1M Basis for Potential Discrimination Analyses

It is OFCCP’s policy, in conducting analyses of potential discrimination under the Executive Order, to follow the principles of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, which the EEOC enforces.

In general, when COs observe a disparity in the representation of a particular race or ethnic group, they conduct standard desk audit potential discrimination analyses for that group.58

a. Guidelines on Discrimination Because of Religion or National Origin. These Guidelines, at 41 CFR Part 60-50, are not a required AAP element under 41 CFR 60-2.10. Therefore, COs must evaluate the contractor’s implementation of them on-site. Chapter 2, Section 2J provides detailed guidance on conducting this aspect of the on-site review.

b. Sex Discrimination Regulations. These regulations, at 41 CFR Part 60-20, are not a required AAP element under 41 CFR 60-2.10. The contractor’s implementation of them, therefore, must be evaluated on-site. Chapter 2, Section 2K provides detailed guidance on conducting this aspect of the on-site review.

c. Desk Audit Observation. While the implementation of these regulations and guidelines can only be evaluated on-site, COs must pay particular attention to any problem area identified during the desk audit for women, or religious or national origin minorities. Additional information should be gathered on-site and directed to issues that are not addressed elsewhere in the regulations; for example, leave for religious purposes and maternity leave.