1.1 Purpose. The purpose of this chapter is to provide authority, policy, and guidance on the Affirmative Employment Program within the U.S. Fish and Wildlife Service.
A. Public Law 88-352, Title VII, Civil Rights Act of 1964, as amended.
B. Public Law 92-261, Equal Employment Opportunity Act of 1972.
C. Public Law 93-112, Rehabilitation Act of 1973, as amended.
D. Public Law 95-454, Civil Service Reform Act of 1978.
E. 29 CFR Part 1613,Subpart B, Equal Employment Opportunity in the Federal Government.
F. 29 CFR Part 1614.102(a), (a)(11) and (b)(3), Federal Sector Equal Employment Opportunity.
G. 29 CFR Part 1608,Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as amended.
H. 5 CFR, Part 720, Affirmative Employment Programs.
I. Executive Order 11375, October 1967, Amending Executive Order 11246 Relating to Equal Employment Opportunity in the Federal Government.
J. Executive Order 11478, August 1969, Equal Employment Opportunity in the Federal Government.
1.4 Definitions.
A. Affirmative Employment is a legal concept which requires the Service to do more than ensure employment neutrality with regard to race, color, religion, sex, age, national origin, and physical or mental disabilities. Affirmative employment requires the Service to make additional efforts to recruit, employ, and promote members of groups formerly excluded, even if that exclusion cannot be traced to particular discriminatory actions on the part of the Service. The premise of affirmative employment is that positive action is necessary to overcome the effects of past systemic exclusion and discrimination.
B. Affirmative Employment Plan (AEP) is an agency's written outline of affirmative employment program objectives and planned actions, based on workforce analysis and in accordance with Equal Employment Opportunity Commission guidelines, to address identified problems and/or barriers that prevent equal opportunity for minorities, women and people with disabilities in hiring, promotion and career development.
C. Racial and Ethnic Categories are defined by the Office of Personnel Management as the basic racial and ethnic categories for Federal statistics, program planning, and reporting by gender. They are as follows:
(1) American Indian/Alaskan Native is defined as a person having origins in any of the original peoples of North America, and who maintains cultural identification through community recognition or tribal affiliation.
(2) Asian American/Pacific Islander is defined as a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, but is not limited to, China, India, Korea, the Philippine Islands, and Samoa.
(3) Black, Not of Hispanic Origin, is defined as a person having origins in any of the Black racial groups of Africa. This does not include persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin (See Hispanic).
(4) Hispanic is defined as a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin and whose native or ancestral language is Spanish. Included in this group are persons of Mexican, Puerto Rican, or other Spanish speaking origins (including persons of Spanish speaking background whose surnames are no longer Spanish due to marriage or other reasons). This does not include persons of Portuguese culture or origin.
(5) White, Not of Hispanic Origin is defined as a person having origins in any of the original peoples of Europe, North Africa, or the Middle East. This does not include persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin (Hispanic). Also, included are persons not included in other categories above.
(6) Minorities are those persons in groups 1 through 4 above.
D. Women are defined as persons of the female sex and include non-minority as well as minority women.
E. Disabled Veteran is defined as a U.S. Armed Forces veteran who was discharged from active duty because of a service-connected disability and is entitled to Department of Veterans Affairs compensation.
F. Individuals with Disabilities are defined as those who have a physical and/or mental impairment that substantially limits one or more of life's major activities (explained below), have a record of such an impairment, or are regarded as having such an impairment.
G. Major Life Activities are defined as, but are not limited to, caring for oneself, performing manual tasks, walking, standing, hearing, speaking, breathing, learning, seeing, and working.
H. Targeted Disabilities are defined as severe disabilities which usually make it difficult for the persons with the disability to obtain employment. These disabilities must be addressed when preparing affirmative employment plans and reports. The targeted disabilities are deafness, blindness, missing extremities, partial/complete paralysis, mental retardation, convulsive disorders, and distortion of limbs or spine.
I. Qualified Disabled Person, with respect to employment, is defined as a person with a disability who, with or without reasonable accommodation, can perform the essential functions of the position in question without endangering the health and safety of the individual or others and who, depending upon the type of appointing authority used: (1) meet the experience and/or education requirements of the position in question, or (2) meets the criteria for appointment under one of the special appointing authorities for people with disabilities.
J. Underrepresentation is defined as a comparison between the percent of a particular race/national origin group by gender in a category or occupation of Federal employment and the percentage of the same group in the appropriate civilian labor force.
K. Civilian Labor Force is defined as all persons 16 years of age and over, except those in the armed services, who are employed or who are unemployed and seeking employment. Civilian Labor Force (CLF) data are defined by the Bureau of the Census and the Bureau of Labor Statistics. The CLF data are reported in the most recent decennial or mid-decade census, or current population survey, under Title 13 of the United States Code or any other reliable statistical study.
L. Parity is defined as the percentage of employees in a particular agency whose race, national origin, and gender (RNOG) in specific occupational groups or major occupations equal the percentage of the same RNOG groups in the CLF.
M. Underutilization is the condition of having individuals in the workforce who possess knowledge, skills, and abilities beyond their present assignments or who possess the potential to develop beyond their present positions.
N. Qualifiable is the condition of having individuals who do not presently possess the requisite qualifying factors for lateral or promotional placement but who, through specialized training and/or assignments, may advance into an underrepresented employment category.
O. Barrier Analysis is defined as a review and analysis of policies and procedures to determine those policies and procedures which impede agency efforts to eliminate underrepresentation or to offer equal employment opportunities to underrepresented groups or people with disabilities.
P. Systemic Barriers are defined as procedures and policies which, although they may be applied equally to all employees and applicants, adversely affect underrepresented groups.
Q. Nondiscrimination is defined as the elimination of all existing discriminatory conditions, whether purposeful or inadvertent.
1.5 Responsibility.
A. The Director exercises personal leadership and provides the necessary resources needed to administer and maintain an effective AEP. The Director also assures accountability of managers and supervisors through the use of the Performance Management System.
B. The Chief, Office for Human Resources, serves as the principal staff person responsible for advising the Director on the administration of the EEO-Human Resources Program; recommending improvements to program effectiveness and conducting activities to enhance program support and awareness. The Chief also establishes policies, procedures and technical guidelines for employees who perform EEO-Human Resources duties; and evaluates program status and compliance through internal monitoring systems and on-site reviews.
C. The Chief, Branch of Affirmative Employment and Civil Rights Compliance, provides staff support to the Chief, OHR with responsibility for coordinating the Service's AEP and recommends Servicewide policy and procedural guidance, and overall program goals and objectives.
D. The Regional Directors and Assistant Directors provide leadership and resources to maintain an effective AEP within their organizational units. They also ensure compliance with the Service's AEP policy and procedures by their managers and supervisors.
E. The Assistant Regional Directors - Human Resources and the Headquarters Coordinator provide advice and assistance to the Regional Director in the implementation of Regional policies and procedures, as well as policies and procedures established by the Director. They also provide guidance and advice on AEP matters to managers, supervisors, and employees within their organizational units; identify underrepresentation, underutilization, and systemic barriers within their organizational units and establish plans to eliminate them; and establish effective liaison with community, academic, and other recruitment sources.
F. Managers and Supervisors comply with Service AEP program guidelines by demonstrating accountability for EEO principles in all employment decisions such as staffing, promotion, training, reassignments, details, and awards; making positive efforts to enhance EEO program objectives and those initiatives established by the AEP; and supporting employees assigned to perform EEO duties.
1.6 Affirmative Employment Program Goals.
A. Affirmative employment goals are established for the purpose of overcoming underrepresentation and underutilization of minorities, non-minority women, and individuals with disabilities including disabled veterans:
B. When filling vacant positions, selecting officials will ensure that affirmative consideration is given those individuals who fulfill organizational requirements in terms of specific program requirements and affirmative employment goals.
C. Affirmative employment may be used as part of the selecting factor when:
(1) There is an AEP approved by EEOC; and
(2) The AEP identifies underrepresentation for that occupational series or category.
1.7 Affirmative Employment Plan.
A. Planning Requirements. The EEOC's Management Directives (MD) 712 and 714 contain specific requirements for developing Affirmative Employment Plans for minorities and women (MD 714) and for persons with disabilities (MD 712). The Federal Personnel Payroll System data system provides special reports for the both Affirmative Employment Plans at the end of each Fiscal Year. These reports include data on changes in the workforce profile during the fiscal year, underrepresentation indices for occupational groupings and major occupations, and statistics on employees with disabilities. In developing the AEP for minorities and women, the information in (1) through (6) below must be included. In developing the AEP for persons with disabilities, the information in (7) and (8) below must be included.
(1) A workforce profiles which depicts the current representation/underrepresentation of all race/national origin groups by gender within the workforce.
(2) An analysis of impediments to recruitment and retention of underrepresented groups.
(3) A determination of recruitment sources/techniques which attract a wider applicant pool with particular emphasis on underrepresented groups.
(4) Plans to ensure the full utilization of all Service employees through options such as training and job restructuring.
(5) Plans to eliminate underrepresentation at all levels of the workforce by establishing realistic affirmative employment goals.
(6) Plans for the elimination of sexual harassment, including specific training on prevention of sexual harassment.
(7) Plans to eliminate physical barriers for people with disabilities.
(8) Plans to accommodate people with disabilities.
B. Occupational Categories are used for preparation of the Affirmative Employment Plan for minorities and women. These groupings are referred to as PATCOW and include the following:
(1) Professional. Positions which have positive education requirements such as biologists, veterinarians, accountants, and engineers.
(2) Administrative. Positions such as personnel, equal opportunity, computer, or public affairs specialists; budget, program, or management analysts; and administrative officers.
(3) Technical. Positions such as biological aides or technicians; administrative aides; and personnel and equal opportunity assistants.
(4) Clerical. Positions such as a secretary, clerk typist, office automation clerk, and miscellaneous clerk (at grades 1 through 5).
(5) Other. Positions such as student trainee, student employment program, and stay-in-school.
(6) Wage Grade. Positions classified as wage grade, wage leader, or wage supervisor such as maintenance mechanic, laborer, and grounds maintenance.
C. Major Occupations are defined by the EEOC as those series which have 100 or more people. The major occupations in the Service at the end of Fiscal Year 1993 were:
(1) Professional.
(a) General Biologist (Series 401).
(b) Fish and Wildlife Administrator (Series 480).
(c) Fishery Biologist (Series 482).
(d) Wildlife Refuge Management (Series 485).
(e) Wildlife Biologist (Series 486).
(2) Administrative.
(a) Computer Specialist (Series 334).
(b) Realty Specialist (Series 1170).
(c) Game Law Enforcement (Series 1812).
(3) Technical.
(a) Miscellaneous Clerk and Assistant (Series 303 in grades 6 through 13).
(b) Biological Technician (Series 404).
(4) Clerical.
(a) Miscellaneous Clerk and Assistant (Series 303 in grades 1 through 5).
(b) Secretary (Series 318).
(c) Office Automation Clerk and Assistant (Series 326).
(5) Other. Biology Science Student Trainee (Series 499).
(6) Wage Grade.
(a) Maintenance Mechanic (Series 4749).
(b) Animal Caretaking (Series 5048).
(c) Engineering Equipment Operating (Series 5716).
1.8 Human Resources Initiatives. In 1989, the Service established Human Resources Initiatives (Initiatives) to supplement the AEP. The Initiatives expand upon all aspects of the AEP and focus particularly on the elimination of barriers through proactive action items. These Initiatives, established to cover two fiscal years by the Director in conjunction with the Regional Directors and Assistant Directors, are monitored by the Office for Human Resources to determine the results achieved and reviewed at the end of each fiscal year to determine any needed changes.
1.9 Accountability. All Service supervisors and managers are required to have a critical performance element on human resources. The Chief, Office for Human Resources reviews the accomplishments of the Assistant Directors and Regional Directors and provides written input to the Director for both midyear and performance year reviews.
1.10 Reporting Requirements.
A. Affirmative Employment Program Report and Plan Update (R062-1A).
(1) An annual accomplishment report and update of the Affirmative Employment Program Plan for Women and Minorities (R062-1A) is required by the Equal Employment Opportunity Commission (EEOC) by April 15 of each year. The report and plan update is submitted by OHR to the Department's OEO by December 1 of each year for consolidation with report information from other Bureaus. The plan and report are prepared with the assistance of senior managers, the Division of Personnel Management and the National Education and Training Center (NETC). Report R062-1A provides a statistical and narrative analysis of the Service's affirmative employment program accomplishments and plan for the next fiscal year. It addresses the following areas: organization and resources, composition of the workforce, recruitment and hiring, employee development, promotions, separations, program evaluations.
(2) Each Region must also prepare an AEP Accomplishment Report and Update for Women and Minorities. The Assistant Regional Directors - Human Resources or Headquarters Office Coordinator also involve managers, supervisors, and the Personnel Office in the report and plan preparation. The completed report and plan update should be submitted to the Office for Human Resources for review and approval by November 1 of each year and a copy submitted to the applicable Regional EEOC. These are used in preparing the R062-1A.
B. Human Resources Initiative Reports (R062-1B and R062-1C). Progress and accomplishment reports of the Human Resources Initiatives are prepared annually (R062-1B) and distributed to the Service Directorate. Quarterly, reports (R062-1C) are submitted by the Regions to OHR, 30 days after the end of each quarter of the fiscal year. The quarterly reports are the primary source of data for the annual report. The reports provide an analysis of workforce diversity and discrimination complaints, and a narrative on outreach and recruitment activities, training, career development, the Federally Assisted and Federally Conducted programs, the Director's Special Initiatives, awards/recognition and other activities as requested.
C. The Federal Equal Opportunity Recruitment Program Plan Report (R062-1D) is also required on an annual basis. Each Region through this plan and narrative report is required to outline internal and external recruitment strategies and accomplishments in the following areas: student programs, partnerships, entry level hiring, executive and management development, glass ceiling, work and family, and outreach activities. Regional plans and reports are submitted to OHR by October 15 and the Service report is due to OEO by October 31 of each year. Copies this report and plan are distributed to the Service Directorate.