§ 49.36. Compliance review.
(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.
(d) Compliance review shall consist of a thorough analysis of each contractor’s employment practices and the effects of such practices. Exact proportional representation of minority and female employes is not required by the provisions of this chapter. Good faith in implementing nondiscriminatory policies, taking into account the effects of past discrimination, is required.
Cross References This section cited in 22 Pa. Code § 32.5 (relating to compliance review).
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