Goto Section: 76.73 | 76.77 | Table of Contents
FCC 76.75
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 76.75 Specific EEO program requirements.
Under the terms of its program, an employment unit must:
(a) Disseminate its equal employment opportunity program to job
applicants, employees, and those with whom it regularly does business.
For example, this requirement may be met by:
(1) Posting notices in the employment unit's office and places of
employment informing employees, and applicants for employment, of their
equal employment opportunity rights, and their right to notify the
Equal Employment Opportunity Commission, the Federal Communications
Commission, or other appropriate agency, if they believe they have been
discriminated against. Where a significant percentage of employees,
employment applicants, or residents of the community of a cable
television system of the relevant labor area are Hispanic, such notices
should be posted in Spanish and English. Similar use should be made of
other languages in such posted equal employment opportunity notices,
where appropriate;
(2) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of race,
color, religion, national origin, age or sex is prohibited and that
they may notify the Equal Employment Opportunity Commission, the
Federal Communications Commission, or other appropriate agency if they
believe they have been discriminated against.
(b) Establish, maintain and carry out a positive continuing program of
outreach activities designed to ensure equal opportunity and
nondiscrimination in employment. The following activities shall be
undertaken by each employment unit:
(1) Recruit for every full-time job vacancy in its operation. A job
filled by an internal promotion is not considered a vacancy for which
recruitment is necessary. Nothing in this section shall be interpreted
to require a multichannel video programming distributor to grant
preferential treatment to any individual or group based on race,
national origin, color, religion, age, or gender.
(i) An employment unit shall use recruitment sources for each vacancy
sufficient in its reasonable, good faith judgment to widely disseminate
information concerning the vacancy.
(ii) In addition to using such recruitment sources, a multichannel
video programming distributor employment unit shall provide
notification of each full-time vacancy to any organization that
distributes information about employment opportunities to job seekers
or refers job seekers to employers, upon request by such organization.
To be entitled to notice of vacancies, the requesting organization must
provide the multichannel video programming distributor employment unit
with its name, mailing address, e-mail address (if applicable),
telephone number, and contact person, and identify the category or
categories of vacancies of which it requests notice. (An organization
may request notice of all vacancies).
(2) Engage in at least two (if the unit has more than ten full-time
employees and is not located in a smaller market) or one (if the unit
has six to ten full-time employees and/or is located, in whole or in
part, in a smaller market) of the following initiatives during each
twelve-month period preceding the filing of an EEO program annual
report:
(i) Participation in at least two job fairs by unit personnel who have
substantial responsibility in the making of hiring decisions;
(ii) Hosting of at least one job fair;
(iii) Co-sponsoring at least one job fair with organizations in the
business and professional community whose membership includes
substantial participation of women and minorities;
(iv) Participation in at least two events sponsored by organizations
representing groups present in the community interested in multichannel
video programming distributor employment issues, including conventions,
career days, workshops, and similar activities;
(v) Establishment of an internship program designed to assist members
of the community in acquiring skills needed for multichannel video
programming distributor employment;
(vi) Participation in job banks, Internet programs, and other programs
designed to promote outreach generally (i.e., that are not primarily
directed to providing notification of specific job vacancies);
(vii) Participation in a scholarship program designed to assist
students interested in pursuing a career in multichannel video
programming communications;
(viii) Establishment of training programs designed to enable unit
personnel to acquire skills that could qualify them for higher level
positions;
(ix) Establishment of a mentoring program for unit personnel;
(x) Participation in at least two events or programs sponsored by
educational institutions relating to career opportunities in
multichannel video programming communications;
(xi) Sponsorship of at least one event in the community designed to
inform and educate members of the public as to employment opportunities
in multichannel video programming communications;
(xii) Listing of each upper-level category opening in a job bank or
newsletter of media trade groups whose membership includes substantial
participation of women and minorities;
(xiii) Provision of assistance to unaffiliated non-profit entities in
the maintenance of web sites that provide counseling on the process of
searching for multichannel video programming employment and/or other
career development assistance pertinent to multichannel video
programming communications;
(xiv) Provision of training to management level personnel as to methods
of ensuring equal employment opportunity and preventing discrimination;
(xv) Provision of training to personnel of unaffiliated non-profit
organizations interested in multichannel video programming employment
opportunities that would enable them to better refer job candidates for
multichannel video programming positions;
(xvi) Participation in other activities reasonably calculated by the
unit to further the goal of disseminating information as to employment
opportunities in multichannel video programming to job candidates who
might otherwise be unaware of such opportunities.
(c) Retain records sufficient to document that it has satisfied the
requirements of paragraphs (b)(1) and (b)(2) of this section. Such
records, which may be maintained in an electronic format, shall be
retained for a period of seven years. Such records need not be
submitted to the Commission unless specifically requested. The
following records shall be maintained:
(1) Listings of all full-time job vacancies filled by the cable
employment unit, identified by job title;
(2) For each such vacancy, the recruitment sources utilized to fill the
vacancy (including, if applicable, organizations entitled to
notification pursuant to paragraph (b)(1)(ii) of this section, which
should be separately identified), identified by name, address, contact
person, and telephone number;
(3) Dated copies of all advertisements, bulletins, letters, faxes,
e-mails, or other communications announcing job vacancies;
(4) Documentation necessary to demonstrate performance of the
initiatives required by paragraph (b)(2) of this section, if
applicable, including information sufficient to fully disclose the
nature of the initiative and the scope of the unit's participation,
including the unit personnel involved;
(5) The total number of interviewees for each vacancy and the referral
sources for each interviewee; and
(6) The date each vacancy was filled and the recruitment source that
referred the hiree.
(d) Undertake to offer promotions of minorities and women in a
non-discriminatory fashion to positions of greater responsibility. For
example, this requirement may be met by:
(1) Instructing those who make decisions on placement and promotion
that minority employees and females are to be considered without
discrimination, and that job areas in which there is little or no
minority or female representation should be reviewed to determine
whether this results from discrimination;
(2) Giving minority groups and female employees equal opportunity for
positions which lead to higher positions. Inquiring as to the interest
and skills of all lower paid employees with respect to any of the
higher paid positions, followed by assistance, counselling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions;
(3) Providing opportunity to perform overtime work on a basis that does
not discriminate against qualified minority group or female employees.
(e) Encourage minority and female entrepreneurs to conduct business
with all parts of its operation. For example, this requirement may be
met by:
(1) Recruiting as wide as possible a pool of qualified entrepreneurs
from sources such as employee referrals, community groups, contractors,
associations, and other sources likely to be representative of minority
and female interests.
(f) A multichannel video programming distributor shall analyze its
recruitment program on an ongoing basis to ensure that it is effective
in achieving broad outreach, and address any problems found as a result
of its analysis.
(g) Analyze on an ongoing basis its efforts to recruit, hire, promote
and use services without discrimination on the basis of race, national
origin, color, religion, age, or sex and explain any difficulties
encountered in implementing its equal employment opportunity program.
For example, this requirement may be met by:
(1) Where union agreements exist, cooperating with the union or unions
in the development of programs to ensure all persons equal opportunity
for employment, and including an effective nondiscrimination clause in
new or renegotiated union agreements;
(2) Reviewing seniority practices to ensure that such practices are
nondiscriminatory;
(3) Examining rates of pay and fringe benefits for employees having the
same duties, and eliminating any inequities based upon race, national
origin, color, religion, age, or sex discrimination;
(4) Evaluating the recruitment program to ensure that it is effective
in achieving a broad outreach to potential applicants.
(5) Utilizing media for recruitment purposes in a manner that will
contain no indication, either explicit or implicit, of a preference for
one race, national origin, color, religion, age, or sex over another;
and
(6) Avoiding the use of selection techniques or tests that have the
effect of discriminating against qualified minority groups or women.
(h) A full-time employee is a permanent employee whose regular work
schedule is 30 hours per week or more.
(i) The provisions of paragraphs (b)(1)(ii), (b)(2), (c), and (f) of
this section shall not apply to multichannel video programming
distributor employment units that have fewer than six full-time
employees.
(j) For the purposes of this rule, a smaller market includes
metropolitan areas as defined by the Office of Management and Budget
with a population of fewer than 250,000 persons and areas outside of
all metropolitan areas as defined by the Office of Management and
Budget.
[ 50 FR 40855 , Oct. 7, 1985, as amended at 65 FR 7457 , Feb. 15, 2000; 68 FR 691 , Jan. 7, 2003]
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Goto Section: 76.73 | 76.77
Goto Year: 2013 |
2015
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