Oversight contractors will use the old Circular requirements for the FY 2017 Comprehensive and Specialized Reviews. FTA will not hold an entity to the updated Circular requirements until the FY 2018 reviews. However, if the oversight contractors find EEO deficiencies during the FY 2017 reviews (using the old Circular requirements), then FTA will tailor the requested corrective actions to align with the updated Circular requirements.
Included in Circular Section 2.2.3 are suggested topics for trainings that focus on the important aspects of a quality investigation. FTA does not require specific courses or training centers. It is up to the local agency to ensure that the trainings the EEO investigators take are sufficient to perform their required tasks as required by the Circular.
The city or county EEO Program is likely not transit-focused and therefore may not meet the EEO Program requirements in the FTA EEO Circular. For example, the reporting requirements in the FTA EEO Circular require counting transit-related employees, whereas a city or county EEO Program may count all employees of the city or county. However, if the city or county program fulfills all the requirements of FTA EEO Circular 4704.1A, then the city or county EEO Program may be sufficient for the transit agency’s submission.
FTA’s EEO Circular outlines the requirements of an FTA EEO Program submission, which includes transit-focused information that is unlikely to be provided in submissions to other agencies. However, if the EEO Program submitted to the other government agency fulfills all the requirements of Circular 4704.1A, then a transit agency can use the same program.
An EEO Program that meets FHWA’s requirements do not necessarily meet FTA’s requirements, and therefore, it may not be acceptable. However, a State DOT may submit the same EEO Program to FHWA and FTA as long as the program includes all components and information required under FTA’s EEO Circular. Additionally, some State DOT’s may be required to submit an EEO Program to FHWA but not be required to submit to FTA. A State DOT must submit an FTA EEO Program if it meets the two-prong threshold in Circular Section 1.4.
For the FTA Employment Practice Assessment for veteran hiring and promotions (Circular Section 2.2.6), use the Department of Labor definition for "eligible veteran" found at 38 U.S.C. Section 4211(4). It reads:
(4) The term ‘‘eligible veteran’’ means a person who—
(A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
(B) was discharged or released from active duty because of a service-connected disability;
For the upcoming EEO Program submissions, which will be in 2018 or 2020, agencies should use a future four-year time period for the Goals and Timetables.
While the spreadsheets are provided to make the submission easier for recipients, recipients may provide alternative documentation containing the same information. (See Circular Sections 2.2.4 and 2.2.6).
The statistics for the current workforce should be used for the employment practices and utilization analysis charts. Therefore, an entity must submit the same numbers as submitted with its EEO-4 submission to the EEOC, which is due on September 30 of odd-numbered years.
For the next EEO Program submission, because the submission schedule has been reset to accommodate the new four-year submission cycle, recipients will be submitting EEO Programs at differing amounts of time from the last EEO Program submission. To accommodate the various lengths of time since the previous EEO Program submissions, the Employment Practices tables should be for either the time since the last program submission, or the previous four years, whichever is shorter.