[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR51.4]

[Page 238-239]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 51--THE DEPARTMENT OF DEFENSE MILITARY EQUAL OPPORTUNITY PROGRAM--Table of Contents
 
Sec. 51.4  Policy.

    It is DoD policy to:
    (a) Support the military EO program as an integral element in total 
force readiness, as defined in the Secretary of Defense Memorandum and 
enforce at all levels of activity the EO provisions of this part in 
developing operating EO policies and programs.
    (b) Use the chain of command to promote, support, and enforce the 
military EO program. The chain of command is the primary and preferred 
channel for correcting discriminatory practices and for ensuring that 
human relations and EO matters are enacted.
    (c) Ensure the Military Services (to include the Reserve components) 
maintain military EO and affirmative action programs. Discrimination 
that adversely affects persons or groups based on race, color, religion, 
gender, age, or

[[Page 239]]

national origin, and that is not supported legally, is contrary to good 
order and discipline, and is counterproductive to combat readiness and 
mission accomplishment. Discrimination of this nature shall not be 
condoned or tolerated.
    (d) Provide education and training in EO and human relations at 
installation and fleet unit commands, Military Service accession points, 
and throughout the professional military education (PME) system, as part 
of the overall effort to achieve equal opportunity.
    (e) Provide for an environment that is free from sexual harassment 
by eliminating this form of discrimination in the Department of Defense.
    (f) Ensure that all on-base activities and, to the extent of the 
ability of DoD, any off-base activities available to military personnel 
are open to all military personnel and their authorized family members 
regardless of race, color, religion, age, physical or mental handicap, 
gender, or national origin, as called for by the DoD Human Goals 
Charter.
    (1) Organizations or activities that do not meet this requirement 
shall be denied the use of military facilities and resources in 
accordance with 32 CFR part 237. This policy applies equally to those 
organizations that may discriminate based on the content of their 
constitutions, bylaws, rules or regulations, as well as to those which, 
in the judgment of the responsible commander(s), are engaging in de 
facto discrimination regardless of the content of their constitutions, 
bylaws, rules or regulations.
    (2) Organizations that use on-base facilities, whether on a 
reimbursable basis or otherwise, must satisfy the responsible area or 
activity commander that they do not discriminate through their actual 
membership practices or in any of their activities.
    (g) Oppose discrimination in off-base housing directed against 
military personnel and their authorized family members. Each commander 
shall take actions to overcome such discrimination and to impose off-
limits sanctions in housing cases, as required by 32 CFR part 301.
    (h) Impose, as required, the off-limits sanction according to the 
Armed Forces Disciplinary Control Board as stated in the Joint 
Regulation, in cases of discrimination involving places of public 
accommodations outside military installations.