§ 90.168   Equal employment opportunities.

   Commercial Mobile Radio 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 insure 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 (Commission), 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 Commission, 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 sixteen (16) or more full-time
   employees shall file with the Commission, no later than May 31st following
   the  grant  of  that licensee's first Commercial Mobile Radio 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 sixteen
   (16) or more full-time employees that changes its existing equal employment
   opportunity program shall file with the Commission, no later than May 31st
   thereafter, a revised statement reflecting the change(s).

   Note: Commercial mobile radio service licensees having sixteen (16) or more
   full-time employees that do not have a current EEO statement on file with
   the Commission as of January 2, 1995, must file the statement required by
   this paragraph 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
   Commission  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 Commission 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 Commission 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 Commission maintains a liaison with that agency that keeps the
   Commission 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 Commission 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 Commission.

   (4) The Commission 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 Commission under § 1.815(a) of this chapter are
   investigated by the Commission.

   (e) Commission 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 Commission 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 Commission.

   (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
   Commission 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 two (2) years.

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