United States

Office of Personnel Management

Office of Merit Systems Oversight and Effectiveness

Digest of Significant Classification Decisions and Opinions

November 1983

No. 03-04

Standard:	Equal Employment Opportunity Series, GS-0260 (November 1980)

Factors:	(1) Titling (2) Knowledge Required

Issues:	(1) Distinguishing between "Specialists" and "Managers" (2) Applicability of Level 1-9

Introduction

An Equal Employment Specialist filed a position classification appeal with the Office of Personnel Management to request that his position be upgraded. Among other things, he believed that (1) his position should be designated as an Equal Employment Manager rather than as an Equal Employment Specialist; and (2) Knowledge Required should have been credited at Level 1-9.

At the agency level, the employee directed the Hispanic employment program for a large, complex and diversified agency which had installations and employees dispersed world-wide. The management structure of the agency provided for policy direction and control through intermediate levels between the headquarters and local installations. The employee planned, directed, reviewed and evaluated his assigned program and advised senior-level agency officials on its development and implementation. He provided expert technical guidance and advice to Equal Employment Managers at subordinate organizations as well as at the agency level.

The employee was assigned to a small staff office where the primary functions were management of the agency's various special emphasis programs, e.g., Hispanic employment, Federal women's program, handicapped employment, and affirmative action. This office was headed by a supervisor with delegated authority and responsibility for the accomplishment of all programs assigned to the office. The supervisor provided leadership for the assigned programs, developed policies and programs to provide optimum emphasis, and determined projects or actions needed to meet overall EEO program objectives.

(1) Managerial Titling

Issue

Equal Employment Managers have primary responsibility for a total equal employment opportunity program or an identifiable part of a program. An "identifiable part" might be a Hispanic employment program, Federal women's program or complaint adjudication program.

The Office of Personnel Management has held that primary responsibility includes accountability for performance of the assigned program, e.g., planning, organizing, directing, staffing, coordinating, reviewing and evaluating the program. More specifically, seven or all eight of the following program management responsibilities should be included to warrant managerial titling.

1.	development of recommendations to management on the level and mix of resources (staff, money, space and equipment) to be assigned to the program;

2.	allocation of assigned resources within the program to meet program objectives;

3.	assignment, direction, and review of the equal employment opportunity program work of collaterally assigned or subordinate employees;

4.	explaining to and gaining the support of the workforce for management's equal employment opportunity policies and goals;

5.	coordination of program activities with other staff offices and with line managers to achieve mutual objectives;

6.	systematic evaluation of program activities and functions to measure the degree of success of program efforts;

7.	recommending changes in program methods and approaches based on evaluation results; and

8.	periodic assessment of the applicability of current local equal employment opportunity program objectives and recommending changes.

Resolution

On the surface, managerial titling seemed to apply to the position in question. However, it was determined that the employee's supervisor, rather than the employee himself, had true control of the various special emphasis programs, including the Hispanic employment program. Even though the employee performed a number of management-like functions (coordination, policy recommendations, and program evaluation), he could not be considered to have "primary responsibility" for the program, given the management structure of the office and the authority delegated to the supervisor. Thus, the position did not meet the primary test for managerial titling, and reference to the eight managerial criteria was not necessary.

(2) Applicability of Level 1-9

Issue

In addition to mastery of technical skills, Level 1-9 requires the knowledge and use of broad administrative skills to develop or materially redesign broad and complex national programs. This is characterized by a combination of exceptional depth of program involvement and exceptional breadth of program scope, e.g.:

--developing or materially redesigning broad equal employment opportunity programs covering large Federal departments;

--developing and advising management on the establishment of equal employment opportunity programs, policies, and approaches; and

--proposing comprehensive changes in basic management policies.

Resolution

Although initial review seemed to indicate Level 1-9, closer scrutiny revealed that level to be inappropriate in view of the existing management structure and delegation of authority. The above noted statements reflect a breadth of program scope that is not found in an Equal Employment Specialist position restricted to a single special emphasis program in an agency. In order to warrant consideration of Level 1-9, such a position would have to be assigned responsibility for broad programs (i.e., several special emphasis programs) and agency-wide scope.