(a) Purpose: Placement goals serve as objectives or targets
reasonably attainable by means of applying every good faith effort to
make all aspects of the entire affirmative action program work.
Placement goals also are used to measure progress toward achieving
equal employment opportunity.
(b) A contractor's determination under Sec. 60-2.15 that a
placement goal is required constitutes neither a finding nor an
admission of discrimination.
(c) Where, pursuant to Sec. 60-2.15, a contractor is required to
establish a placement goal for a particular job group, the contractor
must establish a percentage annual placement goal at least equal to the
availability figure derived for women or minorities, as appropriate,
for that job group.
(d) The placement goal-setting process described above contemplates
that contractors will, where required, establish a single goal for all
minorities. In the event of a substantial disparity in the utilization
of a particular minority group or in the utilization of men or women of
a particular minority group, a contractor may be required to establish
separate goals for those groups.
(e) In establishing placement goals, the following principles also
apply:
(1) Placement goals may not be rigid and inflexible quotas, which
must be met, nor are they to be considered as either a ceiling or a
floor for the employment of particular groups. Quotas are expressly
forbidden.
(2) In all employment decisions, the contractor must make
selections in a nondiscriminatory manner. Placement goals do not
provide the contractor with a justification to extend a preference to
any individual, select an individual, or adversely affect an
individual's employment status, on the basis of that person's race,
color, religion, sex, or national origin.
(3) Placement goals do not create set-asides for specific groups,
nor are they intended to achieve proportional representation or equal
results.
(4) Placement goals may not be used to supersede merit selection
principles. Affirmative action programs prescribed by the regulations
in this part do not require a contractor to hire a person who lacks
qualifications to perform the job successfully, or hire a less
qualified person in preference to a more qualified one.
(f) A contractor extending a publicly announced preference for
American Indians as is authorized in 41 CFR 60-1.5(a)(6) may reflect in
its placement goals the permissive employment preference for American
Indians living on or near an Indian reservation.
