Page:United States Statutes at Large Volume 98 Part 3.djvu/426

 98 STAT. 2798

Report.

Public availability.

Investigations.

PUBLIC LAW 98-549—OCT. 30, 1984

"(A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business; "(B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation; "(C) evaluate its employment profile and job turnover against the availability of minorities and women in its franchise area; "(D) undertake to offer promotions of minorities and women to positions of greater responsibility; "(E) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and "(F) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. "(3) Such rules also shall require an entity specified in subsection (a) with more than 5 full-time employees to file with the Commission an annual statistical report identifying by race and sex the number of employees in each of the following full-time and part-time job categories: "(A) officials and managers; "(B) professionals; "(C) technicians; "(D) sales persons; "(E) office and clerical personnel; "(F) skilled craft persons; "(G) semiskilled operatives; "(H) unskilled laborers; and "(I) service workers. The report shall include the number of minorities and women in the relevant labor market for each of the above categories. The statistical report shall be available to the public at the central office and at every location where more than 5 full-time employees are regularly assigned to work. "(4) The Commission may amend such rules from time to time to the extent necessary to carry out the provisions of this section. Any such amendment shall be made after notice and opportunity for comment. "(e)(1) On an annual basis, the Commission shall certify each entity described in subsection (a) as in compliance with this section if, on the basis of information in the possession of the Commission, including the report filed pursuant to subsection (d)(3), such entity was in compliance, during the annual period involved, with the requirements of subsections (b), (c), and (d). "(2) The Commission shall, periodically but not less frequently than every five years, investigate the employment practices of each entity described in subsection (a), in the aggregate, as well as in individual job categories, and determine whether such entity is in compliance with the requirements of subsections (b), (c), and (d), including whether such entity's employment practices deny or abridge women and minorities equal employment opportunities. As part of such investigation, the Commission shall review whether the entity's reports filed pursuant to subsection (d)(3) accurately reflect employee responsibilities in the reported job classifications.

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