Walter SMITH, Plaintiff-Appellant, v. SINGER COMPANY, Defendant-Appellee

Walter Smith has brought this action against his former employer, alleging that he was discharged in retaliation for having engaged in activities protected by the Civil Rights Act of 1964, in violation of 42 U.S.C. § 2000e-3(a). He was employed as director of industrial relations for the Simulation Products Division of appellee Singer Company.

Singer, as a government contractor, was subject to the antidiscrimination provisions of Executive Order 11246 as amended by Executive Order 11375. These orders are implemented by the regulations enforced by the Office of Federal Contracts Compliance Programs (OFCCP). The Contracts Compliance Division of the Defense Contracts Administration Service (DCAS) is the government agency designated by OFCCP to monitor Singer’s compliance with the provisions of the executive orders. The regulations require contractors to develop a written affirmative action program, 41 C.F.R. § 60-1.40 , and to appoint an “executive of the contractor” to serve as “director or manager of company equal opportunity programs.” 41 C.F.R. § 60-2.22 (a). This latter section sets forth a seven-paragraph job description detailing the manner in which the director should…