Current through Register Vol. 48, No. 38, September 20, 2024
a) Agencies with 1,000 or More Employees
1) Every agency employing 1,000 or more
individuals or administratively separate subdivisions of agencies with 1,000 or
more individuals shall appoint a full-time EEO Officer, subject to the approval
of the Department.
2) The EEO
Officer shall report directly to the agency's Chief Executive Officer and shall
be on the Chief Executive Officer's administrative staff.
3) When a vacancy occurs in the position of
EEO Officer, the agency's Chief Executive Officer shall immediately so notify
the Director, identifying the agency employee who shall serve as interim EEO
Officer.
A) Within 30 days of the occurrence
of such vacancy or the expiration of any extension, the Chief Executive Officer
shall nominate an individual to fill the vacancy and submit his/her resume and
other relevant materials to the Director for approval.
B) Within 15 days of receiving a nomination,
the Director shall notify the Chief Executive Officer in writing whether the
nominee is approved.
C) The
Director of Central Management Services or his/her designee shall not complete
any personnel transaction regarding the appointment of any agency EEO Officer
without written evidence of the approval of that appointment by the
Director.
D) If not approved, the
Director and the Chief Executive Officer may confer to discuss or reevaluate
the appointment, and the Chief Executive Officer shall submit another
nomination to fill the vacancy.
E)
If the Director determines that an agency has not made a concerted effort to
fill the position, the Director shall invoke the sanctions for noncompliance
provided in Section
2520.797
of this Part.
b) Agencies with Fewer Than 1,000 Employees -
Every agency employing fewer than 1,000 individuals shall designate an EEO
Officer who may serve as a full-time EEO Officer or be responsible for other
duties within the agency beyond those of EEO Officer. When a vacancy occurs in
such position, the Chief Executive Officer shall immediately so notify the
Director, and identify the employee who shall assume the duties of EEO Officer
on an interim or permanent basis.
c) Responsibilities of EEO Officers - EEO
Officers shall have the following responsibilities, in addition to those
enumerated in the Act or elsewhere in this Subpart:
1) to develop the agency's plan and goals and
objectives;
2) to assist in
identifying and solving EEO problems;
3) to design and implement internal audits
and reporting systems for measuring the effectiveness of agency programs,
indicating need for remedial action, and determining the degree to which the
agency's goals and objectives have been attained;
4) to serve as liaison between the agency and
EEO enforcement authorities;
5) to
serve as liaison between the agency and minority, women's and disability
organizations;
6) to inform
management of developments in the EEO field;
7) to regularly confer with managers,
supervisors and employees to assure that the agency's EEO policies are
observed;
8) to assist in the
evaluation of employees and job applicants so that minorities, women and
disabled persons are given equal opportunity;
9) to advise managers and supervisors if
employment practices comply with the Act;
10) to describe in the quarterly report to
the Department all internal and external complaints of discrimination against
the agency;
11) to assist in the
investigation of internal and external complaints of discrimination as
specified in Section
2520.790 of
this Part;
12) at the request of
the agency's Chief Executive Officer, to direct agency staff in taking
appropriate action to correct for discriminatory practices identified by the
Department, and to report to the Chief Executive Officer and the Department on
the progress of actions taken;
13)
in conjunction with the filing of Quarterly Reports, to submit recommendations
to the Chief Executive Officer and the Department for improvements to the
agency's plan;
14) to immediately
notify the Chief Executive Officer and the Department when unable to resolve
employment practices or conditions which have or tend to have adverse impact on
minorities, women or the disabled persons;
15) if the agency is in noncompliance, as
described in Section
2520.795,
to work with Central Management Services to develop programs to train staff in
hiring and promotional practices, and to notify the Department of such
training.
d) Protection
- An EEO Officer who performs his/her duties as prescribed in the Act and this
Part shall not be coerced, intimidated or retaliated against by the agency or
any official, employee or agent thereof as a result of such performance. An EEO
Officer who believes that he/she has been or is being so coerced, intimidated
or retaliated against, or in any other way impeded from the performance of
official duties, may immediately file a charge with the Department. Nothing
provided herein shall preclude an agency from disciplining an EEO Officer for
just cause.
