Regulations for Affirmative Action Contract Compliance Programs to End Sex-Based Discrimination, 1971

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‘REGULATIONS FOR AFFIRMATIVE ACTION CONTRACT COMPLIANCE .
 PROGRAMS TO END SEX-BASED DISCRIMINATION
 
 Section 1., Every bidder for a City contract as
 defined in subdivision a of section one of Executive Order
 No. 71 for the year 1968, shall develop an affirmative
 action program to eliminate discrimination on the basis of
 sex in the employment practices of his business, firm, or'
 company. Such affirmative action program shall be sub—
 mitted to the contracting agency prior to the award of a
 City contract. 
 
 b. An affirmative action program shall be a body
 of procedures, in writing, formulated by a contractor ass
 prescribed by these rules and regulations, which analyzes
 a contractor's employment practices with regard to treatment
 on the basis of sex and which sets up goals, timetables
 and specific procedures, to be implemented with good faith
 efforts, for the correction of deficiencies in employment,
 practices. 
 c. The City Administrator may exempt contracts
 from any of the requirements of affirmative action programs.
 pursuant to section four of Executive Order No. 71.
 
 d. The Office of Contract Compliance in the Office.
 of the City_Administrator shall have the power and the
 duty to enforce the provisions of these rules and regula-
 
 tions requiring affirmative action programs.
 
 
32. An affirmative action program shall contain

I a statement that the following actions have been taken

by a prospective contractor:

a. An executive or supervisory member of the

’-contractor's company has_been designated to supervise

the affirmative action program. The name and title of the person designated shall be included in the affirmative action program.

b. »A brief notice stating that the law pro-

hibits discrimination on the basis of sex in the recruit-

' ment, hiring, promotion and treatment of employees is

posted on company bulletin boards and in places easily‘ seen by employees. .Notices shall include the name and title of the person designated to supervise the affirmative action program and to whom inquiries and complaints may

be addressed. V

c. In all advertisements for employees placed by or on behalf of the contractor, the words "Men/Women" appear after the phrase "Equal Opportunity Employer."

d. The contractor has conducted special meetings with executive, management and supervisory personnel to explain the purpose and scope of the affirmative action program and to assign individual responsibility for its

‘formulation and implementation.

e. The contractor has met with union officials to inform them of the affirmative action program and request their cooperation.

f. ~The contractor has notified all recruiting sources in writing that the company shall not give pre- ferences in the hiring and treatment of employees on thei basis of sex and shall require that these sources actively recruit and refer both sexes for all positions.

g. The contractor has sent written notification of company policy to all subcontractors, vendors and suppliers requesting appropriate action on their part.v

h. An analysis of all major job categories by sex, including management, executive and supervisory personnel, with an identification of problem areas and deficiencies by organizational units and job categories.

g3. An affirmative action program shall provide

for the following actions to be taken by the prospective

contractor within sixty days after the award of a contract.-

a. The opening of all jobs to men and women un- less expressly prohibited by state protective legislation designed for the protection of women or unless a bona fide occupational qualification requires otherwise. Ifua pro- spective contractor determines that state legislation or

a bona fide occupational qualification precludes the use

of persons of one sex in a particular job the contractor shall justify such conclusion in a written statement submitted as part of the affirmative action program, The Office of Contract Compliance shall review the validity of such determination, taking into consideration the effect of Title VII of the Civil Rights Act of 1964 and whether or not the employer is acting in good faith in making that determination.

b. Removal from all job titles, departmental

titles and job descriptions all references to the sex of

the incumbents or to the sex of the group preferred for» ‘

promotion or recruitment.

c. Removal from all pre-employment application‘ forms of questions which relate to marital or parental status. I

d. Publication in the company newspaper,r magazine or annual report of the contractor's policy of equal employment opportunity.

§4. An affirmative action program shall also include specific numerical goals and timetables designed . to aid in developing an egual opportunity program for

men and women. These goals and timetables shall be

designed to eliminate all sex—based employment preferences.

in the following areas}

a. Entry level qualifications for all jobs: Review and validation of worker specifications by organi- zational unit and job category using job performance

criteria, and revision of those specifications and require-

'ments which result in underemployment of one sex and which

are not reliable predictors of job performance; develop- ment of affirmative programs to overcome deficiencies

and discrimination resulting from previous patterns of

'employmentfv

b. Promotions: "Review of transfer and promotion practices to determine whether employees of both sexes are being promoted at an equal rate, especially in areas with., previously low female participation such as management,‘ supervisory, sales and technical positions; revision of

promotion practices where indicated, including increased

_participation of women in training programs and apprentice-

ship classes; review of seniority practices, lay-off

A policies, transfers, etc.,.to eliminate discrimination on

the basis of sex. c. Salaries: Comparison of job duties and rates of compensation to insure that rates of compensation for

similar types of jobs are equal, and that rates of com-

g pensation of jobs primarily restricted to one sex are

equal to those of jobs requiring similar levels of skills

and performed primarily by the other sex.

d. Recruitment: Development of internal and external recruitment and promotion policies specifically seeking out women for positions, especially in higher ranking and higher-paying positions where they are pre- sently underemployed; identification of present female employees for promotion to positions with greater com- pensation and responsibility; assurance of full career development opportunities for both sexes, development of new sources of recruitment to provide.prospective employees of the currently underemployed sex.

ei Benefits:. Review and revision of all bene- fits, including retirement plans, life insurance, company-sponsored training, educational benefits, social and recreational programs to insure they are administered without regard to sex. V

f. Leave policies: Review general leave policies to assure they are the same for both sexes; review childbirth leave policy to eliminate fixed leave

and return dates, assure right to return to original job

or one of like status and pay, assure retention of benefitse

and seniority accrual. g. ‘Facilities: Timetable for provision of appropriate and adequate physical facilities for both

sexes including sanitary facilities, lounges and dressing

rooms, where necessary; refusal to hire may not be based on unavailability of such facilities.

85. The Office of Contract Compliance shall review all affirmative action programs to determine that such programs are in compliance with sections one through four, above, and shall notify the contracting agency of their acceptability. V

36. No contracting agency shall enter into any_ contract with or award any contract to any bidder or pro- spective contractor unless the bidder or prospective contractor has, prior to such award, submitted a proposed program of affirmative action as required by sections one through four, above, and the program submitted is acceptable to the Office of Contract Compliance. ‘

57. a. After the award of a contract, a con- tractor shall file compliance reports every ninety days for the duration of the contract or at the completion of such contract, whichever.is sooner. Compliance reports shall give details of the progress made by the contractor's company in meeting the goals set forth in the affirmative action program. V

b. ‘Contractors shall make good faith efforts to meet the timetables and goals set forth in affirmative action programs. Compliance shall be judged by such efforts

and by the extent of adherence to the affirmative action

program.

c. The Office of Contract Compliance shall review these compliance reports. If the Office of" Contract Compliance determines that a contractor is not making a good faith effort to comply with an affirmative" action program, it may recommend to the City Administrator that he take appropriate action pursuant to section eight of Executive Order No. 71 for the year 1968.

§8. Prospective contractors who have filed‘

acceptable affirmative action programs in connection with"

awards of prior contracts shall be required to file supplementary compliance reports on the progress of thosej programs. Such contractors shall not be required.to file new affirmative action programs. I

§9. These regulations shall take effect

February 1, 1972.