SECTION 2 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY PROGRAM

AAP-2.01     Definitions

A.            Affirmative Actions - Efforts exerted toward achieving EEO through positive, aggressive, continuous results-oriented measures to correct past and present discriminating practices and their effects on conditions/privileges of employment.

B.           Contractor/Subcontractor - Individual, partnership, firm or corporation undertaking execution of work under contract terms acting directly or through agents/employees.

C.            Corrective Action - Contractors written, signed commitment outlining specific action to be taken with time limits, goals, etc., to correct violation of EEO regulations.

D.            Discrimination - Distinction in treatment, whether intentional/unintentional, based on political, religious opinion/affiliation, race, color, creed, national origin, sex, physical/mental disability, age, except where sex, disability or age involves a bona fide job requirement.

E.            Equal Employment Opportunity Officer - Designated employee of Contractor whose responsibility it shall be to implement and maintain the Affirmative Action Plan.

F.            Good Faith Effort - Documented efforts on the part of a bidder/contractor that were intensive, aggressive and of a sincere nature for a specific project far beyond a simple paperwork exercise.

G.           Personnel Actions - All decisions respecting employment including, but not limited to, hiring, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training to include apprenticeship, pre-apprenticeship or on-the-job training.

AAP-2.02     Legal Mandates

A.            Title VI, Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in all programs and activities which receive Federal Financial Aid. Employment discrimination is prohibited if primary purpose of Federal assistance is a provision of employment, e.g. apprenticeship, training, or similar programs. Revised 1973 guidelines prohibit discriminatory employment practices in programs if such practices cause discrimination in services provided to beneficiaries of the program.

B.            Title VII, Civil Rights of 1964 (as amended by the EEO Act of 1972). Title VII prohibits discrimination because of race, color, religion, sex, national origin, in any term, condition, or privilege of employment.

C.        Executive Order 11246 (as amended). Order issued by President in 1965 requires EEO/Affirmative Action Programs by all Federal Contractors/subcontractors. It also requires firms with contracts over $50,000 and 50 or more employee develop/ implement written programs, which shall be monitored by the Federal Office of Contract Compliance. Specific requirements for such result-oriented programs are identified in Revised Order #4, issued by the Federal Office of Contract Compliance US Department of Labor. Requirements include identifying areas of minority/female under-utilization, numerical promotional, hiring goals, and other actions to increase minority employment in classifications where they are currently under-utilized.

D.            The Age Discrimination Act of 1967 prohibits employers of 25 or more persons from discriminating against persons 40-65 years of age in employment due to age.

E.            National Labor Relations Act of 1935.  Discrimination on the basis of race, religion, sex, or national origin constitutes an unfair labor practice under this Act.  It shall be unlawful for employers to participate with unions in the commission of any discriminatory practices under this Act, or to practice discrimination in a manner, which gives rise to racial, or other division, amongst employees to the detriment of organized union activity.  It is unlawful for unions to exclude individuals discriminatorily from union memberships, which cause them to lose job opportunities, discriminate in the representation of union members or non-members in collective bargaining, in processing or grievance, or in any other respect, which may cause or attempt to cause employers to enter into discriminatory agreements, or otherwise discriminate against members and non-members.

F.            Governor's Code of Fair Practices for the State of Maryland (Amended).  The Governor of Maryland issued a revised Code of Fair Practices which was promulgated July 1988 as the Governor's Executive Order 01.01.1995.19, in recognition of the State's responsibility to root out evils of discrimination based on race, color, creed, national origin, sex, and age. This Code was amended to be in compliance with Federal mandates regulating laws pertinent to EEO/Affirmative Action.

G.           Rehabilitation Act of 1973 (Public Law 93-112).  Law provides a statutory basis for Rehabilitation Services Administration to authorize programs to promote/expand employment opportunities in public and private sectors for handicapped individuals.

H.            Section 13-219, State Finance and Procurement Article, Annotated Code of Maryland provides for non-discrimination in State construction contracts subcontracts. Provision obligates Contractor not to discriminate in any manner against any employee or applicant for employment because of race, creed, color, or national origin and obligates subcontractors to same.

I.             Other Laws. Employment discrimination has also been ruled by courts to be prohibited by the civil Rights Acts of 1866 and 1870, the equal protection clause of the Fourteenth Amendment of the Constitution of the United States, and the Equal Pay Act of 1963.  Action may be taken on behalf of individuals or groups, private organizations, trade unions, or other groups, under these laws.

AAP-2.03     Assignment of Responsibilities

A.            Contractor shall designate an EEO Officer, whose responsibilities shall include implementing Affirmative Action Plan, coordinate, advise, assist management, and key officials, render periodic reports to responsible executives relative to progress, and make appropriate recommendations along these lines to executives of project.

B.            The name of the EEO Officer, telephone number, and address where he/she can be reached concerning any acts or alleged acts of discrimination, shall be posted on the bulletin board at the home office as well as on the bulletin boards on all job-sites.

AAP-2.04     Dissemination of Policy

The Contractor shall take appropriate steps to insure that all employees are advised of its policy of non-discrimination and of its interest in actively and affirmatively providing equal employment opportunity for all citizens.  The steps include:

A.            Periodic meetings of supervisory and personnel office employees to be conducted at least every 6 months so that the EEO policy and plan may be revised and explained.

B.            All new supervisory and personnel office employees are to be made aware of the EEO policy and plan as soon as practicable, but certainly within 30 days following the date of entry for duty.

C.            Contractor shall make EEO policy known to all employees, prospective employees, and potential sources of employees, through schools, employment agencies, labor unions, college placement officers, etc., by taking the following actions:

1.            Notices and posters setting forth the EEO policy shall be placed in areas readily accessible to employees and applicants for employment.

2.            The EEO policy and the procedures for implementing the EEO policy shall be brought to the attention of employees through meetings, employee handbooks, or other appropriate means.

AAP-2.05     Recruitment

A.            Contractor shall include in all advertising the following notation: "An Equal Opportunity Employer". Contractor shall insert all advertisements in newspapers or publications having large circulation among minorities/females in area from which the project work is derived.

B.            Contractor shall, unless precluded by valid collective bargaining agreement, conduct systematic, direct recruitment through public and private employee referral sources likely to yield qualified minority/female applicants, including, but not limited to, State employment agencies, school, college, minority/female organizations, i.e., the Urban League, NAACP, etc.  To meet this requirement, we shall identify sources of potential minority/female employees and establish such sources procedures whereby minority/female applicants may be referred to us for employment consideration

C.            Contractor shall develop procedures for promoting employment of minority/ female youth on an after-school, summer, and vacation basis, to the extent possible.

D.            Contractor shall encourage its employees to refer minority/female applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees.  In addition, information and procedures with regard to referring minority/female applicants shall be discussed with employees.

AAP-2.06     Personnel Actions

To avoid discrimination in personnel actions, the following procedures shall be followed:

A.            Contractor shall conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory practices.

B.            Contractor shall periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

C.            Contractor shall periodically review personnel actions in depth to determine whether there is any evidence of discrimination.  Where evidence is found, prompt corrective action shall be taken immediately.

D.            Contractor shall investigate all complaints of alleged discrimination and attempt to resolve such complaints. Additionally, if the investigation indicates that the discrimination may affect persons other than complainant, appropriate corrective actions shall include other persons. Upon completion of each investigation, each complainant shall be informed of all avenues of appeal.

AAP-2.07     Training and Promotion

To eliminate discrimination in training and promotion, the following actions shall be taken:

A.            Contractor shall assist in locating, qualifying, and increasing the skills of minority/female employees and applicants for employment.

B.            Consistent with employment requirements and permissible under State regulations, full use shall be made of training programs, i.e., pre-apprenticeship, apprenticeship, and on-the-job training programs for the geographical area of contract performance.

C.            Contractor shall advise employees and applicants for employment of available training programs and entrance requirements for the programs.

D.            Contractor shall periodically review training/promotional potential of minority/ female employees and encourage eligible employees to apply for training/ promotions.

AAP-2.08     Utilization of Unions

This section deleted in its entirety.

AAP-2.09     Utilization of Subcontractors

A.            Contractor shall use good faith efforts to employ subcontractors whose employees reflect minority/female groups approximately equal to the number available in the current labor pool population, or owned by a minority/female.

B.            Contractor shall use good faith efforts to assure all subcontractors comply with EEO obligations as defined in the amended Governor's Code of Fair Practices.

AAP-2.10     Records and Reports

A.            In accordance with the Governor's Code, Article III, Section A&C(2), Contractor shall keep such records as are necessary to determine compliance with EEO obligations.  The records kept shall be designed to indicate:

1.            Number of minority/female and other persons employed in each work classification of the project.

2.            Progress/efforts being made in cooperation with unions, if any, to increase minority/female employment opportunities.

3.            Progress/efforts being made in locating, hiring, training, qualifying, and upgrading minority/female employees.

4.            Progress/efforts made to secure services of minority/female subcontractors.

B.            All such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the Administration.

C.            Contractor shall submit to the Administration a monthly report for the first three months after the contract begins and thereafter, upon request of the Administration for the duration of the project.  Report shall indicate number of minority/female employees currently engaged in each work classification.

AAP-2.11     Monitoring

This Section is deleted in its entirety.

AAP-2.12     Employment Goals and Timetables for Minority and Female Utilization in All Trades

For a project performed in any region addressed below, the following goals and timetables, as appropriate, for minority and female utilization shall be applicable.  The total distribution of work hours (actual work hours performed on the job) for minorities and females shall be consistent with the following utilization goals for minorities and females, respectively, and shall apply to all trades.