyzed to change theory and approach. Litigation has been authorized.

Interstate Milling

a.

b.

C.

d.

e.

Region affected: Atlanta.

Basis for recommendation:

Sex discrimination.

Date sent to Solicitor's Office: June 5, 1984
Affected class: Yes.

Amount of bac nav calculated by OFCCP: NO
calculation.

f. Reasons for delay: Case analyzed and approved for
litigation. Case was in settlement negotiations,
but prospect of being successfully prosecuted
reevaluated due to additional statistical
information presented by the contractor in

negotiations.

1/ "Pending" includes 90-day old litigation referrals which had not been filed or returned to OFCCP by September 30, 1986. Pending does not mean that the referrals are inactive. Most of the cases listed have been analyzed, litigation has been approved and settlement is being actively pursued. Pursuit of settlement prior to filing a complaint has been undertaken primarily for iitigation strategy reasons. If the negotiations result in an amicable resolution, a complaint and consent decree are filed simultaneously. If negotiations fail, a complaint will be filed and resolved through contested litigation unless, of course, information revealed during negotiations shows the allegation of violation was not properly asserted.

3.

5.

6.

Louisiana State University

a.

b.

C.

d.

e.

f.

Region affected: Dallas (being handled in
Washington).

Basis for recommendation: Race discrimination,
class & individual sex discrimination complaints.
Date sent to Solicitor's Office: May 16, 1983.
Affected class:

Yes

Amount of backpay calculated by OFCCP: No

calculation.

Case analyzed and approved for Preenforcement settlement negotiations

Reasons for delay:
litigation.

are in progress.

Brown & Root

a.

b.

C.

d.

e.

f.

Region affected: Dallas (handled in Washington).
Basis for recommendation: Race discrimination.
Date sent to Solicitor's Office: March 23, 1933.
Affected class: Yes.

Amount of backpay calculated by OFCCP: No
calculation.

Reasons for delay: Case was analyzed. Could not
establish the factual predicate necessary to prove
coverage on a subcontract basis. Case was rejected
for litigation in FY 1987.

Southwest Research Institute

a.

b.

C.

d.

e.

f.

Region affected: Dallas.

Basis for recommendation: Minority and sex
discrimination.

Date sent to Solicitor's Office:

1983.

Affected class:

Yes.

November 14,

Amount of backpay calculated by OFCCP: No
calculation.

Reasons for delay: Case analyzed and returned to
OFCCP for further development. Resubmitted to
RSOL, currently being reanalyzed.

Date sent to Solicitor's Office: December 1983.
Affected class:

Yes

Amount of backpay calculated by OFCCP: No
calculation.

- 2

f.

Reasons for delay:

Case analyzed and litigation

approved. Preenforcement settlement negotiations.

Seitz Foods

a.

b.

C.

d.

e.

f.

Region affected: Kansas City.

Basis for recommendation for enforcement:
discrimination.

Sex

Date sent to Solicitor's Office: November 22,
1985.

Affected class: Yes.

Amount of backpay calculated by OFCCP: $50-60,000. Reasons for delay: Incomplete file initially transmitted.

d.

e.

Date sent to Solicitor's Office:

Amount of backpay calculated by OFCCP: Not
calculated.

£. Reasons or delay: Difficult, complex case with
voluminous materials. Analysis proceeding.

Precision Castparts

9.

Washington).

Seattle (being handled in

b. Basis for recommendation: Sex discrimination. Date sent to Solicitor's Office: August 13, 1984 Affected class: Yes.

C.

d.

e.

Amount of backpay calculated by OFCCP: $1.5
million.

f. Reasons for delay: Case analyzed and approved for
litigation. Settlement negotiations and parallel
enforcement at EEOC with whom we are coordinating.

Region affected: New York.

Basis for recommendation for enforcement:
to make a good faith effort to meet female
construction goals.

Date sent to Solicitor's Office:

Affected class:

No.

Failure

October 10, 1985.

11.

12.

13.

e.

f.

Amount of backpay calculated by OFCCP: N/A Reasons for delay: Small construction contractor with no covered contract at time of investigation or thereafter.

Isadore Rosen and Sons

a. b.

C.

d.

e.

f.

Region affected: New York.

Basis for recommendation for enforcement: - Failure
to make good faith effort to meet female goals in
laborer and bricklayer trades. :

Date sent to Solicitor's Office: September 19,
1984.

Amount of backpay calculated by OFCCP: N/A.
Reasons for delay: Small construction contractor
employing only bricklayers and laborers which did
not make a good faith effort to hire women in those
trades.

National Steel (Jennings complaint)

a.

b.

C.

d.

e.

Basis for recommendation: Race discrimination.
vate sent to Solicitor's Office: December 17,
1985.

Affected class: No.

Amount of backpay: No calculation.

f. Reason for delay: Case file being further
developed by OFCCP.

Liberto Construction Co.

a.

b.

C.

d.

e.

f.

Region affected: Philadelphia.

Basis for recommendation: Failure to make good
faith effort to meet female and minority goals and
to take action required by Standard Federal Equal
Employment Opportunity Construction Contract
Specifications.

Date sent to Solicitor's Office: January 22, 1986.
Affected class: No.

Amount of backpay calculated by OFCCP: N/A.
Reasons for delay: Case analyzed. Additional
investigation conducted by OFCCP on successor
entity issue.

15.

16.

17.

C.

a.

e.

f.

Date sent to Solicitor's Office: March 20, 1986.
Affected class: No.

Amount of backpay calculated by OFCCP: N/A.
Reason for delay: Other litigation obligations.
Attorney responsible for six trials since April.
Analysis proceeding.

J. Walter Thompson

a.

b.

C.

d.

e.

f.

Region affected:

Washington).

Chicago (being handled in

Basis for recommendation: Failure to produce AAP.
Date sent to Solicitor's Office: August 27, 1984.
Affected class: No.

Amount of backpay calculated by OFCCP:

N/A.

Reasons for delay: Case analyzed and approved for
litigation. Deferring to pending EEOC
investigation.

Marathon Cheese

a. Region affected: Chicago (being handled in
Washington).

b.

C.

d.

e.
f.

Basis for recommendation: Failure to provide AAP.
Date sent to Solicitor's Office: January 22, 1986.
Affected class: No.

Amount of back pay calculated by OFCCP: N/A.
Reasons for delay: Case analyzed and approved for
litigation. Preenforcement settlement
negotiations.

Electronic Data System (EDS)

a. Region affected: Dallas (being handled in

b.

C.

d.

e.

f.

Washington).

Basis for recommendation: Failure to submit AAP,
denial of access for two complaint investigations.
Date sent to Solicitor's Office: April 14, 1986.
Affected class: No.

N/A.

Amount of backpay calculated by OFCCP:
Reason for delay: Case analyzed and has been
approved for litigation. Meeting with counsel for
EDS has been scheduled to allow the company to
present its legal argument against coverage.