[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Pages 30134-30135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11869]



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Part VII





Department of Labor





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Delegation of Authorities and Assignment of Responsibilities for the 
Department of Labor's Internal Equal Employment Opportunity Programs; 
Notice

  Federal Register / Vol. 69, No. 102 / Wednesday, May 26, 2004 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 1-2004]


Delegation of Authorities and Assignment of Responsibilities for 
the Department of Labor's Internal Equal Employment Opportunity 
Programs

    1. Purpose. To establish policy, delegate authority, and assign 
responsibility for complying with and enforcing equal employment 
opportunity (EEO) laws and regulations applicable to Federal employment 
in the Department of Labor (DOL).
    2. Authority and Directives Affected.
    a. Authority. This Order is issued pursuant to civil rights and 
nondiscrimination statutes, executive orders, and implementing 
regulations related to Federal employment and equal employment 
opportunity programs. This includes, but is not limited to: Title VII 
of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Age 
Discrimination in Employment Act of 1967, as amended, the 
Rehabilitation Act of 1973, as amended; the Civil Service Reform Act of 
1978; the Civil Rights Act of 1991; the No FEAR Act; Executive Order 
11478, as amended; Executive Order 11375, as amended; Executive Order 
13145; Executive Order 13163; Executive Order 13164; Executive Order 
13171; 5 U.S.C. 720 (marital status and political affiliation); 5 
U.S.C. 7201 (Federal Equal Opportunity Recruitment Program); 38 U.S.C. 
4214 (Disabled Veterans Affirmative Action Plan); 29 U.S.C. 791 
(Affirmative Action Program Plan for Individuals with Disabilities); 38 
U.S.C. 4212 (Vietnam Era Veterans' Readjustment Assistance Act of 
1974), as amended; 29 CFR 1614 (EEOC Complaint Procedures Regulations); 
and the Equal Employment Opportunity Commission's (EEOC) Management 
Directives 110 (Complaint Processing) and 715 (Affirmative Action).
    b. Directives Affected. Secretary's Order 03-96 is cancelled.
    3. Policy. It is the policy of the Department to provide equal 
employment opportunity for all DOL employees and applicants for DOL 
employment in accordance with applicable federal statutes, regulations, 
executive orders and departmental policy.
    4. Scope. This Order applies to all DOL personnel, organizational 
components, and activities.
    5. Delegation of Authority and Assignment of Responsibilities.
    a. The Assistant Secretary for Administration and Management 
(``ASAM'') is delegated authority and assigned responsibility for:
    (1) Administering a comprehensive, department-wide program to carry 
out the Department's equal employment opportunity policy and fulfilling 
the Department's obligations arising from equal employment opportunity 
statutes and their implementing executive orders, rules, regulations, 
and guidelines covering Federal employees and applicants for Federal 
employment;
    (2) Appointing Departmental managers for special emphasis programs, 
such as the Federal Women's Program, Hispanic Employment Program, and 
the Disability Employment Program;
    (3) Preparing Employment Program plans for women and minorities and 
making recommendations to Agency Heads for any necessary modifications 
prior to preparing and forwarding the Departmental plan to the 
Secretary of Labor for transmittal to EEOC;
    (4) Preparing the Department's Disabled Veterans Affirmative Action 
Program (DVAAP), Federal Equal Employment Opportunity Recruitment 
Program (FEORP) plans, and the Affirmative Employment Program Plan for 
Individuals with Disabilities;
    (5) Providing effective leadership in the implementation of special 
employment programs, such as the Federal Women's Program and the 
Hispanic Employment Program; and
    (6) Making further delegations of the authority and assignments of 
the responsibility described in 5a of this Order.
    b. The Director of the Civil Rights Center (``CRC''), within the 
Office of the Assistant Secretary for Administration and Management, is 
delegated the authority and assigned the responsibility for:
    (1) Administering all aspects of the administrative processing of 
discrimination complaints filed by employees and applicants for 
employment in accordance with 29 CFR part 1614 including, but not 
limited to, providing for counseling, alternative dispute resolution, 
and investigation of such complaints, except those that include 
allegations against the CRC, the immediate office of the ASAM and for 
other complaints determined by the Director of the CRC to constitute a 
potential conflict of interest;
    (2) Issuing final decisions and taking final actions on 
discrimination complaints in a timely manner in accordance with 29 CFR 
part 1614, except those decisions on complaints filed by employees and 
applicants for employment arising from within the Office of the 
Inspector General, which will be issued by the Secretary;
    (3) Appointing counselors, fact-finders, mediators or other 
individuals to engage in alternative dispute resolution;
    (4) Preparing such EEO-related reports as may be required by the 
EEOC or the Office of Personnel Management, except the DVAAP plan, the 
FEORP plan and Affirmative Employment Program Plan for Individuals with 
Disabilities;
    (5) Advising the Secretary of Labor, through the ASAM, about the 
status of equal employment opportunity throughout DOL;
    (6) Recommending changes to programs and procedures designed to 
eliminate practices that act as barriers to the hiring and advancement 
of women, minorities, and persons with disabilities, with the goal of 
improving the Department's overall EEO Program;
    (7) Advising the agencies about physical and program accessibility 
issues that affect individuals with disabilities;
    (8) Evaluating the sufficiency of the total Agency program for 
equal employment opportunity and reporting to the head of the Agency 
with recommendations as to any improvements or corrections needed, 
including remedial and disciplinary action with respect to managerial, 
supervisory or other employees who have failed in their 
responsibilities;
    (9) Reviewing appeal recommendations by a Department of Labor 
Agency and counsel representing the Agency at hearings before the EEOC 
and deciding, with the concurrence of the Office of the Solicitor, 
whether to appeal adverse decisions issued by EEOC administrative 
judges; and
    (10) Making further delegations of authority and assignments of the 
responsibilities described in 5b of this Order.
    c. The Solicitor of Labor is delegated authority and assigned 
responsibility for the following aspects of the Department's EEO 
program:
    (1) Providing counsel to the Secretary, ASAM, the Director of the 
CRC, and Agency Heads in implementing the Department's EEO program;
    (2) Providing legal representation to the Department at hearings 
and court proceedings arising out of the EEO program;
    (3) Providing legal advice to managers, supervisors, and other 
employees who are assisting management in personnel matters during the 
course of their official duties, and who, in their official capacity, 
request a review of their EEO affidavits prior to their submission to 
an EEO

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investigator for inclusion in the EEO file;
    (4) Providing advice and counsel to the CRC regarding appeal 
recommendations as described in 5b(9) of this Order; and
    (5) Making further delegations of authority and assignments of the 
responsibilities described in 5c of this Order.
    d. The Chair of the Administrative Review Board is delegated 
authority and assigned responsibility for the following aspects of the 
Department's EEO programs:
    (1) Providing for all aspects of the administrative processing of 
discrimination complaints including the assignment of counselors, 
investigators, and the issuance of final decisions in complaints 
involving allegations of discrimination against the CRC, the immediate 
office of the ASAM, and for those complaints determined by the Director 
of the CRC to constitute a potential conflict of interest; and
    (2) Making further delegations of the authority and assignment of 
responsibilities described in 5d of this Order.
    e. DOL Agency Heads are delegated authority and assigned 
responsibility for leadership in the implementation of the Department's 
EEO program and policies within the Agency pursuant to policy direction 
from the ASAM and procedural guidance from the Director of the CRC or 
the officials acting in those capacities. Such responsibilities 
include, but are not limited to, the following:
    (1) Providing active support of, and participation in, the planning 
and implementation of affirmative employment and special emphasis 
program initiatives including the appointment of EEO Coordinators and 
the establishment of EEO Committees;
    (2) Assuring full and prompt cooperation of Agency employees and 
officials with DOL's EEO policies, procedures, and direction from 
officials charged with implementing DOL's equal employment opportunity 
program;
    (3) Providing sufficient Agency funds and other resources to assure 
effective implementation of DOL's EEO policies and procedures including 
training of employees on EEO matters, expenditures related to 
reasonable accommodations, such as payment of interpreter services, and 
medical review of reasonable accommodation requests;
    (4) Providing facilities for and bearing all costs related to a 
discrimination complaint filed against the Agency including, but not 
limited to, Agency EEO counselor training and travel as may be 
required, all hearing costs, settlement costs, including compensatory 
damages, and attorney fees as may be applicable; and
    (5) Making further delegations of the authority and assignment of 
responsibilities described in 5e of this Order.
    f. The Office of the Chief Financial Officer is delegated authority 
and assigned responsibility for the following aspects of the 
Department's EEO programs:
    (1) Processing the payment of all awards and/or settlement 
agreements resulting from EEO complaints; and
    (2) Making further delegations of the authority and assignment of 
responsibilities described in 5f of this Order.
    6. Effective Date. This Order is effective immediately.

    Dated: April 15, 2004.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 04-11869 Filed 5-25-04; 8:45 am]
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