FCC 22.321 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 22.321 Equal employment opportunities.
Public Mobile 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 ensure 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 (FCC), 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 FCC 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 16 or more full-time employees shall
file with the FCC, no later than May 31st following the grant of that
licensee's first Public Mobile 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 16 or more
full-time employees that changes its existing equal employment opportunity
program shall file with the FCC, no later than May 31st thereafter, a
revised statement reflecting the change(s).
Note to paragraph (b) of Sec. 22.321: Licensees having 16 or more full-time
employees that were granted their first Public Mobile Services authorization
prior to January 1, 1995, and do not have a current EEO statement on file
with the FCC, must file such statement, required by paragraph (b) of this
section, 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 FCC 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 FCC 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 FCC 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 FCC maintains a liaison with that agency that keeps the FCC
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 FCC 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 FCC.
(4) The FCC 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 FCC under Sec. 1.815(a) of this chapter are
investigated by the FCC.
(e) FCC 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 FCC 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 FCC.
(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 FCC
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 2 years.
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