Sec.  23.55   Equal employment opportunities.

   (a) General policy. Equal opportunity in employment shall be afforded by all
   common carrier licensees or permittees to all qualified persons, and no
   personnel shall be discriminated against in employment because of sex, race,
   color, religion, or national origin.

   (b) Equal employment opportunity program. Each licensee or permittee 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. Under the terms of its program, a licensee
   or permittee shall:

   (1) 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.

   (2) Inform its employees and recognized employee organizations of the
   positive equal employment opportunity policy and program and enlist their
   cooperation.

   (3) 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.

   (4) Conduct a continuing campaign to exclude every form of prejudice or
   discrimination based upon sex, race, color, religion, or national origin,
   from the licensees' or permittees' personnel policies and practices and
   working conditions.

   (5) 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.

   (c) Additional information to be furnished to the Commission. (1) Equal
   Employment Programs to be filed by common carrier licensees or permittees.

   (i) All licensees or permittees will file a statement of their equal
   employment opportunity program not later than December 17, 1970, 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.

   (a) Any changes or amendments to existing programs should be filed with the
   Commission on April 1 of each year thereafter.

   (b) If a licensee or permittee has fewer than 16 full-time employees, no
   such statement need be filed.

   (2) The program should reasonably address itself to such specific areas as
   set forth below, to the extent that they are appropriate in terms of
   licensee size, location, etc.

   (i) To assure nondiscrimination in recruiting. (a) Posting notices in the
   licensee's or permittee's offices informing applicants for employment of
   their equal employment rights and their right to notify the Equal Employment
   Opportunity Commission, the Federal Communications Commission, or other
   appropriate agency. Where a substantial number of applicants are
   Spanish-surnamed Americans such notice should be posted in 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
   Equal Employment Opportunity Commission, the Federal Communications
   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-group people 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 spokesmen 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
   personally those on the staff of the licensee or permittee 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 which have the effect of
   discriminating against minority groups or females.

   (iii) To assure nondiscriminatory placement and promotion. (a) Instructing
   personally those of the licensee's or permittee's staff 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, which 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) Proving opportunity to perform overtime work on a basis that does not
   discriminate against qualified minority group or female employees.

   (d) Report of complaints filed against licensees and permittees. (1) All
   licensees or permittees shall submit an annual report to the FCC no later
   than May 31 of each year indicating whether any complaints regarding
   violations by the licensee or permittee of equal employment provisions of
   Federal, State, Territorial, or local law have been filed before any body
   having competent jurisdiction.

   (i) 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.

   (ii) Any licensee or permittee who has filed such information with the EEOC
   need not do so with the Commission, if such previous filing is indicated.

   (e) Complaints of violations of Equal Employment Programs. (1) Complaints
   alleging employment discrimination against a common carrier licensee will be
   considered by the Commission in the following manner:

   (i) If a complaint raising an issue of discrimination is received against a
   licensee or permittee who is within the jurisdiction of the EEOC, it will be
   submitted to that agency. The Commission will maintain a liaison with that
   agency which will keep the Commission informed of the disposition of
   complaints filed against any of the common carrier licensees.

   (ii) Complaints alleging employment discrimination against a common carrier
   licensee of permittee 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.

   (iii) Complaints alleging employment discrimination against a common carrier
   licensee or permittee who does not fall under the jurisdiction of the EEOC
   or an appropriate State law, will be accorded appropriate treatment by the
   FCC.

   (iv) The Commission will consult with the EEOC on all matters relating to
   the evaluation and determination of compliance by the common carrier
   licensees or permittees with the principles of equal employment as set forth
   herein.

   (2) Complaints indicating a general pattern of disregard of equal employment
   practices which are received against a licensee or permittee who is required
   to file an employment report to the Commission under  Sec. 1.815(a) of this
   chapter will be investigated by the Commission.

   (f) Records available to public—(1) Commission records. A copy of every
   annual employment report, equal employment opportunity program, and 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 permittee or 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.

   (2) Records to be maintained locally for public inspection by licensees or
   permittees—(i) Records to be maintained. Each licensee or permittee required
   to file annual employment reports, equal employment opportunity programs,
   and annual reports on complaints regarding violations of equal employment
   provisions of Federal, State, Territorial, or local law shall maintain for
   public inspection, in the same manner and in the same locations as required
   for the keeping and posting of tariffs as set forth in  Sec. 61.72 of this
   chapter, 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 permittee or licensee and the Commission
   pertaining to the reports after they have been filed and all documents
   incorporated therein by reference.

   (ii) Period of retention. The documents specified in paragraph (f)(2)(i) of
   this section shall be maintained for a period of 2 years.

   [ 35 FR 12894 , Aug. 14, 1970, as amended at  36 FR 3119 , Feb. 18, 1971.
   Redesignated at  38 FR 22481 , Aug. 21, 1973]
   Browse Previous | Browse Next
             _________________________________________________

  For questions or comments regarding e-CFR editorial content, features, or
                        design, email ecfr@nara.gov.
   For questions concerning e-CFR programming and delivery issues, email
                              webteam@gpo.gov.
                        Section 508 / Accessibility

                        Last updated: August 7, 2006