3I02 Evaluation of EEO Policy Implementation

This subsection draws from 41 CFR Part 60-20; 41 CFR Part 60-50; 41 CFR 60-4.3(a) paragraph 7 steps g, h, l and p; and Part III.C of the Construction SCER. It covers five areas:

• Development of and dissemination of EEO policy;
• Review of EEO policy;
• External dissemination of EEO policy;
• Promotion policy; and
• Supervisory performance.

a. Development and Dissemination of Policy. The contractor shall develop and disseminate its EEO policy by providing notice of its policy to unions and training programs and by requesting their help in meeting its EEO obligations. The contractor shall also include its EEO policy in any policy manual and collective bargaining agreement and publicize it in the company newspaper or annual report, if any. The contractor shall also specifically review the policy with all employees at least once each year and post it on bulletin boards accessible to all employees and applicants at each location where construction work is performed.215

To evaluate the contractor’s compliance with this specification, COs must determine whether the EEO policy contains at least the following items:

• A statement that the contractor will not discriminate against employees and applicants for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and that it will take affirmative action to ensure that employees and applicants for employment will be employed and treated during employment, without regard to race, color, religion, sex, sexual orientation, gender identity or national origin;
• The name, telephone number and means of access to the contractor’s EEO Officer;
• An assurance that this policy will be followed in all personnel actions; and
• The signature of the CEO and date.

COs must also determine whether the EEO policy is posted in conspicuous places available to employees and applicants. Several places may be appropriate for posting the EEO policy and some examples include company offices, project sites and project trailers, if applicable.216

In addition to determining whether the EEO policy is posted, the CO will determine if the Pay Transparency Nondiscrimination Provision is posted physically or electronically for employees and applicants and incorporated into employee handbooks and manuals.217

Interviews of employees are important for determining if the contractor reviewed EEO policy at least annually with all employees and personnel responsible for hiring, assignments and other personnel actions. Other actions COs must take to evaluate the contractor’s compliance include:

• Determining whether unions, where applicable, and training programs have been notified and provided with a copy of the EEO policy. Obtain copies of correspondence, or other documentation of such notification; and
• Reviewing as applicable, policy manuals, collective bargaining agreements, company newspapers and/or annual reports for inclusion of the contractor’s EEO policy.

b. Review of Policy. The contractor shall review, at least annually, the company’s EEO policy and affirmative action obligations with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with all on-site supervisory personnel prior to the initiation of work at any job site. The contractor must maintain a written record of the time and place of these meetings, people attending, subject matter discussed and disposition of the subject matter.218 Disposition of the subject matter may include any further action to be taken by attendees and participants. In evaluating the contractor’s compliance with this specification, COs should:

• Substantiate through examination of meeting notes or other such documents that the contractor has conducted, at least annually, a review of the contractor’s EEO policy and affirmative action obligations with all employees having any responsibility for hiring, job assignment, layoff, termination or other personnel decisions, including the transferring of employees to different job sites;
• Identify each job site at which the contractor has initiated work within the 12-month period prior to the start of the compliance review. Verify the date prior to the commencement of work at each such job site on which the contractor met with on-site supervisory personnel to discuss the contractor’s EEO policy and affirmative action obligations; and
• Review the actions taken by the contractor to resolve any problems identified.

c. External Dissemination of Policy. The contractor shall disseminate its EEO policy externally by including it in any advertising in the media, including media directed at minorities and women. In addition, the contractor shall provide written notification to, and shall discuss its EEO policy with, other contractors and subcontractors with which it does or anticipates doing business.219 In evaluating the contractor’s compliance with this specification, the CO should:

• Review copies of advertisements to determine whether the contractor included its commitment to its EEO policy (e.g., the EEO tag line as described in Chapter 2, 2M00(a)) and whether advertisements appeared in media announcements that reach all demographic groups in the recruiting area;
• Determine whether the contractor’s written notification to other contractors and subcontractors with which it does or anticipates doing business is accurate and timely (at least at the start of each major contract); and
• Review and verify documentation such as telephone logs, file notes, etc., on the contractor’s discussion(s) with other contractors and subcontractors to determine whether the contractor’s EEO policy was discussed.

d. Promotion Policy. At least annually, the contractor shall inventory and evaluate all current minority and women employees for promotional opportunities.220 The contractor shall encourage these employees to seek or to prepare for promotional opportunities through appropriate training.221 To evaluate the contractor’s compliance with this specification, COs must:

• Review the contractor’s policies and personnel procedures regarding upgrading and promotion; determine how first-line and other supervisors are selected and how collective bargaining agreements impact company policies;
• Review all promotions and the employees whom the contractor could have or should have considered;
• Obtain documentation of the contractor’s annual inventory and evaluation of all employees for promotional opportunities; and
• Verify through interviews and a review of documentation that the contractor encouraged all employees, including minorities and women, to seek or prepare for promotional opportunities through appropriate training.

e. Supervisory Performance. The contractor shall conduct a review, at least annually, of all supervisors’ adherence to and performance under its EEO policies and affirmative action obligations.222 To evaluate the contractor’s compliance with this specification, the CO should review letters, reports, performance evaluations, EEO training courses and materials and minutes of meetings. Interviews of supervisory personnel should be conducted.