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— 

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Federal Aviation Administration, DOT 

§ 152.423 

(1) Require each of its aviation-re-

lated activities (except construction 
contractors), employing 15 or more per-
sons, to annually submit to the sponsor 
the reports required by paragraph (c) of 
this section, on the same basis as stat-
ed in paragraph (c) of this section, and 
shall cause each aviation-related activ-
ity to require its covered suborganiza-
tions, with 15 or more employees, to 
annually submit the reports required 
by paragraph (c) of this section 
through the prime organization to the 
sponsor, for transmittal by the sponsor 
to the FAA. 

(2) Annually collect from its aviation 

related activities employing less than 
15 employees, and transmit to the FAA 
an aggregate employment report, that 
includes the employment of sponsors 
with less than 15 employees, on an 
EEO–1 or any superseding EEOC form. 

(e) Each sponsor shall require each of 

its construction contractors on its air-
port, with a contract of $10,000 or more, 
which is not subject to E.O. 11246 and 
the regulations of the Department of 
Labor (DOL), to submit to the sponsor, 
at the conclusion of the project, a com-
pliance report on a form provided by 
the FAA and a statistical report on a 
DOL Form 257 or any superseding DOL 
form. For projects exceeding six 
months, the sponsor shall require a 
midway compliance report. The spon-
sor shall submit these reports to the 
FAA. 

(f) Each sponsor shall cause each of 

its construction contractors on its air-
port to require each of the contractor’s 
subcontractors, with a subcontract of 
$10,000 or more, which are not subject 
to E.O. 11246 and the regulations of the 
DOL, to submit the reports required by 
paragraph (e) of this section to the 
prime contractor for submission to the 
sponsor. The sponsor shall transmit 
these reports to the FAA. 

(g) Each organization required to pre-

pare an affirmative action plan for the 
FAA under this subpart shall update it 
annually and as changed circumstances 
require. Each organization that has 
prepared a plan in compliance with the 
requirements of another Federal agen-
cy or a State or local agency, shall up-
date it in accordance with the require-
ments of that agency. 

§ 152.417 Monitoring employment. 

(a) Each grantee shall allow the FAA 

Office of Civil Rights to monitor its 
equal employment opportunity compli-
ance with this subpart through on-site 
reviews and desk audits. Reviews or au-
dits will include the records submitted 
under § 152.415. 

(b) As it deems necessary, the FAA 

Office of Civil Rights will conduct on- 
site or desk audits of covered aviation 
related activities on airports. 

§ 152.419 Minority business. 

Each person subject to this subpart is 

required to comply with the Minority 
Business Enterprise Regulations of the 
Department. 

§ 152.421 Public accommodations, serv-

ices, and benefits. 

Requirements relating to the provi-

sion of public accommodations, serv-
ices, and other benefits to beneficiaries 
under Title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d 

et seq.

) and part 

21 of the regulations of the Office of the 
Secretary of Transportation (49 CFR 
part 21) implementing Title VI are 
made applicable, where appropriate, to 
nondiscrimination and affirmative ac-
tion on the basis of sex or creed, and 
shall be complied with by each appli-
cant for assistance and each grantee. 

§ 152.423 Investigation and enforce-

ment. 

(a) 

Complaints. 

Any person who be-

lieves that he or she has been subjected 
to discrimination prohibited by this 
subpart may personally, or through a 
representative, file a complaint with 
the Director of the Departmental Of-
fice of Civil Rights. A complaint must 
be in writing and filed not later than 
180 days after the date of the alleged 
discrimination, unless the time for fil-
ing is extended by the Director. 

(b) 

Investigations and informal resolu-

tions. 

The Departmental Office of Civil 

Rights will make a prompt investiga-
tion whenever a complaint, compliance 
review, report, or any other informa-
tion indicates a possible failure to 
comply with this subpart. The proce-
dures in 49 CFR part 21, augmented as 
appropriate by the investigative proce-
dures of part 13 of this chapter, will be 
followed, except that—