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United States Military Academy Equal Opportunity Training
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United States Military Academy Equal
Opportunity/Sexual Harassment Hotline
(845)
938-2581
Equal
Opportunity Training
AR 600-20,
Chapter 6
Equal Opportunity Program In The Army
6-1. Purpose
The Equal Opportunity (EO) program
formulates, directs, and sustains a comprehensive effort to maximize
human potential and to ensure fair treatment for all persons based
solely on merit, fitness, and capability in support of readiness. EO
philosophy is based on fairness, justice, and equity. Commanders are
responsible for sustaining a positive EO climate within their units.
Specifically, the goals of the EO program are to—
a. Provide EO for military personnel, and
family members, both on and off post and within the limits of the
laws of localities, states, and host nations.
b. Create and sustain effective units by
eliminating discriminatory behaviors or practices that undermine
teamwork, mutual respect, loyalty, and shared sacrifice of the men
and women of America's Army.
c. Additionally, in many circumstances,
DA civilians may use the Equal Employment Opportunity complaint
system. AR 690-600
(PDF) provides further guidance.
6-2. Responsibilities
a. The Deputy Chief of Staff for
Personnel. The DCSPER will—
(1) Be responsible for Army-wide
policies, doctrine, plans, and initiatives pertaining to the
Army EO Program.
(2) Be responsible for overall
evaluation and assessment of the Army’s EO Program.
(3) Write, coordinate, maintain, and
implement the Headquarters, Department of the Army (HQDA)
Affirmative Action Plan (AAP).
(4) Establish selection criteria, in
coordination with the CG, U.S. Total Army Personnel Command (PERSCOM),
for Army personnel to attend the Defense Equal Opportunity
Management Institute (DEOMI).
(5) Coordinate, in conjunction with the
CG, PERSCOM, EO training seat allocations at DEOMI.
(6) Coordinate the distribution of
training seats at DEOMI between the Active Army and the U.S.
Army Reserve (USAR).
(7) Include Equal Opportunity Advisor (EOA)
staffing requirements in authorization documents.
(8) Establish and maintain a sexual
harassment and sexual abuse assistance line to assist victims of
harassment or abuse with information which will allow them to
report the harassment or abuse to their local authorities and/or
seek emotional counseling from local resources. Army Assistance
Line number is 1-800-267-9964.
b. Chief, National Guard Bureau (CNGB),
and Chief, U.S. Army Reserve (CAR). The CNGB and CAR will—
(1) Develop, monitor, and evaluate the
implementation of EO policies and pro-grams in their components.
(2) Establish requisite staff positions
in their offices and make resources avail-able to adequately
carry out EO Program requirements.
(3) Select Army National Guard and
Reserve personnel to attend the DEOMI.
(4) Develop information management and
reporting requirements to determine the progress made toward
affirmative action goals.
(5) Establish EO training for units and
professional military education courses consistent with HQDA
policy and command needs.
c. Commanding General, U.S. Army Forces
Command (CG, FORSCOM). The CG, FORSCOM, will—
(1) Supervise and evaluate the unit EO
training program conducted by the numbered armies in continental
United States (CONUS).
(2) Coordinate, on a continuing basis
with the Office of the Chief, Army Reserve (OCAR), to conduct EO
seminars for USAR general officers assigned to Army Reserve
Commands/General Officer Commands (RSCs/GOCOMs) and for key
military and civilian staff assigned to those commands.
(3) Assess and evaluate USAR EO
programs.
d. Commanding General, U.S. Army Training
and Doctrine Command (CG, TRADOC). The CG, TRADOC, will—
(1) Develop EO training doctrine and
training materials. Coordinate development with HQDA.
(2) Develop EO instruction and
associated training materials for use in the ac-cession/
initial-entry-training base, in professional military education
courses throughout the Army and in units. Training will be
interactive, small group oriented and testable.
(3) Conduct required EO education and
training in TRADOC Service schools and training centers.
(4) Evaluate the effectiveness of
training conducted in TRADOC Service schools and training
centers.
(5) Provide assistance and
instructional materials to schools not under the jurisdiction of
TRADOC. These schools include, but are not limited to The Judge
Advocate General's School, Army Medical Department Center and
School, Inspector General Course, and U.S. Army War College.
(6) Develop the program of instruction
and evaluate the conduct of the Army Service Specific Training
(ASST) for Army personnel attending the resident
(7) and reserve training courses at
DEOMI.
(8) Develop EO correspondence courses
available to all Army personnel.
(9) Establish the Soldier Support
Institute (SSI) as the proponent for EO training.
e. Commanders of Major Army Commands (MACOM).
These commanders will—
(1) Monitor the execution of the EO
Program in all commands, installations, agencies, and activities
(to include Army Reserve and Army National Guard units when
activated) under their jurisdiction.
(2) Schedule EO training for units
consistent with HQDA policy and command needs.
(3) Provide support, as appropriate,
for EO matters in all host and tenant sup-port agreements.
(4) Ensure EOAs deploy with assigned
units.
(5) Ensure military and civilian EO/EEO
programs complement each other.
(6) Provide personnel, funding, and
other resources to carry out the EO Program. Funding may be used
for the continuous education of command EOAs, local training for
equal opportunity representatives (EORs), staff assistance
visits (SAVs) by headquarters personnel, and ethnic
observances/special commemorations for the entire installation's
personnel.
(7) Ensure installations maintain EO
assistance lines to provide advice and information on unlawful
discrimination and sexual harassment. These assistance lines
shall provide procedural information on the filing of EO
com-plaints and clarify what constitutes acts of sexual
harassment. Complaints shall not be received over the telephone.
Personnel with complaints must file them in person. The
assistance line shall also provide information on the complaint
appeals process to include access to higher levels of authority
if resolution cannot be accomplished at the installation level.
The assistance line may also be used to provide information to
leaders on the procedures to follow in handling sexual
harassment complaints. Personnel serving as assistance line
operators must be well trained in Army policies and procedures
for processing EO complaints.
(8) Submit Quarterly Narrative and
Statistical Report (QNSR) IAW procedures outlined in para 6-16.
f. Commanding General, U.S. Total Army
Personnel Command (CG, PERSCOM). The CG, PERSCOM, will—
(1) Maintain statistical data
concerning racial/ethnic designation category (REDCAT) and
gender for the management of personnel systems and affirmative
action initiatives.
(2) Determine the need for training
seats at DEOMI for the Annual Structure Manning and Decision
Review (SMDR) for the Program Objective Memorandum (POM) years.
(3) Program personnel, in coordination
with HQDA, ODCSPER, ATTN: DAPE-HR-L, to attend DEOMI.
(4) Control DEOMI military student
training allocations for the Army.
(5) Assign active duty military
personnel to meet Army EOA requirements.
(6) Demographically align EOAs with
population of the U.S. Army as a whole.
g. Commanders at all levels. Commanders
at all levels are the EO officers for their commands. All
commanders will—
(1) Be personally responsible and
accountable for the EO climate within their units.
(2) Develop and implement EO programs
for their organizations that enhance unit cohesion, esprit, and
morale.
(3) Upon receipt of a DA Form 7279-R
(Equal Opportunity Complaint Form), the Commander will, within
72 hours, provide a description of the allegations through
command channels to their general court-martial convening
authority. DA Form 7279 will be locally reproduced on 8 ½ by
11-inch paper. A copy for reproduction purposes is located at
the back of this regulation. DA Form 7279-R will also be
available on the USAPA web site and the Army Electronic Library
(AEL) CD-ROM
(4) Identify unlawful discriminatory
practices affecting military personnel and family members,
initiate corrective actions, and provide follow-up and feed-back
throughout problem resolution.
(5) Promote EO and interpersonal
harmony for all military personnel and family members.
(6) Assign EOAs to their personal or
coordinating staff as prescribed in para-graph 6-4, below. The
EOAs must attend staff meetings and be included in unit training
exercises and deployments in order to accomplish their EO
mission.
(7) The commander will be in the EOA
rating scheme.
(8) Conduct EO training on a continuing
basis for all assigned and attached personnel. Training must be
consistent with this regulation, MACOM directives, and local
guidance.
(9) Monitor and assess the execution of
EO programs and policies at all levels within their areas of
responsibility.
(10) Involve public affairs personnel
at every level of command in planning and publicizing EO
programs and initiatives.
(11) Publish and post separate, written
command policy statements for EO, the prevention of sexual
harassment, and equal opportunity complaint procedures. All
statements will be consistent with Army policy. Statements must
include an overview of the command's commitment to the EO
program and reaffirm that unlawful discrimination and sexual
harassment will not be practiced, condoned, or tolerated. The
policy statements will explain how and where to file complaints.
Additionally, the statements shall include complainant's
protection from acts or threats of reprisal. These statements
are required for each MACOM, installation, separate unit,
agency, and activity down to company/troop/battery or equivalent
level. For more information on sexual harassment policy
statements, see para 7-2b.
(12) Company level commanders will
conduct a unit climate assessment within 90 days (180 days for
USAR units) of assuming command and annually thereafter.
Administration of the Command Climate Survey must be a part of
the assessment for battery/company commanders. Information on
con-ducting this assessment may be found in appendix F.
Commanders should supplement any survey efforts with individual
and group interviews, the analysis of unit records and
statistical information (awards, promotions, reenlistment,
incidents of misconduct resulting in punishment under the
Uniform Code of Military Justice (UCMJ)), and with complaint
reports. This assessment will provide a baseline for the
commanders to develop action plans and implement program
initiatives.
(13) Encourage soldiers to use their
chain of command to address issues.
(14) Take appropriate action to prevent
incidents of intimidation, harassment, or reprisal against
individuals who file an EO complaint.
(15) Take appropriate action against
those who violate Army policy.
(16) Monitor the demographics of the
Equal Opportunity Representatives (EORs) in their command to
ensure it reflects that of the unit as a whole.
(17) Report all EO training at the
quarterly training brief.
h. EOA Responsibilities. The actual
duties of EOAs, relative emphasis, and time allotted to each duty
vary according to type of unit or level of command, unit
composition, and location. EOAs are agents for cultural change and
act as the eyes and ears for the commander. EOAs will not be
assigned further duties that may create a conflict of interest.
Equal Opportunity Advisors will –
(1) Understand and articulate
Department of Defense (DOD) and Army policies concerning equal
opportunity.
(2) Assist the commander in
implementing a Consideration of Others Program.
(3) Recognize and assess indicators of
institutional and individual discrimination in organizations.
(4) Recognize sexual harassment in both
overt and subtle forms.
(5) Recommend appropriate remedies to
eliminate and prevent unlawful discrimination and sexual
harassment.
(6) Continuously assess the command
climate through formal surveys, inter-views and accessibility to
the unit.
(7) Collect, organize, and interpret
demographic data concerning all aspects of EO climate
assessment.
(8) Assist commanders in assessing,
planning, implementing and evaluating the EO program.
(9) Prepare input for the Quarterly
Narrative Statistical Review (QNSR), which supports the Army's
Military Equal Opportunity Assessment (MEOA).
(10) Train unit EORs and institutional
training course \ service school instructors to assist
commanders/commandants in meeting their EO responsibilities.
(11) Organize or assist with training
sessions that pertain to equal opportunity, unlawful
discrimination, prevention of sexual harassment, and the
Consideration of Others Program.
(12) Assist in evaluating the
effectiveness of unit training conducted by commanders.
(13) Plan and help conduct executive
seminars for senior leadership, on EO action plans and
affirmative actions, equal opportunity, unlawful discrimination,
the Consideration of Others Program and the prevention of sexual
harassment.
(14) Receive and assist in processing
individual complaints of unlawful discrimination and sexual
harassment and conduct EO inquiries according to the commander's
guidance.
(15) Provide advisory assistance to
commanders and investigating officers in the investigation and
resolution of unlawful discrimination and sexual harassment
complaints.
(16) Review and comment on
investigative reports of equal opportunity com-plaints for
compliance with DoD and DA EO policy and objectives.
(17) Conduct follow-up assessments of
all formal EO complaints.
(18) Assist in the planning and conduct
of ethnic observances/special commemorations, as outlined in
table 6-1.
(19) Assist commanders in developing
the EO policy for their unit.
(20) Maintain, where appropriate,
informal liaison with community organizations fostering civil
rights. If the EOA decides to become a member of such
organizations in his/her private capacity, he/she must
coordinate with the servicing judge advocate to preclude
possible conflicts of interest.
(21) Conduct staff assistance visits to
subordinate units and other headquarters (equivalent or lower).
(22) Conduct or attend Equal
Opportunity coordination training at least once quarterly at the
installation level. Assist commanders in the development of
realistic affirmative action plans and monitor progress of
plans.
Table 6-1
Month: January
Dates: 3d Monday
Observance: Martin Luther King, Jr.,
Birthday
Authority/comment: Public Law 98-144,
Nov. 83 (Federal holiday)
Month: February
Dates: 1-28/29
Observance: African-American/Black
History Month
Authority/comment: First Presidential
Proclamation, Feb. 76
Month: March
Dates: 1-31
Observance: Women's History Month
Authority/comment: Public Law 100-9, Mar
87
Month: April/May
Dates: Sunday to Sunday for Week
Incorporating Yom Hashoah
Observance: "Days of Remembrance" for
Victims of the Holocaust
Authority/comment: Public Law 96-388,
Oct. 80
Month: May
Dates: 1-31
Observance: Asian Pacific Heritage Month
Authority/comment: First Presidential
Proclamation, May 91
Month: August
Dates: 26
Observance: Women's Equality Day
Authority/comment: First Presidential
Proclamation, Aug. 73
Month: September/October
Dates: 15 Sep. - 15 Oct.
Observance: National Hispanic Heritage
Month
Authority/comment: Public Law 100-402,
Aug. 88
Month: November
Dates: 1-30
Observance: National Native American
Indian Heritage Month
Authority/comment: Public Law 102-188,
Mar 92
i. Equal opportunity
representatives/leaders (EORs/EOLs) Responsibilities. EORs will
assist commanders at the battalion-level or equivalent and below
in carrying out the EO Program within their units. EORs serve a
special duty at small unit level. Commanders must appoint EORs in
their units who are members of the chain of command in the rank of
SSG through 1LT. Soldiers who are graduates of DEOMI and have been
awarded enlisted Skill Qualifying Identifier (SQI) Q or officer
Additional Skill Identifier (ASI) 5T are still available to
perform as additional unit EORs after successful completion of
their special duty tour as an EOA. Brigade or higher headquarters'
EOAs are available to train unit EORs using the 80 hour Training
Support Package (TSP) published by the EO Proponency Office,
Soldier Support Institute. EOAs are authorized to supplement that
training pack-age to meet local needs and conditions. Instruction
in other subject areas related to, or supportive of EO objectives,
such as the Consideration of Others Program, may be provided by
personnel from other agencies or program areas during this
training. Typical roles and duties of EORs are as follows-
(1) Assist commanders in the
recognition of detractors from a healthy unit EO climate.
(2) Continuously assist commanders in
the conduct of unit climate assessments.
(3) Prepare and assist the commander in
the conduct of EO training.
(4) Establish and maintain liaison with
other EORs and with the EOA at higher headquarters.
(5) Assist commanders and assigned
project officers in preparing and conducting ethnic observances
and special commemorations.
(6) Assist complainants by referring
them to an appropriate agency for assistance. Complaints
referred to another agency will be reported to the EOA. EORs may
not conduct investigations and are not trained to fully advise
AR 15-6 investigating officers in their conduct of EO complaint
investigations. Any commissioned officer performing the
additional duty of an EOR, may be asked (in the capacity of a
commissioned officer and as a disinterested, third party) to
conduct investigations. Yet, those situations should not concern
EO complaints within their organization.
(7) Serve as a resource person for EO
matters in the unit.
6-3. Equal Opportunity Policy
a. The U.S. Army will provide equal
opportunity and fair treatment for military personnel, family
members and DA civilians without regard to race, color, gender ,
religion, or national origin, and provide an environment free
unlawful discrimination and offensive behavior. This policy-
(1) Applies both on and off post,
during duty and non-duty hours.
(2) Applies to working, living, and
recreational environments (including both on and off-post
housing).
b. Soldiers will not be accessed,
classified, trained, assigned, promoted, or other-wise managed on
the basis of race, color, religion, gender, or national origin.
The assignment and utilization of female soldiers is partially
governed by federal law.
AR 600-13
(PDF), Army Policy for the Assignment of Female Soldiers,
prescribes policies, procedures, responsibilities, and the
position coding system for female soldiers.
c. Rating and reviewing officials shall
evaluate each member's commitment to elimination of unlawful
discrimination and/or sexual harassment and document significant
deviations from that commitment in evaluation reports.
Substantiated formal complaints require a "Does not support EO" on
the NCOER or the OER. This documentation includes administering
appropriate administrative, disciplinary, or legal action(s) to
correct inappropriate behavior.
d. This chapter does not implement the
provisions of either the Age Discrimination in Employment Act of
1967 (Sections 630 through 634, Title 29, United States Code) or
Title VII of the Civil Rights Act of 1964 (Section 2000e, Title
42, United States Code). Physical disability and age controls are
not addressed due to overriding concerns of medical fitness and
deployability of military personnel.
6-4. Staffing
a. Minimum military staffing
requirements.
(1) EOAs will be assigned to the
personal or coordinating staff of commanders at installations,
organizations, and agencies that are brigade-level (or
equivalent) and higher. Assignments will not be as collateral or
part-time duty. Primary duty position authorizations and
requirements that comply with this guidance are to be documented
in applicable personnel management authorization documents.
Authorized positions will not be eliminated without prior
approval by the Secretary of the Army.
(2) Active duty military staffing.
(a) Each brigade-level or equivalent
unit will have, as a minimum, one full-time EOA with the rank
of SFC or higher. Each division will have four EOAs: one
officer (LTC) and three noncommissioned officers (NCOs) (one
MSG and two SFC). Corps staff will have one officer (LTC) and
three NCOs (one SGM, one MSG and a SFC). At most Major Army
Commands (MACOM), there will be three EOAs: one officer (LTC)
and two NCOs (one SGM and one MSG or SFC). FORSCOM, TRADOC and
USAREUR will have an additional NCO in the grade of SFC. At
HQDA there will be four officers (LTC and three MAJs) and four
NCOs (one SGM and three SFCs) At the Soldier Support Institute
(SSI) there will be three EOAs: one officer (LTC) and two NCOs
(one SGM and one MSG).
(b) In addition to the above-stated
unit staffing requirements, small installations (less than
10,000 soldiers) or base support battalions (BSBs) are
authorized one enlisted EOA (SFC). Large installations
(greater than and area support groups (ASGs) are authorized
two enlisted EOAs (MSG and SFC).
(c) Installation EOAs will provide
geographic support for units without a dedicated EOA in their
specific region. Installation commanders will establish
Memoranda of Agreement with tenant units without EOA sup-port
to ensure that those tenant units receive EOA support from the
installation. Installation EOAs will also support
non-deploying soldiers whose unit EOA deployed with their
unit.
(d) Civilian substitutions for the
above minimum staffing requirements are not authorized. Any
staffing authorized beyond these minimum requirements may be
either military EOAs or civilians officially assigned to and
trained for such duties. Assignment of EO duties to civilians
must be in strict accordance with applicable position
classification standards and guidelines.
(3) US Army Reserve (USAR) staffing. An
EOA will be assigned to the staff of each brigade-level unit or
brigade equivalent unit. One officer EOA (mini-mum rank LTC) and
one enlisted EOA (minimum rank MSG) will be as-signed to the
staff of each RSC/GOCOM and division-level or equivalent unit.
Civilian substitutions are not authorized.
(4) Army National Guard (ARNG) staffing
requirements are established by the CNGB. Civilian substitutions
are not authorized.
b. Location in the organizational
structure. EOAs assigned on the unit’s Table of Distribution and
Allowances (TDA), should be attached to a specified unit (as
de-scribed above) for duty, administration, and UCMJ, because they
support that specific commander.
c. The EO Program and the Equal
Employment Opportunity (EEO) Program relationship. The EO program
for military personnel and the EEO program for civilian personnel
share the same foundations in similar goals and objectives.
However, their practice and execution are considerably different.
Separate laws and/or regulatory guidance and policy guide each
program. The EEO Program implements laws which address employment
issues for civilian employees and applicants for employment. The
roles and missions of the EOA and EEO officer are not
interchangeable. EOAs will not supervise EEO personnel, nor will
EEO personnel supervise EOAs. EO and EEO offices will not be
consolidated under the direction of one or the other program
principals. There are areas in which EO and EEO programs can and
should be integrated when doing so promotes under-standing,
efficiency, economy and common interests of both programs. These
areas include the planning and execution of special observances,
Consideration of Others Program, development of affirmative action
plans, some aspects of training, and coordination of
administrative support.
6-5. EOA Selection And Assignment Policy
a. Selection Policy. The CG, PERSCOM,
will select qualified officers and NCOs for duty as EOAs in
accordance with the following selection requirements –
(1) Outstanding duty performance.
Includes a review of the individual’s evaluation reports.
(2) Stability in personal affairs.
Soldier will not have a recent history of severe domestic or
personal problems (excluding divorce), chronic indebtedness,
excessive use of alcohol, or any use of illegal drugs.
Individuals withdrawn for cause from any Human Reliability or
Personal Reliability Program during the two years preceding the
nomination will need a waiver from HQDA, ODCSPER, ATTN: DAPE-HR-L,
300 Army Pentagon, Washington, DC 20310-0300.
(3) Must not have been punished under
the provisions of the UCMJ during the 5 years preceding the
nomination or have a history of frequent punishments under
Article 15, UCMJ.
(4) Must have a minimum of 2 years of
service remaining upon completion of the DEOMI course.
(5) Must meet Army fitness and body
composition standards.
(6) Must be competitive for promotion.
(7) Must have not previously declined
or been disenrolled (academic or disciplinary) from NCOES or
Officer Professional Development Course.
(8) Have a GT score of 110 (waiverable).
(9) Maintain a minimum PULHES profile
of 111221 (waiverable).
(10) Must maintain qualification
standards throughout tour. Units will notify PERSCOM through
channels when an EOA fails to meet minimum qualification
standards.
(11) In addition to the above
requirements, officers must-
(a) Have a bachelor’s degree.
(b) Be an active duty officer in the
grade of LTC or above, except as noted in paragraph
6-4a(2)(a). USAR officers must be at least in the grade of
LTC. ARNG officer grade requirements are established by CNGB.
(c) Officers assigned to the DEOMI as
instructors can be in the grade of CPT or above.
(d) Field Grade officers must be
graduates of, or have received Military Education Level (MEL)
4 credit for, Command and General Staff College.
(12) In addition to requirements (1)
through (10) above, active duty and USAR enlisted soldiers
(requirements for ARNG enlisted soldiers are established by the
CNGB) must—
(a) Be a high school graduate (or
equivalent) and possess the potential to complete
college-level courses. Soldiers who are unable to score at a
12th grade level in all measured areas of the Test of Adult
Basic Education (TABE) will not be assigned to EOA duty. The
soldier’s test results will become part of their
out-processing paperwork that will be checked off by the unit
commander prior to travel to DEOMI, and taken to DEOMI for
inclusion in their student packet.
(b) Be a SFC or SSG(P), or above,
with less than 18 years time in service upon completion of
DEOMI (Waiverable for SGM and MSG).
(c) Have served in a leadership
position.
(d) Not be assigned to back-to-back
special duty assignments (e.g., drill sergeant to EOA or
recruiter to EOA).
b. Volunteers. Any officer or NCO who
meets the selection criteria in paragraph 6-5a may volunteer for
duty as an EOA by submitting a written request to his/her Branch
Manager. Enlisted requests will be submitted through the first LTC
in the chain of command, who will endorse the request with a
statement of suitability for EOA duties.
c. Tour lengths for EOAs.
(1) Active Duty Enlisted. Tours for
enlisted personnel assigned to CONUS units will be 24 months
(exclusive of training time) with the possibility for extension
of one year. Tours for enlisted personnel assigned OCONUS will
be the prescribed tour length of that assignment based on status
(accompanied/unaccompanied). Those soldiers assigned to a
one-year OCONUS tour will be assigned the additional one-year in
CONUS.
(2) Active Duty Officer. Tours for
officers assigned to CONUS units will be 24 months (exclusive of
training time). Tours for officers assigned OCONUS will be the
prescribed tour length for short tours or 18 months (exclusive
of training time) for long tours.
(3) USAR or NGB. USAR or NGB EOA tours
will be a minimum of three years upon completion of DEOMI and a
maximum of six years. Reserve Component EOAs will obtain school
quotas through the Army Training Requirements and Resource
System (ATRRS) for course attendance in either the 15-week
resident course or the three-phase Reserve Component (RC) EOA
course at the DEOMI within 60 days of assignment as an EOA. USAR
soldiers must complete the Reserve Component course within 1
training year of completion of the initial resident phase.
Requests to exceed the 1-year completion requirement must be
forwarded through the chain of command to the Commandant, DEOMI,
Patrick AFB, FL 32925-3399. Each request will be handled on a
case-by-case basis and will require justification of the
soldier's inability to complete the course within the allotted
time. However, commanders must closely monitor training status
to ensure course completion is expedited to the maximum extent
possible. Army National Guard soldiers must complete the course
within 18 months of assignment to duty position. Failure to
complete the course will result in removal from the EOA
position.
d. Early Release.
(1) The Director, Enlisted Personnel
Management Directorate (EPMD), PERSCOM is authorized to
approve/disapprove the early release of enlisted EOAs from the
EO program when:
(a) The EOA has been selected for
promotion to SGM and the current unit of assignment cannot
place him or her; the EOA will be moving to a command NCO
position (1SG); or the EOA is a CSM designee.
(b) The EOA’s commander has notified
PERSCOM in writing, through the MACOM, that the EOA is being
reassigned as a 1SG or CSM.
(c) PERSCOM is able to select, train,
and assign a replacement for the outgoing EOA expeditiously to
eliminate a gap in coverage.
(d) necessary for cause.
(2) The CG, PERSCOM, is authorized to
approve/disapprove the early release of officer EOAs from the EO
program when:
(a) The EOA has been selected for
promotion and the current unit of assignment cannot place him
or her.
(b) The EOA has been selected for a
Command Selection List (CSL).
e. Relieved from EO duty. The active Army
EOA relieved from EO duty will receive Relief for Cause Evaluation
Report. This will occur immediately following the removal from
duty.
f. Removal of the EOA SQI. The EO SQI or
ASI may be withdrawn from the active Army EOA only if approved by
HQDA for active Army soldiers, a state AG for ARNG, or the Chief,
Army Reserve for USAR. A memorandum signed by the commander, with
a copy of the Relief for Cause Evaluation Report will be
for-warded through the MACOM and PERSCOM to HQDA, ODCSPER, ATTN:
DAPE-HR 300 Army Pentagon, Washington DC 20310-0300.
g. Recurring EOA duty. EOAs will not
serve consecutive EOA duties without prior approval from CG,
PERSCOM, a state AG, or OCAR.
6-6. Attendance At The Defense Equal
Opportunity Management Institute
(DEOMI)
a. Attendance.
(1) Enlisted personnel selected for EOA
duty by PERSCOM will be programmed to attend the 15-week EO
Advisor course at DEOMI. The course is de-scribed in paragraph
6-6b below.
(2) Officers in the grade of LTC will
attend the 6-week EO Program Manager Course (EOPMC). Officers
may attend the 15-week course when space is available.
(3) Reserve Component Full Time Support
(FTS) EO personnel filling an authorized, full-time EO
Specialist position, who have previously completed one or more
phases of the RC EOA Course (resident or non-resident) at DEOMI
are eligible to attend and complete the 15-week course. Even if
these soldiers are reassigned to another military occupational
specialty-enlisted (MOS-ENLD) or specialty skill identifier (SSI),
they can complete the course.
b. Resident Courses. The DEOMI curriculum
consists of two resident courses: a 15-week EO advisor course and
a 6-week EO Program Manager course. The 15-week course is
designated to train personnel for assignment as full-time EOAs.
The 6-week EO Program Manager Course (EOPMC) is intended for those
personnel who have supervisory or managerial responsibilities or
to train officers serving as EOAs at division level and above. A
three-phase Reserve Component EO Advisor Course, consisting of two
2-week resident phases and one nonresident phase, is conducted for
ARNG and USAR personnel.
c. Certification. Upon successful
completion of the 15-week Equal Opportunity Advisor Course and the
resident/non-resident RC Equal Opportunity Advisor Course, DEOMI
recommends graduates for the awarding of SQI Q (enlisted) and ASI
5T (officers). Officers attending the 6-week EO Program Manager
Course will receive course code PAQ in their official records. The
CG, PERSCOM, will award the appropriate designator upon the
soldiers’ successful completion of DEOMI. Only graduates of the
DEOMI courses listed above are designated as EOAs.
d. Scheduling of training. The CG,
PERSCOM, programs qualified active duty officers and NCOs for
training and duty as EOAs. The CNGB and CAR program Army National
Guard and U.S. Army Reserve soldiers for EOA duty. CG PERSCOM
controls DEOMI training seats for active duty and USAR personnel.
CNGB controls training seats for Army National Guard for the DEOMI
Reserve Component and EO Program Orientation for Managers Courses.
Commands will use the following procedures to acquire these
allocations:
(1) Commanders desiring to send
officers and NCOs on temporary duty (TDY) to DEOMI and then
return to their units as EOAs will send their requests through
their MACOMs. MACOMs will forward applications for officers to
CG, PERSCOM, 200 Stovall Street, ATTN: TAPC-OPB-D, Alexandria,
VA 22332-0400. For NCOs, forward applications to CG, PERSCOM,
ATTN: TAPC-EPM-A, 2461 Eisenhower Ave., Alexandria, VA
22331-0454.
(2) Units must request training seats
in writing and requests must arrive at PERSCOM no later than 45
days before the starting date of a requested class.
(3) Reserve Component personnel must
have an ATRRS allocation to be considered for attendance. This
is applicable to ARNG unit members, and USAR troop program unit
(TPU) members, AGR and military technicians as-signed to a major
Army National Guard or Army Reserve Command (MUSAR) headquarters
and performing day-to-day EO duties as listed in their job
descriptions or performance standards.
6-7. Off-Post Activities, On-Post
Activities, And Off-Limit Actions
a. Off-post activities. Title II of the
Civil Rights Act of 1964 addresses the practice of discrimination
and segregation in public establishments. These public
establishments include privately owned establishments such as
hotels, restaurants, gasoline stations, theaters, places of
entertainment, and community housing (e.g. ,apartments). The
installation commander will ensure that the facts surrounding
allegations of discriminatory practices are fully developed. The
commander will also ensure those individuals and organizations
alleged to practice such unlawful discrimination are given a full
and fair opportunity to challenge particular allegations. If all
reasonable efforts and alternatives fail to eliminate off-post
discriminatory practices in public accommodations, installation
commanders are authorized to place those facilities off-limits
after requesting such action through the servicing Armed Forces
Disciplinary Control Board (AFDCB). Military personnel outside the
United States are not protected under the Civil Rights Act of 1964
while off-post. However, the commander will take whatever actions
are available and appropriate to eliminate discriminatory
practices in public accommodations outside the United States that
affect soldiers, civilians or family members of his/her command.
Commanders must promote awareness of the pertinent laws of the
host nation.
b. Off-limits sanctions. Off-limits
sanctions may be appropriate for public accommodations and
establishments falsely claiming to be private clubs (fraternal or
otherwise) with discriminatory policies and practices. If
discriminatory practices off-post are found to be directed at
selected soldiers in a command and effort at conciliation prove
unsuccessful, imposition of off-limits sanctions according to AR
190-24 may be appropriate.
c. Off-limits sanctions and private
establishments. An installation commander ordinarily may not apply
off-limits sanctions to a bona fide private establishment, club,
activity, or organization. However, such an entity may be placed
off-limits if the following conditions exist-
(1) It is open to military personnel in
general or to soldiers who meet specific objective criteria
(such as sergeant and above) but segregates or discriminates
against other soldiers solely on the basis of race, color,
religion, gender, or national origin.
(2) It is not primarily political or
religious in nature.
(3) The installation commander, in
consultation with his/her key staff, deter-mines that the
available facts support the allegations of unlawful
discrimination after affording the management of the
establishment, club, activity, or organization a full and fair
opportunity to challenge or refute allegations.
(4) Reasonable efforts by the commander
to bring about voluntary termination of the discriminatory
practices are unsuccessful.
(5) The commander determines that
continued unlawful discrimination by the establishment, club,
activity, or organization undermines the morale, discipline, or
loyalty of soldiers in the command.
d. On-post activities. All on-post
facilities and official activities are open, as appropriate, to
all DoD personnel and family members without regard to race,
color, religion, gender, or national origin. Installation
commanders are responsible for ensuring that an organization
taking advantage of or using on-post facilities (whether on a
reimbursable basis or otherwise) does not engage in unlawful
discriminatory practices. It is not enough to depend solely on the
published bylaws or the constitution of the organization. The
installation commander must assess the organization's actual
membership practices and their effect upon the command. I cases
where the installation commander determines that credible
information of discriminatory practices by an on-post private
organization has been presented, the organization has the burden
of proving it did not engage in discriminatory practices. Failure
to substantiate the absence of discriminatory practices will
result in a denial of the use of on-post facilities. However, the
provisions of this paragraph do not prohibit the installation
commander from approving the operation of private organizations
that restrict membership to one gender if one or more of the
following apply-
(1) The private organization’s purpose
is philanthropic and, by tradition, its membership has been of
one sex
(2) The private organization’s purpose
and functions is to benefit one sex, and its membership is
composed of that sex (Examples are scouting organizations or
women’s and men’s sporting associations.)
(3) The private organization has a
specific purpose and function that restricts membership to one
sex, but also has a counterpart organization with the same
purpose and function. (Examples are women’s and men’s sport
club, women’s and men’s civic associations, and boy and girl
scouting organizations.)
6-8. Procedures For Processing Equal
Opportunity Complaints
(Complaint
Porcedures)
a. Individual rights. Soldiers, family
members and DA civilians have the right to-
(1) Present a complaint to the command
without fear of intimidation, reprisal, or harassment.
(2) Communicate with the commander
concerning their complaints.
(3) Receive assistance when submitting
a complaint.
(4) Receive training on the Army's
Equal Opportunity complaint and appeals process.
b. Individual responsibility. Individuals
are responsible for:
(1) Advising the command of the
specifics of sexual harassment and unlawful discrimination
complaints and providing the command an opportunity to take
appropriate action to rectify/resolve the issue.
(2) Submitting only legitimate
complaints and exercising caution against unfounded or reckless
charges.
c. While not required, it is recommended
that the individual attempt to resolve a complaint by first
informing the alleged offender that the behavior must stop.
d. Filing and Processing Equal
Opportunity Complaints. For filing and processing of EO or sexual
harassment complaints, follow the procedures as outlined in
appendix E.
6-9. Housing complaints
Complaints of housing discrimination
involving unequal treatment because of race, color, religion,
gender, or national origin will be forwarded to the local housing
division for processing.
AR 210-50
(PDF) provides policy for housing issues.
6-10. Evaluation reports
a. Entries. The performance evaluation
process provides commanders and supervisors an excellent
opportunity to discuss their goals, objectives and expectations of
the EO and EEO programs. In counseling session, commanders and
supervisors should discuss these programs as expressions of the
Army’s Values and encourage support of these programs and how they
intend to evaluate individual behaviors and actions. When
evaluating officers or enlisted soldiers, or Department of the
Army civilian employees, rating officials will evaluate those
individuals’ commitment to the goals and objectives of the EO or
EEO program. This includes the individuals’ actions or non-actions
toward the prevention and elimination of unlawful discrimination
and/or sexual harassment. Raters are required to document
significant deviations from that commitment and identify instances
of reprisal/retaliation taken by the rated individual in that
evaluation report. (See AR 623-105, para 4-13; AR 623-205, paras
6-5 and 6-6)
b. Appeals. Appeals of officer evaluation
reports due to alleged unlawful discrimination, sexual harassment,
or reprisal will be conducted according to the procedures
specified in AR 623-105. Appeals of noncommissioned officer
evaluation reports, based on allegations of unlawful
discrimination, sexual harassment, or reprisal, will be submitted
according to the procedures outlined in AR 623-205.
6-11. Civilian schooling
Army personnel pursuing an educational
program at an institution that unlawfully discriminates in the
admission or subsequent treatment of students will not be
financially assisted from appropriated fund resources. Exceptions to
this policy will be considered when the applicant has previously
attended the institution in question and will suffer personal
hardship through loss of earned credits if a transfer is required.
When soldiers seek continuation of civilian schooling with schools
barred from receiving DoD or DA funds because they discriminate in
their admission practices or subsequent treatment of students, they
will request an exception to policy through command channels.
6-12. Legal assistance
Within the framework of the legal
assistance program, legal assistance may be provided to soldiers who
believe they have been denied federally protected rights. If the
civil rights of soldiers seem endangered and an appearance in court
or other legal action beyond the authority of the legal assistance
officer is required, the matter will be reported to The Judge
Advocate General (HQDA (DAJA-CL), Washington DC 20310-2200) for
possible referral to the Department of Justice. (See AR 27-40)
Affirmative Action plans
Affirmative Action Plans (AAPs) are
planned, achievable steps that eliminate practices denying equal
opportunity to soldiers and their families, and that monitor
progress to-ward these goals.
a. Each MACOM, installation, separate
unit, agency, and activity down to and including brigade-level or
equivalent will develop and implement AAPs.
DA Pam 600-26 (WORD) is the HQDA AAP
that monitors the centralized personnel management processes for
which HQDA has responsibility. Heads of staff proponent agencies
and their field operating agencies provide input to this AAP. Unit
AAPs will be written IAW DA PAM 600-26.
b. Units will review AAPs annually to
assess the effectiveness of past actions; to initiate new actions,
and to sustain, monitor, or delete goals already achieved.
c. Commanders will provide a copy of
their AAP to the next higher commander.
d. Affirmative action plans for civilian
employees will be established in accordance with Army Regulation
690-12, Equal Employment Opportunity and Affirmative Action.
6-14. Training
a. Minimum criteria for local unit
training programs.
(1) The commander will incorporate EO
training into the overall training plan for the unit. The
Soldier Support Institute publishes training tools (DA
Pam 350-20 (PDF), Unit Equal
Opportunity Training Guide, and TC 26-6, Commander’s Equal
Opportunity Handbook) that may assist commanders in developing
required training. Active Army and reserve components commanders
of TOE/MTOE/TDA units will add the following topics to their
quarterly or yearly training briefings:
(a) Type and dates of human relations
training conducted by the unit since last Quarterly Training
Brief (QTB) /Yearly Training Brief (YTB).
(b) Type and dates of human relations
training scheduled for the unit be-fore the next QTB/YTB.
(c) The number of EOAs/EORs required,
authorized, on hand and the training they have completed or
scheduled prior to next QTB/YTB.
(d) Date last command climate survey
was conducted and date next command climate survey is
scheduled.
(2) Leaders will conduct mandatory unit
EO/sexual harassment training quarterly. Commanders will
document training on the unit’s training schedule and lead the
training. In their training documentation, commanders must
include type of training; instructor; date, time and length of
training; roster of attendees and issues covered in the session.
From time to time, different issues will be of local or
Army-wide importance and require special emphasis and attention
by unit commanders. As a minimum, two of the quarters will
consist of Prevention of Sexual Harassment training. (see
paragraph 7-8) The other two quarters will consist of training
that is interactive, small group, discussion-based, and can
focus on these topics—
(a) Objectives of the Army EO
program.
(b) Army and local command policies
on EO and affirmative action.
(c) Objectives of AAPs and EO action
plans.
(d) Behavioral characteristics and
other indicators of EO problems, what are and are not
appropriate and acceptable behaviors leading to unit cohesion
and teamwork.
(e) The impact of individual and
institutional discrimination on mission accomplishment.
(f) Proper handling of EO complaints
and the EO complaint system.
(g) Identifying, dealing with,
preventing, and eliminating racial and ethnic discrimination
and sexual harassment.
(h) Legal and administrative
consequences of participating in acts of unlawful
discrimination and sexual harassment.
(i) Individual responsibilities of
both soldiers and DA civilians concerning equal opportunity
and the prevention and eradication of sexual harassment (i.e.,
identifying inappropriate behaviors, handling complaints,
developing techniques in dealing with sexual harassment,
developing assertiveness skills, submitting complaints in the
event the situation can-not be handled on-the-spot or
one-on-one, and reporting incidents to the chain of command).
(j) The importance of honest and open
interpersonal communications in promoting a healthy unit
climate.
(k) Unit climate assessment—what it
is, what it is used for, what makes it important, how it is
done, what its results mean and what to do about various
results.
(l) Review of actual unit climate
assessment findings and amplification of issues raised. If
appropriate, the commander will discuss issues that surface
from assessment and develop an action plan to improve unit
climate with unit members.
(3) The chain of command and other
leaders (commander, command sergeant major, sergeant major,
first sergeant, civilian supervisors, and others) will be
present and participate in unit EO sessions.
(4) Brigade-sized units and higher
headquarters will conduct EO and prevention/eradication of
sexual harassment training (executive level seminars) twice a
year. Training will be small group, interactive and
discussion-based. It should emphasize findings determined as a
result of unit command climate assessments.
b. Generally, training for Army War
College (AWC) and Pre-Command Course (PCC) will cover—
(1) Planning and resourcing the
implementation of the Army's EO program.
(2) Creating positive command climates
that promote fair and equal treatment and that create
opportunities for all soldiers, civilians, and family members
by-
(a) Publishing policies and
evaluating subordinate unit EO initiatives.
(b) Ensuring that EO training is
focused on the roles, duties, and responsibilities for EO and
the prevention and eradication of sexual harassment; on leader
skills needed to handle soldier issues to include racial,
cultural, and gender considerations; and on preventing,
detecting, and avoiding conditions and situations that could
lead to unprofessional behaviors and acts.
(c) Conducting unit climate
assessments, analyzing the data, and using feedback to improve
living and working environments.
(d) Promptly investigating complaints
and incident reports, taking action against offenders,
correcting conditions and situations that could lead to
incidents/complaints, and implementing actions to prevent
recurrence.
(e) Utilizing EOAs to monitor unit
environment and to assist in the development of unit training
and in the resolution of complaints.
(f) Planning and conducting
special/ethnic observance activities.
(g) Monitoring and evaluating own and
subordinate unit AAPs.
c. Generally, training for the Brigadier
General Orientation Course and the Assistant Division Commander
Course will cover.
(1) Planning and resourcing the
implementation of the Army's EO program.
(2) Creating positive command climates
that promote fair and equal treatment and that create
opportunities for all soldiers, civilians, and family members.
(3) Contemporary issues in EO and the
prevention and eradication of sexual harassment.
6-15. Authority to collect and maintain
data
The Office of the Deputy Chief of Staff,
Personnel, HQDA, will collect, record, and maintain racial, ethnic
group, and gender data and statistics needed to support the Army EO
Program, to include AAP reporting requirements. Heads of DA Staff
elements, MACOMs, separate agencies, and other activities and units
required to support these efforts are authorized to collect, record,
and maintain data and statistics. Statistical data is maintained for
various aspects of the personnel management subject areas, using the
racial, ethnic, and gender codes found in AR 680-29.
6-15. Narrative and statistical reports on
equal opportunity progress
All MACOMs will submit a Quarterly
Narrative and Statistical Report (QNSR) on equal opportunity
progress to HQDA NLT 30 days following the end of each quarter.
Reports will be submitted to the Human Resources Directorate, Office
of the Deputy Chief of Staff for Personnel via electronic mail.
Units will utilize the automated EO database. Reports will include
the following information:
a. Complaint information. Total number of
formal Army complaints filed by quarter, according to type (i.e.
gender, ethnicity, racial, religious, or sexual harassment), and
whether or not the reports are pending, substantiated or
unsubstantiated. Data also include information on the
complainant’s unit, rank, race, gender, date of complaint, method
of resolution, action taken, the commander’s assessment of the
Human Relations Climate of his or her unit and comments.
b. Command profile. Command position
breakout (brigade, battalion, company commanders, CSMs and 1SGs)
by racial, ethnic and gender groups.
c. Population report. Unit population
racial, ethnicity and gender groups.
d. Major Subordinate Command (MSC) data.
Listing of all MSCs with breakout of total number of brigades,
battalions and companies (MSC MACOM will be included).
e. Also reflects number of EOAs required,
authorized, and on hand.
f. EOA listing. Alphabetical listing of
all EOAs with information on race, gender, unit, level, staffing (TDA
or TOE) and comments. Also includes date EOA arrived and
replacement data.
g. Quarterly EO report. Who conducted
Command Inspection Programs (CIP)/Staff Assistance Visits (SAV),
numbers of training sessions conducted, and number of Commanders
and 1SGs who attended commander’s courses.
h. Unit assessment (UA) report. Listing
of UAs conducted for the quarter by MSC or unit level to include
the tool (MEOCS, TDAS, DA Pam 600-69, the Command Climate Survey
that is mandatory for company commanders, etc.) used to conduct
the UA, and comments.
6-17. Training for civilian duty positions
In the Military Equal Opportunity Program at the Defense Equal
Opportunity Management Institute
a. Allocations. Civilian allocations for
the DEOMI will be controlled by the CG, PERSCOM. The CNGB, CG
FORSCOM, and the CAR will control allocations for their respective
Reserve elements and will prescribe the way in which civilian
requests are submitted.
b. Application. Commanders desiring to
send civilians who are officially assigned to duties in the Army
EO Program to the DEOMI will send an application to the
appropriate MACOM. If approved, the MACOM will request a training
seat from PERSCOM (TAPC-OPA-E), Alexandria, VA 22332-0400. If all
training seats are filled, the request will be considered for a
later class if the MACOM desires. Re-quests for allocations must
be submitted in writing to arrive at PERSCOM no later than 45 days
before the starting date of the requested class.
c. Command notification of the DEOMI.
When the requesting command receives an approved training seat,
the command will provide the Commandant at DEOMI: name, grade, SSN,
educational level, military mailing address, and telephone number
of the candidate for training and the desired course number.
d. Civilian personnel selection
requirements. Civilian personnel prerequisites for attendance at
the DEOMI are as follows:
(1) Be in grade GS-7 or above or be
slated for promotion to GS-7 upon completion of the course.
(2) Occupy or be scheduled to occupy an
officially assigned position in the military EO program in
accordance with applicable position classification standards and
guidelines.
(3) Be considered suitable for EO
duties as determined in an interview con-ducted by the commander
on whose staff the person will be assigned.
e. Request procedures. MACOMs, when
requesting allocations, will send the following information to
PERSCOM:
(1) Class desired to attend.
(2) Willingness to accept an allocation
in a subsequent class if the requested class is filled.
f. Funding. Attendee’s current unit of
assignment provides funding for any "temporary duty and return".
6-18. Equal opportunity special/ethnic
observances
(Ethnic
Observances)
Equal opportunity special/ethnic
observances are conducted to enhance cross-cultural awareness among
all soldiers, civilian employees and their families. These
observances recognize the achievements and contributions made by
members of specific racial, ethnic, or gender groups in our society.
The observances should also promote under-standing, teamwork,
harmony, pride and esprit among all groups, not just within the
specific group being honored.
a. HQDA, ODCSPER possesses general staff
responsibility for establishing policy and identifying the time
period for each observance.
b. MACOM and installation commanders
will—
(1) Develop, plan and conduct
observances during the designated time frames outlined in Table
6-1 or as otherwise directed by HQDA.
(2) Program necessary funding to
conduct annual observance activities within
the EO program budget.
(3) Encourage all members of the
military community to contribute to and participate in the
planning, implementation and conduct of the observance
activities.
(4) Involve members of the staff
elements and subordinate units in the development and conduct of
observance functions.
(5) Select and announce an appropriate
theme for the observance, consistent with the spirit of the
event and the needs of the local community. National or DoD
themes are often published which may be used to augment the
activities.
c. EO Program management or education and
training funds may be spent on activities and publications which
are intended to promote cross-cultural harmony and awareness.
Examples of permissible expenditures include guest speakers,
artistic or cultural activities, food exhibits or samples (samples
are not intended as meals or refreshments). Additionally, funds
may be allocated to commercial entertainment as part of an
educational awareness program. Commanders will en-sure that
projected events amplify the contributions made to the Army and to
society by the featured ethnic, gender or racial group.
d. Commanders will publicize the
cultural/ethnic event in post newspapers and bulletins to provide
widest dissemination possible.
e. Commanders will form a standing
committee to plan cultural observances. Members of the committee
may include the EOA, Morale, Welfare and Recreations (MWR)
officer, Public Affairs Officer (PAO), club managers, unit
chaplains, DoD dependent school representatives, resource
management personnel, and other individuals as necessary.
f. Commanders will encourage maximum use
of recreational facilities to include the post library, recreation
center, theater, etc. for use during observation of the special
events. Suggested activities include the following:
(1) Special displays in libraries
(2) Expositions and displays of arts
and crafts
(3) Special music or drama programs
(4) Programs featuring historical
achievements and contributions by various ethnic groups to
government, education, industry, religion, music and theater
(5) Speeches from local chain of
command and DoD civilians
g. Activities will be designated and
scheduled to allow for maximum attendance by all soldiers and
civilians within the command. Commanders will establish a policy
that ensures that all personnel desiring to participate in these
observances are given a reasonable opportunity to do so.
h. A consolidated annual observance
recognizing members of all racial/ ethnic/gender groups may be
conducted in addition to (but will not be used in place of) the
observances listed in table 6-1.
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