Department of the Interior
Departmental Manual
Effective Date: 10/6/98
Series: Organization
Part 112: Policy, Management and Budget
Chapter 19: Office for Equal Opportunity
Originating Office: Office for Equal Opportunity
112 DM 19
19.1 Office for Equal Opportunity. The Office for Equal Opportunity is responsible for the development and enforcement of civil rights and equal opportunity programs under the following Federal anti-discrimination laws: (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1 to 2000d-4; 20002-16); Pub. L. 88-352), as amended (42 U.S.C. 2000e et seq.; Pub. L. 92-261); (2) the Civil Rights Act of 1991 (Pub. L. 102-166), as amended (42 U.S.C. 2000e-16(a); Pub. L. 92-261); (3) Executive Order 11478, as amended; (4) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended (Pub. L. 93-516 and Pub. L. 95-602, 29 U.S.C. 794); (5) Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134, Pub. L. 101-336); (6) the Age Discrimination in Employment Act, as amended (29 U.S.C. 633(a); Pub. L. 93-259, Section 2 of Reorganization Plan No. 1 of 1978, and Section 1-101 of E.O. 12106); (7) Age Discrimination Act of 1975 (42 U.S.C. 6101, Pub. L. 94-135); (8) Equal Pay Act (29 U.S.C. 206(d); Reorganization Plan No. 1 of 1978; (9) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d to 2000d-1); (10) Title IX of the Education Amendments of 1972, as amended, and implementing regulations; and (11) other Federal statutes that prohibit discrimination on the basis of race, color, national origin, religion, sex, age, disability, and sexual orientation. The Office is headed by a Director who reports directly to the Deputy Assistant Secretary - Workforce Diversity.
19.2 Functions. The Office for Equal Opportunity is the focal point for all civil rights, equal opportunity program and diversity functions in the Department of the Interior. In carrying out this responsibility, its officers:
A. Develop policy, programs and guidelines to assure proper implementation of laws, Executive orders, regulations and Departmental initiatives relating to diversity, equal opportunity and civil rights;
B. Review, evaluate, and monitor the performance of the Department's bureaus and offices in carrying out their responsibilities under laws, Executive orders, regulations, and Departmental directives pertaining to diversity, equal opportunity, and civil rights;
C. Make findings of fact on, and adjudicate all discrimination complaints filed against the Department which are based on race, color, age, national origin, religion, sex, disability, sexual orientation and reprisal;
D. Represent the Department in dealings with state and local officials, lead programmatic agencies, and special interest groups concerned with diversity, equal opportunity and civil rights;
E. Provide advice and consent with respect to the appointment, retention, and release of Equal Opportunity Officers for the Department's bureaus and offices;
F. Advise the Secretary and Departmental officials on all matters pertaining to diversity, equal opportunity, and civil rights;
G. May delegate the authority to process complaints of discrimination from the initial acceptance of complaints, and the investigation of complaints to the hearing process; and
H. Conduct compliance reviews and evaluations of bureau and office programs in carrying equal opportunity, diversity and civil rights responsibilities.
I. Coordinates policy development and implementation with other Federal agencies such as the Equal Employment Opportunity Commission, the Department of Labor, the Office of Personnel Management, and the Department of Justice.
19.3 Organization. The Office for Equal Opportunity is composed of the following organizational components (see attached organization chart):
A. The Office of the Director provides overall direction, guidance, and supervision over all equal opportunity and civil rights functions, and administrative support. The Director functions as chief executive officer and is assisted by a Staff Assistant, and Senior Equal Opportunity Managers. In addition, the Director serves as the executive advisor to the Deputy Assistant Secretary - Workforce Diversity.
B. Civil Rights (CR) Programs Staff is responsible for designing, managing and implementing civil rights protection and evaluation programs which eliminate all forms of systemic discrimination in employment within the Department and in programs, activities and services receiving Federal financial assistance. Such programs facilitate expedient processing and resolution of complaints of discrimination, prevention of discriminatory practices, and equal access to Federally assisted and conducted programs, and equal employment opportunities for all persons regardless of race, color, age, religion, sex, national origin, or disability, and sexual orientation.
The CR Program encompasses five major thrusts--education, prevention, investigation, compliance, and enforcement. Program responsibilities include: coordination with lead programmatic agencies such as the Department of Justice, the Equal Employment Opportunity Commission, the Civil Rights Commission, and the Department of Education; development and publication of Departmental non-discrimination policy guidance and technical direction to bureaus and offices; adjudication of complaints and elimination of discrimination, and promulgation of non-discrimination policies.
The CR Program Staff is also responsible for the enforcement of Federal statutes that prohibit discrimination on the basis of race, color, national origin, disability, sex, age, or sexual orientation in programs or activities conducted by or receiving financial assistance from the Department; and on the basis of sex in education programs or activities receiving financial assistance from the Department. The CR Program Staff provides policy direction and technical assistance to the Department's bureaus and offices, and to recipients of Departmental financial assistance.
The CR Staff also enforces Section 504 of the Rehabilitation Act of 1973, as amended, which provides for non-discrimination against qualified disabled persons in Federally conducted programs and activities or any program or activity receiving Federal financial assistance.
C. The Diversity and Program Evaluation (DPE) Staff is responsible for developing policy and designing, managing, and directing enhancement programs which promote full diversity within the Department, including affirmative action planning and implementation. Such programs facilitate the recruitment hiring and retention of a representative workforce; address the special emphasis concerns of women, African Americans, Hispanics, Asian Americans and Pacific Islanders, American Indians and Alaska Natives, and persons with disabilities; and ensure that the diversity of the workforce is fully valued and respected. The DPE conducts evaluations designed to eliminate all forms of systemic barriers to equal opportunity within the Department and to enhance the Department's efforts to employ a diverse workforce.
The DPE encompasses four major thrusts--recruitment of diverse groups, education of diverse cultures, organizational analysis, and outreach to the community, educational institutions, and special interests organizations. Program responsibilities include coordination with lead programmatic agencies such as the Office of Personnel Management, the Department of Labor, the Equal Employment Opportunity Commission and the Department of Justice; development of Departmental policy and initiatives relevant to the administration and implementation of the Affirmative Employment Program, the Disabled Employees Affirmative Employment Program, the Disabled Veterans Affirmative Action Program, and Federal Equal Opportunity Recruitment Program; guidance and technical direction to bureaus and offices in all program areas designed to improve diversity; participation in cooperative endeavors to improve employment opportunities and community relations that affect employability; collection and analysis of employment data; assessment of program sufficiency; and conduct of special studies and surveys.
D. The Complaints Processing and Adjudication Staff (CPA) is responsible for issuing final agency decisions on all complaints of discrimination filed against the Department on the basis of race, color, sex, national origin, religion, age, disability or sexual orientation. Final agency decisions include dismissing complaints in total or in part; accepting, rejecting, or modifying recommended decisions from EEOC Administrative Judges; issuing decisions on the merits of cases without a hearing by an EEOC Administrative Judge, and issuing decisions on breach of settlement claims. Other decisions may involve awards on the amount of attorneys fees, awards on the amount of compensatory damages, or other Departmental decisions related to the corrective actions associated with findings of discrimination. The CPA staff prepares briefs on final agency decisions that have been appealed to the EEOC and works closely with the Office of the Solicitor and the Equal Employment Opportunity Commission.
The CPA also processes complaints of discrimination filed against the Office of the Secretary, Bureau Heads, and Assistant Secretaries. This process consists of identifying allegations for investigation, conducting complaint investigations, and processing cases for hearing.
The CPA is the custodian of all official complaint records filed against the Department and is responsible for ensuring that files are maintained and disposed of consistent with Federal regulations for records retention and the Privacy Act.
10/6/98 #3225
Replaces 1/12/98 #3187