Sec. 76.75 EEO program requirements.
An employment unit'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
employment unit size, location, etc.:
(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
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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) 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:
(1) Placing employment advertisements in media that have significant
circulation among minority-group people in the recruiting area;
(2) Recruiting through schools and colleges with significant
minority-group enrollments;
(3) Maintaining systematic contacts with minority and human
relations organizations, leaders, and spokesmen to encourage referral of
qualified minority or female applicants;
(4) Encouraging current employees to refer minority or female
applicants;
(5) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members and females
are being sought for consideration whenever the employment unit hires.
(c) Evaluate its employment profile and job turnover against the
availability of minorities and women in its franchise area. For example,
this requirement may be met by:
(1) Comparing composition of relevant labor area with the
composition of the entity's employees;
(2) Comparing its employees, within each job category, with the
people available for such positions;
(3) 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 protected group and
take appropriate action where necessary.
Note: These data are generally available on a metropolitan
statistical area (MSA), primany metropolitan statistical area (PMSA) or
county basis.
(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.
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(f) Analyze the results of its efforts to recruit, hire, promote,
and use the services of minorities and women 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 assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements;
(2) Avoiding use of selection techniques or tests that have the
effect of discriminating against qualified minority groups or females;
(3) Reviewing seniority practices to ensure that such practices are
nondiscriminatory;
(4) Examining rates of pay and fringe benefits for employees having
the same duties, and eliminating any inequities based upon race or sex
discrimination.
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