(a) Requirements of programs. Each contractor who has 50 or more
employees and (1) has a contract of $50,000 or more; or (2) has
Government bills of lading which in any 12-month period, total or can
reasonably be expected to total $50,000 or more; or (3) serves as a
depository of Government funds in any amount; or (4) is a financial
institution which is an issuing and paying agent for U.S. savings bonds
and savings notes in any amount, shall develop a written affirmitive
action compliance program for each of its establishments. Each
contractor and subcontractor shall require each subcontractor who has 50
or more employees and (i) has a subcontract of $50,000 or more; or (ii)
has Government bills of lading which in any 12-month period, total or
can reasonably be expected to total $50,000 or more; or (iii) serves as
a depository of Government funds in any amount; or (iv) is a financial
institution which is an issuing and paying agent for U.S. savings bonds
and savings notes in any amount, to develop a written affirmative action
compliance program for each of its establishments. A necessary
prerequisite to the development of a satisfactory affirmative action
program is the identification and analysis of problem areas inherent in
minority employment and an evaluation of opportunities for utilization
of minority group personnel. The contractor's program shall provide in
detail for specific steps to guarantee equal employment opportunity
keyed to the problems and needs of members of minority groups,
including, when there are deficiencies, the development of specific
goals and
time tables for the prompt achievement of full and equal employment
opportunity. Each contractor shall include in its affirmative action
compliance program a table of job classifications. This table should
include but need not be limited to job titles, principal duties (and
auxiliary duties, if any), rates of pay, and where more than one rate of
pay applied (because of length of time in the job or other factors), the
applicable rates. The affirmative action compliance program shall be
signed by an executive official of the contractor.
(b) Utilization evaluation. The evaluation of utilization of
minority group personnel shall include the following:
(1) An analysis of minority group representation in all job
categories.
(2) An analysis of hiring practices for the past year, including
recruitment sources and testing, to determine whether equal employment
opportunity is being afforded in all job categories.
(3) An analysis of upgrading, transfer and promotion for the past
year to determine whether equal employment opportunity is being
afforded.
(c) Maintenance of programs. Within 120 days from the commencement
of the contract, each contractor shall maintain a copy of separate
affirmative action compliance programs for each establishment, including
evaluations of utilization of minority group personnel and the job
classification tables, at each local office responsible for the
personnel matters of such establishment. An affirmative action
compliance program shall be part of the manpower and training plans for
each new establishment and shall be developed and made available prior
to the staffing of such establishment. A report of the results of such
program shall be compiled annually and the program shall be updated at
that time. This information shall be made available to representatives
of the Deputy Assistant Secretary upon request and the contractor's
affirmative action program and the result it produces shall be evaluated
as part of compliance review activities.
[43 FR 49240, Oct. 20, 1978; 43 FR 51400, Nov. 3, 1978, as amended at 62
FR 66971, Dec. 22, 1997]
