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Code of Federal Regulations Pertaining to ESA

Title 41  

Public Contracts and Property Management


Chapter 60  

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



Part 60-50  

Guidelines on Discrimination Because of Religion or National Origin

41 CFR 60-50.2 - Equal employment policy.

  • Section Number: 60-50.2
  • Section Name: Equal employment policy.

    (a) General requirements. Under the equal opportunity clause 
contained in section 202 of Executive Order 11246, as amended, employers 
are prohibited from discriminating against employees or applicants for 
employment because of religion or national origin, and must take 
affirmative action to insure that applicants are employed, and that 
employees are treated during employment, without regard to their 
religion or national origin. Such action includes, but is not limited to 
the following: Employment, upgrading, demotion, or transfer: Recruitment 
or recruitment advertising; layoff or termination; rates of pay or other 
forms of compensation; and selection for training, including 
    (b) Outreach and positive recruitment. Employers shall review their 
employment practices to determine whether members of the various 
religious and/or ethnic groups are receiving fair consideration for job 
opportunities. Special attention shall be directed toward executive and 
middle-management levels, where employment problems relating to religion 
and national origin are most likely to occur. Based upon the findings of 
such reviews, employers shall undertake appropriate outreach and 
positive recruitment activities, such as those listed below, in order to 
remedy existing deficiencies. It is not contemplated that employers 
necessarily will undertake all of the listed activities. The scope of 
the employer's efforts shall depend upon all the circumstances, 
including the nature and extent of the employer's deficiencies and the 
employer's size and resources.
    (1) Internal communication of the employer's obligation to provide 
equal employment opportunity without regard to religion or national 
origin in such a manner as to foster understanding, acceptance, and 
support among the employer's executive, management, supervisory, and all 
other employees and to encourage such persons to take the necessary 
action to aid the employer in meeting this obligation.
    (2) Development of reasonable internal procedures to insure that the 
employer's obligation to provide equal employment opportunity without 
regard to religion or national origin is being fully implemented.
    (3) Periodically informing all employees of the employer's 
commitment to equal employment opportunity for all persons, without 
regard to religion or national origin.
    (4) Enlisting the assistance and support of all recruitment sources 
(including employment agencies, college placement directors, and 
business associates) for the employer's commitment to provide equal 
employment opportunity without regard to religion or national origin.
    (5) Reviewing employment records to determine the availability of 
promotable and transferable members of various religious and ethnic 
    (6) Establishment of meaningful contacts with religious and ethnic 
organizations and leaders for such purposes as advice, education, 
technical assistance, and referral of potential employees.
    (7) Engaging in significant recruitment activities at educational 
institutions with substantial enrollments of students from various 
religious and ethnic groups.
    (8) Use of the religious and ethnic media for institutional and 
employment advertising.
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