§  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]