[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 47CFR76.75]



[Page 582-585]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

           Subpart E_Equal Employment Opportunity Requirements

 

Sec. 76.75  Specific EEO program requirements.



    Under the terms of its program, an employment unit must:

    (a) Disseminate its equal employment opportunity program to job 

applicants, employees, and those with whom it regularly does business. 

For example, this requirement may be met by:

    (1) Posting notices in the employment unit's office and places of 

employment informing employees, and applicants for employment, of their 

equal employment opportunity rights, and their right to notify the Equal 

Employment Opportunity Commission, the Federal Communications 

Commission, or other appropriate agency, if they believe they have been 

discriminated against. Where a significant percentage of employees, 

employment applicants, or residents of the community of a



[[Page 583]]



cable television system of the relevant labor area are Hispanic, such 

notices should be posted in Spanish and English. Similar use should be 

made of other languages in such posted equal employment opportunity 

notices, where appropriate;

    (2) Placing a notice in bold type on the employment application 

informing prospective employees that discrimination because of race, 

color, religion, national origin, age or sex 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.

    (b) Establish, maintain and carry out a positive continuing program 

of outreach activities designed to ensure equal opportunity and 

nondiscrimination in employment. The following activities shall be 

undertaken by each employment unit:

    (1) Recruit for every full-time job vacancy in its operation. A job 

filled by an internal promotion is not considered a vacancy for which 

recruitment is necessary. Nothing in this section shall be interpreted 

to require a multichannel video programming distributor to grant 

preferential treatment to any individual or group based on race, 

national origin, color, religion, age, or gender.

    (i) An employment unit shall use recruitment sources for each 

vacancy sufficient in its reasonable, good faith judgment to widely 

disseminate information concerning the vacancy.

    (ii) In addition to using such recruitment sources, a multichannel 

video programming distributor employment unit shall provide notification 

of each full-time vacancy to any organization that distributes 

information about employment opportunities to job seekers or refers job 

seekers to employers, upon request by such organization. To be entitled 

to notice of vacancies, the requesting organization must provide the 

multichannel video programming distributor employment unit with its 

name, mailing address, e-mail address (if applicable), telephone number, 

and contact person, and identify the category or categories of vacancies 

of which it requests notice. (An organization may request notice of all 

vacancies).

    (2) Engage in at least two (if the unit has more than ten full-time 

employees and is not located in a smaller market) or one (if the unit 

has six to ten full-time employees and/or is located, in whole or in 

part, in a smaller market) of the following initiatives during each 

twelve-month period preceding the filing of an EEO program annual 

report:

    (i) Participation in at least two job fairs by unit personnel who 

have substantial responsibility in the making of hiring decisions;

    (ii) Hosting of at least one job fair;

    (iii) Co-sponsoring at least one job fair with organizations in the 

business and professional community whose membership includes 

substantial participation of women and minorities;

    (iv) Participation in at least two events sponsored by organizations 

representing groups present in the community interested in multichannel 

video programming distributor employment issues, including conventions, 

career days, workshops, and similar activities;

    (v) Establishment of an internship program designed to assist 

members of the community in acquiring skills needed for multichannel 

video programming distributor employment;

    (vi) Participation in job banks, Internet programs, and other 

programs designed to promote outreach generally (i.e., that are not 

primarily directed to providing notification of specific job vacancies);

    (vii) Participation in a scholarship program designed to assist 

students interested in pursuing a career in multichannel video 

programming communications;

    (viii) Establishment of training programs designed to enable unit 

personnel to acquire skills that could qualify them for higher level 

positions;

    (ix) Establishment of a mentoring program for unit personnel;

    (x) Participation in at least two events or programs sponsored by 

educational institutions relating to career opportunities in 

multichannel video programming communications;

    (xi) Sponsorship of at least one event in the community designed to 

inform and educate members of the public as



[[Page 584]]



to employment opportunities in multichannel video programming 

communications;

    (xii) Listing of each upper-level category opening in a job bank or 

newsletter of media trade groups whose membership includes substantial 

participation of women and minorities;

    (xiii) Provision of assistance to unaffiliated non-profit entities 

in the maintenance of web sites that provide counseling on the process 

of searching for multichannel video programming employment and/or other 

career development assistance pertinent to multichannel video 

programming communications;

    (xiv) Provision of training to management level personnel as to 

methods of ensuring equal employment opportunity and preventing 

discrimination;

    (xv) Provision of training to personnel of unaffiliated non-profit 

organizations interested in multichannel video programming employment 

opportunities that would enable them to better refer job candidates for 

multichannel video programming positions;

    (xvi) Participation in other activities reasonably calculated by the 

unit to further the goal of disseminating information as to employment 

opportunities in multichannel video programming to job candidates who 

might otherwise be unaware of such opportunities.

    (c) Retain records sufficient to document that it has satisfied the 

requirements of paragraphs (b)(1) and (b)(2) of this section. Such 

records, which may be maintained in an electronic format, shall be 

retained for a period of seven years. Such records need not be submitted 

to the Commission unless specifically requested. The following records 

shall be maintained:

    (1) Listings of all full-time job vacancies filled by the cable 

employment unit, identified by job title;

    (2) For each such vacancy, the recruitment sources utilized to fill 

the vacancy (including, if applicable, organizations entitled to 

notification pursuant to paragraph (b)(1)(ii) of this section, which 

should be separately identified), identified by name, address, contact 

person, and telephone number;

    (3) Dated copies of all advertisements, bulletins, letters, faxes, 

e-mails, or other communications announcing job vacancies;

    (4) Documentation necessary to demonstrate performance of the 

initiatives required by paragraph (b)(2) of this section, if applicable, 

including information sufficient to fully disclose the nature of the 

initiative and the scope of the unit's participation, including the unit 

personnel involved;

    (5) The total number of interviewees for each vacancy and the 

referral sources for each interviewee; and

    (6) The date each vacancy was filled and the recruitment source that 

referred the hiree.

    (d) Undertake to offer promotions of minorities and women in a non-

discriminatory fashion to positions of greater responsibility. For 

example, this requirement may be met by:

    (1) Instructing those 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;

    (2) 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, counselling, and 

effective measures to enable employees with interest and potential to 

qualify themselves for such positions;

    (3) Providing opportunity to perform overtime work on a basis that 

does not discriminate against qualified minority group or female 

employees.

    (e) Encourage minority and female entrepreneurs to conduct business 

with all parts of its operation. For example, this requirement may be 

met by:

    (1) Recruiting as wide as possible a pool of qualified entrepreneurs 

from sources such as employee referrals, community groups, contractors, 

associations, and other sources likely to be representative of minority 

and female interests.

    (f) A multichannel video programming distributor shall analyze its 

recruitment program on an ongoing basis



[[Page 585]]



to ensure that it is effective in achieving broad outreach, and address 

any problems found as a result of its analysis.

    (g) Analyze on an ongoing basis its efforts to recruit, hire, 

promote and use services without discrimination on the basis of race, 

national origin, color, religion, age, or sex and explain any 

difficulties encountered in implementing its equal employment 

opportunity program. For example, this requirement may be met by:

    (1) Where union agreements exist, cooperating with the union or 

unions in the development of programs to ensure all persons equal 

opportunity for employment, and including an effective nondiscrimination 

clause in new or renegotiated union agreements;

    (2) Reviewing seniority practices to ensure that such practices are 

nondiscriminatory;

    (3) Examining rates of pay and fringe benefits for employees having 

the same duties, and eliminating any inequities based upon race, 

national origin, color, religion, age, or sex discrimination;

    (4) Evaluating the recruitment program to ensure that it is 

effective in achieving a broad outreach to potential applicants.

    (5) Utilizing media for recruitment purposes in a manner that will 

contain no indication, either explicit or implicit, of a preference for 

one race, national origin, color, religion, age, or sex over another; 

and

    (6) Avoiding the use of selection techniques or tests that have the 

effect of discriminating against qualified minority groups or women.

    (h) A full-time employee is a permanent employee whose regular work 

schedule is 30 hours per week or more.

    (i) The provisions of paragraphs (b)(1)(ii), (b)(2), (c), and (f) of 

this section shall not apply to multichannel video programming 

distributor employment units that have fewer than six full-time 

employees.

    (j) For the purposes of this rule, a smaller market includes 

metropolitan areas as defined by the Office of Management and Budget 

with a population of fewer than 250,000 persons and areas outside of all 

metropolitan areas as defined by the Office of Management and Budget.



[50 FR 40855, Oct. 7, 1985, as amended at 65 FR 7457, Feb. 15, 2000; 68 

FR 691, Jan. 7, 2003]