[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 14CFR152.409]



[Page 143-144]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 152_AIRPORT AID PROGRAM--Table of Contents

 

           Subpart E_Nondiscrimination in Airport Aid Program

 

Sec. 152.409  Affirmative action plan standards.



    (a) Each affirmative action plan required by this subpart shall be 

developed in accordance with the following:

    (1) An analysis of the employer's aviation workforce which groups 

employees into the following job categories:

    (i) Officials and managers.

    (ii) Professionals.

    (iii) Technicians.

    (iv) Sales workers.

    (v) Office and clerical workers.

    (vi) Craft workers (skilled).

    (vii) Operatives (semi-skilled).

    (viii) Laborers (unskilled).

    (ix) Service workers.

    (2) A comparison separately made of the percent of minorities and 

women in the employer's present aviation workforce (in each of the job 

categories listed in paragraph (a)(1) of this section) with the percent 

of minorities and women in each of those categories in the total 

workforce located in the SMSA, or, in the absence of an SMSA, in the 

counties contiguous to the employer's location or the location where the 

work is to be performed and in the areas from which persons may 

reasonably be expected to commute. This data on the total workforce of 

the applicable area will be supplied to grantees by the FAA. Grantees 

shall make this data available to the other organizations covered by 

this subpart. The comparison for minorities must be made only when 

minorities constitute at least 2 percent of the total workforce in the 

geographical area used for the comparison.

    (3) A comparison, for the aviation workforce, of the total number of 

applicants and persons hired with the total number of minority and 

female applicants, and minorities and females hired, for the past year. 

Where this data is unavailable, the employer shall establish and 

maintain a system to provide the data, and shall make the comparison 120 

days after establishing the data system.

    (4) Where the percentage of minorities and women in the employer's 

aviation workforce, in each job category, is less than the minority and 

female percentage in any job category in the workforce of the 

geographical area used, an analysis, based on the comparison required by 

paragraph (a)(3) of this section, determining whether any of the 

following exists:

    (i) Insufficient flow of minority and female applicants.

    (ii) Disparate rejection of minority and female applicants. The FAA 

generally considers disparate rejection to exist whenever a selection 

rate for any race, sex, or ethnic group is less than 80 percent of the 

rate for the race, sex, or ethnic group with the highest selection rate.

    (b) Each affirmative action plan required by this part shall be 

implemented through an action-oriented program with goals and timetables 

designed to eliminate obstacles to equal opportunity for women and 

minorities in recruitment and hiring, which shall include, but not be 

limited to:

    (1) Where disparate rejection of minority and female applicants is 

indicated by the analysis required by paragraph (a)(4) of this section, 

validation



[[Page 144]]



of those portions of the testing or selection procedures which cause the 

disparity in accordance with the ``Uniform Guidelines on Employee 

Selection'' (43 FR 38290; August 25, 1978), within 120 days of the 

analysis.

    (2) Where testing or selection procedures cannot be validated, 

discontinuation of their use.

    (3) Where an insufficient flow of minority and female applicants 

(less than the percentage available) is indicated by the analysis 

required by paragraph (a)(4) of this section, good faith efforts to 

increase the flow of minority and female applicants through the 

following steps, as appropriate:

    (i) Development or reaffirmation of an equal opportunity policy and 

dissemination of that policy internally and externally.

    (ii) Contact with minority and women's organizations, schools with 

predominant minority or female enrollments, and other recruitment 

sources for minorities and women.

    (iii) Encouragement of State and local employment agencies, unions, 

and other recruiting sources to ensure that minorities and women have 

ample information on, and opportunity to apply for, vacancies and to 

participate in examinations.

    (iv) Participation in special employment programs such as Co-

operative Education Programs with predominantly minority and women's 

colleges, ``After School'' or Work Study programs, and Summer 

Employment.

    (v) Participation in ``Job Fairs.''

    (vi) Participation of minority and female employees in Career Days, 

Youth Motivation Programs, and counseling and related activities in the 

community.

    (vii) Encouragement of minority and female employees to refer 

applicants.

    (viii) Motivation, training, and employment programs for minority 

and female hard-core unemployed.