[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR42.303]

[Page 812]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
        Subpart E_Equal Employment Opportunity Program Guidelines
 
Sec.  42.303  Evaluation of employment opportunities.

    (a) A necessary prerequisite to the development and implementation 
of a satisfactory equal employment opportunity program is the 
identification and analysis of any problem areas inherent in the 
utilization or participation of minorities and women in all of the 
recipient's employment phases (e.g., recruitment, selection, and 
promotion) and the evaluation of employment opportunities for minorities 
and women.
    (b) In many cases an effective equal employment opportunity program 
may only be accomplished where the program is coordinated by the 
recipient agency with the cognizant Office of Personnel Management or 
similar agency responsible by law, in whole or in part, for the 
recruitment and selection of entrance candidates and selection of 
candidates for promotion.
    (c) In making the evaluation of employment opportunities, the 
recipient shall conduct such analysis separately for minorities and 
women. However, all racial and ethnic data collected to perform an 
evaluation pursuant to the requirements of this section should be cross 
classified by sex to ascertain the extent to which minority women or 
minority men may be underutilized. The evaluation should include but not 
necessarily be limited to, the following factors:
    (1) An analysis of present representation of women and minority 
persons in all job categories;
    (2) An analysis of all recruitment and employment selection 
procedures for the preceding fiscal year, including such things as 
position descriptions, application forms, recruitment methods and 
sources, interview procedures, test administration and test validity, 
educational prerequisites, referral procedures and final selection 
methods, to insure that equal employment opportunity is being afforded 
in all job categories;
    (3) An analysis of seniority practices and provisions, upgrading and 
promotion procedures, transfer procedures (lateral or vertical), and 
formal and informal training programs during the preceding fiscal year, 
in order to insure that equal employment opportunity is being afforded;
    (4) A reasonable assessment to determine whether minority employment 
is inhibited by external factors such as the lack of access to suitable 
housing in the geographical area served by a certain facility or the 
lack of suitable transportation (public or private) to the workplace.

[43 FR 28802, June 30, 1978, as amended by Order No. 899-80, 45 FR 
43703, June 30, 1980]