(a) For purposes of this part, and unless otherwise indicated in
paragraph (b) of this section, the terms set forth in this part have
the same meaning as set forth in 41 CFR part 60-250.
(b) For purposes of this part:
(1) Hiring location (this definition is identical to establishment
as defined by the instructions for completing Employer Information
Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit
which produces goods or services, such as a factory, office, store, or
mine. In most instances the establishment is at a single physical
location and is engaged in one, or predominantly one, type of economic
activity. Units at different locations, even though engaged in the same
kind of business operation, should be reported as separate
establishments. For locations involving construction, transportation,
communications, electric, gas, and sanitary services, oil and gas
fields, and similar types of physically dispersed industrial
activities, however, it is not necessary to list separately each
individual site, project, field, line, etc., unless it is treated by
the contractor as a separate legal entity with a separate Employer
Identification Number (EIN). For these physically dispersed activities,
list as establishments only those relatively permanent main or branch
offices, terminals, stations, etc., which are either:
(i) Directly responsible for supervising such dispersed activities,
or
(ii) The base from which personnel and equipment operate to carry
out these activities. (Where these dispersed
activities cross State lines, at least one such establishment should be
listed for each State involved.)
(2) Employee means any individual on the payroll of an employer who
is an employee for purposes of the employer's withholding of Social
Security taxes except insurance salespersons who are considered to be
employees for such purposes solely because of the provisions of section
3121(d)(3)(B) of the Internal Revenue Code (26 U.S.C.). The term
employee does not include persons who are hired on a casual basis for a
specified time, or for the duration of a specified job, and who work on
remote or scattered sites or locations where it is not practical or
feasible for the employer to make a visual survey of the work force
within the report period; for example, persons at a construction site
whose employment relationship is expected to terminate with the end of
the employees' work at the site; persons temporarily employed in any
industry other than construction, such as mariners, stevedores,
waiters/waitresses, movie extras, agricultural laborers, lumber yard
workers, etc., who are obtained through a hiring hall or other referral
arrangement, through an employee contractor or agent, or by some
individual hiring arrangement; or persons on the payroll of a temporary
service agency who are referred by such agency for work to be performed
on the premises of another employer under that employer's direction and
control.
(3) Job category means any of the following: Officials and
managers, professionals, technicians, sales workers, office and
clerical, craft workers (skilled), operatives (semiskilled), laborers
(unskilled), service workers, as required bythe Employer Information
Report EEO-1, Standard Form 100 (EEO-1 Report), as defined as follows:
(i) Officials and managers means occupations requiring
administrative and managerial personnel who set broad policies,
exercise overall responsibility for execution of these policies, and
direct individual departments or special phases of a firm's operation.
Includes: Officials, executives, middle management, plant managers,
department managers and superintendents, salaried supervisors who are
members of management, purchasing agents and buyers, railroad
conductors and yard masters, ship captains and mates (except fishing
boats), farm operators and managers, and kindred workers.
(ii) Professionals means occupations requiring either college
graduation or experience of such kind and amount as to provide a
background comparable to college education. Includes: Accountants and
auditors, airplane pilots and navigators, architects, artists,
chemists, designers, dietitians, editors, engineers, lawyers,
librarians, mathematicians, natural scientists, registered professional
nurses, personnel and labor relations specialists, physical scientists,
physicians, social scientists, surveyors, teachers, and kindred
workers.
(iii) Technicians means occupations requiring a combination of
basic scientific knowledge and manual skill which can be obtained
through about 2 years of post-high school education, such as is offered
in many technical institutes and junior colleges, or through equivalent
on-the-job training. Includes: Computer programmers and operators,
drafters, engineering aides, junior engineers, mathematical aides,
licensed, practical or vocational nurses, photographers, radio
operators, scientific assistants, technical illustrators, technicians
(medical, dental, electronic, physical science), and kindred workers.
(iv) Sales means occupations engaging wholly or primarily in direct
selling. Includes: Advertising agents and sales workers, insurance
agents and brokers, real estate agents and brokers, stock and bond
sales workers, demonstrators, sales workers and sales clerks, grocery
clerks and cashier-checkers, and kindred workers.
(v) Office and clerical includes all clerical-type work regardless
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering or
transporting the products is included. Includes bookkeepers, cashiers,
collectors (bills and accounts), messengers and office helpers, office
machine operators, shipping and receiving clerks, stenographers,
typists and secretaries, telegraph and telephone operators, legal
assistants, and kindred workers.
(vi) Craft workers (skilled) means manual workers of relatively
high skill level having a thorough and comprehensive knowledge of the
processes involved in their work. These workers exercise considerable
independent judgment and usually receive an extensive period of
training. Includes: The building trades, hourly paid supervisors and
lead operators who are not members of management, mechanics and
repairers, skilled machining occupations, compositors and typesetters,
electricians, engravers, job setters (metal), motion picture
projectionists, pattern and model makers, stationary engineers,
tailors, arts occupations, hand painters, coaters, decorative workers,
and kindred workers.
(vii) Operatives (semiskilled) means workers who operate machine or
processing equipment or perform other factory-type duties of
intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: Apprentices (auto mechanics,
plumbers, bricklayers, carpenters, electricians, machinists, mechanics,
building trades, metalworking trades, printing trades, etc.),
operatives, attendants (auto service and parking), blasters,
chauffeurs, delivery workers, dressmakers and sewers (except factory),
dryers, furnace workers, heaters (metal), laundry and dry cleaning
operatives, milliners, mine operatives and laborers, motor operators,
oilers and greasers (except auto), painters (except construction and
maintenance), photographic process workers, stationary firefighters,
truck and tractor drivers, weavers (textile), welders and flamecutters,
electrical and electronic equipment assemblers, butchers and meat
cutters, inspectors, testers and graders, handpackers and packagers,
and kindred workers.
(viii) Laborers (unskilled) means workers in manual occupations
which generally require no special training to perform elementary
duties that may be learned in a few days and require the application of
little or no independent judgment. Includes: garage laborers, car
washers and greasers, gardeners (except farm) and grounds keepers,
stevedores, wood choppers, laborers performing lifting, digging,
mixing, loading and pulling operations, and kindred workers.
(ix) Service workers means workers in both protective and non-
protective service occupations. Includes: Attendants (hospital and
other institutions, professional and personal service, including nurses
aides and orderlies), barbers, charworkers and cleaners, cooks (except
household), counter and fountain workers, elevator operators,
firefighters and fire protection workers, guards, doorkeepers,
stewards, janitors, police officers and detectives, porters, servers,
amusement and recreation facilities attendants, guides, ushers, public
transportation attendants, and kindred workers.
(4) Special disabled veteran means:
(i) A veteran of the U.S. military, ground, naval or air service
who is entitled to compensation (or who but for the receipt of military
retired pay would be entitled to compensation) under laws administered
by the Department of Veterans Affairs for a disability:
(A) Rated at 30 percent or more, or
(B) Rated at 10 or 20 percent in the case of a veteran who has been
determined under 38 U.S.C. 3106 to have a serious employment handicap;
or
(ii) A person who was discharged or released from active duty
because of a service-connected disability.
(5) Veteran of the Vietnam era means a veteran:
(i) Who served on active duty in the U.S. military, ground, naval
or air service for a period of more than 180 days, and who was
discharged or released therefrom with other than a dishonorable
discharge, if any part of such active duty was performed:
(A) In the Republic of Vietnam between February 28, 1961, and May
7, 1975, or
(B) Between August 5, 1964 and May 7, 1975 in any other location;
or
(ii) Who was discharged or released from active duty in the U.S.
military, ground, naval or air service for a service-connected
disability, if any part of such active duty was performed:
(A) In the Republic of Vietnam between February 28, 1961, and May
7, 1975; or
(B) Between August 5, 1964, and May 7, 1975, in any other location.
(6) Other protected veterans means any other veteran who served on
active duty in the U.S. military, ground, naval or air service during a
war or in a campaign or expedition for which a campaign badge has been
authorized, other than special disabled veterans or veterans of the
Vietnam era.
(7) OFCCP means the Office of Federal Contract Compliance Programs,
Employment Standards Administration, U.S. Department of Labor.
(8) VETS means the Office of the Assistant Secretary for Veterans'
Employment and Training, U.S. Department of Labor.
(9) States means each of the several States of the United States,
the District of Columbia, the Virgin Islands,the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, Wake Island,and the Trust Territories of the Pacific Islands.
(10) Eligibility period means the calendar year (January 1 through
December 31) preceding the year in which the report must be filed. This
calendar year is the same year in which the contractor received the
Federal contract.
(11) NAICS means the North American Industrial Classification
System.
