[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR23.55]



[Page 224-226]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 23_INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES--Table 

of Contents

 

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



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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.



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    (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]



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