United States Department of Labor Office of Administrative Law Judges Law
Library
UNITED STATES DEPARTMENT OF LABOR *
OFFICE OF THE SOLICITOR * CIVIL RIGHTS DIVISION
INDEX TO ADMINISTRATIVE DECISIONS UNDER SECTION
503 OF THE REHABILITATION ACT OF 1973
TOPIC 15: BIAS
NOTICE: THIS INDEX WAS PREPARED BY THE CIVIL RIGHTS
DIVISION, OFFICE OF THE SOLICITOR, U.S. DEPARTMENT OF LABOR, FOR
INTERNAL USE. IT IS NOT AN OFFICIAL INTERPRETATION OF THE CASES,
AND WAS LAST REVISED IN NOVEMBER, 1996.
An agency employee may institute proceedings and render a decision on the case provided
that individual has not investigated or prosecuted the case. OFCCP v. E.E. Black,
Ltd., 77-OFCCP-7R, Order Denying Motion to Disqualify the Secretary of Labor, the
Assistant Secretary and the U.S. Department of Labor, February 26, 1979, slip op. at 6.
Even though the Secretary of Labor supervises officials engaged in the investigation,
prosecution and decision making in the case, he is not disqualified from participating in the
decision of a proceeding. Id. at 6-7.
Regulations promulgated pursuant to the Act do not disqualify the Assistant Secretary from
rendering a decision under the Act. Id.
at 7.
Secretary did not participate in the decision of the case so his statements about the
proceedings did not disqualify him. Id. at 9.
Statements made by the Secretary about the case were not of such a nature as to disqualify
him even if he had participated in the decision. Id.
Assistant Secretary's public comments did not concern the merits of this proceeding and,
therefore, did not disqualify him. Id. at 10.