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shall be required to show that it has poses of complaint investigations, and established and will carry out employ- investigations of performance under ment policies and practices in compli- the affirmative action clause of the ance with the affirmative action contract or subcontract. Information clause.
obtained in this manner shall be used
only in connection with the adminis$ 60-741.51 Intimidation and interference.
tiation of the Act. The sanctions and penalties contained in this regulation may be exer
$ 9–741.54 Rulings and interpretations. cised by the agency or the Director Rulings under or interpretations of against any prime contractor or sub- the Act and the regulations contained contractor, who fails to take all neces- in this part 741 shall be made by the sary steps to ensure that no person in- Secretary or his or her designee. timidates, threatens, coerces, or discriminates against any individual for
APPENDIX A-GUIDELINES ON THE APPLICAthe purpose of interfering with the
TION OF THE DEFINITION “HANDICAPPED IN
DIVIDUAL" filing of a complaint, furnishing information, or assisting or participating in The Rehabilitatior Act of 1973, as amendany manner in an investigation, com
ed, defines a handicapped individual for the pliance review, hearing, or any other
purposes of the program as any person who
has a physical or mental impairment which activity related to the administration
substantially limits one or more of such perof the Act.
son's major life activities, has a record of
such impairment, or is regarded as having $ 60-741.52 Recordkeeping.
such an impairment. (a) Each contractor and subcontrac- “Life activities" may be considered to in. tor shall maintain for a period not less
clude communication, ambulation, selfcare,
socialization, education, vocational training, than one year records regarding com
employment, transportation, adapting to plaints and actions taken thereunder,
housing, etc. For the purpose of section 503 and such employment or other records
of the Act, primary attention is given to as required by the Director or agency those life activities that affect employabil. or by this part and shall furnish such ity. information in the form required by The phrase "substantially limits" means the Director or agency or as the Direc- the degree that the impairment affects emtor deems necessary for the adminis
ployability. A handicapped individual who is tration of the Act and regulations
likely to experience difficulty in securing, issued under this part.
retaining or advancing in employment
would be considered substantially limited. (b) Failure to maintain complete and "Has a record of such an impairment" accurate records as required under means that an individual may be completely this section or failure to update annu- recovered from a previous physical or ally the affirmative action program as
mental impairment. It is included because required by $ 60-741.5(b) constitutes
the attitude of employers, supervisors, and noncompliance with the contractor's
coworkers toward that previous impairment or subcontractor's obligations under
may result in an individual experiencing dif
ficulty in securing, retaining, or advancing the affirmative action clause and is a
in employment. The mentally restored, ground for the imposition of appropri- those who have had heart attacks or cancer ate sanctions.
often experience such difficulty. Also, this
part of the definition would include individ(41 FR 16148, Apr. 16, 1976; 42 FR 3307,
uals who may have been erroneously classiJan. 18, 1977)
fied and may experience discrimination $ 60-741.53 Access to records of employ
based on this misclassification. This group
may include persons such as those who have ment.
been misclassified as mentally retarded or Each prime contractor and subcon- mentally restored. tractor shall permit access during
"Is regarded as having such an impairnormal business hours to its places of
ment” refers to those individuals who are business, books, records and accounts
perceived as having a handicap, whether an
impairment exists or not, but who, because pertinent to compliance with the Act,
of attitudes or for any other reason, are reand all rules and regulations promul- garded as handicapped by employers, or sugated pursuant thereto for the pur- pervisors who have an effect on the individ
ual securing, retaining or advancing in em. ployment.
APPENDIX B 1. This employer is a government contractor subject to section 503 of the Rehabilitation Act of 1973, which requires government contractors to take affirmative action to employ and advance in employment qualified handicapped individuals. If you have such a handicap and would like to be considered under the affirmative action program, please tell us. Submission of this information is voluntary and refusal to provide it will not subject you to discharge or disci. plinary treatment. Information obtained concerning individuals shall be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of handicapped individuals, and regarding necessary accommodations, (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment, and (iii) government officials investigating compliance with the Act shall be informed.
2. If you are handicapped, we would like to include you under the affirmative action program. It would assist us if you tell us about (1) any special methods, skills and procedures which qualify you for positions that you might not otherwise be able to do because of your handicap, so that you will be considered for any positions of that kind, and (2) the accommodations which we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job, or other accommodations.
APPENDIX C The following is a set of procedures which contractors may use to meet the requirements of $ 60-741.6(b).
(1) The application or personnel form of each known handicapped applicant should be annotated to identify each vacancy for which the applicant was considered, and the form should be quickly retrievable for review by the agency, the Department of Labor and the contractor's personnel officials for use in investigations and internal cor.ipliance activities.
(2) The personnel or application records of each known handicapped employee should include (i) the identification of each promotion for which the handicapped employee was considered, and (ii) the identification of each training program for which the handicapped employee was considered.
(3) In each case where a handicapped em ployee or applicant is rejected for employment, promotion or training, a statement of the reasons should be appended to the personnel file or application form. This statement should include a comparison of the qualifications of the handicapped applicant or employee and thi person(s) selected, as well as a description of the accommodations considered. This statement should be available to the applicant or employee concerned upon request.
(4) Where applicants or employees are selected for hire, promotion or training and the contractor undertakes any accommodation which makes it possible for him or her to place a handicapped individual on the job, the application form or personnel record should contain a description of that accommodation.
CHAPTERS 61-100 (RESERVED]
A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected
Table of CFR Titles and Chapters
(As of July 3, 1978)
Title 1-General Provisions
II III IV
Administrative Committee of the Federal Register (Parts 0-49)
Title 3— The President
General Accounting Office (Parts 0-99)
Office-Department of Justice) (Parts 100-299)
Title 5-Administrative Personnel
I Civil Service Commission (Parts 0-1199) III Office of Management and Budget (Parts 1300-1399) IV Advisory Committee on Federal Pay (Parts 1400-1499) V The International Organizations Employees Loyalty Board
(Parts 1500-1599) VI
Department of Defense (Parts 1600-1699) VII Advisory Commission on Intergovernmental Relations (Parts
1700-1799) IX Appalachian Regional Commission (Parts 1900-1999)
XI United States Soldiers' and Airmen's Home (Parts 2100-2199) XIV Federal Labor Relations Council and Federal Service Impasses
Panel (Parts 2400-2499)