§ 22.321   Equal employment opportunities.

   Public  Mobile  Services  licensees  shall afford equal opportunity in
   employment to all qualified persons, and personnel must not be discriminated
   against in employment because of sex, race, color, religion, or national
   origin.

   (a) Equal employment opportunity program. Each licensee 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.

   (1) Under the terms of its program, each licensee shall:

   (i)  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.

   (ii) Inform its employees and recognized employee organizations of the
   positive equal employment opportunity policy and program and enlist their
   cooperation.

   (iii) 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.

   (iv) Conduct a continuing campaign to exclude every form of prejudice or
   discrimination based upon sex, race, color, religion, or national origin,
   from the licensee's personnel policies and practices and working conditions.

   (v) Conduct a continuing review of job structure and employment practices
   and adopt positive recruitment, training, job design and other measures
   needed in order to ensure genuine equality of opportunity to participate
   fully in all organizational units, occupations and levels of responsibility.

   (2) The program must reasonably address specific concerns through policies
   and actions as set forth in this paragraph, to the extent that they are
   appropriate in consideration of licensee size, location and other factors.

   (i) To assure nondiscrimination in recruiting. (A) Posting notices in the
   licensee's  offices informing applicants for employment of their equal
   employment rights and their right to notify the Equal Employment Opportunity
   Commission (EEOC), the Federal Communications Commission (FCC), or other
   appropriate  agency.  Where  a  substantial  number  of applicants are
   Spanish-surnamed Americans, such notice should be posted in both 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
   EEOC, the FCC or other appropriate agency if they believe they have been
   discriminated against.

   (C)  Placing employment advertisements in media which have significant
   circulation among minority groups 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 spokespersons 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
   employees of the licensee 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 that have the effect of
   discriminating against minority groups or females.

   (iii) To assure nondiscriminatory placement and promotion. (A) Instructing
   employees of the licensee 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 that 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) Providing opportunity to perform overtime work on a basis that does not
   discriminate against qualified minority groups or female employees.

   (b) EEO statement. Each licensee having 16 or more full-time employees shall
   file  with the FCC, no later than May 31st following the grant of that
   licensee's  first  Public  Mobile  Services authorization, a statement
   describing  fully  its  current  equal employment opportunity program,
   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
   conditions, demotion, layoff and termination. Any licensee having 16 or more
   full-time employees that changes its existing equal employment opportunity
   program  shall file with the FCC, no later than May 31st thereafter, a
   revised statement reflecting the change(s).

   Note to paragraph (b) of § 22.321: Licensees having 16 or more full-time
   employees that were granted their first Public Mobile Services authorization
   prior to January 1, 1995, and do not have a current EEO statement on file
   with the FCC, must file such statement, required by paragraph (b) of this
   section, no later than May 31, 1995.

   (c) Report of complaints filed against licensees. Each licensee, regardless
   of how many employees it has, shall submit an annual report to the FCC no
   later than May 31st of each year indicating whether any complaints regarding
   violations by the licensee or equal employment provisions of Federal, State,
   Territorial, or local law have been filed before anybody having competent
   jurisdiction.

   (1) 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.

   (2) Any licensee who has filed such information with the EEOC may file a
   notification of such filing with the FCC in lieu of a report.

   (d)  Complaints of violations of Equal Employment Programs. Complaints
   alleging employment discrimination against a common carrier licensee are
   considered by the FCC in the following manner:

   (1) If a complaint raising an issue of discrimination is received against a
   licensee who is within the jurisdiction of the EEOC, it is submitted to that
   agency. The FCC maintains a liaison with that agency that keeps the FCC
   informed of the disposition of complaints filed against common carrier
   licensees.

   (2) Complaints alleging employment discrimination against a common carrier
   licensee 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 FCC to the respective State agency.

   (3) Complaints alleging employment discrimination against a common carrier
   licensee  who  does  not fall under the jurisdiction of the EEOC or an
   appropriate State law, are accorded appropriate treatment by the FCC.

   (4)  The FCC will consult with the EEOC on all matters relating to the
   evaluation and determination of compliance by the common carrier licensees
   with the principles of equal employment as set forth herein.

   (5) Complaints indicating a general pattern of disregard of equal employment
   practices which are received against a licensee that is required to file an
   employment  report  to  the  FCC  under  § 1.815(a) of this chapter are
   investigated by the FCC.

   (e) FCC records. A copy of every annual employment report, equal employment
   opportunity program statement, 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 licensee and
   the  FCC  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 FCC.

   (f) Licensee records. Each licensee required to file annual employment
   reports  (pursuant  to  § 1.815(a)  of  this chapter), equal employment
   opportunity program statements, and annual reports on complaints regarding
   violations of equal employment provisions of Federal, State, Territorial, or
   local law shall maintain for public inspection 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 licensee and the FCC
   pertaining to the reports after they have been filed and all documents
   incorporated therein by reference. The documents must be retained for a
   period of 2 years.

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