Sec. 90.168  Equal employment opportunities.

    Commercial Mobile Radio Services licensees shall afford equal 
opportunity in employment to all qualified persons, and personnel must 
not be discriminated against in employment because of sex, race, color, 
religion, or national origin.
    (a) Equal employment opportunity program. Each licensee shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of employment policy and practice.
    (1) Under the terms of its program, each licensee shall:
    (i) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (ii) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (iii) Communicate its equal employment opportunity policy and 
program and its employment needs to sources of qualified applicants 
without regard to sex, race, color, religion or national origin, and 
solicit their recruitment assistance on a continuing basis.
    (iv) Conduct a continuing campaign to exclude every form of 
prejudice or discrimination based upon sex, race, color, religion, or 
national origin, from the licensee's personnel policies and practices 
and working conditions.
    (v) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (2) The program must reasonably address specific concerns through 
policies and actions as set forth in this paragraph, to the extent that 
they are appropriate in consideration of licensee size, location and 
other factors.
    (i) To assure nondiscrimination in recruiting.

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    (A) Posting notices in the licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission (EEOC), the Federal 
Communications Commission (Commission), or other appropriate agency. 
Where a substantial number of applicants are Spanish-surnamed Americans, 
such notice should be posted in both Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited, and that they 
may notify the EEOC, the Commission, or other appropriate agency if they 
believe they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage referral 
of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring.
    (A) Instructing employees of the licensee who make hiring decisions 
that all applicants for all jobs are to be considered without 
discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion.
    (A) Instructing employees of the licensee who make decisions on 
placement and promotion that minority employees and females are to be 
considered without discrimination, and that job areas in which there is 
little or no minority or female representation should be reviewed to 
determine whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) to assure nondiscrimination in other areas of employment 
practices.
    (A) Examining rates of pay and fringe benefits for present employees 
with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (b) EEO statement. Each licensee having sixteen (16) or more full-
time employees shall file with the Commission, no later than May 31st 
following the grant of that licensee's first Commercial Mobile Radio 
Services authorization, a statement describing fully its current equal 
employment opportunity program, indicating specific practices to be 
followed in order to assure equal employment opportunity on the basis of 
sex, race, color, religion, or national origin in such aspects of 
employment practices as regards recruitment, selection, training, 
placement, promotion, pay, working conditions, demotion, layoff, and 
termination. Any licensee having sixteen (16) or more full-time

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employees that changes its existing equal employment opportunity program 
shall file with the Commission, no later than May 31st thereafter, a 
revised statement reflecting the change(s).

    Note:  Commercial mobile radio service licensees having sixteen (16) 
or more full-time employees that do not have a current EEO statement on 
file with the Commission as of January 2, 1995, must file the statement 
required by this paragraph no later than May 31, 1995.

    (c) Report of complaints filed against licensees. Each licensee, 
regardless of how many employees it has, shall submit an annual report 
to the Commission no later than May 31st of each year indicating whether 
any complaints regarding violations by the licensee or equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the Commission in lieu of a 
report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the Commission in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of the EEOC, it is 
submitted to that agency. The Commission maintains a liaison with that 
agency that keeps the Commission informed of the disposition of 
complaints filed against common carrier licensees.
    (2) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
but is covered by appropriate enforceable State law, to which penalties 
apply, may be submitted by the Commission to the respective State 
agency.
    (3) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC or 
an appropriate State law, are accorded appropriate treatment by the 
Commission.
    (4) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance by the common 
carrier licensees with the principles of equal employment as set forth 
herein.
    (5) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee that is 
required to file an employment report to the Commission under 
Sec. 1.815(a) of this chapter are investigated by the Commission.
    (e) Commission records. A copy of every annual employment report, 
equal employment opportunity program statement, reports on complaints 
regarding violation of equal employment provisions of Federal, State, 
Territorial, or local law, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (f) Licensee records. Each licensee required to file annual 
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal 
employment opportunity program statements, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, Territorial, or local law shall maintain for public 
inspection a file containing a copy of each such report and copies of 
all exhibits, letters, and other documents filed as part thereto, all 
correspondence between the licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference. The documents must be retained for a period of two 
(2) years.

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