739 

Federal Aviation Administration, DOT 

§ 152.407 

Secretary 

means the Secretary of 

Transportation or an authorized rep-
resentative of the Secretary within the 
Department of Transportation; 

SMSA 

means Standard Metropolitan 

Statistical Area. 

Sponsor 

means any public agency 

that, either individually or jointly 
with one or more other public agencies, 
submits to the Administrator, in ac-
cordance with this part, an application 
for financial assistance, or that con-
ducts a project for airport development 
or airport master planning, funded 
under this part; 

Underutilization 

means having fewer 

minorities or women in a particular job 
group than would reasonable be ex-
pected from their availability in— 

(1) The SMSA; or 
(2) In the absence of a defined SMSA, 

in the counties contiguous to the em-
ployer’s location, or the location where 
the work is to be performed, and in the 
areas from which persons may reason-
ably be expected to commute. 

§ 152.405 Assurances. 

The following assurances shall be in-

cluded in each application for financial 
assistance under this part: 

(a) 

Assurance. 

The grantee assures 

that it will undertake an affirmative 
action program, as required by 14 CFR 
part 152, subpart E, to ensure that no 
person shall, on the grounds of race, 
creed, color, national origin, or sex, be 
excluded from participating in any em-
ployment, contracting, or leasing ac-
tivities covered in 14 CFR part 152, sub-
part E. The grantee assures that no 
person shall be excluded, on these 
grounds, from participating in or re-
ceiving the services or benefits of any 
program or activity covered by this 
subpart. The grantee assures that it 
will require that its covered organiza-
tions provide assurances to the grantee 
that they similarly will undertake af-
firmative action programs and that 
they will require assurances from their 
suborganizations, as required by 14 
CFR part 152, subpart E, to the same 
effect. 

(b) 

Assurance. 

The grantee agrees to 

comply with any affirmative action 
plan or steps for equal employment op-
portunity required by 14 CFR part 152, 
subpart E, as part of the affirmative 

action program, and by any Federal, 
State, or local agency or court, includ-
ing those resulting from a conciliation 
agreement, a consent decree, court 
order, or similar mechanism. The 
grantee agrees that State or local af-
firmative action plans will be used in 
lieu of any affirmative action plan or 
steps required by 14 CFR part 152, sub-
part E, only when they fully meet the 
standards set forth in 14 CFR 152.409. 
The grantee agrees to obtain a similar 
assurance from its covered organiza-
tions, and to cause them to require a 
similar assurance of their covered sub-
organizations, as required by 14 CFR 
part 152, subpart E. 

§ 152.407 Affirmative action plan: Gen-

eral. 

(a) Except as provided in paragraph 

(b) of this section, each of the following 
shall have an affirmative action plan 
that meets the requirements of § 152.409 
and is kept on file for review by the 
FAA Office of Civil Rights: 

(1) Each sponsor who employs 50 or 

more employees in its aviation work-
force. 

(2) Each planning Agency which em-

ploys 50 or more employees in its agen-
cy for aviation purposes. 

(3) Each state political division, ad-

ministering a grant under the AADA to 
develop standards for airport develop-
ment at general aviation airports, 
which employs 50 or more employees in 
its aviation workforce. 

(b) A grantee is in compliance with 

paragraph (a) of this section, if it is 
subject to, and keeps on file for review 
by the FAA Office of Civil Rights, one 
of the following: 

(1) An affirmative action plan accept-

able to another Federal agency. 

(2) An affirmative action plan for a 

State or local agency that the covered 
organization certifies meets the stand-
ards in § 152.409. 

(3) A conciliation agreement, consent 

decree, or court order which provides 
short and long-range goals for equal 
employment opportunity similar to 
those which would be established in an 
affirmative action plan meeting the 
standards in § 152.409. 

(c) Each sponsor shall require each 

aviation related activity (other than 

740 

14 CFR Ch. I (1–1–24 Edition) 

§ 152.409 

construction contractors) which em-
ploys 50 or more employees on the air-
port to prepare, and keep on file for re-
view by the FAA Office of Civil Rights, 
an affirmative action plan developed in 
accordance with the standards in 
§ 152.409, unless the activity is subject 
to one of the mechanisms described in 
paragraphs (b) (1) through (3) of this 
section. 

(d) Each sponsor shall require each 

aviation related activity described in 
paragraph (c) of this section to simi-
larly require each of its covered sub-
organizations (other than construction 
contractors) which employs 50 or more 
employees on the airport to prepare, 
and to keep on file for review by the 
FAA Office of Civil Rights, an affirma-
tive action plan developed in accord-
ance with the standards in § 152.409, un-
less the suborganization is subject to 
one of the mechanisms described in 
paragraphs (b) (1) through (3) of this 
section. 

§ 152.409 Affirmative action plan 

standards. 

(a) Each affirmative action plan re-

quired by this subpart shall be devel-
oped in accordance with the following: 

(1) An analysis of the employer’s 

aviation workforce which groups em-
ployees into the following job cat-
egories: 

(i) Officials and managers. 
(ii) Professionals. 
(iii) Technicians. 
(iv) Sales workers. 
(v) Office and clerical workers. 
(vi) Craft workers (skilled). 
(vii) Operatives (semi-skilled). 
(viii) Laborers (unskilled). 
(ix) Service workers. 
(2) A comparison separately made of 

the percent of minorities and women in 
the employer’s present aviation work-
force (in each of the job categories list-
ed in paragraph (a)(1) of this section) 
with the percent of minorities and 
women in each of those categories in 
the total workforce located in the 
SMSA, or, in the absence of an SMSA, 
in the counties contiguous to the em-
ployer’s location or the location where 
the work is to be performed and in the 
areas from which persons may reason-
ably be expected to commute. This 
data on the total workforce of the ap-

plicable area will be supplied to grant-
ees by the FAA. Grantees shall make 
this data available to the other organi-
zations covered by this subpart. The 
comparison for minorities must be 
made only when minorities constitute 
at least 2 percent of the total work-
force in the geographical area used for 
the comparison. 

(3) A comparison, for the aviation 

workforce, of the total number of ap-
plicants and persons hired with the 
total number of minority and female 
applicants, and minorities and females 
hired, for the past year. Where this 
data is unavailable, the employer shall 
establish and maintain a system to 
provide the data, and shall make the 
comparison 120 days after establishing 
the data system. 

(4) Where the percentage of minori-

ties and women in the employer’s avia-
tion workforce, in each job category, is 
less than the minority and female per-
centage in any job category in the 
workforce of the geographical area 
used, an analysis, based on the com-
parison required by paragraph (a)(3) of 
this section, determining whether any 
of the following exists: 

(i) Insufficient flow of minority and 

female applicants. 

(ii) Disparate rejection of minority 

and female applicants. The FAA gen-
erally considers disparate rejection to 
exist whenever a selection rate for any 
race, sex, or ethnic group is less than 
80 percent of the rate for the race, sex, 
or ethnic group with the highest selec-
tion rate. 

(b) Each affirmative action plan re-

quired by this part shall be imple-
mented through an action-oriented 
program with goals and timetables de-
signed to eliminate obstacles to equal 
opportunity for women and minorities 
in recruitment and hiring, which shall 
include, but not be limited to: 

(1) Where disparate rejection of mi-

nority and female applicants is indi-
cated by the analysis required by para-
graph (a)(4) of this section, validation 
of those portions of the testing or se-
lection procedures which cause the dis-
parity in accordance with the ‘‘Uni-
form Guidelines on Employee Selec-
tion’’ (43 FR 38290; August 25, 1978), 
within 120 days of the analysis.