CI 'SS.^Eyix^ ,„p WOS PH r l U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration . :: ... ; ' ■ . ■ ■ . ■.,.'..■■■■■■.:■..■".. ilA # & -^^ia or^ c>. ■■p. 40 G3 *t9* 'b % ■& pk %?i : , wMk .\^-/-^^/y' i: ' : ' pf equal employment opportunity Equal Employment Opportunity is a vital concept within the National Oceanic and Atmospheric Administration. We urge affirmative action in our daily work to assure that every employee or applicant for employment will be considered for job oppor- tunities based upon merit and fitness, without regard to race, color, sex, religion, age, or national origin. The directors of NOAA's major organizational units have responsibility for the development and implementation of Equal Employment Opportunity affirmative action programs for their respective activities. Action plans can be effective only if there is a personal commitment of managers, supervisors and indeed all employees to assure the application of EEO principles. It is the responsibility of manage- ment to encourage that commitment, and when necessary take measures that will achieve our EEO objectives. When applicants or employees believe that they have been denied employment, opportunity for train- ing, promotions, etc., for any of the reasons outlined above, they can avail themselves of the "Discrimi- nation Complaint System." Applicants or employees should use the complaint system without fear of reprisal. With the help of all members of the NOAA family, we will reach our goal of equal opportunity for all, and assure that full use is made of the talents of all our employees. I know that every manager and employee will join with me in our quest for full and equal treatment for each person in NOAA. Robert M. White NOAA Administrator On March 24, 1972, a legislative milestone was reached in the Nation's quest for full and equal treat- ment of all its citizens in seeking employment or advancement. On that date Congress passed the "Equal Employment Opportunity Act of 1972." The Act embodied and strengthened the provisions of pre- vious Presidential Executive Orders, especially E.O. 1 1478 which deals with equal opportunity within the Federal Government. In addition, Section 28 of Public Law 93-259, Amendments to the Fair Labor Standards Act (FLSA), enacted May 1, 1974, bars age discrimination in Federal employment. Section 717 (a) of the EEO Act of 1972 and Section 15 (a) of the FLSA provide that "all person- nel actions affecting employees or applicants for employment. . . . shall be made free from any discrimination based on race, color, religion, sex, age, or national origin." Also, Seetion 717 (b) and 15 (b) respectively of the two acts cited above established an enforcement authority to carry out the provisions of the Act and assigned the enforcement powers, as they pertain to actions in Federal agencies, to the U.S. Civil Service Commission. The power of enforcement granted the Civil Service Commission is the most important aspect of the legislation since it permits the Commisison to provide appropriate remedies where failure to be in compliance with the Act is found. Such remedies include reinstatement or hiring of employees with or without back pay. The Com- mission is also authorized to issue rules, regulations, orders and instructions necessary to carry out its responsibilities. Another significant aspect of the Act is that it gives the Civil Service Commission respon- sibility for annually reviewing and approving national and regional equal employment opportunity action plans for each department and agency included under the Act. Each department, agency, or unit is also re- quired to notify a complainant of the final action taken on any complaint of discrimination filed under the Act. Primary guidance for the development and imple- mentation of equal employment opportunity programs is contained in the Federal Personnel Manual, Chapter 713. Department of Commerce guidance is principally detailed in Administrative Order 202-713 and the DOC National Affirmative Equal Employment Opportunity Action Plan. NOAA guidance for equal employment opportunity has been outlined in various Administrative Letters, NOAA Circulars, and The NOAA Personnel Handbook, as well as national, regional and local affirmative action plans. o To obtain a clearer view of the NOAA equal employment opportunity program, a look at the organizational structure is necessary. There are more than 13,000 NOAA employees, performing their duties in at least 500 geographical locations through- out the 50 states. Thirty-four percent of the strength is situated in the Washington, D. C. area with the remaining 66 percent located throughout the nation and the world. Employees at locations outside the D.C. metropolitan area range in number from one to more than 1200. The organizational alignment of personnel to accomplish NOAA's varied missions has resulted in the establishment of six Major Line Component (MLC) operating units, in addition to a number of Special Staff Offices, some of which are designated as Primary Organization Elements (POE's). Chart 1 shows the NOAA organizational structure. To complement the organizational alignment of operational responsibilities, NOAA has prepared an abbreviated EEO functional chart (Chart 2). This chart depicts the interrelationship of EEO functional areas within the DOC and NOAA structures. The Secretary of Commerce has designated the Assistant Secretary for Administration as the Director of Equal Employment Opportunity and has charged him with the responsibility for developing plans, pro- cedures and regulations necessary to carry out the EEO program within the Department. The Director, in turn, has appointed a Special Assistant for Civil Rights who is charged with the responsibility for contract compliance. The Special Assistant also provides technical staff assistance to the Assistant Secretary for Administration in the investigation, adjustment, and adjudication of complaints and in the preparation of reports on the status of com- plaints. The Office of Personnel, however, is charged with providing leadership and guidance in the development and implementation of affirmative equal employment opportunity programs throughout the Department. NOAA's Administrator is responsible for assuring that EEO policies and programs of the Department are affirmatively implemented within NOAA in all aspects of employment and personnel operations. He must also provide monetary and personnel resources for conducting this program. The NOAA Personnel Division is assigned duties comparable to the Depart- mental Office of Personnel. The Administrator has, however, established a NOAA Equal Employment Opportunity Committee comprised of two represen- tatives from each of the MLC organizations, as well as representatives from the Office of Administration and other designated staff offices. This group is an advisory body that assists the Administrator in defining EEO problems and establishing priorities for EEO program improvement. Other significant assistance is gained from employees designated as EEO Counselors. These counselors perform their counseling tasks on a part-time basis and are under Barbara Gainey, NO A A EEO Officer NO A A EEO Committee members are: (first row) Linda Sadler, Dorothy Brown, Karen Brasher, Celso Barrientos (Chairperson), Anita Daymude, Joyce Thomas, Robert Wo/in; (second row) Lou Rubin, Kenn Burton (Vice Chairperson), William Berry, Steve Martof, Robert B levins, Peter Karadimos, and Landry Williams. Not pictured are: Alice Hinson (Secretary), Floyd Cope/and, Bob Massey, Denton Moore, Mary Breeskin, Leo Craig, Barbara Gainey (EEO Officer), and Faye Abbott (Recording Secretary). NO A A Headquarters EEO Committee members are: (first row) Paul Paradis, Linda Sadler (Chairperson), Jack Willis, Mickey Kluth, Sandy Watson, and Beverly Carter; (second row) George Younger, Barbara Gainey (EEO Officer), John Eberly, Glen Garte, and Leo Craig. Not pictured is: Milt Johnson. National Weather Service EEO Committee members are: (first row) Duke Finn /'can, Peter Pickard, Celso Barrientos, Paul Go land; (second row) Roland Chu (Secretary), David Eddleman, Joe Cardona, Janet Maltbie, Mary Breeskin (Vice Chairperson), Susan Zevin, Patricia Shuck (Recording Secretary), Armando Panariello, Charles Chow; (third row) Doug Green, Ron Hilton, Paul Polger, Robert Blevins (Chairperson), and James Ellis. Not pictured are: Chris Davis and Elaine Duncan. National Environmental Satellite Service EEO Committee members are: (front row) Lou Rubin (Chairperson), Rusty Albertson, William Berry (Vice Chairperson), Anthony Loriso, Mary /in Varnadore; (second row) Clifford Spohn (Deputy Director, NESS), Bill Barnes, Marcus Shellman, Jesse Rodriguez, Merle Nelson, Earl Taylor (Chairperson, Wallops Station). Not pictured are: Mary Wyvill (Secretary), Joe Fort una, Betsy Campana, Inez Burden, and Jean Hyatt. National Ocean Survey EEO Committee members are: (first row) Karin Baker, Madeline White (Secretary), Dorothy Perry (Alternate Secretary); (second row) Landry Williams (Vice Chairperson), Dave Arcos, Morris Jones; (third row) Worth in gton Ross, Steve Martof (Chairperson), Lew Boger, Sam Anderson, Ed Snead, and Ron Gross. Not pictured are: Jerry Firtag, Robert Smith, George Dorsey, and Jim Williams. National Marine Fisheries Service EEO Committee members are: (front row) Jody Simms, Deborah Streeter, Bob Massey (Chairperson); (second row) Einar Wold, Jim Rasekh, Donald Coleman, Mary Shaffer, Denny Moore (Vice Chairperson), and Charley Coss. Not pictured are: Dorothy Keller (Secretary), Tom Carver, Jim Haney, Carol Jordan, Ed Pastula, Bob Siege/, and Jack Wise. Office of Administration EEO Committee members are: (first row) T.P. Gleiter (Assistant Administrator for Administration), Rosetta Beuerlein, Star Reckert, Carole Taylor, Joan Robinson, Anita Daymude, Judy Harrington; (second row) Robert Wo /in (Vice Chairperson), DonnyJiron (Assistant Secretary), Joyce Thomas, The/ma Aiken (Secretary), Jeanette Waters, Peter Karadimos (Chairperson), Scott Page, and Joseph Dean. Environmental Data Service EEO Committee members are: (first row) Don McGuire, Bob Gelfeld, Doris Stewart, Karen Brasher, Gody Rivera; (second row) Bettie Litt/ejohn, Jerry Damon, Cora S/ade, Kenn Burton (Chairperson) , Cat Anderson, and Evelyn Liddef. Not pictured are: James Almazan, Bob Lockerman, and Ann Tzarnas. . . J **- Environmental Research Laboratories EEO Committee members are: (front row) Art Vigil, Betty Perry, Med a Moore, Bette Goehringer, Linda Smith, Ginny Wallick, Martha Lindstrom; (second row) Robert Krinks, Carl Howard, Floyd Cope/and (Chairperson), Betty Chavez, and Robert Frost. Not pictured is: Joe Krieg (Vice Chairperson). DOC Director, Equal Employment Opportunity Develops plans, procedures and regulations necessary to carry out the Department of Commerce EEO Program, CHART 2 Director of Personnel Provides leadership and guidance in the development and carrying out of affirmative EEO programs throughout the Department. NOAA Administrator Provides resources for implementing the EEO program. Assures affirm- ative implementation of EEO pol- icies in all aspects of employment and personnel operations. EEO Officer Provides for the designation and training of EEO counselors. Partic- ipates in the consideration of formal complaints of discrimina- tion. Spec. Ass't Civil Rights Monitors contract compliance and actions filed under the discrimin- ation complaint system. r EEO Committee Advises the Administrator on NOAA EEO progress and helps to identify problem areas within the agency. Personnel Officer Provides guidance in the develop- ment of NOAA programs to affirm- atively accomplish established EEO goals and objectives. the guidance and direction of the NOAA EEO Officer. Major responsibility, however, for the imple- mentation and ultimate success of the NOAA EEO Program is vested in the Major Line Component/ Primary Organization Element executives, managers and supervisiors. In accordance with general guidelines furnished by the Department of Commerce, NOAA has developed EEO affirmative action plans at various organizational levels in order to implement and carry out its EEO mandate. In view of the non-uniform organizational structures of the MLC's, based on their varied mis- sions and physical dispersion, the number of plans as well as employee coverage will vary widely. The NOAA National EEO Affirmative Action Plan is comprised of four major parts: Part A - Introduction: This part states NOAA's EEO policy and explains the agency's organization for carrying out its EEO Program. It specif ies the per- sonnel and resources alloted to carry out the Program and includes a certification of qualifications of principal EEO officials. It also indicates the extent of expected involvement of line and staff managers and supervisors, unions and other employee groups and employees. Part B - EEO Accomplishments of Last Year's Plan. Part C - Assessment of Specific EEO Problem Areas based on statistical analysis and overall evalua- tion of NOAA's EEO posture. Part D - Plan of Action for the coming year: This part flows from the Assessment Report and is divided into objectives and action items which: address the specific problems identified in the Assessment Report, name responsible officials, and establish tar- get dates. Both Parts C and D are organized under the following eight headings: • Organization and Resources • Discrimination Complaints • Recruitment • Full Utilization of Skills • Upward Mobility • Supervisory and Management Commitment • Community Outreach • Program Evaluation If, in conducting the assessment, no priority problems are identified under any of the above headings, with the exception of Discrimination Com- plaints and Upward Mobility, no action item will appear under those particular areas in Part D. How- ever, NOAA must provide objectives and action items to insure timely and adequate processing of com- plaints of discrimination and to provide upward mobility for lower level employees. NOAA Headquarters, the Office of Administration and each MLC are required to develop national plans for their organizations. MLC's which have a regional organizational structure must prepare regional plans to address specific EEO problems in their geographic areas of responsibility. Local plans of action are also required for areas in which an MLC has 50 or more employees. NOAA's Equal Employment Opportunity Officer is responsible for administering the discrimination complaint system. The system is made up essentially of three parts: precomplaint, formal complaint, and appeal. Any employee who feels he or she has been discriminated against on the basis of race, color, religion, sex, age, or national origin has the right to file a discrimination complaint. The steps involved in filing such a complaint are outlined in the following paragraphs. Precomplaint stage. As the first step in seeking resolution of an alleged discriminatory act, the aggrieved person must discuss the problem with an EEO Counselor within 30 calendar days of the date that the discriminatory act occurred. The EEO Counselor then has 21 calendar days to: (I) make an inquiry into the matter, (2) counsel the aggrieved person concerning the merits of the matter, and (3) try to resolve the matter on an in- formal basis. If at the end of 21 days, the matter has not been resolved to the satisfaction of the aggrieved person, the EEO Counselor will inform the person, in writing, of his or her right to file a formal complaint of discrimination. During the precomplaint stage the EEO Counselor will not reveal the identity of the aggrieved person except when authorized to do so by him or her. Formal complaint stage. A formal complaint must be submitted, in writing, within 1 5 calendar days after the complaint's final interview with the EEO Counselor. The complaint should be sent to NOAA's EEO Officer, Attn: Ax11, 6010 Executive Boulevard, Rockville, Maryland, 20852. Other appropriate officials who may also receive complaints are: NOAA's Federal Women's Program Coordinator; the Director of Equal Employ- ment Opportunity, Department of Commerce; heads of Major Line Components; Directors of Regions, Labs and Centers; and the NOAA Administrator. Complaints filed with any of these officials would be forwarded to the NOAA EEO Officer for immediate processing. The EEO Officer will then acknowledge receipt of the complaint and review it to determine whether it should be rejected or accepted. A complaint may be rejected only for the following reasons: (1) it was not timely filed; (2) the issues in the complaint are not covered under Section 713.212 of the Federal Person- nel Manual; (3) it sets forth identical matters as contained in a previous complaint, filed by the same complainant, which is pending in the agency or has been decided by the agency. A complaint may be can- celed because of failure of the complainant to prosecute the complaint. Once a complaint is accepted, the EEO Officer will request from the Director of EEO, Department of Commerce, an investigator who will conduct an im- partial investigation into the matter of the alleged dis- crimination. After the investigation is completed, the complainant will receive a copy of the investigative file to review, and the EEO Officer will again provide an opportunity for an informal adjustment of the complaint. If an adjustment cannot be made or the complaint otherwise resolved, the EEO Officer will notify the complainant of the proposed disposition of the complaint. The EEO Officer will also advise the complainant of his or her right to a hearing and subsequent decision by the Director of EEO, Department of Commerce, or to a decision by that official without a hearing. The complainant must request this further action in writing within 15 calendar days of the re- ceipt of the proposed disposition. If the complainant requests a hearing, a complaints examiner from an agency other than Commerce, will conduct the hearing. At the hearing the complainant may present witnesses and other evidence in support of his or her claim of discrimination. A verbatim record of the hearing will be made. After a careful re- view of the hearing record and other pertinent files, the complaints examiner will transmit to the Director of EEO, Department of Commerce, his or her findings and analysis of the matter together with a recommended decision. The complaints examiner will notify the complainant of the date on which this was done. The Director of EEO, Department of Commerce, will then make a final decision and send to the complainant a copy of the complaints examiner's report along with the decision. The com- plaint should be resolved within 180 calendar days after it was filed. Appeal stage. The complainant may appeal this decision in writing, to the Appeals Review Board, U.S. Civil Service Commission, Washington, D. C, 20415, within 1 5 calendar days of the receipt of the final agency decision. A complainant may also file a civil action in U.S. District Court within 30 days after receipt of the Appeals Review Board's decision, or 180 days after his or her appeal to the Board if no final decision has been rendered. ov^o PE ™f ™}EUNIVERSITY LIBRARIES ftU.S. GOVERNMENT PRINTING OFFICE: 1976-0-215-583