Display Related Directives to this directive.

DOE O 311.1B 3-5-03
Errata Sheet
This Errata Sheet transmits an administrative change to DOE O 311.1B, EQUAL
EMPLOYMENT OPPORTUNITY AND DIVERSITY PROGRAM, dated 2-12-03. In
paragraph 4.e. the word "biannual" should be changed to "biennial." The change has been made
in this Order.

U.S. Department of Energy ORDER
Washington, D.C.

Approved: 2-12-03
Sunset Review: 2-12-05
Expires: 2-12-07

SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY AND DIVERSITY PROGRAM

1. OBJECTIVES.

a. To promote diversity at the Department of Energy (DOE), and to foster a culture
of inclusion and respect.

b. To provide equal opportunity in employment for all DOE employees and
applicants and to alleviate conspicuous absences and/or manifest imbalances.

c. To promote through appropriate monitoring and educational programs the full
realization of equal employment opportunity (EEO) for minorities, women, and
people with disabilities.

d. To identify and eliminate systemic or institutional barriers to employment, both
physical and nonphysical.

e. To prohibit discrimination in employment due to race, color, religion, sex
(including sexual harassment), national origin, age, disability (physical or mental),
sexual orientation (including sexual orientation harassment), or reprisal for prior
participation in the EEO process.

f. To develop, implement, and monitor an EEO counseling, complaints, and
investigations program in accordance with laws, rules, regulations, policies, and
procedures that prohibit discrimination and to provide for the prompt, equitable
adjudication of complaints filed by individuals or classes.

g. To ensure that applicants for and recipients of Federal financial assistance are in
compliance with civil rights laws that prohibit discrimination in programs,
projects, and activities.

h. To implement an affirmative employment program to promote EEO for
minorities, women, and people with disabilities.

2. CANCELLATION. DOE O 311.1A, Equal Employment Opportunity and Diversity
Program, dated 12-30-96. Cancellation of an Order does not, by itself, modify or
otherwise affect any contractual obligation to comply with the Order. Cancelled Orders

incorporated by reference in a contract must remain in effect until the contract is modified
to delete the reference to the requirements in the cancelled Orders.

3. APPLICABILITY. This Order applies to all DOE elements, including the National
Nuclear Security Administration (see Attachment 1).

4. REQUIREMENTS.

a. Heads of DOE elements must submit EEO-related and diversity-related reports
when requested by the Director of the Office of Economic Impact and Diversity or
the Director for Civil Rights and Diversity or their designees.

b. DOE elements with EEO complaint processing functions must interface with the
Office of Economic Impact and Diversity=s Complaint Tracking System by
updating their respective cases and those cases which have been assigned to them
from Headquarters (HQ) or other field elements within the prescribed timeframes.
Users will have limited access to any site to which they are not authorized.

c. All DOE nonsupervisory employees must participate in a minimum of 3 hours of
EEO/diversity training annually. All DOE supervisory employees must
participate in 4 hours of EEO/diversity training annually. Individuals must engage
in 4 hours of supervisory EEO/diversity training before (or within 3 months
following) appointment to supervisory positions.

d. All DOE employees are responsible for ensuring the Department is free from
discrimination on the basis of race, color, religion, sex (including sexual
harassment), national origin, reprisal, age, physical or mental disability, or sexual
orientation (including sexual orientation harassment).

e. All DOE employees must participate in a minimum of 3 hours of training on the
prevention of sexual harassment on a biennial basis. This training is not a
substitute or replacement for the annual training on EEO/diversity (paragraph 4c).

f. DOE contracting officers must ensure that recipients of financial assistance
awards provide the standard Government-wide assurances, which include an
assurance of nondiscrimination, before receiving an award or a renewal or as a
condition of an award or a renewal.

g. Applicants for and recipients of Federal financial assistance must comply with all
legal nondiscrimination obligations. In addition, applicants for and recipients of
Federal financial assistance should strive to comply with all DOE policies issued
by the Secretary of Energy regarding EEO and diversity.

5. RESPONSIBILITIES.

a. The following DOE officials are hereby designated as appropriate officials with
whom to file an individual or class complaint of discrimination and must ensure
any complaint received is promptly forwarded to appropriate personnel for
processing:

(1) Secretary of Energy (or designee);

(2) Director, Office of Economic Impact and Diversity (or designee);

(3) Director, Office of Civil Rights and Diversity (or designee);

(4) heads of field elements (or designees); and

(5) field element EEO/diversity program managers.

b. Secretary of Energy.

(1) Ensures that the Department complies with all laws, executive orders, and
regulations that prohibit discrimination and provide EEO for all DOE
employees and applicants, and (to the maximum extent possible) for all
DOE contractor employees.

(2) Exercises personal leadership regarding the Departmental EEO and
diversity program to ensure fair treatment in every aspect of DOE policy
and practice, including recruitment, selection, employee development,
promotion, awards, and other terms and conditions of employment.

c. Director, Office of Economic Impact and Diversity.

(1) Sets EEO and diversity policy and ensures the development of appropriate
personnel programs and procedures to execute that policy.

(2) Receives complaints of discrimination and forwards them to appropriate
personnel for processing.

(3) Ensures EEO and diversity programs within the Department conform to
established laws, rules, regulations, policies, and procedures.

d. Director, Office of Civil Rights and Diversity.

(1) Serves as the principal official and advisor to the Director of the Office of
Economic Impact and Diversity on all matters pertaining to the
Department's EEO and Diversity Program policy.

(2) Provides leadership in the development of guidelines and procedures
(including delegation of authority) that are necessary to accomplish EEO
and diversity policy and objectives, and provides technical oversight of
EEO and diversity programs.

(3) Provides guidance and direction to HQ special emphasis program
managers/diversity coordinators.

(4) Ensures the development and effective implementation of the following
programs in all DOE organizations in accordance with applicable laws,
rules, and regulations:

a. Affirmative Action Program for Persons with Disabilities,
b. Affirmative Employment Program for Minorities and Women,
c. Disabled Veterans Affirmative Action Program,
d. Federal Equal Opportunity Recruitment Program,
e. federally assisted programs, and
f. special emphasis programs.

(5) Implements and monitors the Department=s procedures for processing
complaints of sexual orientation discrimination (including sexual
orientation harassment) in accordance with the Department=s policies
prohibiting such discrimination.

(6) Ensures timely, fair, and impartial consideration, investigation, and
disposition of complaints of discrimination.

(7) Exercises final decision-making authority on complaints of discrimination
pursuant to 29 C.F.R Part 1614, orders such corrective measures as may be
considered necessary, and recommends disciplinary action as deemed
appropriate.

(8) Establishes and maintains a complaint tracking system, and provides
guidance to appropriate DOE elements on interfacing with that system.

(9) Establishes HQ EEO or special emphasis advisory committees as needed,
and recruits representatives from throughout DOE to assist in the
recruitment, development, advancement, and retention of minorities,
women, and people with disabilities.

(10) Ensures allegations of discrimination in Federally assisted programs are
investigated promptly and thoroughly by the EEO/diversity program office
or industrial relations office (where one exists).

(11) Conducts (or oversees the conduct of) preaward reviews of all applicants
and postaward compliance reviews of selected recipients of Federal
financial assistance, and undertakes compliance negotiations when a
recipient is not in compliance with applicable civil rights laws, rules,
regulations, policies, or procedures.

(12) Establishes evaluation teams to conduct EEO, diversity, and Federal
Financial Assistance assessments of the field elements, as appropriate.

(13) Conducts second-level oversight of DOE contractor EEO and diversity
initiatives.

(14) Serves as the HQ EEO officer and implements an HQ EEO and diversity
program function to service Secretarial and all other HQ program offices.

e. Heads of Field Elements.

(1) Ensure compliance with all laws, executive orders, and regulations that
prohibit discrimination, and provide EEO for all DOE employees,
applicants, and (to the maximum extent possible) contractor employees.

(2) Exercise personal leadership regarding the EEO and diversity program to
ensure fair treatment in every aspect of DOE policy and practice, including
recruitment, selection, employee development, promotion, awards, and
other terms and conditions of employment.

(3) Ensure that sufficient personnel and fiscal resources are provided to
administer an effective EEO and diversity program.

f. Field Element EEO and Diversity Program Managers.

(1) Manage the daily functions of field organization EEO and diversity
programs, serving as the principal officials and advisors, reporting directly
to the heads of their respective field elements.

(2) Process complaints of discrimination through the investigation stage to
ensure timely, fair, and impartial consideration, investigation, and
disposition, and (where delegated) prepare proposed dispositions
following investigations.

(3) Perform EEO and diversity duties in accordance with policy guidance and
direction from the Director of the Office of Economic Impact and
Diversity and the Director of the Office of Civil Rights and Diversity.

g. Supervisors and Managers.

(1) Implement the Department's EEO, diversity, and affirmative employment
programs within their organizations.

(2) Foster and maintain a workplace free from discriminatory practices.

(3) Participate in training programs designed to enhance their ability to
perform these functions.

h. HQ Special Emphasis Program Managers/Diversity Coordinators.

(1) Coordinate diversity activities within their respective program elements.

(2) Provide assistance to the Office of Civil Rights and Diversity in
coordinating and conducting HQ special emphasis programs.

(3) Perform other duties in accordance with guidance from the Director of the
Office of Civil Rights and Diversity.

i. Director, Office of Procurement and Assistance Management. Coordinates with
the Director of the Office of Civil Rights and Diversity to develop, publish for
public comment, and incorporate into the National Nuclear Security
Administration and DOE acquisition regulation EEO- and diversity-related
contract clauses and clause prescriptions for non-site-/non-facility-management
contracts.

6. REFERENCES.

a. Public Law (P.L.) 88-352, the ACivil Rights Act of 1964,@ Title VII, as amended
by P.L. 92-261, the AEqual Employment Opportunity Act of 1972,@ which
prohibits discrimination in Federal employment based on race, color, religion, sex,
or national origin. Federal agencies are required to maintain an affirmative action
and EEO program for all employees and applicants for employment.

b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S. Code (U.S.C.)
Section 2000d-7, which requires that no person in the United States shall, on the
basis of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination under any
program or activity receiving financial assistance from DOE.

c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C., Sections
1681–1688, which prohibit discrimination on the basis of sex in educational
programs or activities receiving financial assistance from DOE.

d. P.L. 90-202, the AAge Discrimination in Employment Act of 1967,@ as amended
by P.L. 93-259 and P.L. 95-256, which prohibits discrimination in Federal
employment based on age.

e. Section 504 of the ARehabilitation Act of 1973,@ as amended, P.L. 93-112, which
prohibits discrimination in Federal employment based on physical or mental
handicap.

f. Section 501 of the ARehabilitation Act of 1973,@ as amended, P.L. 93-112, which
provides for the employment of individuals with disabilities.

g. Section 505 of the ARehabilitation Act of 1973,@ as amended, P.L. 93-112, which
provides for remedies and attorneys= fees for individuals with disabilities.

h. P.L. 94-135, the AAge Discrimination Act of 1975,@ which prohibits
discrimination on the basis of age in programs or activities receiving Federal
assistance from Federal agencies.

i. P.L. 95-454, the ACivil Service Reform Act of 1978,@ which requires fair and
equitable treatment of Federal employees and applicants for employment without
regard to race, color, religion, sex, national origin, age, or handicapping condition
and establishes a program under which Federal agencies are required to conduct
affirmative recruitment for those occupations and grades within the workforce
where there is underrepresentation of minorities and women.

j. Executive Order 11478, AEqual Opportunity in the Federal Government,@ dated
8-8-69, which requires the head of each executive department to establish and
maintain an affirmative employment program to ensure enforcement of Federal
EEO policy.

k. Title 5, Code of Federal Regulations (CFR), Part 720, AAffirmative Employment
Programs,@ which requires Federal agencies to conduct a continuing program for
the internal and external recruitment of minorities and women.

l. Title 10 CFR, Part 1040, ANondiscrimination in Federally Assisted Programs,@
which prohibits discrimination on grounds of race, color, national origin, sex,
handicap, or age in programs and activities receiving Federal assistance from
Federal agencies.

m. Title 29 CFR, Part 1604.11, ASexual Harassment,@ which sets forth guidelines on
the identification and prevention of sexual harassment.

n. Title 29 CFR, Part 1607, AUniform Guidelines on Employee Selection
Procedures,@ which provides principles and guidance for ensuring employee
selection procedures are job-related and valid and do not discriminate on the basis
of race, color, religion, national origin, or sex.

o. Title 29 CFR, Part 1608, AAffirmative Action Appropriate Under Title VII of the
Civil Rights Act of 1964,@ as amended, which provides guidance and clarifies the
kinds of voluntary actions appropriate under Federal law.

p. Title 29 CFR, Part 1614, AFederal Sector Equal Employment Opportunity,@ which
provides a statement of the process for filing a Federal sector EEO complaint of
discrimination and which requires the heads of Federal agencies to exercise
personal leadership in establishing, maintaining, and carrying out a continuing
affirmative employment program designed to promote equal opportunity in every
aspect of Federal personnel policy and practice, including development,
advancement, and treatment of employees.

q. Equal Employment Opportunity Commission Management Directives, which
provide instructions for developing affirmative employment/affirmative action
program plans; instructions for accomplishment reports; and updates such as
Equal Employment Opportunity Commission Management Directive 110 (EEO
MD-110), dated 11-9-99, which provides policy, procedures, and guidance
relating to processing employment discrimination complaints governed by
29 CFR, Part 1614.

r. P.L. 102-166, the ACivil Rights Act of 1991,@ which provides appropriate
remedies for intentional discrimination and unlawful harassment in the workplace.

s. P.L. 101-336, the AAmericans with Disabilities Act of 1990,@ which provides
remedies for discrimination on the basis of disability by private employers holding
Government contracts or subcontracts.

t. P.L. 88-38, the AEqual Pay Act of 1963,@ which prohibits discrimination on the
basis of sex in the payment of wages for similar employment.
u. Executive Order 11246, ANondiscrimination in Federal Contracts,@ signed
9-24-65, as amended, which governs nondiscrimination and affirmative action in
employment by Government contractors.

v. Title 41 CFR, Part 60, which implements the nondiscrimination and affirmative
action requirements of Executive Order 11246, as amended, and the affirmative
action requirements for covered veterans and handicapped individuals.

7. CONTACT. Questions regarding this Order should be referred to the Office of Civil
Rights and Diversity at 202-586-2218.

BY ORDER OF THE SECRETARY OF ENERGY:

KYLE E. McSLARROW
Deputy Secretary

DOE ORGANIZATIONS TO WHICH
DOE O 311.1B IS APPLICABLE

This Order is applicable to the following DOE organizations and their associated Federal field
elements.

Office of the Secretary
Chief Information Officer
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Departmental Representative to the Defense Nuclear Facilities Safety Board
Office of Economic Impact and Diversity
Office of Energy Efficiency and Renewable Energy
Energy Information Administration
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of the Inspector General
Office of Intelligence
Office of Management, Budget and Evaluation and Chief Financial Officer
National Nuclear Security Administration
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Secretary of Energy Advisory Board
Office of Security
Office of Worker and Community Transition
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Power Administration
DOE O 311.1B 2
2-12-03

DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Economic Impact and Diversity
2 DOE O 311.1B
2-12-03

DOE O 311.1B 3
2-12-03

DOE O 311.1B 9 (and 10)
2-12-03

10 DOE O 311.1B
2-12-03

DOE O 311.1B 9 (and 10)
DRAFT XX-XX-03

Attachment 1 DOE O 311.1B
Page 2 2-12-03

DOE O 311.1B Attachment 1
2-12-03 Page 1