DOE O 311.1X Draft 311.1X EQUAL EMPLOYMENT OPPORTUNITY AND DIVERSITY PROGRAM <AUTHOR> Neil Schuldenfrei <AUTHOR_EMAIL> Neil.Schuldenfrei@hq.doe.gov <ORG> ED <SUMMARY> To provide equal opportunity in employment for all Department of Energy employees. <DATE_ISSUE> 07/09/2002 <DATE_CLOSE> <DATE_REVIEW> <TEXT> U.S. Department of Energy ORDER DRAFT DOE O 311.1X Washington, D.C. Approved: XX-XX-02 Sunset Review: XX-XX-04 Expiration: XX-XX-06 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY AND DIVERSITY PROGRAM 1. OBJECTIVES. a. To provide equal opportunity in employment for all Department of Energy (DOE) employees and applicants and to alleviate conspicuous absences and/or manifest imbalances. b. To promote through appropriate monitoring and educational programs the full realization of equal employment opportunity (EEO) for minorities, women, and people with disabilities. c. To identify and eliminate systemic or institutional barriers to employment. d. To prohibit discrimination in employment due to race, color, religion, sex (including sexual harassment), national origin, reprisal, age, physical or mental disability, or sexual orientation (including sexual orientation harassment). e. To develop, implement, and monitor an EEO counseling, complaints, and investigations program in accordance with laws, rules, regulations, policies, and procedures that prohibit discrimination and to provide for the prompt, equitable adjudication of complaints filed by individuals or classes. f. To ensure that applicants for and recipients of Federal financial assistance are in compliance with civil rights laws that prohibit discrimination in programs, projects, and activities. 2. CANCELLATION. DOE O 311.1A, Equal Employment Opportunity and Diversity Program, dated 12-30-96. Cancellation of an Order does not, by itself, modify or otherwise affect any contractual obligation to comply with the Order. Cancelled Orders incorporated by reference in a contract must remain in effect until the contract is modified to delete the reference to the requirements in the cancelled Orders. 3. APPLICABILITY. a. DOE Elements. This Order applies to all DOE elements, including the National Nuclear Security Administration (see Attachment 1). b. Contractors. (1) The Contractor Requirements Document (CRD), Attachment 2, sets forth the requirements of this Order that will apply to contracts that include the CRD. (2) As the laws, regulations, and DOE directives clause of contracts state, regardless of the performer of the work, contractors with the CRD incorporated into their contracts are responsible for compliance with the requirements of the CRD. Affected contractors are responsible for flowing down the requirements of the CRD to subcontracts at any tier to the extent necessary to ensure the contractor's compliance with the requirements. c. Other. Applicants for and recipients of Federal financial assistance must also comply with the requirements of this Order. 4. REQUIREMENTS. a. Heads of DOE elements must submit reports when requested by the Director, Office of Economic Impact and Diversity or the Director for Civil Rights and Diversity or their designees. b. DOE elements with EEO complaint processing functions must interface with the Office of Economic Impact and Diversity's Complaint Tracking System by updating their respective cases and those cases which have been assigned to them from Headquarters (HQ) or other field elements. Users will have limited access to any site to which they are not authorized. c. All employees must participate in annual EEO/diversity training, and supervisors must have had such training before (or within an appropriate time period following) appointments to supervisory positions. d. All employees within the Department are responsible for ensuring the Department is free from discrimination on the basis of race, color, religion, sex (including sexual harassment), national origin, reprisal, age, physical or mental disability, or sexual orientation (including sexual orientation harassment). e. All employees within the Department must participate in biennial training on the prevention of sexual harassment. This training does not substitute or replace the annual training on EEO/diversity (paragraph 4c.) f. Each applicant for Federal financial assistance must complete a DOE F 1600.5, "Assurance of Compliance Nondiscrimination in Federally Assisted Programs," which incorporates the requirements of all applicable civil rights laws, and each recipient of Federal financial assistance maintaining an ongoing relationship with the Department must submit an annual compliance certification. 5. RESPONSIBILITIES. a. The following DOE officials are hereby designated as appropriate officials with whom to file an individual or class complaint of discrimination and must ensure any complaint received is promptly forwarded to appropriate personnel for processing: (1) Secretary of Energy (or his/her designee); (2) Director, Office of Economic Impact and Diversity (or designee); (3) Director, Office of Civil Rights and Diversity (or designee); (4) heads of field elements (or designees); and (5) field element EEO/diversity program managers. b. Director, Office of Economic Impact and Diversity. (1) Sets EEO policy. (2) Receives complaints of discrimination and forwards them to appropriate personnel for processing. (3) Ensures EEO and diversity programs within the Department conform to established laws, rules, regulations, policies, and procedures. c. Director, Office of Civil Rights and Diversity. (1) Serves as the principal advisor to the Director, Office of Economic Impact and Diversity, and all DOE elements, providing technical oversight of the Department's EEO/diversity programs. (2) Serves as the HQ EEO officer. (3) Designates special emphasis program managers and HQ EEO coordinators. (4) Establishes HQ equal employment opportunity or special emphasis advisory committees as needed, and recruits representatives from throughout DOE to assist in the recruitment, development, advancement, and retention of minorities, women, and people with disabilities. (5) Processes complaints of discrimination, including delegating the processing of such complaints to individual field element EEO/diversity managers to ensure timely, fair, and impartial consideration; investigation; and disposition. (6) Implements and monitors the Department's procedures for processing complaints of sexual orientation discrimination (including sexual orientation harassment) in accordance with the Department's policies prohibiting such discrimination. (7) Conducts (or oversees the conduct of) preaward reviews of all applicants and postaward compliance reviews of selected recipients of Federal financial assistance, and undertakes compliance negotiations when a recipient is not in compliance with applicable civil rights laws, rules, regulations, policies, or procedures. (8) Ensures allegations of discrimination in Federally assisted programs are investigated promptly and thoroughly by the EEO/diversity program office or industrial relations office (where one exists). d. Headquarters Diversity Managers/EEO Coordinators will perform EEO and Diversity duties in accordance with the provisions of this DOE Order. e. Field Element EEO and Diversity Program Managers. (1) Manage the daily functions of field organization EEO and diversity programs, reporting directly to the head of their respective field elements. (2) Process complaints of discrimination through the investigation stage to ensure timely, fair, and impartial consideration, investigation, and disposition. (3) Perform EEO and diversity duties in accordance with policy guidance and direction from the Director, Office of Economic Impact and Diversity and the Director, Office of Civil Rights and Diversity. 6. REFERENCES. a. Public Law (P.L.) 88-352, the "Civil Rights Act of 1964," Title VII, as amended by P.L. 92-261, the "Equal Employment Opportunity Act of 1972," which prohibits discrimination in Federal employment based on race, color, religion, sex, or national origin. Federal agencies are required to maintain an affirmative action and equal employment opportunity program for all employees and applicants for employment. b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000d et seq., which requires that no person in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving financial assistance from the Department of Energy. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C., Sections 1681 1688, which prohibit discrimination on the basis of sex in programs or activities receiving financial assistance from the Department of Energy. d. P.L. 90-202, the "Age Discrimination in Employment Act of 1967," as amended by P.L. 93-259 and P.L. 95-256, which prohibits discrimination in Federal employment based on age. e. Section 504 of the "Rehabilitation Act of 1973," as amended, P.L. 93-112, which prohibits discrimination in Federal employment based on physical or mental handicap. f. Section 501 of the "Rehabilitation Act of 1973," as amended, P.L. 93-112, which provides for the employment of individuals with disabilities. g. Section 505 of the "Rehabilitation Act of 1973," as amended, P.L. 93-112, which provides for remedies and attorneys' fees for individuals with disabilities. h. P.L. 94-135, the "Age Discrimination Act of 1975," which prohibits discrimination on the basis of age in programs or activities receiving Federal assistance from Federal agencies. i. P.L. 95-454, the "Civil Service Reform Act of 1978," which requires fair and equitable treatment of Federal employees and applicants for employment without regard to race, color, religion, sex, national origin, age, or handicapping condition and establishes a program under which Federal agencies are required to conduct affirmative recruitment for those occupations and grades within the work force where there is under representation of minorities and women. j. Executive Order 11478, "Equal Opportunity in the Federal Government," dated 8-8-69, which requires the head of each executive department to establish and maintain an affirmative employment program to ensure enforcement of Federal equal employment opportunity policy. k. Title 5, Code of Federal Regulations (CFR), Part 720, "Affirmative Employment Programs," which requires Federal agencies to conduct a continuing program for the internal and external recruitment of minorities and women. l. Title 10 CFR, Part 1040, "Nondiscrimination in Federally Assisted Programs," which prohibits discrimination on grounds of race, color, religion, national origin, sex, handicap, or age in programs and activities receiving Federal assistance from Federal agencies. m. Title 29 CFR, Part 1604.11, "Sexual Harassment," which sets forth guidelines on the identification and prevention of sexual harassment. n. Title 29 CFR, Part 1607, "Uniform Guidelines on Employee Selection Procedures," which provides principles and guidance for assuring that employee selection procedures are job-related and valid and do not discriminate on the basis of race, color, religion, national origin, or sex. o. Title 29 CFR, Part 1608, "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964," as amended, which provides guidance and clarifies the kinds of voluntary actions appropriate under Federal law. p. Title 29 CFR, Part 1614, "Federal Sector Equal Employment Opportunity," which requires the heads of Federal agencies to exercise personal leadership in establishing, maintaining, and carrying out a continuing affirmative employment program designed to promote equal opportunity in every aspect of Federal personnel policy and practice, including development, advancement, and treatment of employees. q. Equal Employment Opportunity Commission Management Directives, which provide instructions for developing affirmative employment/affirmative action program plans; instructions for accomplishment reports; and updates such as Equal Employment Opportunity Commission Management Directive 110 (EEO MD-110), dated 11-9-99, which provides policy, procedures and guidance relating to processing employment discrimination complaints governed by 29 CFR, Part 1614. r. P.L. 102-166, the "Civil Rights Act of 1991," which provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace. s. P.L. 101-336, the "Americans with Disabilities Act of 1990," which provides remedies for discrimination on the basis of disability by private employers holding Government contracts or subcontracts. t. P.L. 88-38, the "Equal Pay Act of 1963," which prohibits discrimination on the basis of sex in the payment of wages for similar employment. u. Executive Order 11246, "Nondiscrimination in Federal Contracts," signed 9-24-65, as amended, which governs nondiscrimination and affirmative action in employment by Government contractors. v. Title 41 CFR, Part 60, which implements the nondiscrimination and affirmative action requirements of Executive Order 11246, as amended; and the affirmative action requirements for covered veterans and handicapped individuals. 7. CONTACT. Questions regarding this Order should be referred to the Office of Civil Rights and Diversity at 202-586-2218. SPENCER ABRAHAM Secretary of Energy DOE ORGANIZATIONS TO WHICH DOE O 311.1X IS APPLICABLE Office of the Secretary Chief Information Officer Office of Civilian Radioactive Waste Management Office of Congressional and Intergovernmental Affairs Office of Counterintelligence Departmental Representative to the Defense Nuclear Facilities Safety Board Office of Economic Impact and Diversity Office of Energy Efficiency and Renewable Energy Energy Information Administration Office of Environment, Safety and Health Office of Environmental Management Office of Fossil Energy Office of General Counsel Office of Hearings and Appeals Office of Independent Oversight and Performance Assurance Office of the Inspector General Office of Intelligence Office of Management, Budget and Evaluation and Chief Financial Officer National Nuclear Security Administration Office of Nuclear Energy, Science and Technology Office of Policy and International Affairs Office of Public Affairs Office of Science Secretary of Energy Advisory Board Office of Security Office of Worker and Community Transition Albuquerque Operations Office Nevada Operations Office Chicago Operations Office Oakland Operations Office Oak Ridge Operations Office Richland Operations Office Savannah River Operations Office Idaho Operations Office Golden Field Office Rocky Flats Field Office Ohio Field Office Bonneville Power Administration Southeastern Power Administration Southwestern Power Administration Western Area Power Administration CONTRACTOR REQUIREMENTS DOCUMENT DOE O 311.1X, Equal Employment Opportunity and Diversity Program This Contractor Requirements Document (CRD) establishes requirements for Department of Energy (DOE) contractors, including National Nuclear Security Administration (NNSA) contractors. Contractors must comply with the requirements listed in this CRD, as required by federal law, and as set forth in their contracts. The contractor is responsible for compliance with the requirements of this CRD, regardless of whether the contractor performs the work through its own forces or through subcontractors. The contractor is responsible for assuring that the requirements of this CRD are incorporated into all subcontracts, regardless of tier, to the extent necessary to ensure the contractor's compliance with the requirements. DOE contractors with this CRD incorporated into their contracts must comply with the requirements of DOE O 311.1X, Equal Employment Opportunity and Diversity Program, and all other applicable rules, regulations, laws, Executive Orders, and directives. Affected contractors must also be in full compliance with their obligations under the equal opportunity clause of Executive Order 11246, "Equal Employment Opportunity," dated September 24, 1965, or be subject to sanctions authorized thereunder. This includes compliance with all provisions of Executive Order 11246 found in the implementing regulations at 41 CFR, Part 60, and of the rules, regulations, and relevant orders of the Secretary of Labor.