Laws: Title VI and VII of the Civil Rights Act of 1964
Federal Aid Highway Act of 1968 (23 USC 140,324)
Age Discrimination Act of 1975
Civil Rights Restoration Act of 1987
Regulations: –23 CFR Part 200, 230 (Subparts A, C, and D)
–23 CFR Part 635.117(Subparts D and E)
–49 CFR 21 and 26
Contract Provisions: FHWA Form 1273
• Must be “physically incorporated” in each federal-aid construction contract (including design-build, subcontracts, and lower tier subcontracts)
Appointment of EEO Officer
Contractor must appoint and designate a responsible company official to serve as the company EEO Officer.
• Contact information for the company’s EEO Officer must be distributed to all employees.
• EEO Officer must be delegated the authority to effectively administer and promote an active EEO program.
• EEO Officer must have access to records for every employee, including name, address, telephone, gender, race, etc.
EEO Officer Responsibilities
Review contractor’s EEO policy for compliance with Federal and State requirements.
• Assist in identifying and resolving EEO problems to include alleged complaints of discrimination.
• Design and implement audits to track the effectiveness of the EEO policy and procedures.
• Serve as a liaison between the contractor and ODOT.
• Maintain all required paperwork to document contractor’s good faith efforts toward EO compliance.
• Keep management informed of all EEO matters and problems within company.
• Ensure equal employee access to all facilities owned/operated/used by company.
General Contractor Requirements
Development and Dissemination of EEO Policy
Adopt the following EEO policy statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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 apprenticeship, pre-apprenticeship, and/or on-the-job training.“
• Ensure that all contractor personnel in supervisory and/or hiring positions are fully aware of the company’s EEO policy and contractual obligations.
• Disseminate company EEO policy to all employees. (Employee handbooks, meetings, newsletters, posted on bulletin boards, etc.)
Equal Opportunity Procedures
EEO Officer must conduct required meetings before the start of work and every six months after during which the contractor’s EEO policy, and its implementation will be reviewed and explained. Minutes documenting what items were covered and sign-in sheets to include the name and title of all attendees should be maintained.
• All new supervisory and personnel employees must be trained on EEO responsibilities and procedures within 30 days of reporting for duty by the contractor’s EEO Officer.
• Contractor must develop and post complaint procedures and promptly investigate all alleged complaints of discrimination within a reasonable timeframe.
Recruitment and Advertising
Contractor must maintain an applicant flow log for all applicants to include date of application, name, address, race, gender, telephone number, position applied for, recruitment source and final disposition code.
• Contractor must practice affirmative action in recruiting and hiring: Current employees should be encouraged to recruit and refer qualified women and minorities for employment.
“An Equal Opportunity Employer” phrase should be displayed on all advertisements including company letterhead and job applications.
• Develop, utilize, and periodically update list of recruitment sources for minority and women community organizations.
• Contractor should consult the Civilian Labor Force (CLF) statistics published by the Census Bureau to determine the availability of minority and women within their recruitment area. Additional information and access to this tool can be found by clicking here.
• Utilization of the CLF statistics will enable contractor to determine the degree to which action must be taken to seek minority and female recruits.
• Contractor must maintain records documenting progress and good faith efforts made in locating and hiring minority and women employees.
• Vacancy Letters
• Follow-up efforts
• Communication Log
Personnel Practices and Evaluations
Contractor must ensure that work assignments, job classifications, promotions/raises, training opportunities, and salaries are offered in a nondiscriminatory manner.
• Contractor must implement and make full use of general training programs (i.e. OJT, apprenticeship, etc.).
• Contractor must advise all employees of available training opportunities and the training selection process, as well as document all training activities.
• Contractor must review all personnel actions to include promotions, pay increases, spread of wages, training opportunities, terminations, lay-offs, hiring, etc. to ensure nondiscrimination.
Bulletin Board Information
Prime contractor must post information at the construction site in an area readily accessible to current employees, applicants, and potential employees. Click here for detailed information.
Contract Compliance Reviews
A systematic, comprehensive review of the employment practices of ODOT contractors and/or subcontractors in order to determine if they are complying with EEO contractual requirements. Process involves:
Meeting with EEO Officer to discuss deficiencies / corrective action
Evaluation of employment practices and procedures
Determination of any discriminatory practices