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 

742 

14 CFR Ch. I (1–1–24 Edition) 

§ 152.413 

is sent to the union hiring hall for re-
ferral, but not referred back to the con-
tractor, or, if referred, not employed by 
the contractor, this shall be docu-
mented. The documentation shall in-
clude an explanation of, and informa-
tion on, any additional actions that 
the contractor may have taken. 

(3) The contractor must disseminate 

its equal employment opportunity pol-
icy internally— 

(i) By providing notice of the policy 

to unions and training programs; 

(ii) By including it in policy manuals 

and collective bargaining agreements; 

(iii) By publicizing it in the company 

newspaper, report, or other publica-
tion; and 

(iv) By specific review of the policy 

with all management personnel and 
with all employees at least once a year. 

(4) The contractor must disseminate 

the contractors’s equal employment 
opportunity policy externally— 

(i) By stating it in each employment 

advertisement in the news media, in-
cluding news media with high minority 
and female readership; and 

(ii) By providing written notification 

to, or participating in discussions with, 
other contractors and subcontractors 
with whom the contractor does busi-
ness. 

(5) The contractor must direct its re-

cruitment efforts to minority and fe-
male organizations, to schools with mi-
nority and female students, and to or-
ganizations which recruit and train mi-
norities and women, in the contractor’s 
recruitment area. 

(6) The contractor must encourage 

present minority and female employees 
to recruit other minorities and women. 

(7) The contractor must, where pos-

sible, provide after school, summer, 
and vacation employment to minority 
and female youth. 

(d) Each sponsor shall require each of 

its prime construction contractors on 
its airport, with a contract of $10,000 or 
more, to require each of the contrac-
tor’s subcontractors on the airport to 
comply with the affirmative action 
steps in paragraph (c) of this section, 
with which it does not already comply, 
unless the subcontractor is subject to 
an affirmative action plan, regulatory 
goals or timetables, or other mecha-
nism which provides short and long- 

range goals for equal employment op-
portunity, or the subcontract is less 
than $10,000. 

§ 152.413 Notice requirement. 

Each grantee shall give adequate no-

tice to employees and applicants for 
employment, through posters provided 
by the Secretary, that the FAA is com-
mitted to the requirements of section 
30 of the AADA, to ensure that no per-
son shall, on the grounds of race, creed, 
color, national origin, or sex, be ex-
cluded from participating in any activ-
ity conducted with funds authorized 
under this part. 

§ 152.415 Records and reports. 

(a) Each grantee shall keep on file for 

a period of three years or for the period 
during which the Federal financial as-
sistance is made available, whichever 
is longer, reports (other than those 
transmitted to the FAA), records, and 
affirmative action plans, if applicable, 
that will enable the FAA Office of Civil 
Rights to ascertain if there has been 
and is compliance with this subpart. 

(b) Each sponsor shall require its cov-

ered organizations to keep on file, for 
the period set forth in paragraph (a) of 
this section, reports (other than those 
submitted to the FAA), records, and af-
firmative action plans, if applicable, 
that will enable the FAA Office of Civil 
Rights to ascertain if there has been 
and is compliance with this subpart, 
and shall cause them to require their 
covered suborganizations to keep simi-
lar records as applicable. 

(c) Each grantee, employing 15 or 

more person, shall annually submit to 
the FAA a compliance report on a form 
provided by the FAA and a statistical 
report on a Form EEO–1 of the Equal 
Employment Opportunity Commission 
(EEOC) or any superseding EEOC form. 
If a grantee already is submitting a 
Form EEO–1 to another agency, the 
grantee may submit a copy of that 
form to the FAA as its statistical re-
port. The information provided shall 
include goals and timetables, if estab-
lished in compliance with the require-
ments of § 152.409 or with the require-
ments of another Federal agency or a 
State or local agency. 

(d) Each sponsor shall—