3S Examples of Common Violations
Below is a list of common violations that may be resolved in a CA, if possible:
- List of Recruitment Sources. Failure to maintain a list of recruitment sources that includes recruitment sources for women and minorities, and failure to provide written notice to these sources and community organizations regarding job opportunities, and to maintain records of their responses.248
- List of Applicants. Failure to maintain a file of the names, addresses and telephone numbers of each walk-in applicant and union referral, identified by sex, race and ethnicity, and the actions the contractor took.249
- Referrals to Unions. If applicants are sent to a union for referral and not referred back or employed, failure to document results of this referral and any additional action taken.250
- Impeding Affirmative Action Efforts. Failure to notify OFCCP that a union is impeding the contractor’s affirmative action efforts.251
- Direction of Recruitment Efforts. Failure to direct its recruitment to all demographic groups in the recruitment area, including women and minorities, community organizations, schools and training organizations.252
- Training Programs. Failure to develop on-the-job training opportunities and participate in training programs that expressly include minorities and women.253
- Annual Review of Specifications. Failure to review, at least annually, the obligations under the specifications with all employees having responsibility for employment decisions.254
- Annual Review of Equal Opportunity/Affirmative Action Performance. Failure to conduct an annual review of its supervisors’ adherence to and performance under Equal Opportunity/Affirmative Action obligations.255
- Annual Inventory. The contractor’s failure to conduct an annual inventory and evaluation of at least the currently employed women and minorities for promotional opportunities.256
- Intimidation or Harassment. Evidence of intimidation, harassment or coercion.257
- Validation. Failure to validate tests and other selection procedures when required under 41 CFR Part 60-3.258
- Monitoring Personnel Activities. Failure to monitor all personnel and employment activities to ensure they do not have a discriminatory effect.259
- Segregated Facilities. Evidence of segregated facilities except where separate facilities are necessary to provide privacy between sexes.260
- Discrimination. All investigations in which there is evidence of employment discrimination.
248. 41 CFR 60-4.3(a) paragraph 7, step b.
249. 41 CFR 60-4.3(a) paragraph 7, step c.
250. 41 CFR 60-4.3(a) paragraph 7, step c.
251. 41 CFR 60-4.3(a) paragraph 7, step d.
252. 41 CFR 60-4.3(a) paragraph 7, step i.
253. 41 CFR 60-4.3(a) paragraph 7 step e.
254. 41 CFR 60-4.3(a) paragraph 7, step g.
255. 41 CFR 60-4.3(a) paragraph 7, step p.
256. 41 CFR 60-4.3(a) paragraph 7, step l.
257. 41 CFR 60-4.3(a) paragraph 7 step a.
258. 41 CFR 60- 4.3(a) paragraph 7, step k.
259. 41 CFR 60-4.3(a) paragraph 7, step m.
260. 41 CFR 60-4.3(a) paragraph 7, step n.