§ 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 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 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 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]

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