EQUAL OPPORTUNITY DIRECTIVE NUMBER 2000-23-

TO:                 Bureau/Office Equal Opportunity Officers

FROM:           E. Melodee Stith, Director
                       Office for Equal Opportunity

SUBJECT:     Executive Order 13160 - Nondiscrimination on the Basis of Race, Sex, Color, National Origin,
                      Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted
                      Education and Training Programs

This Equal Opportunity Directive provides general information concerning the nondiscrimination requirements of Executive Order 13160, (copy attached). The Executive Order prohibits discrimination on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent in Federally conducted education and training programs. It also sets forth the Department of the Interiors (DOI) policy for ensuring nondiscrimination in its Federally conducted education and training programs.

General Policy.  It is DOI's policy that no individual--on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent--shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in a federally-conducted education or training program or activity.

Application.  Executive Order 13160 applies to education and training programs or activities that are conducted or administered by DOI or operated in facilities or on land owned or controlled by DOI.

Scope.  Programs and activities that fall within the scope of the Executive Order include, but are not limited to, school partnership agreements, student internships, scholarships, teacher training activities, the Job Corps Program, the National Conservation Training Center, executive training programs, visiting scientist programs, environmental workshops, research, fire protection training, take-your-children to work programs, the Junior Duck Stamp Contest, student work-study activities, Haskell Indian Nations University, temporary student employment activities, and summer enrichment camps, law enforcement training, and the DOl University.

Coverage Limited.  Under the Executive Order, certain types of education and training programs are exempt from coverage. For example, the Executive Order does not apply to members of the armed forces, military training programs, or certain national security intelligence activities. The Executive Order does not apply to any lawfully established affirmative action plan or program. It also does not apply to education or training programs of the Bureau of Indian Affairs that are culturally relevant to the children in the school. The prohibition on age discrimination covered by the Executive Order does not apply to education or training programs in instances where established age criteria have been traditionally a part of the program.

Complaints.  The Executive Order provides for filing of complaints by any individual who believes he or she has been discriminated against in violation of the nondiscrimination provisions of the Executive Order. To this effect, DOl is obligated to investigate complaints that allege a violation of the Executive Order.

ATTACHMENT

INQUIRIES: Melvin C. Fowler, Civil Rights Staff Assistant, Departmental Office for Equal Opportunity, (202) 208-3455

Federal Register/Vol. 65, No. 124 /Tuesday, June 27, 2000/Presidential Documents 39777

Sec. 4. Administrative enforcement.

4-401. Any person who believes himself or herself to be aggrieved by a violation of this order or its implementing regulations, rules, policies, or guidance may, personally or through a representative, file a written complaint with the agency that such person believes is in violation of this order or its implementing regulations, rules, policies, or guidance. Pursuant to procedures to be established by the Attorney General, each executive department or agency shall conduct an investigation of any complaint by one of its employees alleging a violation of this Executive Order.

4--402. (a) If the office within an executive department or agency that is designated to investigate complaints for violations of this order or its implementing rules, regulations, policies, or guidance concludes that an employee has not complied with this order or any of its implementing rules, regulations, policies, or guidance, such office shall complete a report and refer a copy of the report and any relevant findings or supporting evidence to an appropriate agency official. The appropriate agency official shall review such material and determine what, if any, disciplinary action is appropriate.

(b) In addition, the designated investigating office may provide appropriate agency officials with a recommendation for any corrective and/or remedial action. The appropriate officials shall consider such recommendation and implement corrective and/or remedial action by the agency, when appropriate. Nothing in this order authorizes monetary relief to the complainant as a form of remedial or corrective action by an executive department or agency.

4--403. Any action to discipline an employee who violates this order or its implementing rules, regulations, policies, or guidance, including removal from employment, where appropriate, shall be taken in compliance with otherwise applicable procedures, including. the Civil Service Reform Act of 1978, Public Law No. 95--454, 92 Stat. 1111.

Sec. 5. Implementation and Agency Responsibilities.

5--501. The Attorney General shall publish in the Federal Register such rules, regulations, policies, or guidance, as the Attorney General deems appropriate, to be followed by all executive departments and agencies. The Attorney General shall address:

a. which programs and activities fall within the scope of education and training programs and activities covered by this order, under subsection 2--202, or excluded from coverage, under section 3 of this order;

b. examples of discriminatory conduct;

c. applicable legal principles;

d. enforcement procedures with respect to complaints against employees;

e. remedies;

f. requirements for agency annual and bi-annual reports as set forth in section 6 of this order; and

g. such other matters as deemed appropriate.

5--502. Within 90 days of the publication of final rules, regulations, policies, or guidance by the Attorney General, each executive department and agency shall establish a procedure to receive and address complaints regarding its Federally conducted education and training programs and activities. Each executive department and agency shall take all necessary steps to effectuate any subsequent rules, regulations, policies, or guidance issued by the Attorney General within 90 days of issuance.

5--503. The head of each executive department and agency shall be responsible for ensuring compliance within this order.

5--504. Each executive department and agency shall cooperate with the Attorney General and provide such information and assistance as the Attorney General may require in the performance of the Attorney Generals functions under this order.

5--505. Upon request and to the extent practicable, the . Attorney General shall provide technical advice and assistance to executive departments and agencies to assist in full compliance with this order.

Sec. 6. Reporting Requirements.

6--601. Consistent with the regulations, rules, policies, or guidance issued by the Attorney General, each executive department and agency shall submit to the Attorney General a report that summarizes the number and nature of complaints filed with the agency and the disposition of such complaints. For the first a years after the date of this order, such reports shall be submitted annually within 90 days of the end of the preceding years activities. Subsequent reports shall be submitted every 3 years and within 90 days of the end of each 3-year period.

Sec. 7. General Provisions.

7--701. Nothing in this order shall limit the authority of the Attorney General to provide for the coordinated enforcement of nondiscrimination requirements in Federal assistance programs under Executive Order 12250.

Sec. 8. Judicial Review.

8--801. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. This order is not intended, however, to preclude judicial review of final decisions in accordance with the Administrative Procedure Act, 5 U.S.C. 701, et seq.

(FR Doc. 00--16434

Filed 6--25--00: 12:47 pail
 

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