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U.S. Attorneys' Manual

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U.S. Attorneys' Manual
EOUSA Resource Manual

69. EEOC Responsibilities

  1. Director: The Director has overall responsibility for assuring equal opportunity in employment throughout the USAOs and the EOUSA, establishing positive action plans to assure adherence to the Executive Office's policies, providing for equitable resolution of complaints of discrimination, and enforcing the EOUSA's EEO commitment.
     
  2. Principal Deputy Director: The Principal Deputy Director is responsible for the overall management of the EEO program within the USAOs and the EOUSA and for allocating sufficient resources to meet EEO program objectives.
     
  3. Office Directors, Assistant Directors and United States Attorneys: The Office Directors, Assistant Directors and United States Attorneys are responsible for assuring equal opportunity in employment within their organizations, and for issuing and assuring compliance with EEO program directives, e.g., posting a list of EEO Counselors, etc.
     
  4. EEO Assistant Director: The EEO Assistant Director is responsible for managing the EEO Program, monitoring the complaints process to ensure the integrity of the program, providing guidance to the EEO staff on complex and/or precedent setting matters, and ensuring that the EEO staff mission is realized both for regulatory compliance in EEO complaints processing, the affirmative employment program, and the alternative dispute resolution program. The EEO Assistant Director also participates in the development of plans of action, evaluates the EEO aspects of personnel management programs, and advises management on policy issues to strengthen the USAOs and the EOUSA EEO programs.
     
  5. Equal Employment Opportunity Specialists: The EEO Specialists assist the Assistant Director in the implementation of the EEO/Affirmative Employment programs by providing prompt, expert advice and information to applicants to the organization and employees within the organization (including managers) who have concerns involving equal employment opportunities and special emphasis programs. The EEO Specialists keep the EEO Assistant Director abreast of discriminatory complaints filed in the office, alerting him/her to controversial matters and potentially precedent setting decisions. The EEO Specialists track and monitor cases for the respective USAO for which they have responsibility, assigning collateral duty EEO counselors and investigators, providing guidance, and acting as liaison between them and witnesses, complainants, and management officials when necessary to resolve unusual conflicts or problems that arise. The EEO Specialists also provide technical advice to Administr ative Officers and Personnel Management Specialists in the districts. As required, the EEO Specialists develop annual affirmative employment plans. The EEO Specialists serve as national managers of the individual Special Emphasis Programs, manage individual complaint processing, the affirmative employment program, and the Alternative Dispute Resolution (ADR) program.
     
  6. Equal Employment Opportunity Counselors: Equal Employment Opportunity Counselors are designated by the Director and are responsible for providing prompt, expert information to employees within and applicants to the USAOs and the EOUSA who have concerns which involve issues of alleged discrimination. The EEO Counselors are also responsible for gathering factual information relevant to the allegation(s) brought forth, attempting resolution of the matter at the informal stage, and rendering a report concerning the counseling stage. In addition, EEO Counselors advise complainants of the ADR Program and provide pertinent information to the ADR Manager on the informal complaint proposed for the process. The information will include the Mediation Election Form and a preliminary counselor's report (when available).
     
  7. Equal Employment Opportunity Investigators: Equal Employment Opportunity Investigators are designated by the Director and are responsible for providing a prompt, expert Report of Investigation comprised of unbiased facts obtained from designated witnesses identified by complainant and management, and other logical evidence. Equal Employment Opportunity Investigators are authorized to: investigate all aspects of the complaint of discrimination; require all employees of the EOUSA to cooperate in the conduct of the investigation; and require employees of the EOUSA having any knowledge of the matter complained of to furnish testimony under oath or affirmation without a pledge of confidentiality.
     
  8. Alternative Dispute Resolution Manager: The Alternative Dispute Resolution Manager is appointed by the Assistant Director and is responsible for selecting mediators; acting as liaison with the mediators; notifying participants to mediation of the date, schedule of mediation and ensuring the presence of participants at mediation; ensuring that all necessary settlement documents are appropriately coordinated and signed and that all terms of any settlement agreement are complete; informing complainants of their right to seek enforcement of the settlement agreement; and if there is no resolution of the complaint, assuring that complaint processing continues in accordance with 29 C.F.R. § 1614.
     
  9. Alternative Dispute Resolution Specialists (Mediators): Alternative Dispute Resolution Specialist are appointed by the Director and are responsible for reviewing background material including statement of issues, etc. to assist the ADR manager in determining the participants to the mediation; explain the mediation process to participants; work with parties to aid the parties in reaching a resolution; brief the ADR Manager on proposed resolutions, prepare the ADR Manager on proposed resolutions, prepare settlement, and coordinate the signing of an agreement between participating parties (if a resolution is achieved); and to notify the ADR Manager and terminate the mediation process by completing an ADR Mediation Termination Report (if no resolution is achieved).
     

  10. Special Emphasis Program Managers: The role of the Special Emphasis Program Managers (SEPM) is to advise the United States Attorneys and the EEO Assistant Director regarding EEO, affirmative employment and diversity issues. The SEPM serves as the local advisor on the status and concerns of women, Blacks, Hispanics, Asian/Pacific Americans, Native Americans, and persons with disabilities, including disabled veterans. The recognized Special Emphasis Programs are identified as follows:

    1. Federal Womens' Program;
       
    2. Black Affairs Program;
       
    3. Hispanic Employment Program;
       
    4. Asian/Pacific American Program;
       
    5. Native American Program; and
       
    6. Selective Placement Program for Persons with Disabilities, including Disabled Veterans
       
    The SEPM are appointed by the United States Attorneys and are approved by the EEO Assistant Director.
     
  11. Personnel Officers: Personnel officers are responsible for assuring that all personnel management programs are free of discrimination. For this reason and because of the skills available to them, personnel officers are also responsible for evaluating the personnel management programs to ensure equal opportunities in employment for employees and applicants and for recommending objectives for EEO plans of action to the EEO Assistant Director.
     
  12. Managers and Supervisors: These officials are responsible for providing equal opportunity in all established employment programs and for detecting and eradicating all discriminatory practices within their organizational units.
     
  13. EEO Advisory Committees: These committees are established in the districts, upon the recommendation of the EEO Assistant Director, to assist the USAOs in their development of a more effective and positive internal EEO/Affirmative Employment program. The members are selected by the United States Attorney and are appointed by the Director of the EOUSA. They are authorized to:
     
    1. Identify and recommend solutions to employment problems and provide reports of accomplishments on a periodic basis to the United States Attorney;
       
    2. Assist the Chairperson of the Committee and the EEO staff in the development and implementation of EEO/Affirmative Employment Plans;
       
    3. Ensure that all employees are given an equal opportunity to enhance their skills, and that recruitment activities are designed to reach and attract both minority as well as non-minority candidates; and
       
    4. Contact the EEO Assistant Director, as appropriate, for technical and advisory assistance.
       
  14. Employees: All employees are responsible for treating fellow employees with basic respect and dignity, and not practicing themselves, nor condoning in others, discriminatory behavior in employment based on race, color, religion, sex, age, national origin, disability (physical or mental), sexual orientation or reprisal.

All employees retain the ultimate responsibility for establishing their own career goals, for seeking information and advice relative to their goals and employment, and for working toward the fulfillment of their career objectives.

[cited in USAM 3-5.120]