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CHAPTER 1. PROGRAM BASIS, STRUCTURE, AND OBJECTIVES

1-1 LEGAL AUTHORITY. This Handbook is issued under

provisions of Executive Order 11478 and in

accordance with EEOC (29 CFR 1613) and OPM (5 CFR

720\) regulations implementing Title VII of the Civil

Rights Act of 1964, as amended by the Equal

Employment Opportunity Act of 1972, the provisions

of the Civil Service Reform Act of 1978, HUD

Regulations (24 CFR Part 7), and Federal Personnel

Manual (FPM) Letters No. 713-18, 713-23, 713-37, and

713-41 which implement the Hispanic Employment

Program.

A. The executive order and regulations emphasize

the use of affirmative employment programs to

assure equal employment opportunity regardless

of race, color, religion, sex, age, national

origin, or disability. They obligate Federal

departments and agencies to provide sufficient

resources to administer their equal employment

opportunity programs in a positive and

effective manner.

B. The following is a synopsis of significant EEO

legislation from 1964 to the present:

1964 Civil Rights Act (P.L. 88-352).

Defined discrimination and identified

protected group members. This law

focused on the issues and effects of

discrimination in areas such as

employment, loans, education, and

public facilities.

1967 Executive Order 11375. Added sex as

a basis to other existing forms of

prohibited discrimination in the

Federal Government.

1967 Age Discrimination in Employment Act.

Protects individuals 40 years or

older from discrimination based on

age.

1969 Executive Order 11478. Dealt

exclusively with Federal Government

employment. Applied the concept of

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8051.1 REV-1

EEO to the Federal Government,

enunciated affirmative action, and

emphasized upward mobility.

1972 Equal Employment opportunity Act

(P.L.92-261). Amended the Civil

Rights Act of 1964 to include the

provisions of Executive Order 11478.

1974 Vietnam Era Readjustment Assistance

Act, as amended by Public Law

101-237, Section 407. Required the

establishment of affirmative action

plans to employ disabled and Vietnam

era veterans. Refer to FPM Bulletin

307-27.

1978 Civil Service Reform Act.

Established the Federal Equal

Opportunity Recruitment Program

(FEORP) mandating Federal agencies to

develop recruitment plans and conduct

targeted recruitment of minorities

and women.

1990 The Americans with Disabilities Act

1990\. A key provision of the Act

prohibits employment discrimination

against qualified individuals with

disabilities.

C. The Equal Employment opportunity Commission

(EEOC) Regulation (29 CFR 1613.204) provides in

part, that each agency head shall \"Designate a

Director of Equal Employment Opportunity and as

many Equal Employment Opportunity (EEO)

officers, Equal Opportunity Counselors, Federal

Women\'s Program Coordinators, and other persons

as may be necessary to assist the head of the

agency to carry out\...the policy of equal

employment opportunity.\" Also, FPM Letter 713-18

Equal Employment Opportunity - Implementing

the Spanish-Speaking Program, January 23, 1973,

states that \"each agency shall appoint a

Coordinator\...on the staff of the Director of

Equal Employment Opportunity.\" Such actions

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8051.1 REV-1

assure that the Hispanic Employment Program /3 is

fully implemented as an integral part of the

Agency\'s overall Federal Equal Employment

Opportunity Program.

1-2 PROGRAM PURPOSE. The ultimate goal of the Hispanic

Employment Program is to attain work force parity in

the Federal sector, and at HUD in particular, with

the respective Hispanic Civilian Labor Force. The

principal purpose of the Hispanic Employment Program

is to identify any internal agency barriers that may

exclude Hispanics in the participation of government

employment and programs, and to implement actions

through which any inequities or absence in

employment may be addressed. This Handbook outlines

the activities and procedures by which the HUD

Hispanic Employment Program objectives are to be

accomplished. The key initiatives in implementing

this effort are:

A. Assisting the Department through analysis of

its work force, to attain equal opportunity for

Hispanics in all personnel management policies,

programs, and practices including recruitment,

selection, placement, training, counseling,

career development, promotion, and

participation in internal agency programs.

B. Creating a climate for change whenever barriers

to employment are identified. Assisting

supervisors and managers in developing

sensitivity to Hispanic issues to ensure that

Hispanic employees achieve full participation

in the work force. Providing opportunities for

Hispanic employees occupying jobs with limited

advancement to seek further career

opportunities commensurate with their ability,

potential, and self commitment, and assisting

them in developing realistic career goals

consistent with the needs of the agency.

C. Promoting the employment of Hispanics

throughout the Department in professional,

administrative, technical, clerical, and other

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/3 FPM Letter, 713-41, New Title: Hispanic Employment

Program Office, February 23, 1978.

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8051.1 REV-1

occupational (PATCOB Categories) job series,

through the recruitment of qualified Hispanics

in any area where parity does not exist. HUD

managers and supervisors will encourage the

participation of Hispanic employees in training

programs to help facilitate their career

advancement within the stated categories.

D. Encouraging the consideration and appointment

of Hispanics to decision-making positions that

have an impact on formulating and developing

Departmental policy.

E. Assisting management in the development and

implementation of Affirmative Employment Plans

(AEP).

F. Developing programs and proposals which will

improve the participation of Hispanics in all

aspects and levels of agency programs.

1-3 PROGRAM MANAGEMENT. The Secretary has the ultimate

responsibility for all equal employment opportunity

(EEO) programs within the Department. The Assistant

Secretary for Fair Housing and Equal Opportunity

(FHEO), is designated as the Director of EEO for the

Department. The General Deputy Assistant Secretary

for FHEO is designated the Deputy Director of EEO

for the Department.

A. Location of the Hispanic Employment Program

(HEP). The HEP is located in the immediate

Office of the Deputy Director of EEO and under

the Director, Office of Affirmative Action and

Equal Employment Opportunity. The HEP is a

Special Emphasis Program established to promote

equality of opportunity for the employment of

Hispanics throughout HUD. An organizational

chart is found at Appendix 2. At the

Departmental level, the HEP is administered by

a Hispanic Employment Program Manager (HEPM).

He/she has overall responsibility for

providing a continuing and active equal

employment opportunity and affirmative

employment program for Hispanics throughout

HUD. In addition, he/she provides advice to

the Principal Staff, managers, and supervisors

in implementing an effective HEP throughout the

Department.

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Similarly, Regional Administrators shall

designate an HEPM to administer the Regional

Program, and collateral duty HEP Coordinators

(HEPC) to provide program oversight at all

Category A Field office locations.

Appointments at other than Category A Field

Offices will be made at the discretion of the

Regional Administrators considering population,

size of the Office, work force distribution of

the Office, and other individual factors.

B. Management Responsibilities. All managers and

supervisors have the responsibility of

supporting equal employment opportunity

policies and programs. Special responsibilities

are placed upon the Assistant Secretaries for

Fair Housing and Equal Opportunity, and

Administration in carrying out EEO policies

Department wide.

1\. Assistant Secretary for Fair Housing and

Equal Opportunity. As the Director of

Equal Employment opportunity, the

Assistant Secretary for Fair Housing and

Equal Opportunity is responsible for

enforcing the provisions of all relevant

laws, executive orders, regulations and

policies, and for advising the Secretary

on all matters pertaining to EEO. The

Assistant Secretary is also charged with:

implementing, monitoring, and evaluating

affirmative employment initiatives

Department wide; monitoring and helping to

meet the objectives and goals of the

Department\'s Federal Equal Opportunity

Recruitment Program (FEORP); designating

EEO Counselors; receiving, investigating,

and rendering final decisions on

discrimination complaints; and

recommending or taking remedial action

when necessary and/or appropriate.

2\. Assistant Secretary for Administration.

The Assistant Secretary for Administration

is responsible for providing the necessary

resources and leadership by developing and

maintaining responsive personnel

management policies, programs, and

procedures. The Assistant Secretary is

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8051.1 REV-1

charged with promoting a continuing

affirmative employment program, and

ensuring equal opportunity in the

recruitment, selection, placement,

training, promotion, and participation of

Hispanics and other employees in internal

programs. This includes the opportunity

to serve on merit selection and

performance panels, and other

Departmental/Regional boards, panels and

committees. The above actions are

executed through the leadership of the

Director, Office of Personnel and Training

(OPT). That Office is responsible for

activating FEORP strategies that assist in

meeting identified AEP goals.

3\. Each Assistant Secretary, the General

Counsel, the Chief Financial officer, the

Inspector General, the President of GNMA,

the Chief of Staff, each Regional

Administrator-Regional Housing

Commissioner, and any other Primary

Organization Head, is responsible for

insuring that EEO/AEP policies and

principles are carried out within their

organizational units by providing adequate

administrative and clerical support for

implementing the Hispanic Employment

Program. The EEO Officers support the

HEPMs/HEPCs in performing their functions,

and through them consult with appropriate

outside organizations to enlist their

cooperation in implementing the aims of

the Hispanic Employment Program. Further,

all EEO Officers with personnel performing

collateral assignment functions as

HEPMs/HEPCs must ascertain that such

duties and responsibilities are recorded

as an amendment to their official Position

Description. In addition, use of a

Memorandum of Understanding to facilitate

intra-organizational understanding and

communication, as identified in FPM Letter

713-37, Documenting EEO Collateral Duties

in Official Position Description, May 20,

1977, is instrumental in program

implementation.

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8051.1 REV-1

4\. FHEO Regional Directors assist with the

development of the AEP and have the

principal responsibility for reviewing,

monitoring, and evaluating the EEO

program, and for insuring that the goals

and objectives of their respective

Regional EEO Affirmative Employment

Program Plans are fulfilled within their

offices. They also are responsible for

supporting Regional HEPMs, Field Office

HEPCs and/or Committees in performing

their functions.

5\. Regional Personnel Officers (RPO)s have

the principal responsibility for

developing the Regional Affirmative

Employment Program (AEP) Plan, and for

activating and implementing the action

items identified under each of the eight

program elements (see Chapter 3, paragraph

3-2) which constitute the Plan during the

fiscal year. It is in the planning and

development phase of the Regional AEP that

the HEPMs must be consulted to assist in

the formulation of action items (Chapter

2, paragraph 2-1 B.5)

In addition, RPOs have responsibility for

implementation of the Regional Federal

Equal Opportunity Recruitment Program

(FEORP) and for reporting accordingly.

HEPMs/HEPCs should be utilized effectively

in helping to recruit Hispanics in

occupational series where a work force

imbalance exists, or where Hispanic

employees are conspicuously absent, as

identified in the Affirmative Employment

Plan.

6\. Supervisors and Managers are responsible

for matters concerning recruitment,

selection, placement, promotion, career

development, counseling, and training

opportunities within their organization.

They are also charged with providing the

necessary leadership in establishing and

maintaining a working atmosphere which is

free from discrimination and in which

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8051.1 REV-1

Hispanics are given equal opportunity to

perform work assignments, participate in

training and compete for advancement.

Communicating with, and seeking advice and

assistance from HEPM/HEPCs, as necessary,

will facilitate the role of the manager or

supervisor. Encouraging employees to

participate in multicultural and work

force diversity programs is considered

essential in today\'s environment.

7\. Affirmative Employment Program Managers

(AEPMs) are Regional Office employees who

are given the collateral duty assignment

and responsibility for supporting RPOs in

the analysis and development of the

Regional Affirmative Employment Program

Plans (AEP) for their respective Regions.

They provide instruction and guidance to

the Regional Hispanic Employment Program

Manager, Federal Women\'s Program Manager,

and the EEO Program Staff. They are

directly responsible to the EEO Officers

or their designee for performance of their

EEO functions.

8\. HEP Managers and Coordinators are members

of the management team, and serve as

action officers and program advisors to

management in promoting and implementing

the Hispanic Employment Program at HUD.

As representatives of management in

outside functions, they are required to

maintain the highest levels of integrity

in order to further enhance the image of

the Department. HEPMs/HEPCs also counsel

and assist Hispanic and other employees,

as appropriate. They are directly

responsible to the EEO Officers or their

designee for performance of their EEO

functions.

C. Employee Responsibilities. Hispanic and other

employees have a responsibility for their own

self-development and advancement by making

their career interests known to their

supervisors and others, and by actively working

toward identifying and implementing those

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8051.1 REV-1

interests and goals. All employees also have a

responsibility for supporting equal employment

opportunity, and are encouraged to become

familiar with the Department\'s, Headquarters\'

or Region\'s Affirmative Employment Program

Plan, as appropriate.

1-4 HISPANIC EMPLOYMENT PROGRAM ADMINISTRATION. In

order to support managers in the fulfillment of

their responsibilities for the EEO program, which

includes administration of the HEP, the following

steps should be taken:

A. Selection of HEP Managers and Coordinators.

The appointment or designation of employees as

Hispanic Employment Program Managers (HEPMs)

and Field Office Coordinators (HEPCs) should

follow the guidelines stated in FPM Letter 713-23,

Equal Employment Opportunity - Spanish-Speaking

Program, /4 April 5, 1974. These

guidelines provide that those who are appointed

to positions or collateral assignments as an

HEPM or HEPC should be:

1\. Knowledgeable about employment problems

affecting Hispanics.

2\. Firmly committed to the objectives of

management\'s HEP.

3\. Sensitive to and aware of the needs of the

Hispanic community.

4\. Bilingual and bicultural. /5

B. A Full-Time Permanent National (Department

Level) HEPM provides continuing program

leadership, advice, and guidance to executives,

managers and supervisors, and to the

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/4 Title changed to Hispanic Employment Program on February

28, 1978 - FPM Letter 713-41.

/5 It is desirable that the HEPM/HEPC be bilingual/

bicultural, particularly in areas with a significant Hispanic

population.

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8051.1 REV-1

Headquarters and Regional level HEPMs. (See

Appendix 2.) Day-today total program

oversight and monitoring is provided by the

National HEPM.

C. A Headquarters Level HEPM is appointed to this

collateral duty assignment to administer and

provide leadership to the Headquarters HEP and

render any necessary advice and guidance to its

managers and supervisors. In the absence of

the National HEPM, the Headquarters HEPM will

temporarily assume those responsibilities.

D. Regional HEPMs. Regional Administrators shall

designate an employee to serve on a collateral

basis for a period of time appropriate to the

needs of the Region, taking into consideration

the local issues and conditions that have an

impact on the Region. It is recommended that

such assignments should not be less than 20%

(FPM Letter 713-37, paragraphs 3 and 4), nor

exceed 50% of the employee\'s time for effective

management of the Program, as well as, comply

with the time requirements of a collateral

assignment.

Regional HEPMs are expected to provide regular

and continuous management of the HEP in order

to keep abreast of continuing developments

throughout the Region and the Department.

Although the HEPM will remain in his/her

regular position, all duties performed relevant

to equal opportunity for Hispanics are under

the direct supervision of the EEO Officer (RA)

or his/her designee, with guidance received

from the Regional Director, Office of Fair

Housing and Equal Opportunity; the Regional

Personnel Officer; the Affirmative Employment

Program Manager; and the National HEPM.

When considering the appointment of an

HEPM/HEPC, the Regional Administrator (RA) may

solicit input from the Director, FHEO; the RPO;

AEPM; and Hispanic employees in the Region.

Prior to selection, the RA is encouraged to

coordinate the proposed appointment with the

Director of EEO and the National HEPM.

Oversight of Field Offices not having an HEPC

will be the responsibility of the Regional

HEPM. (See paragraph 1-3A.)

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8051.1 REV-1

E. Field Office Hispanic Employment Program

Coordinators (HEPCs) are appointed on a

collateral basis using the criteria listed

above for the HEPMs. Field Office HEPCs assist

the Regional HEPMs and their respective Field

Office Managers in carrying out the policy and

activities of the HEP. The RAs may delegate

the selection authority for the HEPCs to the

Field Office Managers. The AEPM and HEPM may

be called upon for input.

F. Internal Hispanic Employment Program

Subcommittees at the Headquarters, Region, and

Field Offices, act as further support for

Management and the HEPMs and HEPCs, and their

establishment is encouraged.

1\. At the Headquarters, an Equal Employment

Opportunity Committee is established (see

Appendix 5). The Committee is composed of

management representatives, Union

representatives, and includes the Special

Emphasis Program Managers. A Hispanic

Employment Program Subcommittee will be

established in support of the overall EEO

Committee and EEO effort of the

Department. The HEP Subcommittee is an

extension of the organization\'s EEO

Advisory Committee and will be chaired by

an employee other than the HEPM/HEPC who

would serve as a resource person to the

group.

2\. At the Region and Field Office levels a

similar committee structure may be

established.

3\. Committees should provide a cross section

of their component population and should

include both genders, minorities, as well

as non-minorities in a range of grades and

occupations. The purpose of such

committee representation is to render a

broader focus to actions being recommended

for accomplishing identified objectives.

1-5 AMENDMENT TO POSITION DESCRIPTION. If an employee

is appointed as a HEP Manager/Coordinator on a

collateral duty assignment, an amendment to the

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official individual position description detailing

HEP duties is required. The amendment should

specify the percentage of the employee\'s time that

is allotted to perform the assigned HEP duties.

A. Memorandum of Understanding

The Office of Personnel Management FPM Letter

713-37, dated May 20, 1977 recommends that a

Memorandum of Understanding (MOU) be issued

specifying the conditions of assignments and

appraisal of the collateral EEO duties of

Special Emphasis Program Managers. This

recommendation has been very effective in

helping to prevent misunderstandings between

the collateral duty HEP Managers/Coordinators

and their immediate supervisors.

The MOU should specify the conditions involving

how and when work will be assigned, adjusted,

and appraised by the immediate supervisor and

the EEO Officer or his/her designee, and should

detail the following information:

1\. Assignment of Work

Initially, it is recommended that the EEO

officer, the immediate supervisor, and

HEPM/HEPC meet to discuss HEP assignments.

HEP assignments need not flow to the

employee through the immediate supervisor.

However, the HEPM/HEPC should keep the

immediate supervisor informed of all HEP

assignments. It is also recommended that

the HEPM/HEPC not be given multiple EEO

assignments (i.e., EEO Counselor, Federal

Women\'s Program Manager).

2\. Percentage of Time

Initially, it is recommended that, as a

minimum, the HEP assignment be 20% of the

employee\'s work time in order to allow

sufficient time for the HEPM/HEPC to

perform the duties of the position. After

the initial assignment of collateral

duties, program results should be

periodically reviewed by the EEO Officer

or his/her designee to determine the

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8051.1 REV-1

adequacy of achievements in relation to

the amount of time devoted to the

collateral work. Any increase or decrease

in the percentage of time devoted to the

collateral duties can be made based on

these reviews.

3\. Performance Appraisal

An element covering HEP performance must

be included in the performance plan of the

HEPM/HEPC (Title 5, U.S. Code, Chapter 43,

and Title 5 CFR Part 420).

4\. Obtaining Clerical Support and Office

Facilities

Clerical support and office facilities

needed to perform HEP duties (i.e.,

typing, filing, and counseling sessions)

are important for the success of the

Region\'s HEP program. Under Executive

Order 11478, it is the responsibility of

each department and agency head to provide

sufficient resources to implement and

administer the EEO program.

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