MS 653: Affirmative Action and Equal Opportunity Programs

Date: 01/19/93
Office: Equal Employment Office
Supersedes: MS 644 8/75, MS 645 8/77 MS 653 8/83


1.0	Purpose
2.0	Authorities
3.0	Scope
4.0	Policy
5.0	Definitions
6.0	Responsibilities
	6.1	The Office of the Director
		6.1.1	The Office of the Director
		6.1.2	The Manager of Equal Opportunity
		6.1.3	The Director of Human Resource Management
	6.2	American Diversity Committee
	6.3	Agency Managers
	6.4	The Director of the Peace Corps
7.0	Affirmative Action and Federal Equal Opportunity Recruitment Plans
	7.1	Overview
	7.2	Affirmative Action Planning, Implementation, and Evaluation Procedure
		7.2.1	Planning
			7.2.1.1	American Diversity Committee
		7.2.2	Implementation
			7.2.2.1	American Diversity Committee
			7.2.2.2	Manager of Equal Opportunity
			7.2.2.3	Office of Human Resource Management
			7.2.2.4	Agency Managers
		7.2.3	Evaluation
8.0	Disabled Veterans Affirmative Action Plan
	8.1	Overview
	8.2	Disabled Veterans Affirmative Action Plan Procedures
		8.2.1	Agency Plan
		8.2.2	Implementation
		8.2.3	Evaluation
9.0	Individual Discrimination Complaints
	9.1	Procedures
10.0	Effective Date

Attachments

Attachment A	29 CFR Part 1614 Federal Sector Equal Employment Opportunity
Attachment B	Peace Corps Discrimination Complaint Processing Procedures

1.0 Purpose

This Manual Section establishes overall as well as program specific affirmative action and non-discrimination in employment policy, assigns responsibilities and records procedures for implementation.

2.0 Authorities

This Manual Section is based on legal requirements for all federal agencies to establish Equal Employment Opportunity Programs (29 CFR Part 1614), with specific program requirements in the areas of disabled veterans (38 U. S. C. Section 2014, Sub-part C and 5 CFR, Part 720) and minority recruitment (22 U. S. C. Section 3905 (d) and E. O 11478.) Additional authorities include:

Section 717 of the Civil Rights Act of 1964, as amended, 42 U. S. Code 2000e-16, et seq.;
Equal Employment Opportunity Act of 1972, Public law No. 92-261, as amended;
Executive Order 11478, 34 FR 12985, August 10, 1969, Non- Discrimination in the Federal Government ;
Section 633a of the Age Discrimination in Employment Act of 1967, as amended, 29 U. S. C. 621, et seq. , which prohibits discrimination in Federal employment against employees 40 years of age or older;
Section 6( d) of the Fair Labor Standards Act of 1938, as amended, 29 U. S. C. 206( d), Equal Pay Act of 1963, which prohibits sex-based differences in wages where work performed is of equal skill, effort and responsibility;
Federal Sector Equal Employment Opportunity 29 CFR Part 1614, et seq. ;
Equal Employment Opportunity Commission Management Directive 107;
Equal Employment Opportunity Commission Management Directive 714.

3.0 Scope

This Manual Section applies to all U. S. citizen employees and/or applicants for employment with the Peace Corps, except host country or third country nationals employed or applying for employment outside of the United States. This Manual Section does not apply to Peace Corps Volunteers, Trainees or applicants for Peace Corps service.

4.0 Policy

The Peace Corps provides equal opportunity in employment for all persons; prohibits discrimination in employment because of race, color, religion, sex (including sexual harassment), national origin, age (40 years of age and older), mental and physical handicapping conditions, or marital status; and promotes the full realization of equal employment opportunity through continuing affirmative action. Recognizing that every employee can contribute to the accomplishment of its mission, the Peace Corps has never condoned discrimination on the basis of sexual orientation.

The Peace Corps is committed to:

Providing equal employment opportunity for all employees and applicants for employment and prohibit discrimination in employment opportunities.
Ensuring equal employment opportunity applies to and is an integral part of every personnel policy and practice in the employment, development, advancement, treatment and retention of all employees and applicants for employment of the Peace Corps.
Providing for the prompt, fair and impartial consideration of all complaints involving issues of discrimination from Peace Corps Employees or prospective employees.
Upholding the intent of the Federal code of conduct and ethics for maintaining high standards of honesty, integrity, and impartiality and ensure that all employees are aware that sexual harassment violates those principles, and such behavior will not be tolerated in the Peace Corps workplace.
Providing for affirmative employment and diversity where there is an imbalance or absence of groups in the workforce EEO profile.

This policy will be instituted through agency affirmative action planning, implementation and evaluation; an agency Disabled Veterans Affirmative Action Program; an agency Federal Women's Program; and an agency Hispanic Employment Program.

Each manager and supervisor will be held accountable for improvements within their span of control.

5.0 Definitions

Definitions given here are intended to clarify the language of this Manual Section and are intended for purposes of this Manual Section only.

Disabled Veteran - a veteran who is entitled to compensation under the laws administered by the Veterans Administration, or a person who was discharged or released from active duty because of a service-connected disability. (Ref: 38 U. S. C.§ 2O11[ 3])
Hispanic American - a person of Mexican, Puerto Rican, Cuban, Central American, South American or other Spanish culture or origin regardless of race. (REF: OMB Circular No. 46 revised, May 12, 1977).

6.0 Responsibilities

6.1 The Office of the Director

6.1.1 The Office of the Director

The Office of the Director is charged with the responsibility of administering the agency's equal employment opportunity programs in accordance with applicable laws and regulations.

6.1.2 The Manager of Equal Opportunity

The Manager of Equal Opportunity, under the direction of the Office of the Director, is responsible for planning, implementing, and evaluating affirmative action within the agency. He/she also develops agency policy and manages the agency's affirmative action program, and is responsible for monitoring agency personnel staffing programs, the FEORP, and other agency activities designed to promote equality of opportunity through affirmative action.

6.1.3 The Director of Human Resource Management

The Director of Human Resource Management (M/HRM) has prime responsibility for establishing and implementing the Disabled Veteran's Affirmative Action Program and is the agency's liaison with the U. S. Office of Human Resource Management (OPM) to provide technical assistance and guidance for monitoring and evaluating Peace Corps activities in that program. The Director of Human Resource Management is also responsible for preparing the agency's Federal Equal Opportunity Recruitment Program (FEORP) plan.

6.2 American Diversity Committee

The committee will assume responsibilities for planning and implementing special emphasis programs as well as for affirmative action planning. Special emphasis programs include the Federal Women's Program and the Hispanic Employment Program.

6.3 Agency Managers

Agency managers are responsible for ensuring that the policies and procedure set forth in this Manual Section are adhered to in their respective management areas by working in coordination with the following:

The American Diversity Committee to ensure affirmative action for women and Hispanics.
The Director of Human Resource Management to ensure affirmative action for disabled veterans
The Manager of Equal Opportunity to plan, develop, implement, and evaluate agency systems for effectuating overall affirmative action.

Also to administer the agency's equal employment opportunity programs in accordance with all applicable laws and regulations.

6.4. The Director of the Peace Corps

The Director of the Peace Corps is responsible for making final determinations concerning proposed personnel actions which are questioned as not being compatible with reasonable progress as outlined in the Affirmative Action Plan.

7.0 Affirmative Action and Federal Equal Opportunity Recruitment Plans

7.1 Overview

Under the direction of the Associate Director for Management, the Equal Employment Opportunity Unit in coordination with the Office of Human Resource Management and agency managers, prepares the agency's Affirmative Action Program Plan (AAP) and the required workforce analysis for submission to the Equal Employment Opportunity Commission.

Under the direction of the Associate Director for Management, the Office of Human Resource Management (M/HRM) in coordination with the Equal Employment Opportunity Unit and agency managers, prepares the Peace Corps Federal Equal Opportunity Recruitment Program Plan, based on goals set in the Affirmative Action Program Plan.

7.2 Affirmative Action Planning, Implementation, and Evaluation
Procedure

7.2.1 Planning

7.2.1.1 American Diversity Committee

Affirmative action goals will be developed by the American Diversity Committee in consultation with agency managers.

The Committee, in coordination with agency managers, will assign goals to each Peace Corps office, region, and service center based on its representation and the potential for affirmative action recruitment and career development. This information will be provided to the Peace Corps Employees Union.

The Affirmative Action Program and FEORP plans will be provided to each office director for comment at least one week prior to their submission to the Director of Peace Corps for approval.

7.2.2 Implementation

7.2.2.1 American Diversity Committee

The American Diversity Committee, under the direction of the Manager of Equal Opportunity and in coordination with agency managers, will develop affirmative action goals.

7.2.2.2 Manager of Equal Opportunity

The Manager of Equal Opportunity (D/EEO), after appropriate coordination, distributes employment goals to Peace Corps offices, based on each office's representation in each occupational series covered by the Affirmative Action Program. The Manager will issue quarterly statement identifying the percentage of women and members of the various groups in the Peace Corps by grade level. It will include a summary of progress toward meeting goals established by the Affirmative Action Program. This information will be provided to the Peace Corps Employees Union.

7.2.2.3 Office of Human Resource Management

The Peace Corps Office of Human Resource Management will:

Advise agency managers on recruitment, selection, and position management programs that could enhance career opportunities for all employees.
Provide the Manager of Equal Opportunity with personnel data necessary for the analyses required in developing the AAP.
Conduct periodic reviews of Peace Corps personnel policies and programs to determine targets for improvement of equality of opportunity.
Review each proposed position and each personnel recruit, reassignment, or promotion action to ensure that the action is compatible with reasonable progress toward reaching affirmative action and FEORP goals.

If a proposed personnel or position action is not considered compatible with reasonable progress, the Office of Human Resource Management (M/HRM), through the Associate Director for Management will return the action to the selecting official, who must prepare a justification for the action's priority over affirmative action goals.

After receiving the justification, the Associate Director for Management may return it to the Office of Human Resource Management (M/HRM) for instructions for action or refer it to the Director of the Peace Corps for final determination. The decision of the Peace Corps Director is the agency's final determination.

7.2.2.4 Agency Managers

Agency managers assist in developing AAP goals and FEORP objectives, and ensure that personnel actions within their respective office are compatible with agency AAP goals and FEORP objectives.

7.2.3 Evaluation

Affirmative Action plans and accomplishments will be evaluated by the Manager of Equal Opportunity, with support from agency managers and the Office of Human Resource Management (M/HRM).

The Manager of Equal Opportunity will report quarterly to the Director of the Peace Corps, specifying those offices not in compliance with the AAP.

The Office of Human Resource Management (M/HRM) will prepare quarterly reports for the Manager of Equal Opportunity on progress toward goals in the FEORP.

The Office of Human Resource Management will conduct periodic reviews of position management, staffing, classification, organization, and development to determine where greater potential exists to improve the equal opportunity posture of the Peace Corps.

8.0 Disabled Veterans Affirmative Action Plan

8.1 Overview

Under the direction of the Associate Director for Management, the Director of Human Resource Management, in coordination with agency managers prepares the Agency's Disabled Veterans Affirmative Action Plan.

8.2 Disabled Veterans Affirmative Action Plan Procedures

8.2.1 Agency Plan

The Agency plan must be developed on a yearly basis and contain the following;

A statement of Peace Corps' policy with regard to the employment and advancement of disabled veterans, especially those who are 30 percent or more disabled.
The name and title of the official assigned overall program leadership for the action plan.
An assessment of the current status of disabled veteran employment, with emphasis on those veterans who are 30 percent or more disabled.
A description of how the Peace Corps will provide or improve internal advancement opportunities for disabled veterans.
A description of how the Peace Corps will inform its field offices, on a regular basis, of their responsibilities for employing and advancing disabled veterans.
A description of how Peace Corps will monitor, review, and evaluate its planned efforts, including implementation at field offices during the period covered by the plan.

8.2.2 Implementation

An accomplishment report must be submitted to the U. S. Office of Human Resource Management annually and must contain the following:

Methods used to recruit and employ disabled veterans, especially those who are 30 percent or more disabled.
Methods used to provide or improve internal advancement opportunities for disabled veterans.
A description of how the activities of headquarters and field offices were monitored, reviewed, and evaluated.
An explanation of Peace Corps' progress in implementing its Disabled Veterans Affirmative Action Program plan during the fiscal year.

8.2.3 Evaluation

The Director of Human Resource Management (M/HRM) must certify to the U. S. Office of Human Resource Management by December 1 of each year that Peace Corps has an up-to-date plan.

9.0 Individual Discrimination Complaints

9.1 Procedures

Employees or applicants for employment with the Peace Corps who believe that they have been treated differently with regard to an employment opportunity because of race, color, religion, sex (including sexual harassment), national origin, age, physical or mental handicapping conditions, or retaliation or reprisal should contact an Equal Employment Opportunity Counselor within 45 days of the occurrence or the date they receive notification of the action.

The regulations which govern the processing of discrimination complaints filed against the Peace Corps can be found in Title 29, Code of Federal Regulations, Part 1614, and any amendment thereto. A copy of 29 CFR Part 1614 constitutes Attachment A of this Manual Section.

Attachment B is a brief summary of Peace Corps' discrimination complaint processing procedure under 29 CFR Part 1614.

10.0 Effective Date

This Manual Section shall take effect on the date of issuance.