Daniel Steiner '54, general counsel to the University, let the Department of Health, Education and Welfare know this week that Harvard isn't altogether happy with HEW's proposed guidelines for implementing a new federal anti-sex bias law.
Steiner's comments on the Title IX guidelines, submitted to Washington in letter form, are a variation on a theme that is turning out to be one of the Bok administration's favorites: Criticism of government interference in the internal workings of the University.
While noting that "large parts of the regulations are very useful," Steiner told HEW that it may be dictating too much in terms of specific policy and exceeding the requirements of Title IX. On the issues of equal access to athletic facilities, dissemination of University equal opportunity policy, financial aid and the University's relations with outside contractors who may engage in discriminatory practices, Steiner indicated that HEW should insist on the principle of non-discrimination while leaving the details of compliance to be worked out by the University.
Steiner also complained to HEW about the multitude of employment guidelines that Harvard already has to live with, and requested that the government make no new equal employment demands.
The most controversial point of disagreement between Harvard and HEW over the Title IX regulations may revolve around the guidelines' "equal pay for similar work" clause. In his letter Steiner told HEW that "similar" is too ambiguous a term for the University's purposes, and said its use may lead to "significant confusion and court battles." The general counsel recommended that HEW substitute the "better established" comparison of "jobs which require substantially equal skill, effort and responsibility performed under similar working conditions."
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