729 

Federal Aviation Administration, DOT 

§ 152.409 

construction contractors) which em-
ploys 50 or more employees on the air-
port to prepare, and keep on file for re-
view by the FAA Office of Civil Rights, 
an affirmative action plan developed in 
accordance with the standards in 
§ 152.409, unless the activity is subject 
to one of the mechanisms described in 
paragraphs (b) (1) through (3) of this 
section. 

(d) Each sponsor shall require each 

aviation related activity described in 
paragraph (c) of this section to simi-
larly require each of its covered sub-
organizations (other than construction 
contractors) which employs 50 or more 
employees on the airport to prepare, 
and to keep on file for review by the 
FAA Office of Civil Rights, an affirma-
tive action plan developed in accord-
ance with the standards in § 152.409, un-
less the suborganization is subject to 
one of the mechanisms described in 
paragraphs (b) (1) through (3) of this 
section. 

§ 152.409

Affirmative action plan 

standards. 

(a) Each affirmative action plan re-

quired by this subpart shall be devel-
oped in accordance with the following: 

(1) An analysis of the employer’s 

aviation workforce which groups em-
ployees into the following job cat-
egories: 

(i) Officials and managers. 
(ii) Professionals. 
(iii) Technicians. 
(iv) Sales workers. 
(v) Office and clerical workers. 
(vi) Craft workers (skilled). 
(vii) Operatives (semi-skilled). 
(viii) Laborers (unskilled). 
(ix) Service workers. 
(2) A comparison separately made of 

the percent of minorities and women in 
the employer’s present aviation work-
force (in each of the job categories list-
ed in paragraph (a)(1) of this section) 
with the percent of minorities and 
women in each of those categories in 
the total workforce located in the 
SMSA, or, in the absence of an SMSA, 
in the counties contiguous to the em-
ployer’s location or the location where 
the work is to be performed and in the 
areas from which persons may reason-
ably be expected to commute. This 
data on the total workforce of the ap-

plicable area will be supplied to grant-
ees by the FAA. Grantees shall make 
this data available to the other organi-
zations covered by this subpart. The 
comparison for minorities must be 
made only when minorities constitute 
at least 2 percent of the total work-
force in the geographical area used for 
the comparison. 

(3) A comparison, for the aviation 

workforce, of the total number of ap-
plicants and persons hired with the 
total number of minority and female 
applicants, and minorities and females 
hired, for the past year. Where this 
data is unavailable, the employer shall 
establish and maintain a system to 
provide the data, and shall make the 
comparison 120 days after establishing 
the data system. 

(4) Where the percentage of minori-

ties and women in the employer’s avia-
tion workforce, in each job category, is 
less than the minority and female per-
centage in any job category in the 
workforce of the geographical area 
used, an analysis, based on the com-
parison required by paragraph (a)(3) of 
this section, determining whether any 
of the following exists: 

(i) Insufficient flow of minority and 

female applicants. 

(ii) Disparate rejection of minority 

and female applicants. The FAA gen-
erally considers disparate rejection to 
exist whenever a selection rate for any 
race, sex, or ethnic group is less than 
80 percent of the rate for the race, sex, 
or ethnic group with the highest selec-
tion rate. 

(b) Each affirmative action plan re-

quired by this part shall be imple-
mented through an action-oriented 
program with goals and timetables de-
signed to eliminate obstacles to equal 
opportunity for women and minorities 
in recruitment and hiring, which shall 
include, but not be limited to: 

(1) Where disparate rejection of mi-

nority and female applicants is indi-
cated by the analysis required by para-
graph (a)(4) of this section, validation 
of those portions of the testing or se-
lection procedures which cause the dis-
parity in accordance with the ‘‘Uni-
form Guidelines on Employee Selec-
tion’’ (43 FR 38290; August 25, 1978), 
within 120 days of the analysis. 

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