[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: 28CFR42.304]

[Page 812-814]
 
                    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.  42.304  Written equal employment opportunity program.

    Each recipient's equal employment opportunity program shall be in 
writing and shall include:
    (a) A job classification table or chart which clearly indicates for 
each job classification or assignment the number of employees within 
each respective job category classified by race, sex and national origin 
(include for example Hispanic, Asian or Pacific Islander, and American 
Indian or Alaskan Native). Also, principal duties and rates of pay 
should be clearly indicated for each job classification. Where auxiliary 
duties are assigned or more than one rate of pay applies because of 
length of time in the job or other factors, a special notation should be 
made. Where the recipient operates more than one

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shift or assigns employees within each shift to varying locations, as in 
law enforcement agencies, the number by race, sex and national origin on 
each shift and in each location should be identified. When relevant, the 
recipient should indicate the racial/ethnic mix of the geographic area 
of assignments by the inclusion of minority population and percentage 
statistics.
    (b) The number of disciplinary actions taken against employees by 
race, sex and national origin within the preceding fiscal year, the 
number and types of sanctions imposed (suspension indefinitely, 
suspension for a term, loss of pay, written reprimand, oral reprimand, 
other) against individuals by race, sex and national origin.
    (c) The number of individuals by race, sex and national origin (if 
available) applying for employment within the preceding fiscal year and 
the number by race, sex and national origin (if available) of those 
applicants who were offered employment and those who were actually 
hired. If such data is unavailable, the recipient should institute a 
system for the collection of such data.
    (d) The number of employees in each job category by race, sex and 
national origin who made application for promotion or transfer within 
the preceding fiscal year and the number in each job category by race, 
sex, and national origin who were promoted or transferred.
    (e) The number of employees by race, sex, and national origin who 
were terminated within the preceding fiscal year, identifying by race, 
sex, and national origin which were voluntary and involuntary 
terminations.
    (f) Available community and area labor characteristics within the 
relevant geographical area including total population, workforce and 
existing unemployment by race, sex and national origin. Such data may be 
obtained from the Bureau of Labor Statistics, Washington, DC, State and 
local employment services, or other reliable sources. Recipient should 
identify the sources of the data used.
    (g) A detailed narrative statement setting forth the recipient's 
existing employment policies and practices as defined in Sec.  
42.202(c). Thus, for example, where testing is used in the employment 
selection process, it is not sufficient for the recipient to simply note 
the fact. The recipient should identify the test, describe the 
procedures followed in administering and scoring the test, state what 
weight is given to test scores, how a cut-off score is established and 
whether the test has been validated to predict or measure job 
performance and, if so, a detailed description of the validation study. 
Similarly detailed responses are required with respect to other 
employment policies, procedures, and practices used by the applicant.
    (1) The statement should include the recipient's detailed analysis 
of existing employment policies, procedures, and practices as they 
relate to employment of minorities and women (see Sec.  42.303) and, 
where improvements are necessary, the statement should set forth in 
detail the specific steps the recipient will take for the achievement of 
full and equal employment opportunity. The Department of Justice 
Guidelines on Employee Selection Procedures, 28 CFR part 50, set out the 
appropriate standards for nondiscriminatory selection procedures. 
Recipients of LEAA assistance using selection procedures which are not 
in conformity with the Department of Justice guidelines shall set forth 
the specific areas of nonconformity, the reasons which may explain any 
such nonconformity, and if necessary, the steps the recipient agency 
will take to correct any existing deficiency.
    (2) The recipient should also set forth a program for recruitment of 
minority persons based on an informed judgment of what is necessary to 
attract minority applications including, but not necessarily limited to, 
dissemination of posters, use of advertising media patronized by 
minorities, minority group contacts and community relations programs. As 
appropriate, recipients may wish to refer to recruitment techniques 
suggested in revised order No. 4 of the Office of Federal Contract 
Compliance, U.S. Department of Labor, found at 41 CFR 60-2.24(e).

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    (h) Plan for dissemination of the applicant's Equal Employment 
Opportunity Program to all personnel, applicants and the general public. 
As appropriate, recipients may wish to refer to the recommendations for 
dissemination of policy suggested in revised order No. 4 of the Office 
of Federal Contract Compliance, U.S. Department of Labor, found at 41 
CFR 60-2.21.
    (i) Designation of specified personnel to implement and maintain 
adherence to the equal employment opportunity program and a description 
of their specific responsibilities suggested in revised order No. 4 of 
the Office of Federal Contract Compliance, U.S. Department of Labor, 
found at 41 CFR 60-2.22.