What should be done under MD-715 when a particular group has a low participation rate?
A low participation rate should be taken as a “trigger,” a situation which alerts the agency to the possible existence of a barrier to equal opportunity. An agency should identify the likely factor (or combination of factors) which has adversely affected the employment opportunities of the group in question. Depending on the nature of the potential problem, an agency could consider a variety of questions. For example, if a particular group has a low participation rate in a particular occupation, the agency should determine whether recruitment efforts are resulting in a diverse pool of applicants. In this regard, it should be noted that actions designed to increase the number of applications for employment from a particular group are unaffected by Adarand. See DoJ Memorandum at pp. 3-4. If the applicant pool includes a cross-section of qualified applicants, the agency should explore whether there is a significant disparity between a group’s proportionate representation in the applicant
