Department
of the Interior
Departmental
Manual
Effective Date: 10/7/05
Series: Organization
Part 112: Policy, Management and Budget
Chapter 19: Office of Civil Rights
Originating Office: Office of Civil Rights
112 DM 19
19.1 General. The Office of Civil Rights is the focal point for all civil rights, equal opportunity program, and diversity functions in the Department of the Interior.
19.2 Authorities. The Office of Civil Rights is responsible for the development and enforcement of civil rights and equal opportunity policies and programs under the following legal authorities: (1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d-1 to 2000d-4; 20002-16), as amended; (Pub. L. 92-261; 42 U.S.C. 2000e et seq.); (2) the Civil Rights Act of 1991 (Pub. L. 102-166), as amended, (42 U.S.C. 2000e et. seq.); Pub. L. 92-261); (3) Executive Order 11478, as amended; (4) the Rehabilitation Act of 1973 (Pub. L. 93-112, 29 U.S.C.621 et seq.), as amended, (Pub. L. 93-516 and Pub. L. 95-602, 29 U.S.C. 794); (5) Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134, Pub. L. 101-336); (6) the Age Discrimination in Employment Act, as amended, (29 U.S.C. 633(a); Pub. L. 93-259, section 2 of Reorganization Plan No. 1 of 1978, and section 1-101 of Executive Order 12106); (7) Age Discrimination Act of 1975 (42 U.S.C. 6101, Pub. L. 94-135); (8) Equal Pay Act (29 U.S.C. 206(d)); Reorganization Plan No. 1 of 1978; (9) Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000d et seq.); (10) Title IX of the Education Amendments of 1972; (11) Executive Order 13160; Executive Order 13166; 43 CFR 27; 43 CFR 34; (12) the Notification and Federal Employee Anti-discrimination and Retaliation Act (No Fear Act) of 2002 (Pub. L. 107-174), and (13) other Federal statutes and regulations that prohibit discrimination on the basis of race, color, national origin, religion, sex, age, disability, and sexual orientation and that promote equal employment opportunity through a continuing affirmative program.
19.3 Functions. In carrying out its responsibility, the Office of Civil Rights performs the following:
A. Develops policy, programs, and guidelines to assure proper implementation of laws, Executive Orders, regulations and Departmental initiatives relating to diversity, equal opportunity, civil rights and educational partnerships;
B. Reviews, evaluates, and monitors the performance of the Department's bureaus and offices in carrying out their responsibilities under the laws, Executive Orders, regulations, and Departmental directives pertaining to diversity, civil rights, equal opportunity and equal access;
C. Makes findings of fact on, and adjudicates all discrimination complaints filed against the Department which are based on race, color, age, national origin, religion, sex, disability, sexual orientation and reprisal;
D. May delegate the authority to process complaints of discrimination from the initial acceptance of complaints, and the investigation of complaints to the hearing process;
E. Represents the Department in dealings with state, local, and tribal governments, lead programmatic agencies, and advocacy groups concerned with diversity, civil rights, equal opportunity and equal access;
F. Provides advice and consent with respect to the appointment, retention, and release of Equal Opportunity Officers for the Department's bureaus and offices;
G. Advises the Secretary and Departmental officials on all matters pertaining to diversity, civil rights, equal opportunity and equal access;
H. Coordinates policy development and implementation with other Federal agencies such as the Equal Employment Opportunity Commission, the Department of Labor, the Office of Personnel Management, the Department of Justice, and the Department of Health and Human Services;
I. Develops policy for the collection and distribution of data on DOI employees and applicants for employment and oversees the design, implementation and use of all demographic information technology systems containing race, national origin, gender, and disability data; and
J. Develops policy and manages programs and initiatives that are
responsive to or required by Executive Orders on Historically Black Colleges
and Universities, Hispanic Serving Institutions, and
19.4 Organization. The Office of Civil Rights is headed by a Director who reports to the Deputy Chief Human Capital Officer in the Office of the Deputy Assistant Secretary - Performance, Accountability, and Human Resources. The Director provides overall direction, guidance, and supervision over all diversity, civil rights, equal opportunity and equal access functions, and administrative support. The Director functions as Chief Executive Officer and is assisted by a Deputy and Senior Equal Opportunity Managers, who serve as Division Chiefs (see attached organization chart). In addition, the Director serves as the Civil Rights advisor to the Assistant Secretary - Policy, Management and Budget and the Secretary of the Interior. The Office of Civil Rights includes the following:
A. Public Civil Rights Division (PCR) is responsible for designing, managing and implementing civil rights protection and evaluation programs whose purpose is the elimination of all forms of systemic discrimination in employment within the Department and in programs, activities and services receiving Federal financial assistance. Such programs facilitate expedient processing and resolution of complaints of discrimination, prevention of discriminatory practices, and equal access to Federal financial assistance and federally conducted programs and equal employment opportunities for all persons regardless of race, color, age, religion, sex, national origin, disability, and sexual orientation.
(1) The PCR program encompasses five major thrusts - education, prevention, investigation, compliance, and enforcement. Program responsibilities include: coordination with lead programmatic agencies such as the Department of Justice, the Equal Employment Opportunity Commission, the Civil Rights Commission, Department of Justice and the Department of Education; development and publication of Departmental nondiscrimination policy guidance and technical direction to bureaus and offices; adjudication of complaints; and elimination of discrimination, and promulgation of nondiscrimination policies.
(2) The PCR is responsible for the enforcement of Federal statutes that prohibit discrimination on the basis of race, color, national origin, disability, sex, age, and sexual orientation in programs or activities conducted by or receiving financial assistance from the Department; and on the basis of sex in education and programs or activities receiving Federal financial assistance from the Department; and training programs conducted by the Department. The PCR Division Staff provides policy direction and technical assistance to the Department's bureaus and offices, and to recipients of Departmental financial assistance.
(3) The PCR also enforces Title II of the
Americans with Disabilities Act (ADA).
Title II of the
B. The Employment Complaints and Adjudication Division (ECA) is responsible for the development of final agency decisions on all complaints of discrimination filed against the Department on the basis of race, color, sex, national origin, religion, age, disability or sexual orientation. Final agency decisions include dismissing complaints in total or in part; accepting, rejecting, or modifying recommended decisions from EEOC Administrative Judges; issuing decisions on the merits of cases without a hearing by an EEOC Administrative Judge, settlements, and issuing decisions on breach of settlement claims. Decisions may involve awards on the amount of attorney's fees, awards on the amount of compensatory damages, or other Departmental decisions related to the corrective actions associated with findings of discrimination. The ECA staff prepares briefs on final agency decisions that are appealed to the EEOC. The Office of the Solicitor serves as legal advisor to the OCR.
(1) The ECA also processes complaints of employment discrimination filed against the Office of the Secretary, Bureau Heads, Assistant Secretaries and cases that are deemed “conflict of interest cases.” This process consists of identifying allegations for investigation, conducting complaint investigations, and processing cases for hearing.
(2) The ECA collects, monitors and analyzes discrimination complaints data to prepare reports required by laws, regulations, and Congress and to determine patterns, practices, and trends associated with the complaints;
(3) The ECA is the custodian of all official complaint records filed against the Department and is responsible for ensuring that files are maintained and disposed of consistent with Federal regulations for records retention and the Privacy Act.
C. The Diversity
and Program Compliance Division (DPC) is
responsible for developing policy and designing, managing, and directing equal
access and non-discrimination programs
that promote full diversity within the Department, including analysis and
identification of employment barriers.
Such programs facilitate the recruitment, hiring, and retention of a
diverse workforce; address the special emphasis concerns of women, African
Americans, Hispanics, Asian Americans, Native Hawaiians or other Pacific
Islanders, American Indians and Alaska Natives, and persons with disabilities;
and ensure that the diversity of the workforce is fully valued and
respected. The DPC conducts evaluations
designed for and identification and assessment of systemic barriers to equal employment
opportunity within the Department and provides recommendations to improve the
Department’s efforts to recruit, hire, and retain a highly skilled and diverse
workforce.
(1) The DPC Program encompasses four major thrusts - the promulgation
of equal access and nondiscrimination policy, analysis and identification of
employment barriers, diversity education, and outreach to the community,
educational institutions, and advocacy organizations. Program responsibilities include coordination
with lead programmatic agencies such as the EEOC, the Office of Personnel
Management, the Department of Justice, and the Department of Health and Human
Services.
(2) The DPC develops Departmental policy and initiatives relevant to
the administration and implementation of the Annual EEO Program Plan (EEOC
Management Directive 715), the Disabled Veterans Affirmative Action Program
(DVAAP), the Federal Equal Opportunity Recruitment Program (FEORP), and the
Hispanic Employment Nine-Point Plan; provides guidance and technical direction
to bureaus and offices in all program areas designed to improve diversity;
participates in cooperative endeavors to improve equal access to employment
opportunities and community relations that affect employability; collects and
analyzes workforce demographics; monitors, reviews and evaluates employment
programs, practices and procedures for compliance with laws, regulations,
directives and policy; and conducts special studies and surveys.
10/7/05
#3686
Replaces
10/6/98 #3225
