Sec.  22.321   Equal employment opportunities.

   

   Public  Mobile  Services  licensees  shall afford equal opportunity in
   employment  to  all  qualified  persons,  and  personnel  must  not be
   discriminated  against  in  employment  because  of  sex, race, color,
   religion, or national origin.

   (a)   Equal   employment  opportunity  program.  Each  licensee  shall
   establish,  maintain,  and  carry out a positive continuing program of
   specific  practices  designed  to  assure  equal  opportunity in every
   aspect of employment policy and practice.

   (1) Under the terms of its program, each licensee shall:

   (i)  Define the responsibility of each level of management to insure a
   positive  application  and vigorous enforcement of the policy of equal
   opportunity,   and   establish  a  procedure  to  review  and  control
   managerial and supervisory performance.

   (ii) Inform its employees and recognized employee organizations of the
   positive  equal  employment  opportunity policy and program and enlist
   their cooperation.

   (iii)  Communicate its equal employment opportunity policy and program
   and  its  employment  needs to sources of qualified applicants without
   regard  to  sex, race, color, religion or national origin, and solicit
   their recruitment assistance on a continuing basis.

   (iv)  Conduct a continuing campaign to exclude every form of prejudice
   or  discrimination  based upon sex, race, color, religion, or national
   origin,  from  the  licensee's  personnel  policies  and practices and
   working conditions.

   (v)  Conduct  a  continuing  review  of  job  structure and employment
   practices  and  adopt  positive  recruitment, training, job design and
   other   measures  needed  in  order  to  ensure  genuine  equality  of
   opportunity   to   participate  fully  in  all  organizational  units,
   occupations and levels of responsibility.

   (2)  The  program  must  reasonably  address specific concerns through
   policies  and  actions  as  set forth in this paragraph, to the extent
   that  they are appropriate in consideration of licensee size, location
   and other factors.

   (i)  To assure nondiscrimination in recruiting. (A) Posting notices in
   the  licensee's  offices  informing applicants for employment of their
   equal employment rights and their right to notify the Equal Employment
   Opportunity  Commission  (EEOC), the Federal Communications Commission
   (FCC),  or  other  appropriate  agency.  Where a substantial number of
   applicants  are  Spanish-surnamed  Americans,  such  notice  should be
   posted in both Spanish and English.

   (B)  Placing  a  notice  in  bold  type  on the employment application
   informing  prospective  employees  that discrimination because of sex,
   race,  color, religion or national origin is prohibited, and that they
   may  notify  the  EEOC,  the  FCC  or other appropriate agency if they
   believe they have been discriminated against.

   (C)  Placing employment advertisements in media which have significant
   circulation among minority groups in the recruiting area.

   (D)  Recruiting through schools and colleges with significant minority
   group enrollments.

   (E)  Maintaining systematic contacts with minority and human relations
   organizations,  leaders  and  spokespersons  to  encourage referral of
   qualified minority or female applicants.

   (F)   Encouraging  present  employees  to  refer  minority  or  female
   applicants.

   (G)  Making  known  to  the  appropriate  recruitment  sources  in the
   employer's  immediate  area  that qualified minority members are being
   sought for consideration whenever the licensee hires.

   (ii)   To  assure  nondiscrimination  in  selection  and  hiring.  (A)
   Instructing  employees  of the licensee who make hiring decisions that
   all   applicants   for   all   jobs   are  to  be  considered  without
   discrimination.

   (B) 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.

   (C) Avoiding use of selection techniques or tests that have the effect
   of discriminating against minority groups or females.

   (iii)   To  assure  nondiscriminatory  placement  and  promotion.  (A)
   Instructing  employees of the licensee 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.

   (B)  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,  counseling,  and
   effective  measures to enable employees with interest and potential to
   qualify themselves for such positions.

   (C)  Reviewing  seniority  practices to insure that such practices are
   nondiscriminatory and do not have a discriminatory effect.

   (D) Avoiding use of selection techniques or tests that have the effect
   of discriminating against minority groups or females.

   (iv)   To  assure  nondiscrimination  in  other  areas  of  employment
   practices.  (A) Examining rates of pay and fringe benefits for present
   employees with equivalent duties and adjusting any inequities found.

   (B)  Providing  opportunity  to  perform overtime work on a basis that
   does  not  discriminate  against  qualified  minority groups or female
   employees.

   (b) EEO statement. Each licensee having 16 or more full-time employees
   shall file with the FCC, no later than May 31st following the grant of
   that   licensee's   first  Public  Mobile  Services  authorization,  a
   statement  describing  fully  its current equal employment opportunity
   program,  indicating  specific  practices  to  be followed in order to
   assure  equal employment opportunity on the basis of sex, race, color,
   religion or national origin in such aspects of employment practices as
   regards  recruitment,  selection, training, placement, promotion, pay,
   working  conditions,  demotion,  layoff  and termination. Any licensee
   having  16 or more full-time employees that changes its existing equal
   employment  opportunity program shall file with the FCC, no later than
   May 31st thereafter, a revised statement reflecting the change(s).

   Note  to  paragraph  (b)  of  Sec. 22.321:  Licensees  having  16  or more
   full-time  employees  that  were  granted  their  first  Public Mobile
   Services  authorization  prior  to  January 1, 1995, and do not have a
   current  EEO statement on file with the FCC, must file such statement,
   required by paragraph (b) of this section, no later than May 31, 1995.

   (c)  Report  of  complaints  filed  against  licensees. Each licensee,
   regardless of how many employees it has, shall submit an annual report
   to  the FCC no later than May 31st of each year indicating whether any
   complaints  regarding  violations  by the licensee or equal employment
   provisions  of  Federal,  State,  Territorial,  or local law have been
   filed before anybody having competent jurisdiction.

   (1) The report should state the parties involved, the date filing, the
   courts  or  agencies  before  which  the  matters have been heard, the
   appropriate  file  number  (if any), and the respective disposition or
   current status of any such complaints.

   (2) Any licensee who has filed such information with the EEOC may file
   a notification of such filing with the FCC in lieu of a report.

   (d)  Complaints of violations of Equal Employment Programs. Complaints
   alleging  employment  discrimination against a common carrier licensee
   are considered by the FCC in the following manner:

   (1)  If  a  complaint  raising  an issue of discrimination is received
   against  a  licensee who is within the jurisdiction of the EEOC, it is
   submitted to that agency. The FCC maintains a liaison with that agency
   that  keeps  the  FCC  informed of the disposition of complaints filed
   against common carrier licensees.

   (2)  Complaints  alleging  employment  discrimination against a common
   carrier  licensee who does not fall under the jurisdiction of the EEOC
   but  is  covered  by  appropriate  enforceable  State  law,  to  which
   penalties  apply,  may be submitted by the FCC to the respective State
   agency.

   (3)  Complaints  alleging  employment  discrimination against a common
   carrier  licensee who does not fall under the jurisdiction of the EEOC
   or an appropriate State law, are accorded appropriate treatment by the
   FCC.

   (4)  The FCC will consult with the EEOC on all matters relating to the
   evaluation  and  determination  of  compliance  by  the common carrier
   licensees with the principles of equal employment as set forth herein.

   (5)  Complaints  indicating  a  general  pattern of disregard of equal
   employment  practices  which  are  received against a licensee that is
   required  to  file  an employment report to the FCC under Sec. 1.815(a) of
   this chapter are investigated by the FCC.

   (e)  FCC  records.  A  copy  of  every annual employment report, equal
   employment   opportunity  program  statement,  reports  on  complaints
   regarding  violation of equal employment provisions of Federal, State,
   Territorial,  or  local  law, and copies of all exhibits, letters, and
   other  documents  filed  as  part thereof, all amendments thereto, all
   correspondence  between  the  licensee  and  the FCC pertaining to the
   reports  after  they  have  been  filed and all documents incorporated
   therein by reference, are open for public inspection at the offices of
   the FCC.

   (f) Licensee records. Each licensee required to file annual employment
   reports  (pursuant  to  Sec. 1.815(a)  of  this chapter), equal employment
   opportunity  program  statements,  and  annual  reports  on complaints
   regarding violations of equal employment provisions of Federal, State,
   Territorial,  or local law shall maintain for public inspection a file
   containing  a  copy  of  each  such report and copies of all exhibits,
   letters, and other documents filed as part thereto, all correspondence
   between  the licensee and the FCC pertaining to the reports after they
   have  been  filed and all documents incorporated therein by reference.
   The documents must be retained for a period of 2 years.