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sary in carrying out its responsibilities ministration and the devotion of adeunder this subpart.

quate resources to the program. (b) The Office will report to Con.

(c) Problem Analysis. gress on the implementation and oper (1) Annually, OPM will provide apation of the program on a Govern

propriate data on the employment of mentwide basis not later than January

disabled veterans to each agency par31 of each year, as required by law.

ticipating in the Central Personnel Such reports will include assessments

Data File (CPDF). These data will be of agencies progress, or lack of

taken from CPDF. For DVAAP purprogress, in meeting the objectives of

poses, CPDF data are considered to be the program.

the offical record of the status of dis

abled veteran employment within each Subpart C-Disabled Veterans

participating agency. Each participatAffirmative Action Program

ing agency is responsible for assuring

that such records are timely, accurate, AUTHORITY: 5 U.S.C. 7201; 42 U.S.C. 2000e;

and complete. 38 U.S.C. 101(2), 2011(3), 2014; 5 U.S.C. 3112;

(2) CPDF data must be analyzed by 29 U.S.C. 791(b).

participating agencies to identify probSOURCE: 48 FR 193, Jan. 4, 1983, unless

lem areas and deficiencies in the emotherwise noted.

ployment and advancement of dis8 720.301 Purpose and authority.

abled veterans. (OPM will establish

with each agency not participating in This subpart sets forth requirements for agency disabled veteran affirma

CPDF, the nature and extent of data tive action programs (DVAAPs) de

to be used in identifying problems and signed to promote Federal employ

deficiencies.) Based on this analysis, ment and advancement opportunities

agencies shall develop methods to imfor qualified disabled veterans. The

prove the recruitment, hiring, placeregulations in this subpart are pre

ment, and advancement of disabled scribed pursuant to responsibilities as

veterans, or revise or redirect existing signed to the Office of Personnel Man

methods, as necessary. These methods agement (OPM) under section 403 of

must then be translated into action the Vietnam Era Veterans Readjust

items. ment Assistance Act of 1974, as amended (38 U.S.C. 2014), and section

8 720.304 Agency plan. 307 of the Civil Service Reform Act of (a) Plan Development. As part of the 1978 (5 U.S.C. 3112).

affirmative action plan it prepares

pursuant to section 501(b) of the Re8 720.302 Definition.

habilitation Act of 1973 (29 U.S.C. 791 As used in this subpart, the terms (b)) (“Section 501(b) Plan"), each De“veteran” and “disabled veteran” have partment, agency, or instrumentality the meanings given to these terms in in the executive branch must have an title 38 of the United States Code. up-to-date affirmative action plan for

the employment and advancement of 8 720.303 Agency programs.

disabled veterans. (a) Continuing Programs. Each De (1) Each agency must review its plan partment, agency, and instrumentality on an annual basis, together with its in the executive branch, including the accomplishments for the previous U.S. Postal Service and the Postal fiscal year, updated employment data, Rate Commission, shall conduct a con and any changes in agency mission or tinuing affirmative program for the structure, and update the plan as necrecruitment, hiring, placement, and essary. Agency operating components advancement of disabled veterans. and field installations required to de

(b) Program Responsibility. The velop separate plans under paragraph head of each agency shall assign over (b) of this section, below, must perall program responsibility to an appro- form the same type of annual review priate agency official. The official so and update of their plans. designated shall be at a high enough (2) Plans shall cover a time period of level to ensure effective program ad not less than one year and may cover a

longer period if concurrent with the those veterans who are 30 percent or agency's Section 501(b) Plan. Each more disabled. plan must specify the period of time it (4) A description of recruiting methcovers.

ods which will be used to seek out dis(3) Initial plans for fiscal year 1983

abled veteran applicants, including required under this subpart must be

special steps to be taken to recruit vetdeveloped by January 30, 1983 and

erans who are 30 percent or more dismust be in effect on that day.

abled. (b) Plan Coverage.

(5) A description of how the agency (1) Each agency must have an agen

will provide or improve internal adcywide plan covering all of its operat.. ing components and field installations.

vancement opportunities for disabled Agencywide plans shall include in

veterans. structions assigning specific responsi

(6) A description of how the agency bilities on affirmative actions to be

will inform its operating components taken by the agency's various operat

and field installations, on a regular ing components and field installations basis, of their responsibilities for emto promote the employment and ad- ploying and advancing disabled vetervancement of disabled veterans. OPM ans. must be informed when headquarters (7) A description of how the agency offices require plans at the field or in- will monitor, review, and evaluate its stallation level.

planned efforts, including implemen(2) Agency operating components tation at operating component and and field installations must have a field installation levels during the copy of the plan covering them, and

period covered by the plan. must implement their responsibilities under it. OPM may require operating 8720.305 Agency accomplishment reports. components and field installations to

(a) Not later than December 1 of develop separate plans in accordance

each year, agencies must submit an with program guidance and/or instructions.

annual accomplishment report on (c) Plan Submission. Affirmative

their disabled veterans affirmative action plans developed under this sec

action program to the Office of Pertion shall be submitted to OPM upon

sonnel Management, covering the prerequest. The Office of Personnel Man

vious fiscal year. agement will review a selection of (b) Agency annual accomplishment agency plans each fiscal year.

reports must describe: (d) Plan Certification. Each agency (1) Methods used to recruit and must certify to OPM by December 1 of employ disabled veterans, especially each year that it has an up-to-date those who are 30 percent or more displan as required by this section. This abled. certification must indicate the date (2) Methods used to provide or imthe agency's most recent plan was ef

prove internal advancement opportufective or was last amended.

nities for disabled veterans. (e) Plan Content. Disabled veteran

(3) A description of how the activi. affirmative action plans shall, at a

ties of major operating components minimum, contain:

and field installations were monitored, (1) A statement of the agency's policy with regard to the employment

reviewed, and evaluated. and advancement of disabled veterans,

(4) An explanation of the agency's especially those who are 30 percent or

progress in implementing its affirmamore disabled.

tive action plan during the fiscal year. (2) The name and title of the official

Where progress has not been shown, assigned overall responsibility for de

the report will cite reasons for the velopment and implementation of the lack of progress, along with specific action plan.

plans for overcoming cited obstacles to (3) An assessment of the current progress. status of disabled veteran employment within the agency, with emphasis on

except when required by statute, or on the basis of marital status

(b) In adverse actions and termination of probationers. An agency may not take an adverse action against an employee covered by part 752 of this chapter, not effect the termination of a probationer under part 315 of this chapter, (1) for political reasons, except when required by statute, or (2) because of marital status. (5 U.S.C. 2301, 2302, 7202, 7203, 7204) (44 FR 48149, Aug. 17, 1979)

$ 720.306 Responsibilities of The Office of

Personnel Management (a) Program Review. OPM will monitor agency program implementation through review of agency plans, direct agency contact, review of employment data, and through other appropriate means. As it deems appropriate, OPM will conduct onsite evaluations of program effectiveness, both at agency headquarters and at field installations or operating components.

(b) Technical Assistance. The Office of Personnel Management will provide technical assistance, guidance, instructions, data, and other information as appropriate to supplement and support agency programs for disabled veterans, through the Federal Personnel Manual (FPM).

(c) Semiannual Reports. As provided by 38 U.S.C. 2014(d), OPM will, on at least a semiannual basis, publish reports on Government-wide progress in implementing affirmative action programs for disabled veterans.

(d) Report to Congress. As required by 38 U.S.C. 2014(e), OPM will report to Congress each year on the implementation and progress of the program. These reports will include specific assessments of agency progress or lack of progress in meeting the objectives of the program.

APPENDIX-GUIDELINES FOR THE DEVEL

OPMENT OF A FEDERAL RECRUITMENT
PROGRAM TO IMPLEMENT 5 U.S.C.
SECTION 7201, AS AMENDED 1

I. Background Information. A. In 1964 the Congress adopted a basic anti-discrimination policy for Federal employment, stating:

It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex or national orig

In 1978, Congress reaffirmed and amended this policy as part of the Civil Service Reform Act of 1978 (Sec. 310 of Pub. L. 95454], requiring immediate development of a recruitment program designed to eliminate underrepresentation of minority groups in specific Federal job categories. Section 310 directs the Equal Employment Opportunity Commission:

1. To establish Guidelines proposed to be used for a program designed to eliminate such underrepresentation;

2. To make, in consultation with OPM, initial determinations of underrepresentation which are proposed to be used in this program; and

3. To transmit the determinations made under (2) above to the Executive Agencies, the Office of Personnel Management and the Congress, within 60 days of enactment.

8 720.307 Interagency report clearance.

The reports contained in this regulation have been cleared in accordance with FPMR 101-11.11 and assigned interagency report control number 0305-OPM-AN.

Subparts D-1-[Reserved]

Subpart 1—Equal Opportunity With

out Regard to Politics or Marital

Status 8 720.901 Equal opportunity without

regard to politics or marital status. (a) In appointments and position changes. In determining the merit and fitness of a person for competitive appointment or appointment by noncom petitive action to a position in the competitive service, an appointing officer shall not discriminate on the basis of the person's political affiliations,

This Section originally was Section 701(b) (2nd Proviso) of the Civil Rights Act of 1964 (Pub. L. 88-352, July 2, 1964), codified as 5 U.S.C. 7151. Section 7151 was further amended by Section 310 of the Civil Service Reform Act of 1978. This Act also redesignated Section 7151 as Section 7201, effective January 11, 1979. (Sec. 703(a)(1) of the Act.)

2 Ibid.

The Office of Personnel Management (OPM)' is directed by this amendment:

1. To issue regulations to implement a program under EEOC Guidelines within 180 days after enactment, which shall provide that Executive agencies conduct continuing recruitment programs to carry out the antidiscrimination policy in a manner designed to eliminate underrepresentation in identified categories of civil service;

2. To provide continuing assistance to Federal agencies in carrying out such programs;

3. To conduct a continuing program of evaluation and oversight to determine the effectiveness of such programs;

4. To establish occupational, professional and other groupings within which appropriate recruitment will occur, based upon the determinations of underrepresentation pursuant to these Guidelines; and

5. To report annually to the Congress on this program, not later than January 31 of each year.

Congress further directed that the recruitment program must be administered consistent with provisions of Reorganization Plan No. 1 of 1978.

B. In framing these Guidelines and making its initial determinations of underrepresentation, the Equal Employment Opportunity Commission (Commission) is acting pursuant to its obligations and authority under 5 U.S.C. 7201, as amended; Section 717 of title VII of the Civil Rights Act of 1964, as amended; Reorganization Plan No. 1 of 1978 (issued pursuant to 5 U.S.C. 901 et seq.) and Executive Order 12067, issued under this Plan (43 FR 28967, June 30, 1978). This Commission must develop and/or ensure the development of uniform, coherent and effective standards for administration and enforcement of all Federal anti-discrimination and equal employment opportunity laws, policies and programs, and to ensure the elimination of duplication and inconsistency in such programs.

C. A review of the legislative history of Federal equal employment opportunity policy provides further guidance on the scope and nature of determinations and guidelines to be issued for this program.

The basic policy statement on Federal equal employment policy enacted by the Congress in 1964 (5 U.S.C. 7151, redesignated as section 7201) gave the President authority for implementation. Executive Order 11246 (1966), expanded and supersed

ed by Executive Order 11478 (1969) with respect to Federal employment, required Federal agencies to develop affirmative action programs designed to eliminate discrimination and assure equal employment opportunity.

In 1972, Congress found that serious discrimination persisted in Federal employment. It found that minorities and women were significantly absent at higher levels in Federal employment, and severely underrepresented in some Federal agencies and in some geographic areas where they constituted significant proportions of the population. After a detailed review of Federal employment practices and statistics, the Congress concluded that:

The disproportionate distribution of minorities and women throughout the Federal bureaucracy and their exclusion from higher level policy-making and supervisory positions indicates the government's failure to pursue its policy of equal employment opportunity.s

Congress found that this exclusion resulted from overt and "systemic” discriminatory practices.

These findings, among others, led Congress to extend title VII coverage to Federal employment in Section 717 of the Equal Employment Opportunity Act of 1972.

The Civil Service Reform Act of 1978 clearly states, for the first time, that "it is the policy of the United States * * * to provide * * * a Federal workforce reflective of the Nation's diversity * * *" 6 The Act estabhishes in law as the first merit principle that recruitment should be designed to achieve a Federal workforce from “all segments of society." Among the personnel practices prohibited by the Act is discrimination prohibited under title VII of the Civil Rights Act of 1964, as amended.? Therefore, the Civil Service Reform Act and its directive for a special recruitment program clearly unite requirements for basic Federal personnel policy with requirements for Federal equal employment policy.

It is clear from the legislative history of Federal equal employment policy that the legal standards of title VII must be applied to Federal employment. Thus, guidelines for a recruitment program designed to eliminate underrepresentation in Federal agency employment must be developed consistent

3 This Office was created by Reorganization Plan No. 2, issued pursuant to 5 U.S.C. 901 et seq. It will assume personnel management functions of the present Office of Personnel Management on January 1, 1979.

Conference Report on Civil Service Reform Act of 1978, No. 95-1272, p. 145.

5 Legislative History of the Equal Employment Opportunity Act of 1972, p. 83. See pp. 82-86 and 421-425 for Congressional Findings.

6 Civil Service Reform Act of 1978, Section 3.

Section 101(a) of the Act, 5 U.S.C. 2301(b)(1) and 2302(b)(1)(A), as amended.

with the framework of affirmative action programs.

D. Guided by the review of the legislative history, and the responsibilities and authorities cited in I(B) of this appendix, the Commission is issuing these Guidelines to provide a framework for development of recruitment program regulations by OPM. The Commission may later provide more detailed guidance, through consultation with OPM, designed to achieve an overall Federal equal employment program which is consistent with, and which effectively implements title VII requirements.

II. Initial Determinations of Underrepresentation. A. Pursuant to Section 7201, underrepresentation exists when the percentages of minority and female Federal employees in specific grades are less than their percentages in the civilian labor force. “Mi. nority” refers only to those groups classified as “minority" for the purpose of data collection by the Commission and OPM in fur.

therance of Federal equal employment opportunity policies. The civilian labor force includes all persons 16 years of age and over except the armed forces, who are employed or seeking employment. Such a determination of underrepresentation is designated in these Guidelines as "below the Section 7201 level".

B. The Commission has examined existing data on Federal employment and the civil. ian labor force and has made initial determinations of underrepresentation of groups by race, national origin and sex in specific grades of the major Federal pay systems, under the legal authorities cited in I(B), of this appendix.

C. The Table which follows shows the grades at which the percentage of each group in the Federal workforce falls below its percentage in the civilian labor force. The table covers four major Federal pay systems which account for more than 95 percent of Federal employees, excluding the Postal Service. 8

Civilian Labor Force and Federal Employment Grades at Which Minorities and Women Are

Below the 7201 Level, by Selected Pay Systems, and by Sex, Race, and National Origin—1977

[merged small][subsumed][merged small][graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small]

2. + means "and all grades above".
3. Detail may not add to total because of rounding.

Sources: Civilian Labor Force information based on data from the Current Population Survey, Bureau of Labor Statistics,
Employment and Earnings, Vol. 25, No. 1, January 1978.

Information on grades below 7201 level based on Office of Personnel Management data from Equal Employment Opportunity Statistics, November 20, 1977 (publication in process).

D. The initial determinations of underrepresentation were based upon average 1977 labor force data from the Current Popula.

tion Survey published by the Bureau of Labor Statistics (Employment and Earnings, January 1978), and 1977 Federal work

8 The initial determinations are based on data for only those agencies covered by the Civil Service Reform Act of 1978. The Com

mission will make subsequent determinations on other agencies covered by title VII, e.g. the U.S. Postal Service, TVA, Central Intelligence Agency, Federal Reserve Board.

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