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<br />, )
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<br />in publications having a large circulation among minority groups in the
<br />area from which the project work force 'NQuld normally be derived.
<br />a. The contraclor will, unless precluded by a valid bargaining
<br />agreement, conducl systematic and direct recruitment through publjC
<br />and private employee referral sources likely to yiekf qualified minority
<br />proup applicanls. To meet this requirement, the COrltractor will
<br />KSentify sources of potential minority group employees, and establish
<br />with such idenlified sources procedures whereby minority group
<br />appltcants may be referred to the contractor for employment consider-
<br />ation.
<br />
<br />b. In the event the contractor has a valid bargaining agreement
<br />providing for exclusive hiring hall referrals, he is expected to observe
<br />the provisions of that agreement 10 the extent that the system permits
<br />(he contractor's compliance with EEO contract provisions. (The DOL
<br />has held that where implementation of such agreements have the
<br />
<br />~~~~~~g:~ritfui~~~~g:i~~~~ir~;I~e,:e~t:fo~e~~~~I~:~t~:
<br />Order 11246. as amended.)
<br />c. The contractor wm encourage his present employees to refer
<br />minority group applicants for employment. Infonnalion and proce-
<br />dures wilh regard to referring minority group applicants will be
<br />discussed with employees.
<br />5. Personnel Actions: Wages, working conditions, and employee
<br />benefits shall be established and administered, and personnel actions
<br />of every type, including hiring. upgrading, promotion. transfer,
<br />demotion. layoff, and termination, shall be taken without regard to
<br />race, color. religion, sex, national origin, age or disability. The
<br />following procedures shaJl be followed:
<br />a. The contractor wifl conduct periodic inspections of project
<br />sites to insure that working condjtions and employee facilities do not
<br />indicate discriminatory lreatmenl of project site personnel.
<br />b. The contractor will periodk:ally evaluale Ihe spread of wages
<br />paid within each classification to determine any evidence of discrimi-
<br />natory wage practices.
<br />c. The contractor will periodically review selected personnel
<br />actions in depth to determine whether there is evidence of discrimina-
<br />lion. Where evidence is found. ~he contractor will prompUy take
<br />~~~~di:;~~nth: ~~i~~~e;:~i:=~~~~~t ~~~~~m~~~i~ ~:~
<br />include all affected persons.
<br />d. The contractor will promptly investiQate all complaints of
<br />alleged discrimination made to Ihe contractor In connection with his
<br />obligations under (his contract. will atlempt 10 resolve such com-
<br />plaints, and will take appropriate corrective actio~ within a reasonable
<br />time. If Ihe investigation indicates that the discnmination may affecl
<br />persons other than the complainant such corrective actton shall
<br />Include such oth.er persons. Upon complelion of each investigation,
<br />the contractor Will inform every complamant of all of his aVenues of
<br />appeal.
<br />6. Training and Promotion:
<br />8. The contractor wilt assist in locating. Qualifying, and
<br />increasing the skills or minority group and women employees, and
<br />applicants for employment
<br />b. Consisten1 with Ihe contractor's work force requirements and
<br />as permissible under Federa' and Stale regulations, the conlraclor
<br />~~~t~~~e tr~l~i~~e p~~~~~~~o~rt~~r~':g~~hi~r~~~~C~~~nl~a~
<br />
<br />per1ormance. Where feasible, 25 percent of apprentices or trainees
<br />In each occupation shall be in their firsl year of apprenticeship or
<br />
<br />:~~n~~~~~~~~v:~~s~~~a~~~t~~~~~~:~~"3a~ r~d~~di~?~;
<br />special provision.
<br />c. The conlraclor will advise employees and applicants for
<br />employment of available training programs and entrance require-
<br />ments for each.
<br />
<br />d. The contractOf will periodically review lhe training and
<br />promotion potential of minority group and women employees and will
<br />encourage eligible employees 10 apply for such Iralning and promo-
<br />tion.
<br />7. Unions: If the conlractor relies in whole or in part upon unions
<br />as a source of employees. the contractor will use hislher best efforts
<br />10 obtain the cooperation of such unions to increase opportunities for
<br />
<br />Page 2
<br />
<br />minority groups and women within the unions. and to effect relerrals
<br />by such unions of minority and female employees. Actions by the
<br />contractor either directly or through a contractor's association acting
<br />as agent will include the procedures sel forth below:
<br />a. The contractor will use best efforts 10 devek>p, In coopera-
<br />lion wilh Ihe unions, joinltraining programs aimed loward qualifying
<br />more minority group members and women for membership in the
<br />unions and increaSing the skilfs of minority group employees and
<br />women so !hat they may qualify for higher paying employment.
<br />b. The contractor will use beSI efforts to incorporate an EEO
<br />dause inlo each union agreement to the end thai such union will be
<br />contractually bound to refer applicants without regard to their race.
<br />color, religion, sex, national origin, age or disability.
<br />c. The contraclor is to obtain information as to lhe referral
<br />practices and policies of the labor union except that to the extent
<br />such informalion is within the exclusive possession of the labor union
<br />and such labor union refuses to furnish such informahon to the
<br />con1ractor, the contractor shall so certify to the SHA and shall set
<br />forth what efforts have been made 10 obtain such information.
<br />
<br />d. In the evenl the union is unable to prov;de the conlractor
<br />with a reasonable flow of minority and women referrals within the time
<br />limit set forth in the colleclive bargaining agreement, the contractor
<br />will, through independent recruitmenl efforts, fill the employment
<br />vacancies without regard to race, color, religion, sex, national origin,
<br />age or disability: making full efforts 10 obtain qualified and/or
<br />
<br />~,:I::~~~~I ~~r:j~J~~ ~~h~n~~~~ =~m::;i'CrJ;: ~~~~rhh~~
<br />a coUactive barQaining agreement providing for exclusive referral
<br />faUed to rerer mInority employees.) In the event the unton referral
<br />practice prevents the contractor from meeting the obligations
<br />pursuant to Executive Order 11246. as amended, and these special
<br />provisions, such contraclor shall immediately notify the SHA.
<br />8. Selection of SUbcontractors, Procurement of Materials and
<br />Leasing of Equipment: The contractor shan oot discriminate on the
<br />grounds of race, color. reli!1ion. sex, nalienal Ofigin, age or disability
<br />in Ihe selection and retention of subcontractors, induding procure~
<br />ment of materials and leases of equipment.
<br />
<br />a. The contractor shall nolify all pOlential wbconlraClors and
<br />suppliers of his/her EEO obligations under this contract.
<br />b. Disadvantaged business enterprises IDBE).asdeflned in 49
<br />CFR 23, shall have equal opportunity 10 compele lor and perform
<br />subcontracts which the contractor enters into pursuant to this
<br />conlract. The contraclor wi'l use his best efforts to solicil bids from
<br />and to ulilize DBE subcontractors or subcontractors with meaningful
<br />minority group and female representation among their employees.
<br />Contractors shall obtain lists of DBE construction firms from SHA
<br />personnel.
<br />c. The contraclor will use his best effons to ensure subcontrac-
<br />tor compliance with their EEO obligations.
<br />9. Records and Reports: The contractor shall keep such records
<br />~~~~~~d; ~~~~n;:~i:d~~a~~eri~ ~?~7~Oy~~~if~~:~
<br />completion of the contract work and shall be available at reasonable
<br />limes and places for inspection by authorized representatives of the
<br />SHA and the FHWA.
<br />a. The records kept by the contractor shall document the
<br />following;
<br />
<br />(1) The number of minority and noo-minority group
<br />members and women employed in each work classification on the
<br />project;
<br />
<br />(2) The progress and efforts being made in cooperation
<br />with unions. when applicable, 10 increase employment opportunities
<br />for minorities and women;
<br />
<br />(3) The progress and efforts being made in locating, hiring,
<br />training, Qualifying, and upgrading minority and female employees;
<br />end
<br />
<br />(4) The progress and efforts being made in securing Ihe
<br />services of DBE subcontractors or subcontractors lNith meaningful
<br />mlnorily and female represenlation among their employees.
<br />b. The contractors will submit an annual report (0 the SHA
<br />
<br />Form FHWA-1273 (Rev. 3-94)
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