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FACTOR 3, Guidelines

Level 3-4, 450 Points

The employee performs work covered by guidelines such as statutes, Executive Orders, policy statements, evolving administrative and case law, and government-wide or agency directives. In some cases, guidelines may include broadly stated or incomplete procedural manuals. These guidelines are often inadequate and may be subject to various interpretations. Most cases differ in terms of facts, issues, and problems involved.

Considerable resourcefulness and judgment are required during all phases of investigations and conciliation, particularly in determining the relevance of evidence, weighing evidence, analyzing complex interrelated information, and selecting the appropriate principles to apply. Considerable initiative and judgment are required in making on-the-spot decisions during investigations and conciliations of complex cases that could determine the scope, cost, and outcome of these cases.

FACTOR 4, Complexity

Level 4-4, 225 Points

Assignments involve the full cycle of problem identification, analysis, definition, solution, and reporting activities typical of equal employment opportunity compliance reviews of contractors' employment policies and practices; and negotiation with contractors to resolve equal employment opportunity problems while the review is in progress.

Compliance reviews involve a comprehensive analysis of a
contractor's actual activities over a given time period in
the areas of recruitment, selection, promotion, supervision,
working conditions, and other similar factors related to
equal employment opportunity contract compliance; and con-
sideration of availability of classes of employees in the
labor market. Reviews involve the collection and analysis
of a large body of interrelated facts, many of which are
frequently found to be in conflict, from a variety of
sources such as employment records, interviews with con-
tractor employees and managers, interviews with leaders of
community and civil rights organizations, and records of
past compliance reviews.

In planning the review, the specialist considers the particular type of firm or establishment being reviewed, its past compliance history, the nature and composition of the work force, and the time available for the review. The methods used and overall approach often must be revised during the review to pursue problem areas in more depth depending on the specialist's determination of their seriousness or uniqueness.

The work requires the recognition of equal employment opportunity problems and determinations of the importance of problems in order to carry out the review; it requires making decisions on which issues to negotiate while onsite, and which to include in the report; and it requires making recommended conclusions on whether or not the contractor is in compliance with the contract's equal employment opportunity provisions. The difficulty of these analyses is compounded by the need to adapt to the wide variety of personnel systems used by contractors and by extremely tight deadlines for adequately completing preaward reviews.

FACTOR 5, Scope and Effect

Level 5-4, 225 Points

The purpose of the assignment is to conduct and report on difficult and complex reviews of contractor compliance.

Compliance reviews conducted or led by the incumbent frequently
have a substantial impact on the employment practices of the
contractor and may have national impact in modifications to
corporate policy and/or procedures. Work results in resolution
of a wide variety of problems ranging from individual to class
action discrimination complaints and to elimination of systemic
barriers to equal opportunity such as policies or widespread
practices in the contractor's establishment. Many reviews
involve potentially serious consequences for the contractor;
for example, substantial modification of long-standing per-
sonnel programs or other personnel management functions;
financial compensation to victims of discrimination uncovered
by the review or investigation; or possible loss of government
contract. Substantial adverse publicity could also be generated
for the contractor.

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FACTOR 6, Personal Contacts

Level 6-3, 60 Points

Personal contacts are with individual complainants who
allege discrimination, with management officials, attorneys,
contractor employees, witnesses, equal opportunity specialists,
and union representatives. Contacts are also with represen-
tatives of civil rights, community, trade and business
organizations. Due to the involved nature of the reviews
and investigations, corporate officials, union officers
and expert attorneys are frequently involved in negotiations.
The purpose and content of each contact varies, and the role
and authority of each party must be developed during the
course of the contact.

FACTOR 7, Purpose of Contacts

Level 7-4, 220 Points

The specialist conducts difficult reviews and investigations, which could result in potential adverse publicity for the contractor. As a result, the specialist must be able to negotiate resolutions to controversial and complex issues where remecies routinely require changes in personnel practices having a major impact on the perceived interests of the contractor. Therefore, positions taken by the specialist on behalf of the agency are frequently contested or disputed by the contractor and/or legal counsel. Conciliation typically involves attempts to settle several issues of a complex nature such as systemic obstacles to equal employment opportunity, liability for acts of discrimination, and changes in personnel practices or collective bargaining agreement provisions necessary to eliminate or prevent recurrence of the discriminatory practices. Negotiation of remedies which are unacceptable or incomplete would damage the Government's credibility with both protected groups and contractors. On the other hand, failure to negotiate voluntary, acceptable remedies could result in lengthy and complicated litigation which would indefinitely delay sought-after relief.

FACTOR 8, Physical Demands

Level 8-2, 20 Points

In addition to work performed at a desk, the work involves
regular and recurring lengthy visits to construction,
industrial and other worksites. The specialist frequently
participates in long and intensive conciliation sessions
requiring above-average resistance to physical, mental,
and emotional fatigue, and may be required to travel for
protracted periods.

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FACTOR 9, Work Environment

Level 9-2, 20 Points In addition to work in an office setting involving everyday risks and discomforts, the work includes regular and recurring travel to industrial and construction worksites that may involve or provide moderate risks or discomforts. Special safety precautions must be taken such as wearing a hardhat or other protective gear, or planning work and physical movements to avoid the particular danger.