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CFR  

Code of Federal Regulations Pertaining to ESA

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Title 41  

Public Contracts and Property Management

 

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Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

 

 

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Part 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities

 

 

 

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Subpart C  

Affirmative Action Program


41 CFR 60-741.44 - Required contents of affirmative action programs.

  • Section Number: 60-741.44
  • Section Name: Required contents of affirmative action programs.

    Acceptable affirmative action programs shall contain, but not 
necessarily be limited to, the following ingredients:
    (a) Policy statement. The contractor shall include an equal 
opportunity policy statement in its affirmative action program, and 
shall post the policy statement on company bulletin boards. The 
contractor must ensure that applicants and employees with disabilities 
are informed of the contents of the policy statement (for example, the 
contractor may have the statement read to a visually disabled 
individual, or may lower the posted notice so that it may be read by a 
person in a wheelchair). The policy statement should indicate the chief 
executive officer's attitude on the subject matter, provide for an audit 
and reporting system (see paragraph (h) of this section) and assign 
overall responsibility for the implementation of affirmative action 
activities required under this part (see paragraph (i) of this section). 
Additionally, the policy should state, among
other things, that the contractor will: recruit, hire, train and promote 
persons in all job titles, and ensure that all other personnel actions 
are administered, without regard to disability; and ensure that all 
employment decisions are based only on valid job requirements. The 
policy shall state that employees and applicants shall not be subjected 
to harassment, intimidation, threats, coercion or discrimination because 
they have engaged in or may engage in any of the following activities:
    (1) Filing a complaint;
    (2) (2) Assisting or participating in an investigation, compliance 
evaluation, hearing, or any other activity related to the 
administration of Section 503 of the Rehabilitation Act of 1973, as 
amended (Section 503) or any other Federal, State or local law 
requiring equal opportunity for disabled persons;
    (3) Opposing any act or practice made unlawful by section 503 or its 
implementing regulations in this part or any other Federal, State or 
local law requiring equal opportunity for disabled persons; or
    (4) Exercising any other right protected by section 503 or its 
implementing regulations in this part.
    (b) Review of personnel processes. The contractor shall ensure that 
its personnel processes provide for careful, thorough, and systematic 
consideration of the job qualifications of applicants and employees with 
known disabilities for job vacancies filled either by hiring or 
promotion, and for all training opportunities offered or available. The 
contractor shall ensure that its personnel processes do not stereotype 
disabled persons in a manner which limits their access to all jobs for 
which they are qualified. The contractor shall periodically review such 
processes and make any necessary modifications to ensure that these 
obligations are carried out. A description of the review and any 
necessary modifications to personnel processes or development of new 
processes shall be included in any affirmative action programs required 
under this part. The contractor must design procedures that facilitate a 
review of the implementation of this requirement by the contractor and 
the Government. (Appendix C of this part is an example of an appropriate 
set of procedures. The procedures in Appendix C of this part are not 
required and contractors may develop other procedures appropriate to 
their circumstances.)
    (c) Physical and mental qualifications. (1) The contractor shall 
provide in its affirmative action program, and shall adhere to, a 
schedule for the periodic review of all physical and mental job 
qualification standards to ensure that, to the extent qualification 
standards tend to screen out qualified individuals with disabilities, 
they are job-related for the position in question and are consistent 
with business necessity.
    (2) Whenever the contractor applies physical or mental qualification 
standards in the selection of applicants or employees for employment or 
other change in employment status such as promotion, demotion or 
training, to the extent that qualification standards tend to screen out 
qualified individuals with disabilities, the standards shall be related 
to the specific job or jobs for which the individual is being considered 
and consistent with business necessity. The contractor shall have the 
burden to demonstrate that it has complied with the requirements of 
paragraph (c)(2) of this section.
    (3) The contractor may use as a defense to an allegation of a 
violation of paragraph (c)(2) of this section that an individual poses a 
direct threat to the health or safety of the individual or others in the 
workplace. (See Sec. 60-741.2(y) defining direct threat.)
    (d) Reasonable accommodation to physical and mental limitations. The 
contractor shall make reasonable accommodation to the known physical or 
mental limitations of an otherwise qualified individual with a 
disability unless it can demonstrate that the accommodation would impose 
an undue hardship on the operation of its business. If an employee with 
a known disability is having significant difficulty performing his or 
her job and it is reasonable to conclude that the performance problem 
may be related to the known disability, the contractor shall 
confidentially notify the employee of the performance problem and 
inquire whether the problem is related to the employee's disability; if 
the employee responds affirmatively, the contractor shall confidentially 
inquire whether
the employee is in need of a reasonable accommodation.
    (e) Harassment. The contractor must develop and implement procedures 
to ensure that its employees with disabilities are not harassed because 
of disability.
    (f) External dissemination of policy, outreach and positive 
recruitment. The contractor shall undertake appropriate outreach and 
positive recruitment activities such as those listed in paragraphs 
(f)(1) through (7) of this section that are reasonably designed to 
effectively recruit qualified individuals with disabilities. It is not 
contemplated that the contractor will necessarily undertake all the 
activities listed in paragraphs (f)(1) through (7) of this section or 
that its activities will be limited to those listed. The scope of the 
contractor's efforts shall depend upon all the circumstances, including 
the contractor's size and resources and the extent to which existing 
employment practices are adequate.
    (1) The contractor should enlist the assistance and support of 
recruiting sources (including State employment security agencies, State 
vocational rehabilitation agencies or facilities, sheltered workshops, 
college placement officers, State education agencies, labor 
organizations and organizations of or for individuals with disabilities) 
for the contractor's commitment to provide meaningful employment 
opportunities to qualified individuals with disabilities. Formal 
briefing sessions should be held, preferably on company premises, with 
representatives from recruiting sources. Plant tours, clear and concise 
explanations of current and future job openings, position descriptions, 
worker specifications, explanations of the company's selection process, 
and recruiting literature should be an integral part of the briefing. 
Formal arrangements should be made for referral of applicants, follow up 
with sources, and feedback on disposition of applicants.
    (2) The contractor's recruitment efforts at all schools should 
incorporate special efforts to reach students with disabilities. The 
contractor should engage in recruitment activities at educational 
institutions which participate in training of individuals with 
disabilities, such as schools for the blind, deaf, or learning disabled. 
An effort should be made to participate in work-study programs with 
rehabilitation facilities and schools which specialize in training or 
educating individuals with disabilities.
    (3) The contractor should establish meaningful contacts with 
appropriate social service agencies, organizations of and for 
individuals with disabilities, and vocational rehabilitation agencies or 
facilities, for such purposes as advice, technical assistance and 
referral of potential employees. Technical assistance from the resources 
described in this paragraph may consist of advice on proper placement, 
recruitment, training and accommodations contractors may undertake, but 
no such resource providing technical assistance shall have authority to 
approve or disapprove the acceptability of affirmative action programs.
    (4) The contractor should include individuals with disabilities when 
employees are pictured in consumer, promotional or help wanted 
advertising. Individuals with disabilities should be made available for 
participation in career days, youth motivation programs, and related 
activities in their communities.
    (5) The contractor should send written notification of company 
policy to all subcontractors, vendors and suppliers, requesting 
appropriate action on their part.
    (6) The contractor should take positive steps to attract qualified 
individuals with disabilities not currently in the work force who have 
requisite skills and can be recruited through affirmative action 
measures. These persons may be located through the local chapters of 
organizations of and for individuals with disabilities.
    (7) The contractor, in making hiring decisions, should consider 
applicants with known disabilities for all available positions for which 
they may be qualified when the position(s) applied for is unavailable.
    (g) Internal dissemination of policy. (1) A strong outreach program 
will be ineffective without adequate internal support from supervisory 
and management personnel and other employees, who
may have had limited contact with individuals with disabilities in the 
past. In order to assure greater employee cooperation and participation 
in the contractor's efforts, the contractor shall develop internal 
procedures such as those listed in paragraph (g)(2) of this section for 
communication of its obligation to engage in affirmative action efforts 
to employ and advance in employment qualified individuals with 
disabilities. It is not contemplated that the contractor will 
necessarily undertake all the activities listed in paragraph (g)(2) of 
this section or that its activities will be limited to those listed. 
These procedures shall be designed to foster understanding, acceptance 
and support among the contractor's executive, management, supervisory 
and other employees and to encourage such persons to take the necessary 
actions to aid the contractor in meeting this obligation. The scope of 
the contractor's efforts shall depend upon all the circumstances, 
including the contractor's size and resources and the extent to which 
existing practices are adequate.
    (2) The contractor should implement and disseminate this policy 
internally as follows:
    (i) Include it in the contractor's policy manual.
    (ii) Periodically inform all employees and prospective employees of 
its commitment to engage in affirmative action to increase employment 
opportunities for qualified individuals with disabilities. The 
contractor should schedule special meetings with all employees to 
discuss policy and explain individual employee responsibilities.
    (iii) Publicize it in the company newspaper, magazine, annual report 
and other media.
    (iv) Conduct special meetings with executive, management, and 
supervisory personnel to explain the intent of the policy and individual 
responsibility for effective implementation, making clear the chief 
executive officer's attitude.
    (v) Discuss the policy thoroughly in both employee orientation and 
management training programs.
    (vi) Meet with union officials and/or employee representatives to 
inform them of the contractor's policy, and request their cooperation.
    (vii) Include articles on accomplishments of disabled workers in 
company publications.
    (viii) When employees are featured in employee handbooks or similar 
publications for employees, include individuals with disabilities.
    (h) Audit and reporting system. (1) The contractor shall design and 
implement an audit and reporting system that will:
    (i) Measure the effectiveness of the contractor's affirmative action 
program.
    (ii) Indicate any need for remedial action.
    (iii) Determine the degree to which the contractor's objectives have 
been attained.
    (iv) Determine whether individuals with known disabilities have had 
the opportunity to participate in all company sponsored educational, 
training, recreational and social activities.
    (v) Measure the contractor's compliance with the affirmative action 
program's specific obligations.
    (2) Where the affirmative action program is found to be deficient, 
the contractor shall undertake necessary action to bring the program 
into compliance.
    (i) Responsibility for implementation. An official of the contractor 
shall be assigned responsibility for implementation of the contractor's 
affirmative action activities under this part. His or her identity 
should appear on all internal and external communications regarding the 
company's affirmative action program. This official shall be given 
necessary top management support and staff to manage the implementation 
of this program.
    (j) Training. All personnel involved in the recruitment, screening, 
selection, promotion, disciplinary, and related processes shall be 
trained to ensure that the commitments in the contractor's affirmative 
action program are implemented.
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