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April 10, 1992
§1614.102 Agency program.
(a) Each agency shall maintain a continuing affirmative program to
promote equal opportunity and to identify and eliminate discriminatory
practices and policies. In support of this program, the agency shall:
(1) Provide sufficient resources to its equal employment
opportunity program to ensure efficient and successful operation;
(2) Provide for the prompt, fair and impartial processing of
complaints in accordance with this part and the instructions contained
in the Commission's Management Directives;
(3) Conduct a continuing campaign to eradicate every form of
prejudice or discrimination from the agency's personnel policies,
practices and working conditions;
(4) Communicate the agency's equal employment opportunity policy
and program and its employment needs to all sources of job candidates
without regard to race, color, religion, sex, national, origin, age or
handicap, and solicit their recruitment assistance on a continuing
basis;
(5) Review, evaluate and control managerial and supervisory
performance in such a manner as to insure a continuing affirmative
application and vigorous enforcement of the policy of equal
opportunity, and provide orientation, training and advice to managers
and supervisors to assure their understanding and implementation of
the equal employment opportunity policy and program;
(6) Take appropriate disciplinary action against employees who
engage in discriminatory practices;
(7) Make reasonable accommodation to the religious needs of
applicants and employees when those accommodations can be made without
undue hardship on the business of the agency;
(8) Make reasonable accommodation to the known physical or mental
limitations of qualified applicants and employees with handicaps
unless the accommodation would impose an undue hardship on the
operation of the agency's program;
(9) Reassign, in accordance with 1614.203(g), nonprobationary
employees who develop physical or mental limitations that prevent them
from performing the essential functions of their positions even with
reasonable accommodation;
(10) Provide recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity;
(11) Establish a system for periodically evaluating the
effectiveness of the agency's overall equal employment opportunity
effort;
(12) Provide the maximum feasible opportunity to employees to
enhance their skills through on-the-job training, work-study programs
and other training measures so that they may perform at their highest
potential and advance in accordance with their abilities;
(13) Inform its employees and recognized labor organizations of
the affirmative equal employment opportunity policy and program and
enlist their cooperation; and
(14) Participate at the community level with other employers, with
schools and universities and with other public and private groups in
cooperative action to improve employment opportunities and community
conditions that affect employability.
(b) In order to implement its program, each agency shall:
(1) Develop the plans, procedures and regulations necessary to
carry out its program;
(2) Appraise its personnel operations at regular intervals to
assure their conformity with its program, this part 1614 and the
instructions contained in the Commission's management directives;
(3) Designate a Director of Equal Employment Opportunity (EEO
Director), EEO Officer(s), and such Special Emphasis Program Managers
(e.g., People With Disabilities Program, Federal Women's Program and
Hispanic Employment Program), clerical and administrative support as
may be necessary to carry out the functions described in this part in
all organizational units of the agency and at all agency
installations. The EEO Director shall be under the immediate
supervision of the agency head;
(4) Make written materials available to all employees and
applicants informing them of the variety of equal employment
opportunity programs and administrative and judicial remedial
procedures available to them and prominently post such written
materials in all personnel and EEO offices and throughout the
workplace;
(5) Ensure that full cooperation is provided by all agency
employees to EEO Counselors and agency EEO personnel in the processing
and resolution of pre-complaint matters and complaints within an
agency and that full cooperation is provided to the Commission in the
course of appeals, including granting the Commission routine access to
personnel records of the agency when required in connection with an
investigation; and
(6) Publicize to all employees and post at all times the names,
business telephone numbers and business addresses of the EEO
Counselors (unless the counseling function is centralized, in which
case only the telephone number and address need be publicized and
posted), a notice of the time limits and necessity of contacting a
Counselor before filing a complaint and the telephone numbers and
addresses of the EEO Director, EEO Officer(s) and Special Emphasis
Program Managers.
(c) Under each agency program, the EEO Director shall be
responsible for:
(1) Advising the head of the agency with respect to the
preparation of national and regional equal employment opportunity
plans, procedures, regulations, reports and other matters pertaining
to the policy in 1614.101 and the agency program;
(2) Evaluating from time to time the sufficiency of the total
agency program for equal employment opportunity and reporting to the
head of the agency with recommendations as to any improvement or
correction needed, including remedial or disciplinary action with
respect to managerial, supervisory or other employees who have failed
in their responsibilities;
(3) When authorized by the head of the agency, making changes in
programs and procedures designed to eliminate discriminatory practices
and to improve the agency's program for equal employment opportunity;
(4) Providing for counseling of aggrieved individuals and for the
receipt and processing of individual and class complaints of
discrimination; and
(5) Assuring that individual complaints are fairly and thoroughly
investigated and that final decisions are issued in a timely manner in
accordance with this part.
(d) Directives, instructions, forms and other Commission materials
referenced in this part may be obtained in accordance with the
provisions of 29 CFR 1610.7 of this chapter.