§  90.168   Equal employment opportunities.

   Commercial Mobile Radio 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 insure 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 (Commission), 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 Commission, 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 sixteen (16) or more full-time
   employees shall file with the Commission, no later than May 31st
   following the grant of that licensee's first Commercial Mobile Radio
   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 sixteen (16) or more full-time
   employees that changes its existing equal employment opportunity
   program shall file with the Commission, no later than May 31st
   thereafter, a revised statement reflecting the change(s).

   Note: Commercial mobile radio service licensees having sixteen (16) or
   more full-time employees that do not have a current EEO statement on
   file with the Commission as of January 2, 1995, must file the statement
   required by this paragraph 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 Commission 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 Commission 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 Commission 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 Commission maintains a liaison with that
   agency that keeps the Commission 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 Commission 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
   Commission.

   (4) The Commission 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 Commission under
   § 1.815(a) of this chapter are investigated by the Commission.

   (e) Commission 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 Commission 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 Commission.

   (f) Licensee records. Each licensee required to file annual employment
   reports (pursuant to § 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 Commission 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 two (2)
   years.