Section 4-602. AFFIRMATIVE ACTION

 

602.1Each franchisee granted a franchise to operate a cable television system in the District of Columbia shall submit to the Office of Human Rights, for approval, a written affirmative action plan with goals and timetables to meet the requirements of the Cable Television Act of 1981, Title 34, Chapter12 of the D.C. Official Code (2001).

 

602.2Each affirmative action plan shall include as a minimum the following:

 

(a)An affirmative action statement which includes a clear and unambiguous declaration of commitment to the principles of equal opportunity. The statement shall include a provision stating that the franchisee prohibits discrimination in its employment, in its policies, and in its practices in accordance with the District of Columbia Human Rights Act of 1977, Title 2, Chapter 14 of the D.C. Official Code (2001), and shall specify its protected classes; and

 

(b)An administrative statement which includes how the franchisee’s affirmative action plan is to be implemented and which key officials are responsible for its implementation. The administrative statement shall contain the name, job title, and work location of the affirmative action officer. The statement shall be signed by the top official of the franchisee.

 

602.3Each franchisee shall annually provide in its affirmative action plan a workforce analysis which provides a numerical and percentile breakdown of its full-time and part-time employees, separately by racial or ethnic minorities, sex, age, and disability. In addition, all employees shall be arrayed by their occupational categories and income brackets.

 

602.4The job and occupational categories shall include as a minimum the following categories:

 

(a)Officials and managers;

 

(b)Professionals;

 

(c)Technicians;

 

(d)Sales persons;

 

(e)Office and clerical personnel;

 

(f)Skilled craft personnel;

 

(g)Semi-skilled personnel;

 

(h)Unskilled laborers; and

 

(i)Service workers.

 

602.5Each franchisee shall annually provide in its affirmative action plan an availability analysis. The availability analysis shall show the percentile breakdown by racial or ethnic minorities and sex of the relevant labor force arrayed according to the occupational categories listed in § 602.4.

 

602.6The franchisee shall assess the relevant labor force by determining the geographical area from which recruitment for the franchisee workforce can reasonably occur. The percentile breakdown by race or ethnicity and sex shall be determined by the analysis method promulgated by the Office of Federal Contract Compliance Programs, 41 Code of Federal Regulations, Chapter 60-2, Revised Order, No.4.

 

602.7Each franchisee shall conduct a quantitative utilization analysis for its affirmative action plan. The quantitative utilization analysis shall compare work force analysis with availability analysis to show the numerical and percentile underrepresentation, if any, in the franchisee’s workforce by racial or ethnic minorities and sex.

 

602.8Each franchisee shall conduct a qualitative utilization analysis for its affirmative action plan. An analysis shall show whether and where a franchisee’s employment policies and practices do or tend to exclude, disadvantage, restrict or adversely impact on the basis of race, ethnicity, age, sex, and disability. It shall also show whether and where effects of prior illegal discrimination are left uncorrected. The analysis may include the following areas:

 

(a)Recruitment efforts and methods;

 

(b)Applicant flow characteristics study;

 

(c)Interview, selection, appointment, and placement policies and practices;

 

(d)Policies and practices affecting transfers, promotions and reallocations;

 

(e)Selection of employees for training; and

 

(f)Policies and practice in demotion, discipline, termination and reduction in force.

 

602.9The franchisee’s affirmative action goals and timetable shall specify the appropriate actions and timeframes in which problems identified under §§ 602.7 and 602.8 are targeted to be remedied. These actions may include, but not be limited to, the following:

 

(a)Devise a recruitment program in conjunction with the District of Columbia Department of Employment Services;

 

(b)Devise a recruitment program in conjunction with professional minority and women organizations, and cable or communication organizations;

 

(c)Validate the selection instrument in conjunction with the Uniform Guidelines on Employee Selection Procedures issued by the United States Equal Opportunity Commission, as amended, which appear in 29 CFR § 1607;

 

(d)Devise apprenticeship programs and other on-the-job training programs; or

 

(e)Revise and improve other personnel policies and practices in order to best accomplish full equal employment opportunity in the franchisee workforce.

 

602.10The franchisee shall determine the timetable within which it expects to meet its established goals and the goals specified in the Cable Television Act of 1981. In setting the timetable, the franchisee may consider the following:

 

(a)Anticipated vacancies and positions; and

 

(b)Workforce turnover rate.

 

602.11The franchisee shall prepare goals and timetables for each organizational unit at all locations of its operations.

 

602.12The Office of Human Rights and the Commission on Human Rights shall submit an annual report to the Council of the District of Columbia, stating whether the franchisee is in compliance with the affirmative action requirements of the Cable Television Act of 1981 and recommend suspension or termination of the franchise, if necessary.

 

source

Final Rulemaking published at 35 DCR 7187, 7188-90 (September 30, 1988).