United States Military Academy Equal Opportunity Training

   
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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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