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in publications having a large circulation among minority groups in the
<br />area from vfiich the project work force would normally be derived.
<br />a. The contractor will, unless precluded by a valid bargaining
<br />agreement, conduct systematic and direct recruitment throughpublic
<br />and private employee referral sources likely to yield qualified minority
<br />group applicants. To meet this requirement, the contractor will
<br />identify sources of potential minority group employees, and establish
<br />with such Identified sources procedures whereby minority group
<br />applicants maybe referred to the contracto r for employment oonsider-
<br />ation.
<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 to the extent that the system permits
<br />the contractor's compliance with EEO contract provisions. (The DOL
<br />has held that where Implementation of such agreements have the
<br />effect of discriminating against minorities or women, or obligates the
<br />contractor to do the same, such implementation violates Executive
<br />Order 11246, as amended.)
<br />c. The contractorwiil encourage his present employees torefer
<br />minority group applicants for employment. Information and proce-
<br />dures with 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 shall be followed:
<br />a. The contractor will conduct periodic inspections of project
<br />sites to insure that working conditions and employee facilities do not
<br />indicate discriminatory treatment of project site personnel.
<br />b. The contractorwlll periodically evaluate the 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 ofdiscrimina-
<br />tion. Where evidence is found, the contractor will promptly take
<br />corrective action. If the review indicates that the discrimination may
<br />extend beyond the actions reviewed, such corrective action shall
<br />include all affected persons.
<br />d. The contractor will promptly investigate all oompWnts of
<br />alleged discrimination made to the contractor in connection with his
<br />obligations under this contract, will attempt to resolve such com-
<br />plaints, and will takeappropriate corrective aclionwithina reasonable
<br />time. If the investigation indicates that the discrimination may affect
<br />Persons other than the complainant, such corrective action shall
<br />nclude such other persons. Upon completion of each investigalion,
<br />the contractor will Inform every complainant of all of his avenues of
<br />appeal.
<br />6. Training and Promotion:
<br />aThe contractor will assist in locating, qualifying, and
<br />increasing the skills or minority group and women employees, and
<br />applicants for employment.
<br />b. Consistent with the contractors workforce requirements and
<br />as permissible under Federal and State regulations, the contractor
<br />shall make full use of training programs, i.e., apprenticeship, and
<br />on-the-job training programs for the geographical area of contract
<br />performance. Where feasible, 25 percent of apprentices or trainees
<br />in each occupation shall be in their first year of apprenticeship or
<br />training. In the event a special provision for training is provided under
<br />this contract, this subparagraph will be superseded as indicated in the
<br />special provision.
<br />c. The contractor will advise employees and applicants for
<br />employment of available training programs and entrance require-
<br />ments for each.
<br />d. The contractor will periodically review the training and
<br />promotion potential of minority group and women employees and will
<br />encourage eligible employees to apply for such training and promo -
<br />lion.
<br />7. Unions: If the contractor relies in whole or in part upon unions
<br />as a source of employees, the contractor will use hislher best efforts
<br />to obtain the cooperation of such unions to increase opportunities for
<br />minority groups and women within the unions, and to effect referrals
<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 set forth below.
<br />a. The contractor will use best efforts to develop, in coopera-
<br />tion with the unions, joint training programs aimed toward qualifying
<br />more minority group members and women for membership in the
<br />unions and increasing the skills of minority group employees and
<br />women so that they may qualify for higher paying employment.
<br />b. The contractor will use best efforts to incorporate an EEO
<br />clause into each union agreement to the end that 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 contractor is to obtain Information as to the referral
<br />practices and policies of the labor union except that to the extent
<br />such information is within the exclusive possession of the laborunion
<br />and such labor union refuses to furnish such Information to the
<br />contractor, the contractor shall so certify to the SHA and shall set
<br />forth what efforts have been made to obtain such information.
<br />d. In the event the union is unable to provide the contractor
<br />with a reasonable flowof minority and women referrals within the time
<br />limit set forth in the collective bargaining agreement, the contractor
<br />will, through independent recruitment efforts, fill the employment
<br />vacancies without regard to race, color, religion, sex, national origin,
<br />age or disability; making full efforts to obtain qualified and/or
<br />qualifiable minority group persons and women. (The DOL has held
<br />that it shall be no excuse that the union withwhich the contractorhas
<br />a collective bargaining agreement providing for exclusive referral
<br />failed to refer minority employees.) In the event the union referral
<br />practice prevents the contractor from meeting the obligations
<br />pursuant to Executive Order 11246, as amended, and these special
<br />provisions, such contractor shall immediately notify the SHA.
<br />8. Selection of Subcontractors, Procurementof Materials and
<br />Leasing of Equipment: The contractor shall not discriminate on the
<br />grounds of race, color, religion, sex, national origin, age or disability
<br />in the selection and retention of subcontractors, Including procure-
<br />ment of materials and teases of equipment.
<br />a. The contractor shall notify all potential subcontractors and
<br />suppliers of hislher EEO obligations under this contract.
<br />b. Disadvantaged business enterprises (DBE), as defined in 49
<br />CFR 23, shall have equal opportunity to compete for and perform
<br />subcontracts which the contractor enters into pursuant to this
<br />contract. The contractor will use his best efforts to solicit bids from
<br />and to utilize DBE subcontractors or subcontractors with meaningful
<br />minority group and female representation among their employees.
<br />Contractors shall obtain Iisis of DBE construction firms from SHA
<br />personnel.
<br />c, The contractor will use his best efforts to ensure subcontrac-
<br />tor compliance with their EEO obligations.
<br />9. Records and Reports: The contractor shall keep such records
<br />as necessary to document compliance with the EEO requirements.
<br />Such records shall be retained for a period of three years following
<br />completion of the contract work and shall be available at reasonable
<br />times 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 />(1) The number of minority and non -minority group
<br />members and women employed in each work classification on the
<br />project;
<br />(2) The progress and efforts being made in cooperation
<br />with unions, when applicable, to increase employment opportunities
<br />for minorities and women;
<br />(3) The progress and efforts being made In locating, hiring,
<br />training, qualifying, and upgrading minority and female employees;
<br />and
<br />(4) The progress and efforts being made in securing the
<br />services of DBE subcontractors or subcontractors with meaningful
<br />minority and female representation among their employees_
<br />b. The contractors will submit an annual report to the SHA t
<br />Paget Form FHWA-1273 (Rev. 3-94)
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