United States Department of the Interior

Equal Opportunity Directive 2000-08
 
 

From:       John Berry
                 Assistant Secretary Policy- Management and Budget
 

Subject:   Zero Tolerance of Discrimination

On February 10, 1997, Secretary Babbitt issued the Zero Tolerance Policy on discrimination and harassment in this Department. I am reaffirming this policy. I am fully committed to the policy and the principles for which it stands, and want you to demonstrate your commitment to eliminating discrimination against any employee or applicant for employment with this Department.

Discrimination and harassment are serious matters that dramatically affect the work life and sometimes the personal life of an individual and others around him or her. It also impacts the Departments ability to produce quality service to customers and to successfully meet our mission goals. Unfortunately, instances of discrimination and harassment are still occurring; therefore, we must strengthen our resolve to respect the diversity of our employees, of enhance the quality of the work life, and to promote equal opportunity for all employees to advance to their full potential without regard to illegal discrimination or harassment.

Whenever discrimination and harassment are found to exist, whether identified in a final agency decision or by any other egregious act which results in the settlement of a discrimination complaint, the Bureau/Office must take corrective, preventive and curative action to ensure that the discrimination or harassment is eradicated and does not recur. In all cases where discrimination or harassment has occurred, the Bureau/Office must make the individual whole by returning him or her to a pre-discriminatory status. This may include awards of back pay, front pay, attorneys fees and costs, compensatory damages, expungement of records, and cancellation of improper personnel actions. In addition, the Bureau Office must review each instance of discrimination to determine appropriate administrative or disciplinary action against the individual committing the discrimination or harassment, such as a reprimand, suspension, or removal from service. Whatever the Bureau/Office decides to do, the Bureau/Office must provide a written report to this Office.

In addition, I am requiring that the individual(s) responsible for the discriminatory act be sent to mandatory EEO and diversity training and that, depending on the severity of the responsible officials action, they be ineligible for any recognition (monetary or non-monetary), including promotions, for at least a 12-month period.

It is important that we make every effort to adhere to the Zero Tolerance Policy. We all must take part in ensuring that discrimination is eliminated and does not occur in this Department.
 
 

Ref EOD-2000-10
 

To: Solicitor

Inspector General

Assistant Secretaries

Heads of Bureaus and Offices
 

From: John Berry

Assistant Secretary-Pol icy, Management and Budget
 

Subject: Policy and Guidance on Implementing the Department of the Interiors Diversity Initiatives
 

Diversity has been one of my priorities since 1 became the Assistant Secretary - Policv Management and Budget. In the first two years of implementing our Strategic Plan for Improving Diversity (Plan) we have made some progress. We are now at the midyear point of our third year, and we must remain steadfast in our efforts to assure that we live up to our vision and strategic goals for diversity. One of our goals has been to recruit a workforce that reflects the
 

diversity of the Nation. Therefore, 1 amrequiring bureaus to utilize targeted recruitment initiatives to assist in assuring diversity in all applicant pools, to monitor the merit staffing process and remove any unjustified barriers that may inhibit equal employment opportunity for all applicants.
 

To assist in assuring that we put forth our best efforts in recruiting and hiring the best qualified candidates possible, 1 am providing the attached "Dos and Donts" on Diversity Initiatives as guidance for the merit staffing process. 1 have directed the Departments Human Resources and Equal Opportunity officials to implement the attached guidance immediately.
 

Our Plan states that we must: "Ensure accountability at the Secretarial and Bureau levels for improving diversity." The attachment provides measures that managers can use to improve diversity in an appropnate manner. Over the next six months, 1 plan to hold monthly reviews with bureau and office heads to discuss our progress as envisioned by follo~~iiiiichea Dos and Donts. Bureaus and offices should also conduct self-assessments of their hiring practices with their managers and supervisors on a continuous basis. All managers and supervisors will be held accountable for ensuring equal opportunity and nondiscrimination in accordance with Departmental Directives.
 

Attachment
 
 

These Do's and Donts are prepared as guidance in implementing the Departments diversity recruiting initiatives:

• DOs

2. Targeted recruitment initiatives will be utilized to assist in our efforts to have diverse applicant pools. EEO offices can use the DOL Form 1935 (copy attached) to collect race and national origin (RNO) data on all applicants. All candidates for positions with DOL must be assured that RNO and gender data are provided on a voluntary basis. The RNO and gender data will be used for statistical analysis only and cannot be used to identify the RNO or gender of individual applicants.
 

3. EEO and Personnel offices should analyze applicant pools, using the known RNO and gender data, to ascertain the following:

(a) What is the RNO and gender composition of the applicant pool?

(b) What is the demographic profile of the Relevant Civilian Labor Force (RCLF)?

(c) Do the applicant pools reflect the RCLF?
 

This analysis will assist in measuring the success of the outreach efforts.
 

4. Can re-advertise a position if, without good reasons, under-represented groups in the applicant pools are not reflective of the RCLF. In instances where the position is being re-advertised, various outreach efforts should be broadened in order to reach a larger pool of potential applicants.
 

5. Can analyze the selection process to ascertain unjustified barriers to under-represented groups, before the certificate is presented to the selecting official. For example, if the certificate does not reflect the RNO and gender representation found in the applicant pool, FEG and Personnel may analyze the certificate to determine if there are unjustified barriers that can be remedied before it is forwarded to the selecting official. If no barriers are identified, the certificate will be forwarded to the selecting official. Otherwise, the barriers must be corrected before the certificate is referred to the selecting official. This process may also include re-advertising the position, if the barriers identified are not justified and cannot be otherwise corrected. All qualified applicants who applied under the canceled job announcement will automatically become a part of the applicant pool for the re-advertised position.

6.Can ask for a written justification regarding all selection decisions. however. the justification must be related to the candidate~s qualifications. Data concerning the candidate~s RNO or gender cannot be included in this process.
 

7. Can track selection decisions to monitor hiring patterns. Self-assessments of hiring practices are encouraged.
 

8. Can hold managers accountable for failure to follow DOI directives on ensuring equal opportunity as identified in the individual manager~s performance plan.
 
 

B. Donts
 

1. Cannot set quotas. Cannot set aside positions to be filled by any RNO or gender group.
 

2. Cannot use RNO or gender as a factor in the selection process

unless constitutional (equal protection) and Title VII requirements are met. Must consult with the OEO and Solicitors Office before taking such actions.
 

3. Cannot forward RNO or gender data on individual applicants to the selecting official.
 

4. Cannot provide monetary or administrative incentives to a manager for improving diversity representation.