Between the U. S. Department of Labor
Office of Federal Contract Compliance Programs
California State University, Long Beach
1250 Bellflower Boulevard
Long Beach, California
PART I - General Provisions
1. This Agreement is between the U. S. Department of Labor, Office of Federal Contract Compliance Programs (hereinafter OFCCP) and California State University, Long Beach (hereinafter CSULB).
2. The violations identified in this Agreement were found during the complaint investigations of Dr. Walter H. Moore, Jr. v. CSULB and Raymond L. Renaud et al v. CSULB that were specified in an Amended Notification of Results of Investigation issued August 11, 2000. OFCCP alleges that CSULB has violated the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (hereinafter VEVRAA), as amended (38 U.S.C. 4212) and the implementing regulations at 41 CFR Chapter 60 due to specific violations cited in Part II below.
3. This Agreement does not constitute an admission by CSULB of any violation of VEVRAA, as amended (38 U.S.C. 4212) and implementing regulations.
4. The provisions of this Agreement will become part of CSULB’s Affirmative Action Program (AAP). Subject to the performance by CSULB of all promises and representations contained herein and in its AAP, all named violations in regard to the compliance of CSULB with VEVRAA, as amended (38 U.S.C. 4212), and its implementing regulations will be deemed resolved. However, CSULB is advised that the commitments contained in this Agreement do not preclude future determinations of noncompliance based on a finding that the commitments are not sufficient to achieve compliance.
5. CSULB agrees that OFCCP may review compliance with this Agreement. As part of such review, OFCCP may require written reports, inspect the premises, interview witnesses, and examine and copy documents, as may be relevant to the matter under investigation and pertinent to CSULB’s compliance. CSULB shall permit access to its premises during normal business hours for these purposes.
6. Nothing herein is intended to relieve CSULB from the obligation to comply with the requirements of Executive Order 11246, as amended, and/or Section 503 of the Rehabilitation Act of 1973, as amended, and/or VEVRAA, as amended (38 U.S.C.
4212), and implementing regulations, or any other equal employment statute or executive order or its implementing regulations.
7. CSULB agrees that there will be no retaliation of any kind against any beneficiary of this Agreement or against any person who has provided information or assistance, or who files a complaint, or who participates in any manner in any proceedings under Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and/or VEVRAA, as amended (38 U.S.C. 4212).
8. This Agreement will be deemed to have been accepted by the Government on the date of signature by the Regional Director for OFCCP, unless the Deputy Assistant Secretary, OFCCP, indicates otherwise within 45 days of the Regional Director’s signature of this Agreement.
9. If at any time in the future OFCCP believes that CSULB has violated any portion of this Agreement during the term of this Agreement, CSULB will be promptly notified of that fact in writing. This notification will include a statement of the facts and circumstances relied upon in forming that belief. In addition, the notification will provide CSULB with 15 days from receipt of the notification to respond in writing, except where OFCCP alleges that such a delay would result in irreparable injury.
Enforcement proceedings for violation of this Agreement may be initiated at any time after the 15-day period has elapsed (or sooner, if irreparable injury is alleged) without issuing a Show Cause Notice.
Where OFCCP believes that CSULB has violated the Conciliation Agreement, OFCCP may seek enforcement of this Agreement itself and shall not be required to present proof of the underlying violations resolved by this Agreement.
Liability for violation of this Agreement may subject CSULB to sanctions set forth in 41 CFR 60-250.66 and/or other appropriate relief.
PART II - Specific Provisions
1. Violation: OFCCP’s investigative findings have determined the following:
a) In the Renaud et al Complaint - CSULB violated its contractual obligations at 41 CFR 60-250.5 by failing to prepare, update and implement an affirmative action program (AAP) which sets forth the contractor’s policies, practices and procedures in accordance with VEVRAA, as delineated in Attachment A.
b) In the Dr. Walter H. Moore, Jr. Complaint - CSULB violated its contractual obligations at 41 CFR 60-250.5 by failing to prepare, update and implement an affirmative action program which sets forth the contractor’s policies, practices and procedures in accordance with VEVRAA, as delineated in Attachment A.
Remedy: On November 3, 2000, CSULB provided an acceptable affirmative action program that meets each of the requirements of 41 CFR 60-250 and has agreed to update its VEVRAA AAP on an annual basis. In addition, CSULB will remedy each violation Attachment A and also agrees to do the following:
a) Provide training and undertake actions designed to advance awareness of and compliance with VEVRAA. As part of that commitment, CSULB will provide training on VEVRAA to staff employees, managers, and faculty, and include training procedures to evaluate supervisors’ and managers’ adherence to VEVRAA as part of their performance reviews.
b) Develop an advisory committee on the status of veterans. This committee will consist of, but not be limited to, members of CSULB’s veteran community. The Committee will report directly to the President.
c) CSULB will extend the invitation to applicants to self-identify their veteran status under the requirements of VEVRAA (41 CFR 60-250.42).
d) CSULB has agreed to provide reasonable accommodations as required under VEVRAA and maintain records of those accommodations [41 CFR 60-250.44(d)].
e) CSULB has agreed to disseminate its policy and procedures to prevent any harassment of covered veterans [41 CFR 60-250.44(c)].
f) CSULB has agreed to develop a system to review and provide consideration of the job qualifications of applicants and employees who are “known” covered veterans [41 CFR 60-250.44(b)].
2. Violation: In the Renaud et al. Complaint, it was determined that CSULB violated its contractual obligations under the equal opportunity clause at 41 CFR 60-250.4 by failing to take affirmative action and ensuring veterans’ rights and benefits under VEVRAA to the eighteen (18) veterans of the affected class. There were fifteen (15) class members who were not provided the opportunity for training and benefits. Additionally, three (3) class members, Renaud, Whittaker, and Hutchinson, suffered harm through acts of retaliation and/or disparate treatment in connection with their job duties.
Remedy: CSULB has agreed to cease and desist any acts of the denial of benefits and rights to covered veterans and any personnel actions that have given rise to the problems addressed in this Agreement. CSULB has agreed to the following:
a) CSULB has agreed to provide monetary settlements in the amount of $2,000 each to fifteen (15) of the class members who were not provided the opportunity for training and benefits under VEVRAA. See Attachment B. Said veterans shall each execute OFCCP’s standard release, Attachment F.
b) Provide make-whole remedies to Complainants Renaud (Attachment C), Whittaker (Attachment D) and Hutchinson (Attachment E) that include back pay with interest and/or monetary settlements. Said veterans shall each execute OFCCP’s standard release, Attachment F.
c) Within 5 working days after receipt of this Agreement signed by the Regional Director of OFCCP, CSULB will notify all members of the class of Vietnam Era Veterans the results of this agreement. This notification will be developed in conjunction with OFCCP and approved prior to issuance.
d) CSULB agrees to make good faith efforts to ensure future compliance with VEVRAA.
CSULB has agreed not to repeat Violations 1 and 2.
PART III - Reporting
CSULB agrees to furnish the U.S. Department of Labor, Office of Federal Contract Compliance Programs, Los Angeles District Office located at 11000 Wilshire Boulevard, Suite #103, Los Angeles, California 90024 with the following reports:
Disbursement of funds covered by this Agreement will be made after forty-five (45) days from the date of the Regional Director’s signature. Evidence of such disbursement and personnel status changes will be forwarded to OFCCP no later that 15 days after the 45 days period lapses.
Two progress reports will be due October 15, 2001 and October 15, 2002, covering the period November 1, 2000, through August 31, 2001, and September 1, 2001, through August 31, 2002, respectively. The reports will address all compliance actions to include but not be limited to the following:
1. Recruitment: A list of all employment opportunities listed with the state of CA, local EDD office, staff and faculty (tenure and non-tenure) track employment opportunities.
Provide the results of recruitment efforts in accordance with 41 CFR 60-150.44(f); specific dates of contact, contact persons, number of applicants referred for employment opportunities, and the disposition of each applicant referred by name and covered veterans status, including if hired, date of hire, position and starting salary.
2. Invitation to Self-Identify Veteran Status: Upon immediate execution of this agreement, voluntarily provide the invitation to employees to self-identify their veteran status and provide the opportunity to applicants for employment to self-identify their veteran status. The results of the Invitations to Self-Identification of Veteran’s Status will be monitored by the Affirmative Action Officer and reported to OFCCP. The report will include the VETS-100 report accompanied by the list of covered veterans used to compile the report that includes the name and covered veteran status.
3. Training: Efforts taken to disseminate its VEVRAA AAP through training seminars and its results. List all VEVRAA training provided and specifically identify those who conducted the training, provide a sample of the training materials disseminated to participants, provide date and location of training, and provide a list of participants by name, job title, department, and covered veteran status.
4. Contract Specifications: Appropriate documentation to demonstrate that the EEO/AA provisions of VEVRAA and its implementing regulations have been incorporated into every contract, subcontract, and purchase order of $25K or more.
5. Record Maintenance: Retain all records pertinent to the violations resolved by this Conciliation Agreement and reports submitted under it (including the underlying data/information on which the reports are based) until the expiration date of this agreement.
a) List of reasonable accommodations provided for covered veterans delineated by name, race, sex, and type of accommodation and veteran status including costs of accommodations.
b) A disclosure of any and all complaints of discrimination filed against CSULB based on covered veteran status and the disposition of each complaint.
6. President’s veterans committee: Provide a report on the development of this committee including but not limited to: Committee members (name, position and veteran status), progress and accomplishments.
This Conciliation Agreement will remain in full force and effect for a period of two years from the date of this agreement or when the final progress report is approved, whichever is later.