Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.36 - Compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency
					 contract compliance officer shall receive information to determine whether
					 contractors are in compliance with this chapter, and the nondiscrimination
					 clause required by §
											49.101 (relating to
					 nondiscrimination clause). A determination by one State contracting agency that
					 a contractor is in compliance shall create a presumption of compliance as to
					 all other State contracting agencies.
(b) The purpose of a compliance review is to
					 determine if a State contractor maintains nondiscriminatory hiring and
					 employment practices under which applicants are employed and employes are
					 placed, trained, upgraded, promoted and otherwise treated during employment
					 without regard to race, color, religious creed, national origin, ancestry, sex
					 or age. If a contractor is operating under an existing affirmative action plan,
					 compliance review will also seek to determine whether the contractor is making
					 a good faith effort to comply with that plan. A compliance review shall consist
					 of a comprehensive analysis and evaluation of each aspect of the aforementioned
					 policies and practices, and conditions resulting therefrom. The review shall
					 consider, inter alia, whether minority groups and women are currently being
					 discriminated against in any one or more job classification. Classification
					 shall mean one or more groups of jobs having similar content, wage rates and
					 opportunities.
(c) In determining
					 whether minorities and women are being discriminated against in a job
					 classification the following factors shall be considered, where relevant, in
					 accordance with the standards and definitions as the Commission shall
					 promulgate and publish:
(1) The minority and
					 female population of the labor area surrounding the facility.
(2) The size of the minority and female
					 employment and unemployment force in the labor area surrounding the
					 facility.
(3) The percentage of the
					 minority and female work force as compared with the total work force in the
					 immediate labor areas.
(4) The
					 general availability of minorities and women having requisite skills in the
					 immediate labor area.
(5) The
					 availability of minorities and women having requisite skills in an area in
					 which the contractor can reasonably recruit.
(6) The availability of promotable and
					 transferable minorities and women within the facility, except where it is the
					 general policy of the contractor to transfer and/or promote personnel in
					 certain job classifications within a larger organizational unit, in which case
					 the availability of qualified minorities and women within that unit must be
					 considered;
(7) The existence of
					 training institutions capable of training persons in the requisite
					 skills.
(8) The degree of training
					 which the contractor is reasonably able to undertake as a means of making all
					 job classifications available to otherwise qualified minorities and
					 women.