Goto Section: 90.165 | 90.169 | Table of Contents
FCC 90.168
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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.
(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
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
§ 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 § 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.
Goto Section: 90.165 | 90.169
Goto Year: 2010 |
2012
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