SECTION 1. PURPOSE.

This Order prescribes NOAA's EEO/Civil Rights Program.

SECTION 2. SCOPE.

Coverage. The provisions of this Order apply to NOAA and it's sub-components.

SECTION 3. PRECEDENCE.

Whenever there is a conflict between the provisions and requirements of this Order and the regulations and/or rulings promulgated by a competent and/or legal authority such as the U.S. Equal Employment Opportunity Commission (EEOC), The Merit Systems Protection Board (MSPB), The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, the Secretary of Labor, and/or a U.S. District Court, a U.S. Court of Appeals or the U.S. Supreme Court, the regulations and/or rulings promulgated by such competent and/or legal authority shall prevail.

SECTION 4. PROGRAM REQUIREMENTS.

The Department of Commerce Administrative Orders (DAO'S) listed below prescribe the minimum EEO/Civil Rights Program requirements for NOAA and it's sub-components:

  DAO 215-1  Equal Opportunity Reports
  DAO 215-3  Federal Equal Opportunity Recruitment Program
  DAO 215-4  Affirmative Action Program Plans
  DAO 215-5  Discrimination Complaint Processing
  DAO 215-6  Equal Employment Opportunity Advisory Committees
  DAO 215-7  Collection and Management of Racial and National
             Origin and Medical Disability Data

SECTION 5. RESPONSIBILITIES.

.01 THE UNDER SECRETARY FOR OCEANS AND ATMOSPHERE is responsible for ensuring that all aspects of NOAA's EEO/Civil Rights Program is carried out in conformance with Department of Commerce policy and all required Federal Laws, Executive Orders, Rules, and Regulations.

.02 THE DIRECTOR, OFFICE OF ADMINISTRATION, acting on behalf of the Under Secretary for Oceans and Atmosphere, shall be responsible for the overall management of NOAA's EEO/Civil Rights Program and may from time to time sign such documents as may be required.

.03 THE CHIEF, CIVIL RIGHTS DIVISION, acting on behalf of the Director, Office of Administration, shall be responsible for the overall day to day management of NOAA's EEO/Civil Rights Program, including the affirmative employment programs element. In this capacity, he/she is responsible for the timely and adequate completion of all related staff assignments and the signing of such documents as may be required.

.04 THE EEO OFFICER, NOAA, acting on behalf of the Under Secretary for Oceans and Atmosphere, through the Director, Office of Administration, shall be responsible for the administration of NOAA's EEO counseling and discrimination complaints processing and adjudication elements of NOAA's EEO/Civil Rights Program. This includes signing such documents as may be required.

.05 THE PERSONNEL OFFICER, NOAA, acting on behalf of the Under Secretary for Oceans and Atmosphere, through the Director, Office of Administration, shall review discrimination complaint settlement agreements when the terms and conditions of the agreement involve personnel actions/issues and/or a bargaining unit employee. This review shall be conducted in accordance with DAO 215-5 (HANDBOOK FOR PROCESSING DISCRIMINATION COMPLAINTS). Further, he/she shall coordinate the development of NOAA's Federal Equal Opportunity Recruitment Program (FEORP) plan and provide such information and assistance as may be required to help develop NOAA's affirmative employment plans.

.06 DIRECTORS OF ADMINISTRATIVE SUPPORT CENTERS (ASC's) are responsible for ensuring that all NOAA employees under his/her line authority comply with all requirements of NOAA's EEO/Civil Rights Program including the affirmative employment, EEO counseling and discrimination complaints processing and adjudication elements. Further, he/she shall ensure that ASC Personnel Divisions provide such information and assistance as may be required by the Director, Office of Administration in order to develop, implement, monitor, and/or modify NOAA's Federal Equal Opportunity Recruitment Program and affirmative employment plans.

.07 HEADS OF NOAA LINE AND STAFF OFFICES are responsible for ensuring that all individuals under his/her line authority comply with all requirements of NOAA's EEO/Civil Rights Program, including the affirmative employment, EEO counseling, and discrimination complaints processing and adjudication elements.

SECTION 6. EFFECT ON OTHER ISSUANCES.

Policy interpretation and implementation guidance contained in any future NOAA Administrative Order relative to NOAA's EEO/Civil Rights Program shall be consistent with Federal Law and relevant DAOs.

SIGNED,
Director, Office of Administration

Office of Primary Interest:

Office of Administration
Civil Rights Division