TREASURY DIRECTIVE 12-41

 

Date: August 29, 2006

SUBJECT:   Delegation of Authority Concerning Equal Employment Opportunity (EEO) Programs and Treasury Complaint Center

 

1. DELEGATION: This Directive delegates authority to:

a. The Chief, Agency Wide Shared Services (AWSS), Internal Revenue Service, to administer the Treasury Complaint Center, to ensure that EEO complaints are handled in a timely and cost-effective manner.  This delegation provides for:

              (1) accepting complaints of discrimination; preparing dismissal decisions and submitting them to the Department for issuance of final agency decisions;

              (2) conducting complete and fair investigations; and,

              (3) conducting resolution attempts, including alternative dispute resolution programs.

            b. The Director, Office of Equal Opportunity and Diversity (OEOD), to:

               (1) Direct the processing of EEO complaints and provide oversight of the Treasury Complaint Center, including concurrence in the selection of all management-level positions in the Center and in the yearly performance evaluation of the Center Director, and:

                (a) render all final decisions and final orders on individual and class complaints of discrimination and harassment based on race, color, national origin, sex, religion, age, disability, and retaliation, and final decisions on complaints of discrimination and harassment based on sexual orientation, protected genetic information, and parental status;

                (b) render decisions on allegations of breach of settlement agreements; and

                (c) require any authorized form of appropriate remedial action, whenever necessary.

               (2) Direct the Department’s equal employment opportunity and diversity programs.

              (3) Evaluate the sufficiency of the programs and of bureau EEO and diversity activities, and recommend to the Assistant Secretary for Management and Chief Financial Officer appropriate improvements in the programs;

            (4) Assure compliance with and enforcement of Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and related Executive Orders, as they apply to federal financial assistance and federally conducted programs;

            (5) Assure compliance with and enforcement of the Notification and Federal Employees Antidiscrimination and Retaliation (No FEAR) Act of 2002;

            (6)  Assure compliance with and enforcement of the Equal Employment Opportunity Commission's Management Directive 715, subject:  Federal responsibilities under section 717 of Title VII and section 501 of the Rehabilitation Act, dated October 1, 2003;

            (7) Promulgate policies, rules and regulations to carry out the responsibilities delegated by this directive;

            (8) Approve procedures for the use of alternative dispute resolution methods in EEO complaints;

            (9) Develop and administer an effective dispute prevention program; and,

           (10) Administer such projects, as the Assistant Secretary for Management and Chief Financial Officer shall direct.


2.         SUPERVISION: The Chief, AWSS and the Director, OEOD, exercise the authority delegated by this Directive under the supervision of the Assistant Secretary for Management and Chief Financial Officer and the Deputy Assistant Secretary for Human Resources/Chief Human Capital Officer.

3.         REDELEGATION: The authority delegated above, or any parts thereof, may be redelegated.

4.         RATIFICATION: To the extent that any action heretofore taken consistent with this Directive may require ratification, it is hereby approved and ratified.

5.         AUTHORITY: Treasury Order 102-02, “Delegation of Authority Concerning Equal Opportunity Programs.”

6.         CANCELLATION: Treasury Directive 12-41, “Delegation of Authority Concerning Equal Employment Opportunity Programs and Treasury Complaint Centers,” dated October 5, 2003, is superseded.

7.         OFFICE OF PRIMARY INTEREST: Office of the Assistant Secretary for Management and Chief Financial Officer, Deputy Assistant Secretary for Human Resources Chief Human Capital Officer, and the Office of Equal Opportunity and Diversity.

 

/S/
Sandra L. Pack
Assistant Secretary for Management
And Chief Financial Officer