DoD Directives
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OFFICE OF THE SECRETARY OF DEFENSE |
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1950 DEFENSE PENTAGON |
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Administration |
November 14, 1988
ADMINISTRATIVE INSTRUCTION NO. 31
SUBJECT: Equal Employment Opportunity (EEO) Program
References: (a) Administrative Instruction No. 31, "Equal Employment Opportunity," September 26, 1978 (hereby canceled)
(b) Administrative Instruction No. 18, "Federal Women's Program," April 9, 1979 (hereby canceled)
(c) DoD Directive 1440.1, "The DoD Civilian Equal Employment Opportunity (EEO) Program," May 21, 1987
(d) Secretary of Defense Multiple Addressee Memorandum, "Equal Employment Opportunity (EEO) for Civilians Within the Department of Defense," March 9, 1988
(e) Deputy Assistant Secretary of Defense (Administration) Multiple Addressee Memorandum, "Equal Employment Opportunity (EEO) Policy for Civilians Within OSD and Serviced Organizations," April 19, 1988
(f) Administrative Instruction No. 9, "Processing Complaints of Discrimination," January 11, 1979
1. REISSUANCE AND PURPOSE
This Instruction:
1.1. Reissues reference (a), cancels reference (b), and implements references (c), (d), and (e) to update policy and responsibilities for the Equal Employment Opportunity (EEO) Program, Affirmative Employment Program (AEP), and Federal Equal Opportunity Recruitment Program (FEORP).
1.2. Establishes the Affirmative Employment Work Group and the Office of the Secretary of Defense (OSD) EEO Awards Program.
2. APPLICABILITY
This Instruction applies to the Office of the Secretary of Defense (OSD), the Joint Chiefs of Staff (JCS), and all activities that receive administrative support from Washington Headquarters Services (WHS) (hereafter referred to collectively as "OSD Components").
3. DEFINITIONS
3.1. Affirmative Action. A tool to achieve equal employment opportunity. A program of self-analysis, problem identification, data collection, policy statements, reporting systems, and elimination of discriminatory policies and practices, past and present. Such a program does not contemplate and shall not include any preferential treatment of any person on the basis of race, color, national origin, religion, sex, age or handicap.
3.2. Affirmative Employment Program Plans (AEP Plans). Formal written plans developed by the Equal Employment Opportunity Office, Personnel and Security Directorate, WHS, and implemented by the OSD Components to identify the manifest imbalance of minorities, women, handicapped individuals, and disabled veterans and to establish numerical goals to eliminate the imbalances.
3.3. Equal Employment Opportunity (EEO) Program. A program to ensure compliance with the law; to ensure EEO; and to eliminate discrimination in recruitment, selection, placement, awards recognition, and training based on race, color, religion, sex, national origin, handicapping conditions, or age.
3.4. Federal Equal Opportunity Recruitment Program (FEORP). A program that requires Agencies to determine if minorities and women are underrepresented in the Agency work force and, where a manifest imbalance exists, to implement a formal plan with specific recruitment actions to ensure increased availability of minority and women candidates. This Program includes the Special Emphasis Program (SEP).
3.5. Special Emphasis Programs (SEPs). Programs established as integral parts the overall EEO program to enhance the employment, training, and advancement of a particular minority group, women, or handicapped persons.
4. POLICY
It is OSD policy to:
4.1. Promote equal opportunity in every aspect of personnel policy and practice in the employment, development, advancement, and treatment of employees.
4.2. Develop and implement an affirmative employment program to achieve representative work force by overcoming manifest imbalances of minorities, women, handicapped individuals, and disabled veterans in every occupational series and all grade levels commensurate with the civilian labor force representation specified in Equal Employment Opportunity Commission and Office of Personnel Management guidance defined in DoD Directive 1440.1 (reference (c)).
4.3. Ensure that EEO program activities for minorities, women, handicapped individuals, and disabled veterans are integrated fully into the personnel management system.
4.4. Prohibit discrimination in employment because of race, color, religion, sex, national origin, mental or physical handicap, or age.
4.5. Eliminate barriers and practices that impede EEO for all employees and applicants for employment, including sexual harassment in the work force, eliminate discriminatory practices and architectural, transportation, and other barriers affecting handicapped individuals.
5. RESPONSIBILITIES
5.1. The Director of Administration and Management (DA&M), as the Director of Civilian Equal Employment Opportunity (DCEEO), shall:
5.1.1. Direct the EEO Program, AEP, and FEORP within the Office of the Secretary of Defense.
5.1.2. Monitor and evaluate the sufficiency of AEP numerical objectives of the OSD Components.
5.1.3. Ensure fair, impartial, timely investigation, and resolution of complaints of discrimination in employment, including complaints of sexual harassment.
5.1.4. Advise and represent the Secretary of Defense on EEO matters.
5.1.5. Administer the EEO Awards Program (see enclosure 1).
5.1.6. Establish the Affirmative Employment Work Group (see enclosure 2).
5.2. The Director of Personnel and Security, WHS, as the Civilian Equal Employment Opportunity Officer (CEEOO), shall assist the DCEEO in his responsibilities. Additionally, the CEEOO shall:
5.2.1. Develop and coordinate AEP Plans for submission to OPM and EEOC.
5.2.2. Provide a continuing EEO educational program, including training in the prevention of sexual harassment, for civilian and military supervisors.
5.2.3. Ensure that the OSD Components establish upward mobility or other long-term training programs to provide career enhancement for targeted group members. These programs shall be consistent with management expectations of future needs, shall be targeted to occupational series where demonstrable imbalances exist, and where there is a likelihood of vacancies occurring, e.g., scientific and engineering positions.
5.2.4. Ensure that realistic AEP numerical goals, which provide for significant continuing increase in the percentage of targeted group members in entry, middle, and high grade positions in all OSD Components and occupational series, are set and accomplished until the overall OSD goal is met and sustained.
5.2.5. Disseminate information and provide advice on EEO and AEP to managers, supervisors, and employees to ensure their understanding, to enlist their cooperation in meeting goals and to ensure that AEP plans are implemented.
5.2.6. Provide AEP Plans to employees and their representatives.
5.2.7. Develop procedures and implement a system for investigating and resolving complaints of employment discrimination (Administrative Instruction No. 9 (reference (f))).
5.2.8. Ensure fair, impartial, timely investigation and resolution of complaints of discrimination in employment, including complaints of sexual harassment.
5.2.9. Administer the FEORP that includes SEP Managers for the Black Employment Program (BEP), Federal Women's Program (FWP), Handicapped Individuals Program (HIP), and the Hispanic Employment Program (HEP) (see enclosure 3).
5.2.10. Ensure that the OSD Components establish focused external recruitment programs to produce employment applications from members of targeted groups who are qualified to compete with OSD employees for positions at all grade levels and in all occupational series.
5.2.11. Provide educational and training opportunities, consistent with merit staffing principles, to all employees through on-the-job training, work-study programs, formal classroom training, and participation in professional meetings and conferences.
5.2.12. Provide OSD representation to the Interagency Committee on Handicapped Employees and the Interagency Committee for Computer Support of Handicapped Employees.
5.3. The Heads of the OSD Components shall:
5.3.1. Ensure that EEO policies are disseminated widely, understood, and implemented at all levels within their organizations.
5.3.2. Set realistic AEP numerical goals and motivate managers and supervisors to meet the goals until their overall Component objectives are met and sustained.
5.3.3. Ensure that targeted group members receive full consideration for employment at all grade levels and in all occupational series, with special emphasis on mid-level, high-grade, and executive-level positions, including SES positions.
5.3.4. Require that EEO be a critical job element in the performance appraisals of all supervisors, managers, and employees with EEO responsibilities.
5.3.5. Establish AEP goals, upward mobility, and other programs and motivate managers and supervisors to ensure that members of targeted groups are provided opportunities for career advancement. Programs shall focus on occupational series that are underrepresented, e.g., scientific and engineering positions.
5.3.6. Designate an Affirmative Employment Work Group representative.
5.3.7. Designate SEP coordinators to assist in the implementation of the FEORP.
5.3.8. Participate in the OSD EEO Awards Program.
5.3.9. Ensure fair, impartial, timely investigation, and resolution of complaints of discrimination in employment, including complaints of sexual harassment.
5.4. Supervisors and Managers shall:
5.4.1. Ensure that all employees and applicants for employment are treated in a manner free of discrimination in all aspects of the employment process.
5.4.2. Ensure that EEO principles are integrated into the personnel management process and that EEO principles are considered in employment decisions, such as promotions, reassignment, training, awards, and other personnel actions and decisions.
5.4.3. Maximize the current skills of all employees wherever possible through management actions such as reassigning work, detailing and establishing upward mobility positions, and examining existing position descriptions to determine if they are current and equitable.
5.4.4. Ensure fair, impartial, timely investigation, and resolution of complaints of discrimination in employment, including complaints of sexual harassment.
5.4.5. Take appropriate action to prevent and ultimately eliminate sexual harassment in the work place.
5.4.6. Support and attend program activities for targeted group members, such as meetings, workshops, conferences, job fairs, and community relations activities.
5.4.7. Monitor accomplishments of EEO and AEP objectives.
5.5. Employees shall:
5.5.1. Be aware of the EEO policy, AEP, and policies on the prevention of sexual harassment.
5.5.2. Inform their supervisors of perceived differential treatment so that the problem may be corrected.
5.5.3. Treat their co-workers, peers, and supervisors with dignity and in conformance with EEO policy.
6. EFFECTIVE DATE
This Instruction is effective immediately.
Enclosures - 3
E2. Affirmative Employment Work Group
E1. ENCLOSURE 1
OSD EEO AWARDS PROGRAM
E1.1. PURPOSE
The OSD EEO Awards Program is designed to give recognition to supervisors and managers whose efforts and contributions in furtherance of the goals and objectives of the EEO program and AEP have been so exemplary and significant that they are deserving of special honor and praise.
E1.2. AWARDS CRITERIA
Selections for Awards shall be based on demonstrated achievements in one or more of the following endeavors:
E1.2.1. Outstanding results in selecting or promoting members of targeted groups consistent with merit principles.
E1.2.2. Outstanding efforts or support in ensuring that members of targeted groups received educational opportunities or training.
E1.2.3. Outstanding accomplishments in using members of targeted groups to their fullest abilities or assigning underutilized members of targeted groups who are qualified to higher positions.
E1.2.4. Exemplary or noteworthy participation in organizations or activities resulting in improvements in EEO or affirmative employment for members of targeted groups.
E1.3. NOMINATION PROCEDURES
E1.3.1. Nominations for the OSD EEO Awards shall cover the period from October 1 through September 30 and shall be submitted by the Heads of the OSD Components to the Director of Administration and Management by the following November 1.
E1.3.2. A narrative on the achievements of each nominee should not exceed two typed pages consisting of the following documentation:
E1.3.2.1. Facts supporting the achievements.
E1.3.2.2. Results obtained in a specific endeavor.
E1.3.2.3. The period covered.
E1.3.2.4. Statistical data, when appropriate.
E1.3.3. Nominations must meet the Awards Criteria in section E1.2., above.
E1.4. SELECTION OF AWARD WINNERS
An ad hoc committee shall be established by the CEEOO to review the nominations and submit the final recommendations to the DCEEO for selection and notification of the final winners.
E1.5. AWARDS AND PRESENTATIONS
E1.5.1. Award winners shall receive a Certificate of Achievement signed by DCEEO, along with an engraved plaque.
E1.5.2. The Awards shall be presented to the winners at the annual Martin Luther King, Jr. Breakfast in January of each year.
E2. ENCLOSURE 2
AFFIRMATIVE EMPLOYMENT WORK GROUP
E2.1. PURPOSE
The purpose of the Affirmative Employment Work Group is to:
E2.1.1. Develop AEP guidance to assist managers and supervisors.
E2.1.2. Identify problem areas in the OSD Components by targeted groups and occupational series and develop recommendations for resolving the problems.
E2.1.3. Provide a forum for exchange of information and ideas about the EEO Program.
E2.1.4. Provide a focal point for developing OSD-wide EEO activities.
E2.2. MEMBERSHIP AND ORGANIZATION
E2.2.1. Membership of the Affirmative Employment Work Group shall consist of the following individuals:
E2.2.1.1. The CEEOO, or designee, as chair.
E2.2.1.2. A representative at the managerial or supervisory level from each OSD Component.
E2.2.1.3. SEP Managers.
E2.2.2. The Affirmative Employment Work Group shall meet quarterly.
E3. ENCLOSURE 3
SPECIAL EMPHASIS PROGRAMS (SEPs)
E3.1. SEPs
The SEPs are an integral part of the FEORP and AEP to enhance the employment, training, and advancement of minority groups, women, and handicapped individuals.
E3.2. SEP MANAGERS
E3.2.1. The SEP Managers shall be appointed by the DCEEO for at least 2 years on a collateral duty basis (normally 20 percent of official duty time). SEP Managers for the Office of the Secretary of Defense are as follows:
E3.2.1.1. Black Employment Program Manager (BEPM).
E3.2.1.2. Federal Women's Program Manager (FWPM).
E3.2.1.3. Handicapped Individuals Program Manager (HIPM).
E3.2.1.4. Hispanic Employment Program Manager (HEPM).
E3.2.2. At his or her discretion, the DCEEO shall establish additional SEP Managers under the FEORP, i.e., the Asian/Pacific Islanders Program Manager and the American Indian/Alaskan Native Employment Program Manager.
E3.2.3. Responsibilities. Under the supervision of the CEEOO or designee, SEP Managers shall:
E3.2.3.1. Assist in developing, implementing, and evaluating the AEP to ensure inclusion of goals directed toward recruitment, employment, and advancement of targeted groups.
E3.2.3.2. Advise the CEEOO or designee on matters affecting the employment and advancement of targeted groups.
E3.2.3.3. Initiate and maintain positive contacts with other Government Agencies and private organizations, such as professional groups, colleges, and universities that are concerned with or have an interest in the employment and career advancement of targeted groups.
E3.2.3.4. Prepare and submit quarterly reports to the CEEOO or designee and present briefings.
E3.2.3.5. Assist in counseling of members of targeted groups about career opportunities and encourage them to participate in self-development and continuing education.
E3.2.3.6. Encourage management to use the Upward Mobility Program and restructure positions to provide opportunities for employees who are in lower grades or dead-end positions to progress to their highest potential.
E3.2.3.7. Increase management's awareness of the economic advantages of fully using the talents of all employees.
E3.2.3.8. Monitor and evaluate OSD staffing efforts to identify barriers and impediments to the recruitment of members of targeted groups.
E3.2.3.9. Help identify, modify or eliminate inappropriate selection criteria that have an adverse impact on targeted groups, especially those individuals with a disability of 30 percent or more.
E3.2.3.10. Establish and maintain a working committee comprised of SEP coordinators from OSD Components to collect and disseminate information, sponsor workshops seminars, and organize and participate in special events for the SEP.