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FHWA Resource Center

CIVIL RIGHTS TEAM

Civil Rights Reading Room

State Internal
Equal Employment Opportunity (EEO) and Affirmative Action (AA)
July 19, 2006 Web Conference
Questions and Answers- Chat Room

Question 1: How much of what is being presented would be mandatory for all State Highway Departments and how much is up to the discretion of the State as to what is needed?


Answer: The Web Conference presented the requirements of 23 CFR § 230, Appendix A to Subpart C. of Part 230 – State Highway Agency Equal Employment Opportunity Programs. The following Internal EEO Program Parts must be satisfied by each State:

Part I Contractor Compliance
Part II State Highway Agency Employment

References: 23 CFR § 230, Appendix A to Subpart C. of Part 230 – State Highway Agency Equal Employment Opportunity Programs.
23 CFR 230.309 & 230.311 (Program Format and STA's Responsibilities)

Question 2: How much is mandatory pertaining to tracking data on intermittent and temporary employees?

Answer: The EEO-4 Report (which is a document generated by the Equal Employment Opportunity Commission-EEOC) requires data on full time permanent employees and has a section for reporting temporary employees as well. We are unfamiliar with what data is mandatory regarding intermittent and temporary reporting; however, the EEO-4 form is required in the STA's Annual EEO Update. STAs can refer to the EEOC website for the EEO-4 Report Instructions.

References: 23 CFR § 230, Appendix A to Subpart A of Part 230 – State Highway Agency Equal Employment Opportunity Programs, Part II. Records and Reports 10(B)
www.eeoc.gov (Under Section: Employers and EEOC)

Question 3: Do you just track qualified applicants in the adverse impact analysis rather than both qualified and non-qualified?

Answer: SHA's adverse impact analysis and reviews should consider their entire recruitment and selection process, including those processes that screen qualified applicants and non-qualified applicants.

Currently many candidates forward general interest resumes on the Internet for SHA consideration. If from that pool, the STA selects a few candidates for further consideration but rejects almost all of them because of the lack of experience and/or required education, then the statistical impact must be shown with the reasonable explanations for any high rejection rates of protected group members. Each STA needs to remember that they are using a selection process to eliminate candidates, so their qualification standards, whatever they are, must be able to stand alone in a demonstration of nondiscrimination.

Also adverse impact analysis allows the STAs to do an analysis on both qualified and non-qualified as well as selects and non-selects. It is also key that the STA captures its applicant pool correctly.

References: 23 CFR § 230, Appendix A to Subpart C. of Part 230 – State Highway Agency Equal Employment Opportunity Programs, Part II. State Highway Agency Employment, II. C., b. (Recruitment and Placement), (1) (4) (6) and (7)

Disparate Impact/Employment Statistical Analysis

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