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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. 

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741 

Federal Aviation Administration, DOT 

§ 152.411 

(2) Where testing or selection proce-

dures cannot be validated, discontinu-
ation of their use. 

(3) Where an insufficient flow of mi-

nority and female applicants (less than 
the percentage available) is indicated 
by the analysis required by paragraph 
(a)(4) of this section, good faith efforts 
to increase the flow of minority and fe-
male applicants through the following 
steps, as appropriate: 

(i) Development or reaffirmation of 

an equal opportunity policy and dis-
semination of that policy internally 
and externally. 

(ii) Contact with minority and wom-

en’s organizations, schools with pre-
dominant minority or female enroll-
ments, and other recruitment sources 
for minorities and women. 

(iii) Encouragement of State and 

local employment agencies, unions, 
and other recruiting sources to ensure 
that minorities and women have ample 
information on, and opportunity to 
apply for, vacancies and to participate 
in examinations. 

(iv) Participation in special employ-

ment programs such as Co-operative 
Education Programs with predomi-
nantly minority and women’s colleges, 
‘‘After School’’ or Work Study pro-
grams, and Summer Employment. 

(v) Participation in ‘‘Job Fairs.’’ 
(vi) Participation of minority and fe-

male employees in Career Days, Youth 
Motivation Programs, and counseling 
and related activities in the commu-
nity. 

(vii) Encouragement of minority and 

female employees to refer applicants. 

(viii) Motivation, training, and em-

ployment programs for minority and 
female hard-core unemployed. 

§ 152.411 Affirmative action steps. 

(a) Each grantee which is not de-

scribed in § 152.407(a) and is not subject 
to an affirmative action plan, regu-
latory goals and timetables, or other 
mechanism providing for short and 
long-range goals for equal employment 
opportunity, shall make good faith ef-
forts to recruit and hire minorities and 
women for its aviation workforce as 
vacancies occur, by taking the affirma-
tive action steps in § 152.409(b)(3), as 
follows: 

(1) If it has 15 or more employees in 

its aviation workforce or employed for 
aviation purposes, by taking the af-
firmative action steps in § 152.409(b)(3), 
as appropriate; or 

(2) If it has less than 15 employees in 

its aviation workforce or employed for 
aviation purposes, by taking the af-
firmative action steps in § 152.409(b)(3) 
(i) and (ii), as appropriate. 

(b) Except as provided in paragraph 

(c) of this section, each sponsor shall 
require each of its aviation related ac-
tivities on its airport, that is not sub-
ject to an affirmative action plan, reg-
ulatory goals and timetables, or other 
mechanism which provides short and 
long-range goals for equal employment 
opportunity, to take affirmative action 
steps and cause them to similarly re-
quire affirmative action steps of their 
covered suborganizations, as follows: 

(1) Each aviation related activity or 

covered suborganization with less than 
50 but more than 14 employees, must 
take the affirmative action steps enu-
merated in § 152.409(b)(3), as appro-
priate. 

(2) Each aviation related activity or 

covered suborganization with less than 
15 employees, must take the affirma-
tive action steps enumerated in 
§ 152.409(b)(3) (i) and (ii), as appropriate. 

(c) Each sponsor shall require each 

construction contractor, that has a 
contract of $10,000 or more on its air-
port and that is not subject to an af-
firmative action plan, regulatory goals 
or timetables, or other mechanism 
which provides short and long-range 
goals for equal employment oppor-
tunity, to take the following affirma-
tive action steps: 

(1) The contractor must establish and 

maintain a current list of minority and 
female recruitment sources; provide 
written notification to these recruit-
ment sources and to community orga-
nizations when employment opportuni-
ties are available; and maintain a 
record of each organization’s response. 

(2) The contractor must maintain a 

current file of the names, addresses, 
and telephone numbers of each minor-
ity and female walk-in applicant and 
each referral from a union, a recruit-
ment source, or community organiza-
tion and the action taken with respect 
to each individual. Where an individual