Sec. 73.2080  Equal employment opportunities.

    (a) General EEO policy. Equal opportunity in employment shall be 
afforded by all licensees or permittees of commercially or 
noncommercially operated AM, FM, TV, or international broadcast stations 
(as defined in this part) to all qualified persons, and no person shall 
be discriminated against in employment by such stations because of race, 
color, religion, national origin, or sex.
    (b) EEO program. Each broadcast station shall establish, maintain, 
and carry out a positive continuing program of specific practices 
designed to ensure equal opportunity in every aspect of station 
employment policy and practice. Under the terms of its program, a 
station shall:
    (1) Define the responsibility of each level of management to ensure 
a positive application and vigorous enforcement of its policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance;
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation;
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to race, color, religion, national origin, or sex, and solicit 
their recruitment assistance on a continuing basis;
    (4) Conduct a continuing program to exclude all unlawful forms of 
prejudice or discrimination based upon race, color, religion, national 
origin, or sex from its personnel policies and practices and working 
conditions; and
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, job design, and other measures 
needed to ensure genuine equality of opportunity to participate fully in 
all organizational units, occupations, and levels of responsibility.
    (c) EEO program requirements. A broadcast station's equal employment 
opportunity program should reasonably address itself to the specific 
areas set forth below, to the extent possible, and to the extent that 
they are appropriate in terms of the station's size, location, etc.:
    (1) Disseminate its equal opportunity program to job applicants and 
employees. For example, this requirement may be met by:

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    (i) Posting notices in the station's office and other places of 
employment, informing employees, and applicants for employment, of their 
equal employment opportunity rights. Where it is appropriate, such equal 
employment opportunity notices should be posted in languages other than 
English;
    (ii) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of race, 
color, religion, national origin, or sex is prohibited;
    (iii) Seeking the cooperation of labor unions, if represented at the 
station, in the implementation of its EEO program and the inclusion of 
non-discrimination provisions in union contracts;
    (iv) Utilizing media for recruitment purposes in a manner that will 
contain no indication, either explicit or implicit, of a preference for 
one sex over another and that can be reasonably expected to reach 
minorities and women.
    (2) Use minority organizations, organizations for women, media, 
educational institutions, and other potential sources of minority and 
female applicants, to supply referrals whenever job vacancies are 
available in its operation. For example, this requirement may be met by:
    (i) Placing employment advertisements in media that have significant 
circulation among minorities residing and/or working in the recruiting 
area;
    (ii) Recruiting through schools and colleges, including those 
located in the station's local area, with significant minority-group 
enrollments;
    (iii) Contacting, both orally and in writing, minority and human 
relations organizations, leaders, and spokesmen and spokeswomen to 
encourage referral of qualified minority or female applicants;
    (iv) Encouraging current employees to refer minority or female 
applicants;
    (v) Making known to recruitment sources in the employer's immediate 
area that qualified minority members and females are being sought for 
consideration whenever you hire and that all candidates will be 
considered on a nondiscriminatory basis.
    (3) Evaluate its employment profile and job turnover against the 
availability of minorities and women in its recruitment area. For 
example, this requirement may be met by:
    (i) Comparing the composition of the relevant labor area with 
composition of the station's workforce;
    (ii) Where there is underrepresentation of either minorities and/or 
women, examining the company's personnel policies and practices to 
assure that they do not inadvertently screen out any group and take 
appropriate action where necessary. Data on representation of minorities 
and women in the available labor force are generally available on a 
metropolitan statistical area (MSA) or county basis.
    (4) Undertake to offer promotions of qualified minorities and women 
in a nondiscriminatory fashion to positions of greater responsibility. 
For example, this requirement may be met by:
    (i) Instructing those who make decisions on placement and promotion 
that qualified 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;
    (ii) Giving qualified minority 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.
    (5) Analyze its efforts to recruit, hire, and promote minorities and 
women and address any difficulties encountered in implementing its equal 
employment opportunity program. For example, this requirement may be met 
by:
    (i) Avoiding use of selection techniques or tests that have the 
effect of discriminating against qualified minority groups or females;
    (ii) Reviewing seniority practices to ensure that such practices are 
nondiscriminatory;
    (iii) Examining rates of pay and fringe benefits for employees 
having the same duties, and eliminating any inequities based upon race 
or sex discrimination.
    (d) Mid-term review for television broadcast stations. The 
Commission will conduct a mid-term review of the employment practices of 
each broadcast television station at two and one half

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years following the station's most recent license expiration date as 
specified in Sec. 73.1020. The Commission will use the employment 
profile information provided on the first two Form 395-B reports 
submitted following such license expiration date to determine whether 
television station's employment profiles as compared to the applicable 
labor force data, are in compliance with the Commission's processing 
criteria. Television broadcast stations which employment profiles fall 
below the processing criteria will receive a letter noting any necessary 
improvements identified as a result of the review.

[ 52 FR 26684 , July 16, 1987, as amended at  58 FR 42249 , Aug. 9, 1993]