DEPUTY ASSISTANT SECRETARY PERFORMANCE, ACCOUNTABILITY AND HUMAN RESOURCES
The Deputy Assistant Secretary Performance, Accountability and Human Resources was established under Secretarial Order 3254. The functions of the Deputy Assistant Secretary - Human Resources and Workforce Diversity and the Deputy Assistant Secretary - Performance and Management are combined under this position. The Deputy Assistant Secretary Performance, Accountability and Human Resources also serves as the designated official responsible for the Department's drug an alcohol policy and approves drug testing of designated positions under the Drug-free Workplace program.
DEPUTY CHIEF HUMAN CAPITAL OFFICERA new position, Deputy Chief Human Capital Officer is established under Secretarial Order 3254 and reports to the Deputy Assistant Secretary - Performance, Accountability and Human Resources. The Deputy Chief Human Capital Officer is also the Designated Agency Safety and Health Official. The Office of Human Resources, the Office of Civil Rights and the newly established Office of Occupational Health and Safety will report to the Deputy Chief Human Capital Officer.
OFFICE OF CIVIL RIGHTS
The Office of Civil Rights (OCR), as established in 112DM19, is responsible for the development and enforcement of civil rights and equal opportunity programs pursuant to existing laws, Executive Orders and regulations. It is the focal point for civil rights and equal opportunity functions in the Department. Its primary objectives are to ensure equal opportunity for all Departmental employees and Federally assisted programs funded by the Department. The OCR develops policy, programs and guidance to assure proper implementation of the governing laws, Executive Orders and regulations; reviews, evaluates and trains Bureaus and Offices in carrying out their responsibilities in Equal Opportunity; manages the Civil Rights and Equal Employment Opportunity complaints programs for the Department.
OFFICE OF THE DIRECTOR
The Director serves as the expert advisor to the Secretary, the Secretariat and Bureau/Office Heads in all aspects of equal opportunity and is responsible for providing leadership, policy guidance and assistance for all civil rights and equal opportunity functions in the Department. The Office of the Director provides overall direction and guidance, for policy and program development, program evaluations and management reviews, management improvement and productivity initiatives. The Director adjudicates and issues final decisions on all discrimination complaints filed against the Department which are based on race, color, age, national origin, religion, sex and disability, as well as those alleging accessibility discrimination in Federally conducted programs and activities.
DIVERSITY POLICY AND EVALUATION
This Staff provides leadership and develops policy and guidance to improve diversity throughout the Department, advises management on mechanisms for achieving diversity and provides the statistical data required; manages Affirmative Employment Programs for women, minorities and people with disabilities; provides guidance and technical direction to bureaus and offices; collects, analyzes and disseminates data for Affirmative Employment Program Planning; conducts evaluations, reviews and conducts special studies to assess program management and implementation; and initiates corrective actions to bring about improvements. This staff provides direct support to the Deputy Assistant Secretary for Workforce Diversity in specific initiatives related to diversity; e.g., the Department's diversity strategic plan, monitoring of Bureau diversity implementation plans, targeted recruitment plans and activities, etc.
CIVIL RIGHTS POLICY
This Staff develops policy and issues guidance for the Department's Equal Employment Opportunity and Civil Rights Programs. It administers and monitors the Department's Civil Rights Compliance and Enforcement Program pertaining to the Department's financially assisted/conducted programs and ensures that the programs are operated free of discrimination. It develops non-discrimination regulations and implementing guidelines for these programs and provides Departmental oversight over the investigation of complaints of discrimination filed against recipients of Federal financial aid. This Staff's work in the area of equal employment opportunity encompasses three major thrusts - education, prevention and dispute resolution. The Staff also develops Departmental policy and manages the processing and adjudication of discrimination complaints.
FUNCTIONAL RESPONSIBILITIES
DIVERSITY POLICY AND PROGRAM EVALUATION
Diversity
The Staff provides program and analytic support to all of the DOI diversity initiatives, including the initiatives led by the DAS for Workforce Diversity, the Diversity Task Force established by the Deputy Secretary, DOI's Diversity Council, the various special emphasis groups. Presentations to various management groups and training to technical workers are provided frequently. It is responsible for communicating to employees the Department's efforts in improving diversity through education, training and public information.
Affirmative Employment Program
The Staff is responsible for providing leadership and direction for the Affirmative Employment Program (AEP), the Federal Equal Opportunity Recruitment Program (FEORP), the Disability Employment Program, the Disabled Veterans Affirmative Action Program (DVAAP), and the Special Emphasis Programs. The approach to these programs is integrated, i.e., recruitment and under-representation are addressed in a similar manner, and the accomplishment reports are integrated into one document. The emphasis is on improving diversity in the workforce and the management of a diverse workforce.
The Staff develops the annual AEP Report, which integrates all the related programs identified above. The Staff uses the Equal Employment Opportunity Reports (EEOR) system. The resulting information provides the analytic base for DOI's diversity initiatives. It provides an active outreach program to the bureaus consisting of presentations to management; coordination, technical training and support in AEP analysis for Bureau AEP staffs, and support to management groups such as the Interior's Management Council, Diversity Task Force, and Diversity Council. It provides guidance and support to special emphasis undertakings conducted in the Department and is refocussing this program to make it a more pro-active initiative that ties into the diversity and affirmative employment efforts.
Guidance and Technical Assistance
Policy is developed and directives issued regarding the development and implementation of the affirmative employment programs. Recent efforts have included a "cookbook" for producing insightful AEP Reports, instructions for data verification, development of queries on the computer to address specific issues or provide quality control on the data, etc.
Data Support
The Staff provides policy direction regarding the Equal Employment Opportunity Report (EEOR) system, training to bureaus in the use of the system and analysis of the reports, and analytic support to managers on request. The Staff is currently involved in the transition of the system to Federal Payroll Personnel System (FPPS).
Program Evaluation
Program evaluations and management reviews are conducted as a monitoring function to ensure that equal opportunity policies are implemented and that the Federal EEO programs and the Federally conducted and assisted programs are managed and implemented efficiently, effectively and in compliance with the laws, regulations and Departmental guidance. Cyclical and special reviews are conducted and, where deficiencies are found, corrective measures are taken to assure full compliance.
CIVIL RIGHTS POLICY
Federally Assisted/Conducted Programs
The Staff is responsible for managing and implementing the laws and regulations that prohibit discrimination by recipients of Federal financial aid. These laws prohibit discrimination on the basis of sex in federally assisted education programs, and on the bases of race, color, national origin, handicap, or age, in all programs and/or activities of recipients receiving funding from the Department, with the exception of guarantee and insurance-related programs. The Staff has similar responsibilities for addressing disability rights matters affecting Interior's federally conducted programs.
The Staff provides technical assistance to the Department's bureaus and offices and to recipients throughout the nation. It monitors the implementation of the civil rights enforcement policies and practices of the bureaus and develops nondiscrimination implementing regulations and guidelines governing Federal financially assisted programs, including guidance on compliance reviews of recipients of Departmental funding.
The Staff is responsible for overseeing the investigation and resolution of disability rights complaints filed against all natural resources-related State and local government entities, and other entities, whether or not they receive Federal financial assistance. The staff also oversees bureau implementation of the investigation and adjudication of complaints filed by individuals and/or organizations alleging discrimination in both Interior's federally assisted and federally conducted programs.
EEO Discrimination Complaints
The Staff is responsible for administering the EEO Counseling and Complaints Processing and Adjudication Program Department-wide. Programmatic responsibilities include the development of policy, guidance, and technical direction/assistance to the Bureaus in implementing the program. Staff also reviews and prepares decisions on complaints submitted for partial or full dismissal; analyzes cases and prepares final agency decisions on the merits of cases and on settlement breach claims; develops briefs in response to appeals, and addresses requests for compensatory damages and attorney fees. The Staff monitors Bureau compliance with governing regulatory requirements as well as EEOC orders and Departmental directives and initiates steps to improve program effectiveness. Staff also monitors the implementation of the Departmental process for expeditiously addressing allegations of harassment and hostile work environment. The Staff is responsible for implementing a complaints prevention program through the use of alternative dispute resolution techniques and other education and training programs. Technical assistance is provided to assist bureaus and offices in achieving early resolution of complaints and in taking pro-active steps to address identified problem areas.
LEGAL AUTHORITIES
The Office for Equal Opportunity derives its authority and responsibilities from: the Civil Rights Act of 1964; the Civil Rights Act of 1968; the Equal Employment Opportunity Act of 1972; the Rehabilitation Act of 1973, as amended; the Civil Service Reform Act of 1978; the Age Discrimination Act of 1975; the Civil Rights Restoration Act of 1987; Public Law 93-259 amending the Age discrimination in Employment Act of 1967; Title IX of the Education Amendments of 1972; Executive Order 11478 (as amended by Executive Order 12106); and Executive Order 12320.
o Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance.
o Section 504 of the Rehabilitation Act of 1973, as amended, provides that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, or under any Federally conducted program or activity.
o The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving Federal financial assistance.
o The Civil Rights Restoration Act of 1987 broadens existing Federal civil rights laws to cover not only a specific program or activity receiving Federal assistance, but the entire institution or entity of which the program or activity is a part.
o Title IX of the Education Amendments of 1972 provides that no person in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
o Title II of the Americans with Disabilities Act and implementing regulation at 28 CFR 35 (ADA) extends the disability rights requirements of section 504 to all units of State and local government, including special government districts, who are not recipients of Federal financial assistance. Interior has been designated specific compliance responsibilities over all State and local government programs not receiving Federal financial assistance that are related to lands, natural resources, parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums. This legal requirement becomes effective January 1992.
o Title VIII of the Civil Rights Act of 1968 provides for fair housing in dwellings owned or operated by the Federal Government or receiving Federal Financial assistance.
o Title VII of the Civil Rights Act of 1964 provides Federal employees and applicants for Federal employment with judicially enforceable equal employment rights.
o The Equal Employment Opportunity Act of 1972 incorporates and strengthens Executive Order 11478, and authorizes employees or applicants to file a civil action in an appropriate U.S. District Court concerning a complaint of discrimination.
o The Civil Service Reform Act of 1978 requires agencies to conduct a continuing program to eliminate underrepresentation of minorities and women.
o Public Law 93-259 amending the Age Discrimination in Employment Act of 1967 provides for nondiscrimination on account of age in Federal employment.
o Executive Order 11478 (as amended by Executive Order 12106) prohibits discrimination and ensures equal opportunity for all persons without regard to race, color, religion, sex, national origin, or age, employed in or seeking employment with the Federal Government.