Contract Compliance

Under 23 CFR 230 and 23 USC 140, State Transportation Agencies are required to conduct contract compliance reviews of contractors to ensure compliance with the Equal Employment Opportunity contract provisions. To ensure compliance, contract compliance review reports are submitted by the TxDOT to the FHWA, Texas Division.

In reviewing the contract compliance reports, the FHWA, TX Division, Equal Opportunity Specialists, review the reports for the following:

Complete and accurate report (all items on the review report form must be completed, workforce calculation correct and signed by the reviewer).

Workforce data by numbers of employees and/or number of work hours.

Identification of the reporting period for the workforce data. Specific information on new hires, terminations, and trainees for the reporting period.

If the finding of the review report indicates that the contractor is in compliance, a review of the good faith efforts exerted by contractor will be reviewed. Good faith efforts are all those intense, aggressive, sincere, and result oriented actions taken by the contractor designed to ensure equal opportunity for minorities and women under the contract. Examples of good faith efforts include, but are not limited to:

• Issuing company’s Equal Employment Opportunity Policy
• Implementing company’s Affirmative Action Plan
• Developing and disseminating discrimination complaint procedures
• Showing evidence of holding managers and supervisors accountable
• Having frequent meetings with employees and trainees as standard operating procedures
• Providing EEO related training to field superintendents/supervisors/mangers
• Taking action to recruit minorities and women
• Establishing relationships with specific result oriented recruitment sources
  

Results Oriented Groups

• Minority and Women Employment Training Program
• Trade women groups
• Organizations and receiving funds through the Job Training Partnership Act (Private Industry Councils)
• Government service agencies, i.e., job service, public welfare/social service offices
• Community colleges/vocational educational schools
• Job Corp centers
• YMCA’s and YWCA’s
• Military bases
• Armed Services transition centers
• Correctional facilities
• Displaced homemaker programs and Women’s Centers
• Churches/community groups, particularly those servicing minorities and women groups
• Providing adequate information regarding wage rates, working conditions, tools and equipment, and available training and support efforts.
• Producing and disseminating recruitment flyers aimed at minorities and women
• Contacting the U.S. Department of Labor Women’s Bureau Office
• Providing transportation to and from job sites
• Encouraging current employees to refer family members and friends
• Encouraging female employees in clerical/administrative positions to consider a career in highway construction
• Taking actions to retain minorities and women
• Providing dependent care information/services
• Obtaining acquisition/modification of tools and special equipment
• Providing copy of training program to trainees
• Providing opportunity for employee feedback
• Providing timely response to employee concerns/complaints
• Keeping TxDOT informed of potential problem areas
• Maintaining a harassment-free work place
• Taking steps to reduce the feeling of isolation among minorities and women to curb hostile attitudes and behavior
• Targeting minorities and women in the first wave of hires for a job
• Establishing system to get urgent messages to workers on the job
• Designing benefits package responsive to family needs
• Providing adequate and appropriate bathroom facilities for women
• If the review report indicates a finding of noncompliance by the contractor, the following will be reviewed:
• Review report including the show cause notice, if none what other corrective action was required.
• Letter requiring a conciliation conference and a corrective action plan
• Corrective action plan should be attached to the report and should include specific actions to be taken by the contractor with time frames.
• Documentation submitted with the review report should indicate when a follow-up will be conducted, or when reports are required from the contractor