United States Department of Labor
Office of Administrative Law Judges Law Library

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.

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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.