3I00 Evaluation of Recruitment Practices

The following subsections pertain directly to Part III.A of the Construction SCER and set forth the procedures for evaluating the contractor’s recruitment practices.207

a. Recruitment Sources. The contractor must establish and maintain a current list of recruitment sources, including sources for minorities and women. The contractor must provide written notification to these recruitment sources and to community organizations when it or its union(s) has employment opportunities available. The contractor must maintain a record of recruitment source responses. See Item III.A.l. of the Construction SCER. To evaluate the contractor’s compliance with this specification, the CO will:

• Determine whether the contractor maintains a current list of recruitment sources.
• Determine whether the list is current (has been updated within the last year); whether it contains an adequate number of active, available sources; and whether the recruitment sources listed are in operation, i.e., active.
• Contact referral sources to verify that they received recruitment letters and emails, and to determine whether they actually made referrals.
• Interview employees involved in recruiting applicants and hiring supervisors to determine whether they use the list when vacancies occur.
• Review correspondence with recruitment sources. This review should:
  • Verify that the contractor sent and the recruitment sources received the letters, and that the contractor made follow-up contact.
  • Ensure that the letters contained a statement of the contractor’s EEO policy and the nature of the employment opportunity.
  • Review the contractor’s files, telephone logs or other evidence to determine if the contractor maintained copies or records of responses. Determine if the contractor followed-up on responses.

b. Applicant Records. In addition to preserving any personnel and employment record as described at 41 CFR 60-1.12, the contractor should maintain a current file of the names, addresses, telephone numbers, sex, race and ethnicity of each minority and female walk-in applicant or referral from a union, recruitment source or community organization, and of the action taken with respect to each individual.208 If an individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, the documentation in the file should include the reason why the individual was not hired (or referred) and any action the contractor took.209 The CO should fully investigate any indications of possible discriminatory practices. To evaluate the contractor’s compliance with this specification, the CO should:

• Determine whether the contractor maintains a current file that lists the names, addresses, telephone numbers, sex, race and ethnicity of each walk-in applicant and each referral from a union or community source.
• Evaluate the file for active construction recruitment sources such as unions and community referral organizations.
• Interview supervisors responsible for hiring to determine the general hiring procedure and any specific procedures they use to recruit workers, including minorities and women.
• Determine what sources the contractor uses to obtain job applicants. Sources may include, for example, walk-ins, union hiring hall, newspaper advertisements, word of mouth, and recruitment and training programs.

c. Failure of Union to Refer. The regulations require the contractor to immediately notify the Director, in writing, when a union(s) with which it has a collective bargaining agreement has not referred to the contractor a minority or woman sent by the contractor or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its contractual EEO obligations.210

To evaluate the contractor’s compliance with this specification, the CO should determine whether the contractor took any other actions to facilitate hiring the individual such as additional written contact with the union specifically requesting referral of that individual, or attempting to hire the individual directly, without union referral. Whenever the contractor states in writing that the union has not referred minorities and women or that other union actions have impeded its affirmative action efforts; there are allegations that the union has committed unlawful discrimination; or the CO becomes aware that union actions impede or threaten to impede the contractor’s affirmative action efforts, the CO should discuss the matter with his or her supervisor as soon as possible.

d. Directing Recruitment Efforts. In accordance with regulations, the contractor is required to engage in recruitment efforts that reach out to all demographic groups in the recruitment area, including minority, women’s and community organizations, and schools with minority and female students; and engage in recruitment efforts that reach out to recruitment and training organizations for minorities and women serving the contractor’s recruitment area and employment needs.211

Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor should send written notification to organizations in the recruitment area, describing the openings, screening procedures and test(s) to be used in the selection process. (See Item III.A.4. of the Construction SCER.)

To determine whether the contractor is in compliance with this specification, the CO should:

• Request written documentation of the contractor’s efforts to recruit applicants for training and employment opportunities.
• Review documentation that the contractor provided timely notice to recruitment sources, including minority, women’s and community organizations, at least one month prior to acceptance of applications for apprenticeship or training opportunities. The CO should also verify that appropriate sources have been contacted.

e. Employee Referrals. The regulations require the contractor to encourage employees, including present minority and female employees, to recruit others for employment openings.212 When reasonable to do so, as required by the regulations, the contractor must provide after-school, summer and vacation employment to minority and female youth both on the worksite and in other areas of its workforce. To evaluate the contractor’s compliance with this specification, the CO should:

f. Interview minority and female employees to determine whether the contractor has encouraged them to recruit other minority individuals and women to apply for employment.

g. Interview supervisors, minority and female employees to determine whether the contractor provides after-school, summer and vacation employment to minority and female youth.

h. Review personnel records to verify employment of minority and female youths in after-school, summer and vacation job opportunities.