Attach__2_F_ _M_Goals.pdf

Technical Assistance Guide for Federal Construction Contractors Page E-1

Appendix E:

Participation Goals for Minorities and Females

For federal and federally assisted construction contractors, goals for minorities and females are established as a percentage participation rate. The percentage goal established for minority participation must be at least equal to the percentage established for that “economic area” as outlined in the list below.6

Contractors may establish higher goals if they desire. Although a contractor is required to make good faith efforts to meet their goals, the goals are not quotas and no sanctions are imposed solely for failure to meet them. The following factors explain the difference between permissible goals, on the one hand, and unlawful preferences, on the other:

Participation rate goals are not designed to be, nor may they properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin.

Goals are neither quotas, set-asides, nor a device to achieve proportional representation or equal results. Rather, the goal-setting process is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent barriers to equal employment opportunity.

Goals under Executive Order 11246, as amended, do not require that any specific position be filled by a person of a particular gender, race, or ethnicity. Instead, the requirement is that contractors engage in outreach and other efforts to broaden the pool of qualified candidates to include minorities and women.

The use of goals is consistent with principles of merit, because goals do not require an employer to hire a person who does not have the qualifications needed to perform the job successfully, hire an unqualified person in preference to another applicant who is qualified, or hire a less qualified person in preference to a more qualified person.

Goals may not be treated as a ceiling or a floor for the employment of members of particular groups.

A contractor's compliance is measured by whether it has made good faith efforts to meet its goals, and failure to meet goals, by itself, is not a violation of the Executive Order.

These goals are applicable to all of a contractor's construction work sites (whether or not these sites are also the result of a federal contract or are federally assisted). The goals are applicable to

6 For more information about the development of the goals, see Federal Register, Vol. 45, No. 194, at 65976-65991 (October 3, 1980) (minorities) and Federal Register, Vol. 45, No. 251 at 85750-85751 (December 30, 1980) (females). The text of these Federal Register notices can be found:

• Federal Register Notice : Vol. 45, No. 194, at 65976-65991 (October 3, 1980) [ HTML ] | [ PDF ]

• Federal Register Notice : Vol. 45, No. 251, at 85750-85751 (December 30, 1980) [ HTML ] | [ PDF ]

Attachment #2 http://www.dol.gov/ofccp/TAguides/fedreg100380.htm http://www.dol.gov/ofccp/TAguides/fedreg100380.pdf http://www.dol.gov/ofccp/TAguides/fedreg12301980.htm http://www.dol.gov/ofccp/TAguides/fedreg12301980.pdf

Technical Assistance Guide for Federal Construction Contractors Page E-2 each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a federal, federally assisted or non-federally related project contract or subcontract.

Contractors should apply to each work site the goal for the geographical area that each particular work site is located in.

The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be assessed based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor must make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals is a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

Until further notice, the following goals for female and minority utilization in each construction craft and trade must be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 .

Construction contractors that are participating in an approved Hometown Plan (see 41 CFR 60- 4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in the list below.

GOALS FOR FEMALES7

Nationwide Goal_____________________________________________________6.9%

7 The percentage goal established for female participation is 6.9% nationwide.

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WA Clallarn; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap;

WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skaqil; WA Thurston; WA Whatcom.

Oregon:

172 Portland, OR:

SMSA Counties:

6440 Portland, OR-WA 4.5

OR Clackamas; OR Muitnomah; OR Washinton; WA Clark.

7080 Salem OR 2.9

OR Marion; OR Polk.

Non-SMSA Counties: . . .

OR Benton; OR Clatsop; OR Columbia; OR Crook; OR Deschutes; OR Hood River;

OR Jefferson; OR Lincoln; OR Linn; OR Sherman; OR Tillammok; OR Wasco;

OR Yamhill; WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum.

173 Eugene, OR:

SMSA Counties:

2400 Eugene-Springfield, OR 2.4

OR Lane.

Non-SMSA Counties 2.4

OR Coos; OR Curry; OR Douglas; OR Jackson; OR Josephine; OR Klamath;

OR Lake

California:

174 Redding, CA:

Non-SMSA Counties 6.8

CA Lassen; CA Modoc; CA Plumas; CA; Shasta; CA Siskiyou; CA Tehama.

175 Eureka, CA:

Non-SMSA Counties 6.6 CA Del Norte; CA Humboldt; CA Trinity.

176 San Francisco-Oakland-San Jose, CA:

SMSA Counties:

7120 Salinas-Seaside-Monterey, CA 28.9 CA Monterey.

7360 San Francisco-Oakland, CA 25.6 CA Alameda; CA Contra Costa; CA Marin; San Francisco; CA San Mateo.

7400 San Jose, CA 19.6 CA Santa Clara.

7485 Santa Cruz, CA 14.9 CA Santa Cruz.

7500 Santa Rosa, CA 9.1 CA Sonoma.-

8720 Vallejo-Fairfield-Napa, CA 17.1 CA Napa; CA Solano.

Non-SMSA Counties 23.2 CA Lake; CA Mendocino; CA San Benito.

177 Sacramento, CA:

SMSA Counties:

6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo.

Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra;

CA Sutter; CA Yuba.

178 Stockton-Modesto, CA:

SMSA Counties:-

5170 Modesto, CA 12.3 CA Stanislaus

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8120 Stockton, CA 24.3 CA San Joaquin.

Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced, CA Tuolumne.

179 Fresno-Bakersfield, CA:

SMSA Counties:

0680 Bakersfield, CA 19.1 CA Kent

2840 Fresno, CA 26.1 CA Fresno

Non-SMSA Counties 23.6 CA Kings; CA Madera CA Tulare.

180 Los Angeles, CA:

SMSA Counties.

0360 Anaheim-Santa Ana-Garden Grove, CA 11.9 CA Orange.

4480 Los Angeles-Long Beach, CA 28.3 CA Los Angeles

6000 Oxnard-Simi Valley-Ventura, CA 21.5 CA Ventura

6780 Riverside-San Bernardino-Ontario, CA 19.0 CA Riverside; CA San Bernadino.

7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7 CA Santa Barbara.

Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis - Obispo.

181 San Diego, CA:

SMSA Counties

7320 San Diego, CA 16.9 CA San Diego.

Non-SMSA Counties 16.2 CA Imperial

Alaska:

182 Anchorage, AK:

SMSA Counties:

0380 Anchorage, AK 8.7 AK Anchorage Division.

Non-SMSA Counties 15.1 AK Aleutian IsIands Division; AK Angoon Division; AK Barrow-North Slope Division; AK Bethel Division; AK Bristol Bay Borough; AK Bristol Bay Division; AK Cordova McCarthy Division; AK Fairbanks Division; AK Haines Division; AK Juneau Division; AK Kenai-Cook Inlet Division; AK Ketchikan Division; AK Kobuk Division; AK Kodiak Division; AK Kwskokwim Division; AK Matansuska-Susitna Division; AK Nome Division;

AK Outer Ketchikan Division; AK Prince of Wales Division; AK Seward Division; AK Sitka Division; AK Skagaway-Yakutat Division; AK Southeast Fairbanks Division; AK Upper Yukon Division; AK Valdez-Citina-Whittier Division; AK Wade Hampton Division;

AK Wrangell-Petersburg Division; AK Yukon-Koyukuk Division.

Hawaii:

183 Honolulu, HI:

SMSA Counties:

3320 Honolulu. Hl 69.1 HI Honolulu.

Non-SMSA Counties 70.4 HI Hawaii; HI Kauai; HI Maui; HI Kalowao.