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2003 SPECIFICATIONS

SECTION 107

h. Inquire of the Contractor's EEO representative at the time of a project visit about the positive efforts the Contractor has made to place minority, female and disabled employees into on-the-job training.

i. Determine if trainees are being utilized in skill classifications identified

on the Contractor’s payroll?

Prior to conducting

trainees from the payroll. Upon arrival and determine by observation that classifications shown on the payroll.

at the project the trainees

a project site inspection, site, single out identifiable are in fact training in

identify trainees the job

j. Determine if DBE requirements of the contract are being accomplished in accordance with the goal established? Follow the procedures in Subsection 107.08 of this Manual to monitor DBE compliance.

(d) Complaint Procedures. complaints alleging discrimination. discrimination will be investigated by

AHTD has developed a procedure for processing The investigation of all written allegations of the AHTD EEO Section. If a Resident Engineer or

EEO Field Inspector receives forwarded to the EEO Section

a written complaint alleging discrimination, it should be immediately. Should the Resident Engineer or EEO Field

Inspector receive an oral complaint alleging given an opportunity to resolve the complaint.

discrimination, In this case, the

the Contractor should steps to be taken are:

be

complaint

(1) and

Notify the Contractor set up a meeting with

within five (5) the Company's

Company representative and the complainant.

Document

days after receipt of the oral EEO Officer or an authorized this meeting thoroughly.

(2) If the complainant is satisfied with the Company's proposal to resolve the complaint, provide the EEO Section with a copy of the minutes signed by the complainant and the Company's EEO Officer or representative.

(3) If the complainant is dissatisfied with the Company's proposal to resolve the complaint, the complainant should be instructed to submit the complaint in writing to the EEO Section. Provide the EEO Section with a copy of the minutes signed by the complainant and the Company's EEO Officer or authorized representative.

When a Resident Engineer or EEO Field Inspector is notified that a complaint alleging discrimination has been filed with other Federal, State, or local authorities by employees or applicants for employment of Contractors holding a Federal Aid contract, identification of the agency with which the complaint has been filed should be made known to the EEO Section immediately.

The District Engineer and the Construction Office should be kept fully informed of all matters concerning discrimination complaints against Contractors. In addition, copies of all EEO related correspondence, minutes of meetings, etc., should be sent to both the District Engineer and the Construction Office for their review and files.

(e) Contract Sanctions. These contract sanctions apply in contracts under Federally Funded Programs and are contained in Special Provisions FHWA-1273. In the event of Contractor noncompliance with the nondiscrimination provisions of the contract, the Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

  • Withholding payments to the Contractor until the Contractor complies, and/or

Page 100-55

7-01-03

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