§ 10-06 Criteria for Compliance – Generally.
RCNY § 10-06
The Division shall determine the contractor's compliance status after analysis of the composition of its work force and its employment policies and practices using the criteria enumerated in this section. In the event the analysis reveals that the contractor has not met the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, the Division may with the contractor develop an Employment Program to correct any underutilization or employment policies and practices which mitigate against equal employment-opportunity. The Employment Program shall consist of mandated actions based upon the criteria set forth in this section.
(a)Equal employment opportunity policy statement.
(1)All covered contractors must have a written equal employment opportunity policy which indicates the chief executive's commitment to equal employment opportunity, assigns overall responsibility for implementation and provides for a reporting and monitoring procedure.
(2)The contractor shall disseminate its equal employment opportunity policy internally as follows: (i) Include the policy in employee and supervisor manuals; (ii) Publicize the policy and company achievements in equal employment in company newspapers, magazines, annual reports, and other company publications; (iii) Discuss and explain the policy in training sessions and other meetings with employees, executive, management, and supervisory personnel, indicating individual responsibility for effective implementation; (iv) Meet with union officials to inform them of the policy, review all contractual provisions to insure they are nondiscriminatory, and bargain with respect to the inclusion of nondiscrimination clauses in all union agreements; and (v) Post the policy on company bulletin boards.
(3)The contractor shall disseminate its equal employment opportunity policy externally as follows: (i) Inform all recruiting sources verbally and in writing of company policy, stipulating that these sources actively recruit and refer members of all protected groups for all positions; (ii) Incorporate the equal employment opportunity policy into all purchase orders, contracts, etc., covered by E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations; and (iii) Communicate the policy in all solicitations or advertisements for employees placed by or on behalf of the contractor.
(4)An executive of the contractor shall be appointed as director or manager of company equal employment programs with sufficient resources to carry out the responsibility. His or her identity should appear on all internal and external communications on the company's equal employment policy and programs. His or her responsibilities should include: (i) Developing policy statements, equal employment programs, internal and external communication techniques and programs; (ii) Assisting in the identification of problem areas; (iii) Assisting line management in arriving at solutions to problems; (iv) Designing and implementing audit and reporting systems that will (A) Measure effectiveness of the contractor's policy and implementing programs including supervisors' and management's adherence to the equal employment opportunity policy; (B) Indicate need for remedial action; (C) Determine the degree to which the contractor's equal employment objectives have been met; (v) Serve as liaison between the contractor and enforcement agencies; (vi) Serve as liaison between the contractor and minority organizations, women's organizations, advocate organizations for other protected groups and community action groups concerned with equal employment opportunity.
(b)Workforce analysis and identification of problem areas.
(c)Analysis of policies and practices – identification of problem areas. The Division shall analyze the following policies, practices and procedures of the contractor to insure that individuals are not discriminated against on the basis of their race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status: (1) The composition of applicant flow; (2) The total selection process including position descriptions, position titles, worker specifications, application forms, interview procedures, pre-employment physical exams, inquiries with respect to disabilities, test administration, test validity, referral procedures, final selection process and similar factors; (3) Transfer and promotion practices; (4) Wage rates, salaries, fringe benefits and other forms of compensation; (5) Facilities including architectural and other barriers to the employment of handicapped persons, company sponsored recreation and social events, and special programs such as educational assistance; (6) Seniority practices and seniority provisions of union contracts; (7) Apprenticeship programs; (8) All company training programs, formal and informal; (9) Working atmosphere; and (10) Technical phases of compliance, such as notification to labor unions, retention of applications, notification to subcontractors, etc.
(d)Special provisions concerning compliance.
(e)Establishment of an employment program. If any of the following items are found by the Division in its analysis and the contractor fails to demonstrate that the item does not have a discriminatory effect, an Employment Program may be developed by the Division and the contractor containing special corrective action: (1) Underutilization of minorities or women in specific job groups; (2) Lateral or vertical movement of minority, female, handicapped or older employees occurring at a proportionately lesser rate than that of other employees; (3) Selection procedures which eliminate a significantly higher percentage of minorities, women, handicapped or older employees as compared to other employees; (4) Application and related pre-employment forms which do not comply with applicable equal employment standards; (5) Disparity in the wages, salaries, fringe benefits and other forms of compensation paid to minorities, women, handicapped or older employees as compared to other employees; (6) Position descriptions which are inaccurate in relation to actual functions and duties performed; (7) Formal or scored selection procedures not validated as required by applicable equal employment standards; (8) Tests not validated as required by applicable equal employment standards; (9) Discriminatory rejection of applicants for employment; (10) Minorities, women, handicapped, or older employees are excluded from or are not participating in company-sponsored activities or programs; (11) De facto segregation exists at some of the contractor's facilities; (12) Architectural barriers to the employment and promotion of handicapped persons; (13) Seniority provisions which are discriminatory and not bona fide; (14) Failure by managers, supervisors or employees to support company EEO policy; (15) Minorities, women, handicapped or older employees are significantly underrepresented in training or career improvement programs; (16) No formal techniques established for evaluating effectiveness of equal employment opportunity programs; (17) No formal techniques established for evaluating supervisor adherence to equal employment opportunity programs; (18) Labor unions and subcontractors not notified of their responsibilities; or (19) Purchase orders not containing equal employment opportunity clause.
(f)Contents of an employment program. An Employment Program is a unique program developed to meet the needs of each contractor. The following illustrate the types of corrective actions which may be implemented in specific circumstances.
(5)Contractors should maintain adequate employment data with reference to minority status and sexual status, including progression line charts, seniority rosters, applicant flow data, applicant rejection ratios, referrals, placements, promotions and terminations, indicating minority and sex. (Amended City Record 10/31/2023, eff. 11/30/2023)
