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.
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