California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 5 - Contractor Nondiscrimination and Compliance › Article 1 - General Matters › Section 11103 - Nondiscrimination Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Definition and Purpose. A nondiscrimination program (hereinafter referred to as
					 "the program") is a set of specific and result-oriented procedures to which a
					 contractor or subcontractor commits itself for the purpose of insuring equal
					 employment opportunity for all employees or applicants for employment. The
					 program shall contain the following elements:
(1) Development or reaffirmation of the
					 contractor's equal employment opportunity policy in all personnel
					 actions.
(2) Formal internal and
					 external dissemination of the contractor's policy.
(3) Establishment of responsibilities for
					 implementation of the contractor's program.
(4) Annual identification of any existing
					 policies or practices that have resulted in disproportionately inhibiting the
					 employment, promotion or retention of any group protected by the Act.
(A) Analysis of Employment Selection
					 Procedures. The program shall include an identification and analysis of
					 contractor promotional and entry-level selection procedures and shall identify
					 any such policies or procedures that have resulted in practices
					 disproportionately inhibiting the employment, promotion or retention of any
					 group or groups protected by the Act. The retention of such practices so
					 identified can only be justified according to the principles of business
					 necessity upon a demonstration that no reasonable alternatives to such
					 practices exist. The prospective contractor shall eliminate any practices that
					 cannot be so justified.
(B)
					 Workforce Analysis. The program will contain a workforce analysis, which shall
					 consist of a listing of each job title that appears in applicable collective
					 bargaining agreements of payroll records ranked from the lowest paid to the
					 highest paid within each department or other similar organizational unit,
					 including departmental or unit supervisory personnel. For each job title, the
					 total number of incumbents, and the total number of male and female incumbents,
					 and the total number of male and female incumbents broken down by race and/or
					 national origin. The wage rate or salary range for each job title must be
					 given. All job titles, including all managerial job titles, must be listed. If
					 there are separate work units or lines of progression within a department, a
					 separate list must be provided for each such work unit, or line, including unit
					 supervisors. For lines of progression there must be indicated the order of jobs
					 in the line through which an employee could move to the top of the line. Where
					 there are no formal progression lines or usual promotional sequences, job
					 titles should be listed by department, job families, or disciplines, in order
					 of wage rates or salary ranges.
(C)
					 Utilization Analysis. Employers with 250 or more employees must perform a
					 utilization analysis, which shall consist of an analysis of the major job
					 groups at the facility in order to determine whether members of any group
					 protected by the Act are being underutilized when compared to their
					 availability. A job group for this purpose shall consist of one or more jobs
					 that have similar content, wage rates, and opportunities. Underutilization is
					 defined as having a statistically significant lower utilization of any group
					 protected by the Act in a particular job group than their availability.
					 Availability is defined as the availability in the labor force. The labor force
					 for this purpose may vary depending upon the type of job in question, and the
					 contractor's past practice, and could encompass the contractor's existing
					 employees, and, for example, the area immediately surrounding the facility
					 where the vacancy exists for low-skill jobs or it could encompass the entire
					 nation for highly-skilled managerial positions. The employer shall conduct a
					 separate utilization analysis for each protected group.
(5) Development and execution of policies and
					 procedures designed to correct problems and attain equal employment
					 opportunities for all applicants and employees.
(6) Design and implementation of internal
					 audit and reporting systems to measure the effectiveness of the total
					 program.