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8 715.202 Resignation.

(a) General. An employee is free to resign at any time, to set the effective date of his resignation, and to have his reasons for resigning entered in his official records.

(b) Withdrawal of resignation. An agency may permit an employee to withdraw his resignation at any time before it has become effective. An agency may decline a request to withdraw a resignation before its effective date only when the agency has a valid reason and explains that reason to the employee. A valid reason includes, but is not limited to, administrative disruption or the hiring or commitment to hire a replacement. Avoidance of adverse action proceedings is not a valid reason.

Subpart 1—Equal Opportunity Without Regard

to Politics or Marital Status 720.901 Equal opportunity without regard


AUTHORITY: 5 U.S.C. 7201; 42 U.S.C. 2000e, unless otherwise noted.

SOURCE: 44 FR 22031, Apr. 13, 1979, unless otherwise noted.

Subpart A-Principal Statutory

Requirements 8 720.101 Federal Equal Opportunity Re

cruitment Program. This section incorporates the statutory requirements for establishing and conducting an equal opportunity recruitment program consistent with law within the Federal civil service. The policy in 5 U.S.C. 7201(b) reads as fol. lows: “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 origin. The President shall use his existing authority to carry out this policy.” 5 U.S.C. 7201(c) requires under regulations prescribed by the Office of Personnel Management:

(1) That each Executive agency conduct a continuing program for the recruitment of members of minorities for positions in the agency to carry out the [anti-discrimination) policy set forth in subsection (b) in a manner designed to eliminate underrepresentation of minorities in the various cate. gories of civil service employment within the Federal service, with special efforts directed at recruiting in minority communi. ties, in educational institutions, and from other sources from which minorities can be recruited; and

“(2) That the Office conduct a continuing program of

"(A) Assistance to agencies in carrying out programs under paragraph (1) of this subsection; and

"(B) Evaluation and oversight of such recruitment programs to determine their effectiveness in eliminating such minority underrepresentation.” This section and all implementing guidance shall be interpreted consistent with title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000c et seq. (44 FR 22031, Apr. 13, 1979, as amended at 48 FR 193, Jan. 4, 1983)

within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage women or the minority constitutes within the civilian labor force of the United States, in accordance with § 720.205 (c) and (d).

(b) Category of civil service employment means such groupings of Federal jobs by grades and/or occupations as the Office of Personnel Management deems appropriate within the General Schedule and the prevailing wage systems.

(c) Minority refers only to those groups classified as “minority” for the purpose of data collection by the Office of Personnel Management and the Equal Employment Opportunity Commission in furtherance of Federal equal employment opportunity policies. The term “women," includes nonminority as well as minority women.

(d) Civilian labor force (CLF) includes all persons 16 years of age and over, except those in the armed forces, who are employed or who are unemployed and seeking work. CLF data are defined by the Bureau of the Census and the Bureau of Labor Statistics and are reported in the most recent decennial or mid-decade census, or current population survey, under title 13 of the United States Code or any other reliable statistical study.

(e) Recruitment means the total process by which the Federal Government and the Federal agencies locate, identify and assist in the employment of qualified applicants from underrepresented groups for job openings in categories of employment where underrepresentation has been determined. It includes both innovative internal and external recruitment actions. It is also intended to cover processes designed to prepare qualifiable applicants (those who have the potential but do not presently meet valid qualification requirements) for such job openings through programs of training, work experience or both.

(f) Applicant pool means all types of listings from which selections may be made, including (but not limited to) promotion lists, competitive certificates and inventories of eligibles, ap

Subpart B—Federal Equal Opportunity Recruitment Program § 720.201 Regulatory requirements.

This subpart contains the regulations of the Office of Personnel Management which implement the above provisions of title 5, United States Code, and are prescribed by the Office under authority of 5 U.S.C. 7201. 8 720.202 Definitions. For the purposes of this subpart:

(a) Underrepresentation means a sit uation in which the number of women or members of a minority group

plicant supply files, and lists of eligibles for certain noncompetitive appointments.

8 720.203 Responsibilities of the Office of

Personnel Management. (a) The Office of Personnel Management will provide appropriate data to assist Federal agencies in making determinations of underrepresentation The process for making such determinations is described in sections II and III (c) of the “Guidelines for the Development of a Federal Recruitment Program to Implement 5 U.S.C. 7201, as amended” (See Appendix to this part). The Office will develop and publish more specific criteria for statistical measurements to be used by individual agencies, and will develop further guidance on

(1) Agency employment statistics and civilian labor force statistics to be used in making determinations of underrepresentation, on a national, regional or other geographic basis as appropriate;

(2) Groupings of grades and/or other occupational categories to be used in implementing agency programs;

(3) Occupational categories and job series for which expanded external recruitment efforts are most appropriate, and those for which expanded and innovative internal recruitment is appropriate; and

(4) Other factors which may be considered by the agency, in consultation with Office of Personnel Management, to make determinations of underrepresentation and to develop recruitment programs focused on specific occupational categories.

(b) The Office will assist agencies in carrying out their programs by

(1) Identifying major recruitment sources of women and members of minority groups and providing guidance on internal and external recruitment activities directed toward the solution of specific underrepresentation problem;

(2) Supplementing agency recruitment efforts, utilizing existing networks for dissemination of job information, and involving the participation of minority group and women's organizations where practicable;

(3) Examining existing Federal personnel procedures to identify those which (i) may serve as impediments to innovative internal and external recruitment and (ii) are within the administrative control of the Office or the Federal agencies;

(4) Determining whether applicant pools used in filling jobs in a category of employment where underrepresentation exists include sufficient candidates from any underrepresentated groups, except where the agency controls such pools (see § 720.204(c));

(5) Providing such other support, as the Office deems appropriate.

(c) The Office will monitor and, in conjunction with the personnel management evaluation program of the Ofiice, evaluate agency programs to determine their effectiveness in eliminating underrrepresentation.

(d) The Office will work with agencies to develop effective mechanisms for providing information on Federal job opportunities targeted to reach candidates from underrepresented groups.

(e) The Office will conduct a continuing program of guidance and instruction to supplement these regulations.

(f) The Office will coordinate further activities to implement equal opportunity recruitment programs under this subpart with the Equal Employment Opportunity Commission consistent with law, Executive Order 12067, and Reorganization Plan No. 1 of 1978.

8 720.204 Agency programs.

(a) Each Executive agency having positions in the pay systems covered by this program must conduct a continuing program for the recruitment of minorities and women for positions in the agency and its components to carry out the policy of the United States to insure equal employment opportunities without discrimination because of race, color, religion, sex or national origin. The head of each agency must specifically assign responsibility for program implementation to an appropriate agency official. All agency officials who have responsibility for the program will be evaluated on their

effectiveness in carrying it out as part nity Commission, such plans must be of their periodic performance apprais incorporated in the agency's equal em. als.

ployment opportunity plans required (b) Programs established under this under section 717 of the Civil Rights subpart must be designed to cover re Act of 1964, as amended, pursuant to cruitment for all positions in pay plans regulations and instructions of the covered by this program including Commission, provided they are separapart-time and temporary positions. ble parts of those plans for purposes

(c) Where an agency or the Office of of review by and submission to the Personnel Management has deter Office of Personnel Management. mined that an applicant pool does not Agency organizational and geographiadequately provide for consideration cal components which are required to of candidates from any underrepre develop and submit Equal Employsented group, the agency or agency ment Opportunity plans, under incomponent must take one or more of structions issued by the Equal Emthe following actions:

ployment Opportunity Commission, (1) Expand or otherwise redirect must also have up-to-date special retheir recruitment activities in ways de cruitment program plans. On a detersigned to increase the number of can mination by the Office of Personnel didates from underrepresented groups Management, in consultation with in that applicant pool;

EEOC, that additional component (2) Use selection methods involving plans are needed to implement an other applicant pools which include agency's program effectively, the sufficient numbers of members of un Office will instruct the agency to dederrepresented groups;

velop additional plans. Agencies must (3) Notify the office responsible for comply with such instructions. administering that applicant pool, and (b) Agency plans must include request its reopening of application re annual specific determinations of unceipt in support of expanded recruit derrepresentation for each group and ment activities or certifying from must be accompanied by quantifiable equivalent registers existing in other indices by which progress toward geographic areas; and/or

eliminating underrepresentation can (4) Take such other action consist be measured. ent with law which will contribute to (c) Where an agency or agency comthe elimination of underrepresenta ponent is located in a geograph tion in the category of employment in area where the percentage of underrevolved.

presented groups in the area civilian (d) Agencies must notify and seek labor force is higher than their peradvice and assistance from the Office centage in the national labor force, of Personnel Management in cases the agency or component must base its where their equal opportunity recruit plans on the higher level of represenment programs are not making meas- tation in the relevant civilian labor urable progress in eliminating identi force. fied underrepresentation in the (d) Where an agency or agency comagency work force.

ponent is located in a geographical

area where participation of a particu§ 720.205 Agency plans.

lar underrepresented group is signifi(a) Each agency must have an up-to cantly lower than its participation in date equal opportunity recruitment the national labor force, the agency or program plan covering recruitment for component may, in consultation with positions at various organizational the Office of Personnel Management, levels and geographic locations within use the lower percentage in determinthe agency. Such plans must be avail. ing underrepresentation. An agency able for review in appropriate offices may not use a figure lower than the of the agency and must be submitted relevant regional or nationwide labor to the Office of Personnel Manage- force percentage where recruitment on ment on request. In accordance with a regional or nationwide basis is feasi. agreement reached between the Office ble for particular categories of em. and the Equal Employment Opportu- ployment. Factors such as size of the

agency or unit, nature of jobs and their wage or pay scale may be considered in focusing recruitment for various job categories.

(e) In addition to the underrepresentation determinations described in paragraphs (b), (c) and (d) of this section, agency plans must, at a minimum, include:

(1) An assessment of grades or job categories and numbers of jobs in such categories expected to be filled in the current year, and on a longer term basis (based on anticipated turnover, expansion, hiring limits and other relevant factors) identification of those occupational categories and positions suitable for external recruitment, and description of special targeted recruitment programs for such jobs and positions;

(2) A similar assessment for job categories and positions likely to be filled by recruitment from within the agency and/or the Federal civil service system and a description of recruitment programs developed to increase minority and female candidates from internal sources for such positions;

(3) A further assessment of internal availability of candidates from underrepresentated groups for higher job progressions by identifying job-related skills, knowledges and abilities which may be obtained at lower levels in the same or similar occupational series, or through other experience;

(4) A description of methods the agency intends to use to locate and develop minority and female candidates for each category of underrepresentation and an indication of how such methods differ from and expand upon the recruitment activities of the agency prior to establishment of the special recruitment program or the last revision to the agency's plans;

(5) A description of specific, special efforts planned by the agency (or agency component) to recruit in com-. munities, educational institutions, and other likely sources of qualified minority and female candidates;

(6) A description of efforts which will be undertaken by the agency to identify jobs which can be redesigned so as to improve opportunities for mi. norities and women, including jobs re

quiring bilingual or bicultural capabili. ties or not requiring English fluency.

(7) A list of priorities for special recruitment program activities based on agency identification of:

(i) Immediate and longer range job openings for each occupational/gradelevel grouping for which underrepresentation has been determined;

(ii) Hiring authorities which may be used to fill such jobs;

(iii) The possible impact of its actions on underrepresentation.

(8) Identification of training and job development programs the agency will use to provide skills, knowledge and abilities to qualify increased numbers of minorities and women for occupational series and grade levels where they are significantly underrepresented.

(9) Identification of problems for which the assistance of the Office of Personnel Management is needed and will be requested.

(f) Equal opportunity recruitment program plans must be consistent with agency Upward Mobility program plans and should be developed with full consideration of the agency's overall recruiting and staffing planning objectives.

(g) All plans required under this subpart must be developed not later than October 1, 1979. (44 FR 22031, Apr. 13, 1979, as amended at 44 FR 33046, June 8, 1979) 8 720.206 Selection guidelines.

This subpart sets forth requirements for a recruitment program, not a selection program. Nevertheless, agencies are advised that all selection processes including job qualifications, personnel procedures and criteria must be consistent with the Uniform Guidelines on Employee Selection Procedures (43 FR 38290; August 25, 1978).

§ 720.207 Reports.

(a) Not later than November 1 of each year, agencies must submit an annual report on their equal opportunity recruitment program to the Office of Personnel Management, in a form prescribed by the Office. The Office may require submission of any additional reports it considers neces

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