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(4) Communicate to prospective employees the existence of the contractor's affirmative action program and make available such elements of its program as will enable such prospective employees to know of and avail themselves of its benefits.

(5) When employees are pictured in consumer or help wanted advertising, both minorities and nonminority men and women should be shown.

(6) Send written notification of company policy to all subcontractors, vendors, and suppliers requesting appropriate action on their part. (43 FR 49249, Oct. 30, 1978; 43 FR 51400, Nov. 3, 1978)

(2) Publicize it in company newspaper, magazine, annual report, and other media.

(3) Conduct special meetings with executive, management, and supervisory personnel to explain intent of policy and individual responsibility for effective implementation, making clear the chief executive officer's attitude.

(4) Schedule special meetings with all other employees to discuss policy and explain individual employee responsibilities.

(5) Discuss the policy thoroughly in both employee orientation and management training programs.

(6) Meet with union officials to inform them of policy, and request their cooperation.

(7) Include nondiscrimination clauses in all union agreements, and review all contractual provisions to insure they are nondiscriminatory.

(8) Publish articles covering EEO programs, progress reports, promotions, etc., of minority and female employees, in company publications.

(9) Post the policy on company bulletin boards.

(10) When employees are featured in product or consumer advertising, employee handbooks or similar publications both minority and nonminority, men and women should be pictured.

(11) Communicate to employees the existence of the contractor's affirmative action program and make available such elements of its program as will enable such employees to know of and avail themselves of its benefits.

(b) The contractor should dissemi. nate its policy externally as follows:

(1) Inform all recruiting sources verbally and in writing of company policy, stipulating that these sources actively recruit and refer minorities and women for all positions listed.

(2) Incorporate the equal opportuni. ty clause in all purchase orders, leases, contracts, etc., covered by Executive Order 11246, as amended, and its implementing regulations.

(3) Notify minority and women's or ganizations, community agencies, community leaders, secondary schools, and colleges, of company policy, preferably in writing.

$ 60-2.22 Responsibility for implementa

tion. (a) An executive of the contractor should be appointed as director or manager of company equal opportunity programs. Depending upon the size and geographical alignment of the company, this may be his or her sole responsibility. He or she should be given the necessary top management support and staffing to execute the assignment. His or her identity should appear on all internal and external communications on the company's equal opportunity programs. His or her responsibilities should include, but not necessarily be limited to:

(1) Developing policy statements, af. firmative action programs, internal and external communication techniques.

(2) Assisting in the identification of problem areas.

(3) Assisting line management in arriving at solutions to problems.

(4) Designing and implementing audit and reporting systems that will:

(i) Measure effectiveness of the contractor's programs.

(ii) Indicate need for remedial action.

(iii) Determine the degree to which the contractor's goals and objectives have been attained.

(5) Serve as liaison between the contractor and enforcement agencies.

(6) Serve as liaison between the contractor and minority organizations, women's organizations and community action groups concerned with employ

ment opportunities of minorities and women.

(7) Keep management informed of latest developments in the entire equal opportunity area.

(b) Line responsibilities should include, but not be limited to the following: (1) Assistance in the identification of

Assistance in the identification of problem areas and establishment of local and unit goals and objectives.

(2) Active involvement with local minority organizations, women's organizations, community action groups and community service programs.

(3) Periodic audit of training programs, hiring and promotion patterns to remove impediments to the attain ment of goals and objectives.

(4) Regular discussions with local managers, supervisors, and employees to be certain the contractor's policies are being followed.

(5) Review of the qualifications of all employees to insure that minorities and women are given full opportuni. ties for transfers and promotions.

(6) Career counseling for all employees.

(7) Periodic audit to insure that each location is in compliance in areas such as:

(i) Posters are properly displayed.

(ii) All facilities, including company housing, which the contractor maintains for the use and benefit of its em ployees, are in fact desegregated, both in policy and use. If the contractor provides facilities such as dormitories, locker rooms and rest rooms, they must be comparable for both sexes.

(iii) Minority and female employees are afforded a full opportunity and are encouraged to participate in all company sponsored educational, train ing, recreational, and social activities.

(8) Supervisors should be made to understand that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results, as well as other criteria.

(9) It shall be a responsibility of supervisors to take actions to prevent harassment of employees placed through affirmative action efforts. (43 FR 49249, Oct. 30, 1978; 43 FR 51401, Nov. 3, 1978)

$ 60-2.23 Identification of problem areas

by organizational units and job groups. (a) An in-depth analysis of the following should be made, paying particular attention to trainees and those categories listed in $ 60-2.11(b).

(1) Composition of the work force by minority group status and sex.

(2) Composition of applicant flow by minority group status and sex.

(3) The total selection process including position descriptions, position titles, worker specifications, application forms, interview procedures, test administration, test validity, referral procedures, final selection process, and similar factors.

(4) Transfer and promotion practices.

(5) Facilities, company sponsored recreation and social events, and special programs such as educational assistance.

(6) Seniority practices and seniority provisions of union contracts.

(7) Apprenticeship programs.

(8) All company training programs, formal and informal.

(9) Work force attitude.

(10) Technical phases of compliance, such as poster and notification to labor unions, retention of applications, notification to subcontractors, etc.

(b) If any of the following items are found in the analysis, special corrective action should be appropriate.

(1) An “underutilization" of minorities or women in specific job groups.

(2) Lateral and/or vertical movement of minority or female employees occurring at a lesser rate (compared to work force mix) than that of nonminority or male employees.

(3) The selection process eliminates a significantly higher percentage of minorities or women than nonminorities or men.

(4) Application and related preemployment forms not in compliance with Federal legislation.

(5) Position descriptions inaccurate in relation to actual functions and duties.

(6) Formal or scored selection procedures not validated as required by the OFCCP Uniform Guidelines on Employee Selection Procedures.

(7) Test forms not validated by loca tion, work performance and inclusion of minorities and women in sample.

(8) Referral ratio of minorities or women to the hiring supervisor or manager indicates a significantly higher percentage are being rejected as compared to nonminority and male applicants.

(9) Minorities or women are excluded from or are not participating in company sponsored activities or programs.

(10) De facto segregation still exists at some facilities.

(11) Seniority provisions contribute to overt or inadvertent discrimination, i.e., a disparity by minority group status or sex exists between length of service and types of job held.

(12) Nonsupport of company policy by managers, supervisors or employees.

(13) Minorities or women underutilized or significantly underrepresented in training or career improvement programs.

(14) No formal techniques established for evaluating effectiveness of EEO programs.

(15) Lack of access to suitable housing inhibits recruitment efforts and employment of qualified minorities.

(16) Lack of suitable transportation (public or private) to the work place inhibits minority employment.

(17) Labor unions and subcontractors not notified of their responsibil ities.

(18) Purchase orders do not contain EEO clause.

(19) Posters not on display. $ 60-2.24 Development and execution of

programs. (a) The contractor should conduct detailed analyses of position descriptions to insure that they accurately reflect position functions, and are consistent for the same position from one location to another.

(b) The contractor should validate worker specifications by division, department, location or other organizational unit and by job title using job performance criteria. Special attention should be given to academic, experience and skill requirements to insure that the requirements in themselves

do not constitute inadvertent discrimi. nation. Specifications should be consistent for the same job title in all locations and should be free from bias as regards to race, color, religion, sex or national origin, except were sex is a bona fide occupational qualification. Where requirements screen out a disproportionate number of minorities or women, such requirements should be professionally validated to job performance.

(c) Approved position descriptions and worker specifications, when used by the contractor, should be made available to all members of management involved in the recruiting, screening, selection, and promotion process. Copies should also be distributed to all recruiting sources.

(d) The contractor should evaluate the total selection process to insure freedom from bias and, thus, aid the attainment of goals and objectives.

(1) All personnel involved in the recruiting, screening, selection, promotion, disciplinary, and related processes should be carefully selected and trained to insure elimination of bias in all personnel actions.

(2) The contractor shall observe the requirements of the OFCCP Uniform Guidelines on Employee Selection Procedures.

(3) Selection techniques other than tests may also be improperly used so as to have the effect of discriminating against minority groups and women. Such techniques include but are not restricted to, unscored interviews, unscored or casual application forms, arrest records, credit checks, considerations of marital status or dependency or minor children. Where there exist data suggesting that such unfair discrimination or exclusion of minorities or women exists, the contractor should analyze his unscored procedures and eliminate them if they are not objectively valid.

(e) Suggested techniques to improve recruitment and increase the flow minority or female applicants follow:

(1) Certain organizations such as the Urban League, Job Corps, Equal Opportunity Programs, Inc., Concentrated Employment programs, Neighborhood Youth Corps, Secondary Schools, Colleges, and City Colleges

with high minority enrollment, the given authority to make on-the-spot State Employment Service, specialized commitments. employment agencies, Aspira, LULAC, (7) Active recruiting programs SER, the G.I. Forum, the Common should be carried out at secondary wealth of Puerto Rico are normally schools, junior colleges, and colleges prepared to refer minority applicants with predominant minority or female Organizations prepared to refer enrollments. women with specific skills are: Nation (8) Recruiting efforts at all schools al Organization for Women, Welfare should incorporate special efforts to Rights organizations, Women's Equity reach minorities and women. Action League, Talent Bank from (9) Special employment programs Business and Professional Women (in should be undertaken whenever possicluding 26 women's organizations), ble. Some possible programs are: Professional Women's Caucus, Inter (i) Technical and nontechnical co-op collegiate Association of University programs with predominately Negro Women, Negro Women's sororities and and women's colleges. service groups such as Delta Sigma (ii) “After school" and/or workTheta, Alpha Kappa Alpha, and Zeta study jobs for minority youths, male Phi Beta; National Council of Negro and female. Women, American Association of Uni- (iii) Summer jobs for underprivi. versity Women, YWCA, and sectarian leged youth, male and female. groups such as Jewish Women's

(iv) Summer work-study programs Groups, Catholic Women's Groups

for male and female faculty members and Protestant Women's Groups, and of the predominantly minority schools women's colleges. In addition, commu- and colleges. nity leaders as individuals shall be

(v) Motivation, training and employadded to recruiting sources.

ment programs for the hardcore un(2) Formal briefing sessions should employed, male and female. be held, preferably on company prem (10) When recruiting brochures picises, with representatives from these torially present work situations, the recruiting sources. Plant tours, presen- minority and female members of the tations by minority and female em- work force should be included, espeplyees, clear and concise explanations cially when such brochures are used in of current and future job openings, po- school and career programs. sition descriptions, worker specifica (11) Help wanted advertising should tions, explanations of the company's be expanded to include the minority selection process, and recruiting litera- news media and women's interest ture should be an integral part of the media on a regular basis. briefings. Formal arrangements (f) The contractor should insure should be made for referral of appli

that minority and female employees cants, followup with sources, and feed- are given equal opportunity for proback on disposition of applicants.

motion. Suggestions for achieving this (3) Minority and female employees, result include: using procedures similar to subpara (1) Post or otherwise announce prograph (2) of this paragraph, should be motional opportunities. actively encouraged to refer appli (2) Make an inventory of current micants.

nority and female employees to deter(4) A special effort should be made mine academic, skill and experience to include minorities and women on level of individual employees. the Personnel Relations staff.

(3) Initiate necessary remedial, job (5) Minority and female employees training and workstudy programs. should be made available for participa- (4) Develop and implement formal tion in Career Days, Youth Motivation employee evaluation programs. Programs, and related activities in (5) Make certain “worker specificatheir communities.

tions” have been validated on job per(6) Active participation in “Job formance related criteria. (Neither miFairs" is desirable. Company repre- nority nor female employees should be sentative so participating should be required to possess higher qualifica

tions than those of the lowest quali. of Businessmen programs for youth fied incumbent.)

motivation. (6) When apparently qualified mi. (c) The contractor should support nority or female employees are passed vocational guidance institutes, vestiover for upgrading, require supervi. bule training programs and similar acsory personnel to submit written justification.

(d) The contractor should assist sec(7) Establish formal career counsel ondary schools and colleges in proing programs to include attitude devel. grams designed to enable minority and opment, education aid, job rotation, female graduates of these institutions buddy system and similar programs.

to compete in the open employment (8) Review seniority practices and se

market on a more equitable basis. niority clauses in union contracts to

(e) The contractor should publicize insure such practices or clauses are

achievements of minority and female nondiscriminatory and do not have a

employees in local and minority news discriminatory effect.

media. (g) Make certain facilities and com

(f) The contractor should support pany-sponsored social and recreation

programs developed by such organizaactivities are desegregated. Actively

tions as National Alliance of Businessencourage all employees to partici

men, the Urban Coalition and other pate.

organizations concerned with employ. (h) Encourage child care, housing

ment opportunities for minorities or and transportation programs appropri

women. ately designed to improve the employ- [43 FR 49249, Oct. 30, 1978; 43 FR 51401, ment opportunities for minorities and Nov. 3, 1978) women. [43 FR 49249, Oct. 30, 1978; 43 FR 51401,

Subpart D-Miscellaneous Nov. 3, 1978)

8 60-2.30 Use of goals. $ 60-2.25 Internal audit and reporting sys The purpose of a contractor's estabtems.

lishment and use of goals is to insure (a) The contractor should monitor that it meet its affirmative action oblirecords of referrals, placements, trans- gation. It is not intended and should fers, promotions and terminations at not be used to discriminate against all levels to insure nondiscriminatory any applicant or employee because of policy is carried out.

race, color, religion, sex, or national (b) The contractor should require origin. formal reports from unit managers on (43 FR 49249. Oct. 30. 1978: 43 FR 51401. a schedule basis as to degree to which Nov. 3. 1978) corporate or unit goals are attained and timetables met.

$ 60-2.31 Preemption. (c) The contractor should review To the extent that any State or local report results with all levels of man laws, regulations or ordinances, includagement.

ing those which grant special benefits (d) The contractor should advise top to persons on account of sex, are in management of program effectiveness conflict with Executive Order 11246, and submit recommendations to im- as amended, or with the requirements prove unsatisfactory performance. of this part, we will regard them as

preempted under the Executive order. $ 60-2.26 Support of action programs.

(a) The contractor should appoint $ 60-2.32 Supersedure. key members of management to serve All orders, instructions, regulations, on merit employment councils, com- and memoranda of the Secretary of munity relations boards and similar Labor, other officials of the Departorganizations.

ment of Labor and contracting agen(b) The contractor should encourage cies are hereby superseded to the minority and female employees to par- extent that they are inconsistent here. ticipate actively in National Alliance with, including a previous "Order No.

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