SUBCHAPTER 1614.1
CIVILIAN DISCRIMINATION COMPLAINTS MANAGEMENT PROGRAM
References:(a) 29 CFR Part 1614 of 9 Nov 99(b) EEOC MD 110 of 9 Nov 99(c) EEOC MD 715 of 1 Oct 03(d) Notification and Federal Employee AntiDiscrimination and Retaliation Act of 2002(e) 5 CFR Part 1201 of 1 Jan 01(f) EEOC Guidance 915.002 of 18 Jun 99(g) Department of the Navy Discrimination
Complaints Program Management Manual(h) SECNAVINST 12250.6 of 22 Jan 03

Cancelled:

OCPMINST 12713.2A
SECNAVINST 12000.22B

1. Purpose. This subchapter establishes policy and assigns
responsibility for the Civilian Discrimination Complaints
Management Program within the Department of the Navy (DON).
2.

Policy.

a. In accordance with references (a) through (h), DON
policy assures equal employment opportunity (EEO) for all DON
employees and applicants; prohibits discrimination in employmenton the basis of race, color, religion, sex, national origin,age, or disability; prohibits acts of reprisal against personspresenting or processing allegations of discrimination; andpromotes the full realization of EEO through continuingaffirmative programs. This policy is an integral part of every
aspect of human resources (HR) management practices in theemployment, development, advancement, and treatment of civilian
employees.
b. All DON military and civilian supervisors and employees
will protect the integrity of the discrimination complaints
process by avoiding any actions that violate governing laws,
regulations, or this instruction. Commands and activities will
avoid conflicts of interest or the appearance of conflicts ofinterest in the processing of discrimination complaints.
Discrimination complaints will be processed promptly,
impartially, and in compliance with the timeframes establishedin references (a), (b), and (g).

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c. Corrective and/or disciplinary action will beconsidered and documented when there is a finding of unlawful
discrimination. The HR management policies or practices, foundto have an unlawful discriminatory impact on a protected group,
will be modified to nullify such impact.
d. In accordance with reference (d), DON will not tolerateharassment based on sex (with or without sexual misconduct),race, color, religion, national origin, age, disability, or
reprisal. This prohibition covers harassment by or against
anyone in the workplace.
3.

Responsibilities

a. In accordance with reference (a), The Secretary of theNavy (SECNAV) will ensure that a system exists to process
discrimination complaints in a timely and objective manner.
b. As delegated by reference (h), The Assistant Secretaryof the Navy (ASN) (Manpower and Reserve Affairs (M&RA)), as
Director of EEO, shall establish policy for implementing acivilian EEO program that includes the processing of
discrimination complaints throughout DON. The Director of EEO
ensures that adequate resources are allocated to effectively
manage a DON discrimination complaints program, including thetimely issuance and compliance with Final Agency Decisions(FADs) and Final Orders. The EEO Practitioners in local
servicing EEO offices manage programs and implement processes insupport of the responsibilities of the Director of EEO andrespective activity EEO Officers.
c. The Deputy Assistant Secretary of the Navy (DASN)(Civilian Human Resources (CHR)) is hereby delegated theauthority to establish policy and procedures for processing
discrimination complaints and evaluating the management andoperation of the discrimination complaints program on behalf of
SECNAV. The DASN(CHR) has authority to further delegate these
responsibilities to enforce compliance with this instruction.
d. The Special Assistant (SA) for EEO serves as theprimary technical expert for EEO to the ASN(M&RA) and reports
directly to the DASN(CHR). The SA EEO serves as principal EEO
Representative and point of contact between DON and various
offices both internal and external in the accomplishment of
DON's Model EEO Program.
e. Director, Naval Office of EEO Complaints Management andAdjudication (NAVOECMA), oversees the management and operation

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of DON discrimination complaints program. The Director,
NAVOECMA, establishes DON policy and serves as the primary pointof contact for advice and guidance regarding the processing anddisposition of discrimination complaints at all Navy and Marine
Corps activities. In addition to the responsibilities outlined
in reference (a), the Director, NAVOECMA, will:(1) Prepare and issue DON Final Orders, Decisions, andNotices of Appeal in individual and class complaints of
discrimination; and recommend corrective actions to ASN(M&RA)
where discrimination has been found.
(2) Serve as the primary point of contact to the Equal
Employment Opportunity Commission's (EEOC) Office of Federal
Operations to facilitate the processing of discrimination
complaints DON-wide. Coordinates and ensures DON compliancewith EEOC appeals process and procedures and provides guidance
to DON Agency Representatives and Discrimination Complaints
Managers on all appeal matters.
(3) Conduct periodic evaluations of activity and majorcommand programs to ensure compliance with references (a)through (g).
(4) Conduct data analyses and meet reporting
requirements to internal of external higher authority. This
includes, but is not limited to the reporting requirements ofreferences (a) through (g). Conduct data and trend analyses ofcomplaints to determine and correct root causes.
(5) Monitor discrimination complaint investigations
conducted DON-wide and serve as DON's liaison with the
Department of Defense, Office of Complaint Investigations.
f. Director, Office of Civilian Human Resources (OCHR),
develops HR programs and policies that fully integrate EEO
principles in the Navy workplace. Director, OCHR will:(1) Support DON Human Resources Service Centers (HRSC)
and Human Resources Offices (HRO) in their efforts to adequately
staff and provide expert EEO service to their customers.
(2) Ensure and support the availability of a corporate
automated system to track DON-wide complaints of discriminationto accurately meet internal and external reporting requirements.
Such automated system must comply with functional program
requirements established by the Director, NAVOECMA and inaccordance with reference (a).

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g.

OCHR Office of Counsel will:(1) Provide legal advice to HR/EEO community andprovide oversight of Federal court litigation resulting fromcomplaints processed under this subchapter.
(2) Review proposed settlements at all levels of DON
involving an award of compensatory damages or other remedies inexcess of $10,000.
(3) Provide legal guidance to EEO Practitioners
regarding class action complaints.
(4) Prepare appellate briefs/comments in support of
DON appeal of EEOC Administrative Judge (AJ) decisions.
h. The Chief of Naval Operations, Commandant of the Marine
Corps, Assistant for Administration Office of the Under the
Secretary of the Navy, and Heads of Echelon 2 Commands aredesignated as Command EEO Officers (CEEOO). As such, they must:(1) Ensure that SECNAV policy regarding the processingof discrimination complaints is understood and implemented
within their respective commands.
(2) Issue command-wide policies and procedures
implementing this subchapter.
(3) In accordance with reference (c), allocate
adequate resources to effectively manage the discrimination
complaints process, and ensure that the Command Deputy EEO
Officer (CDEEOO) has direct access to the CEEOO regarding all
matters pertinent to DON's Model EEO Program (reference (c)).
(4) Ensure their EEO Program Officials meetestablished training requirements and are free from interference
and reprisal in the execution of their duties and in theirefforts to maintain the integrity of the process.
(5) Ensure all complaints of discrimination areprocessed in a timely, efficient, and objective manner.
(6) Conduct periodic EEO program reviews andevaluations to ensure compliance with required timeframes andprocedures by subordinate commands.

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(7) In accordance with reference (c), track andconduct trend analyses of discrimination complaints within theircommand and submit required reports.
i. Command Deputy Equal Employment Opportunity Officer(CDEEOO). The CDEEOO will:(1) Serve as the primary advisor to the CEEOO on all
matters pertaining to effective EEO program management inaccordance with references (a) through (g).
(2) As needed, provide guidance, assistance, andcommand-specific training, to subordinate activity and command
officials on EEO program responsibilities and the discrimination
complaints process.
(3) Monitor status of discrimination complaints at
subordinate activities to ensure all discrimination complaints
are processed in a timely, objective, and efficient manner andin compliance with established regulations. Conduct trend
analyses to determine/correct root causes of discrimination andunder representation. Analyze complaints and advise on
modification of policies and practices within the command foundto have an unlawful discriminatory impact.
(4) Serve as the primary link between subordinate
activities and NAVOECMA to monitor and enforce compliance withthis subchapter and to facilitate reporting requirements andprogram assessments.
j. Activity Heads or Commanders. The head of each Naval
activity and Marine Corps Command employing civilians will serveas the local EEO Officer (EEOO). The EEOOs must:(1) Allocate adequate resources to administer andmanage their organizations' civilian EEO program. Ensure EEO
Officials responsible for the discrimination complaints process
are free from interference and reprisal in the execution of
their duties and in their efforts to maintain the integrity ofthe process.
(2) Attempt early resolution of complaints.
(3) Ensure the availability of an Alternative
Dispute Resolution (ADR) program and designate management
officials to participate. Promote the use of ADR methods andtechniques to locally and cost-effectively resolve complaints.

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(4) Promote accountability by demonstrating personalcommitment to equality of opportunity, requiring periodic
informational reports and/or briefings; and ensuring thatappropriate training is made available to managers, supervisors,
employees, and EEO Practitioners regarding roles andresponsibilities within DON's EEO program.
(5) Publicize and communicate discrimination complaint
procedures, including the identity and telephone numbers ofdesignated EEO Counselors, to all employees and applicants for
employment.
(6) Ensure that supervisors, managers, and employees
understand and meet their EEO program responsibilities withrespect to discrimination complaints management.
(7) Promptly review and make timely decisions
regarding complaints of discrimination, awards of attorney fees
and costs, and compensatory damages.
(8) Timely accept/dismiss discrimination claims, incoordination with or via delegated authority to the servicing
EEO office.
(9) Analyze complaints and modify policies andpractices that have an unlawful discriminatory impact.
(10) Ensure that disciplinary and/or other corrective
action is considered and documented when discrimination,
misconduct, or poor management practices are identified andattributable to responsible management officials.
(11) Ensure that all pertinent records, required to
fully adjudicate a complaint, are maintained by the activity,
Command EEO office, and/or servicing HRO/HRSC.
(12) Designate an Agency Representative, as necessary,
to present the agency's position, in the best interests of
SECNAV.
k. Human Resources Offices (HRO). The HRO will provide
Civilian HR/EEO functions for serviced activities. This
includes identifying qualified individuals to perform specificcomplaints management functions, (e.g. DEEOO, EEO Case Manager,
and EEO Counselor). The HRO staffs will cooperate with EEO
Program Officials by providing information and access to records
necessary to process complaints, conduct investigations, andresolve claims of discrimination. Special attention must be

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given to ensure impartiality, avoid conflicts of interest or theappearance of such conflicts in working relationships, andimplementation of the DON EEO policies and procedures. The
servicing HR Director must:(1) Ensure that EEO principles, and procedures arewell understood by all HRO staff members and integrated into all
HR functions to support DON EEO policies and avoid workplacedisputes.
(2) Designate a DEEOO and, as appropriate a EEO CaseManager to manage EEO Discrimination Complaints Program
requirements and impartially process claims of discrimination
with direct access to each serviced EEOO. In addition,
designate an adequate number of EEO Practitioners and ensure
they are properly trained to implement the complaints process ina timely, objective, and effective manner.
l. Deputy Equal Employment Opportunity Officer (DEEOO).
The DEEOO will:(1) Serve as the primary staff advisor on EEO program
initiatives and discrimination complaint matters. This EEO
Official must have direct and unrestricted access to consult
with the EEOO.
(2) Coordinate with the HRO EEO Case Manager inproviding advice to the EEOO on the acceptance/dismissal ofindividual complaints of discrimination and in theidentification of cases that are likely to be resolved via ADR
techniques.
(3) Direct the official activities of EEO Counselors
to ensure adherence with applicable regulations, policies andcase law.
(4) Ensure all EEO Counselors and other EEO
Practitioners are fully trained consistent with reference (b).
Document that qualifications and training requirements have been
completed prior to assignment of counseling duties.
(5) Work closely with members of management andsupport staff of serviced activities to achieve resolution of
disputes, whenever feasible and appropriate, at each stage ofthe complaints process.
(6) Coordinate settlement agreements with appropriate
activity personnel, such as managers, supervisors, Agency

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Representatives, legal counsel, and other officials designatedby the EEOO.
(7) Ensure that data on informal and formal complaints
is maintained in DON prescribed automated tracking system tomeet reporting requirements. Provide Activity EEOO withquarterly briefing on complaints trend analyses.
(8) Monitor and ensure that all aspects of thecomplaints process are conducted in a timely, objective, andeffective manner.
(9) Ensure the accuracy and completeness of theofficial complaint record.
(10) Coordinate with complaints managers, Agency
Representatives and/or other staff offices, as deemed
appropriate, to determine the best course of action in novel orcontroversial cases.
m. Agency Representative. The Agency Representative isappointed by the EEOO to represent the Department of the Navy inthird-party proceedings. The Agency Representative works
closely with EEO Officials responsible for processing complaints
to represent the best interests of DON, while maintaining the
integrity of the discrimination complaint process. The Agency
Representative will:(1) Serve as DON representative, ensuring appropriate
coordination with EEO and HR Officials on all issues pertaining
to discrimination complaints processing.
(2) Upon request, provide advice to EEO Officials on
the acknowledgement or dismissal of individual complaints of
discrimination.
(3) Ensure DON's position on complaints is supported
by objective evidence at both the investigative and hearing
stages of the complaint. This may require being available
during investigations to assist management witnesses in fully
responding to the claim(s).
(4) Draft or review proposed settlement agreements andoffers of resolution.
(5) Advise the EEOO and DEEOO regarding proposed termsof settlements.

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(6) Forward proposed settlement agreements involving
an award of compensatory damages or other remedies, excludingback pay and attorney’s fees, in excess of $10,000 to OCHR
Office of Counsel for review and consultation.
(7) Notify and provide supporting documentation to
the DEEOO/EEO Case Manager when litigation is initiated or
terminated on any EEO complaint.
(8) Respond to appeals of FADs or Requests for
Reconsideration (RFR) filed by complainants and file appeal
briefs and RFRs on behalf of DON.
(9) Appeals of AJ decisions will be initiated by
NAVOECMA in coordination with OCHR Office of General Counsel(OGC). The OCHR OGC will designate an Agency Representative to
file a timely appellant brief with copy to NAVOECMA.
n. EEO Case Manager. The EEO Case Manager has primary
responsibility for overseeing and advising management on all
aspects of discrimination complaints processing. The EEO CaseManager must:(1) Maintain the original, official DON record foreach discrimination complaint and ensure its proper disposition.
(2) Ensure all required notices and documents areissued at each stage of the complaint, including timely
documentation of closure actions.
(3) Track and report on the status of discrimination
complaints to meet internal and external requirements. Maintainthe data in DON-prescribed automated tracking system for use inreports.
(4) Coordinate with Agency Representative, as deemed
appropriate, on acceptance or dismissal of complaints,
investigations, and resolution or settlement of complaints.
(5) Work closely with management officials and staff
to achieve resolution of disputes whenever feasible at eachstage of the complaints process.
(6) Ensure that complaints are processed promptly andin accordance with statutory requirements.
(7) Establish and maintain for each discrimination
complaint a complete, impartial administrative record. Retain

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the complete original case file from initial contact to closureof each claim for a minimum of four years after the end of allproceedings.
(8) Provide a copy of the case file to the EEOO/Agency
Representative and to the complainant and/or his representative.
(9) Provide EEO program advice and guidance toemployees, managers, and EEO Officials.
(10) Provide periodic complaint status reports toserviced activity EEOOs.
(11) Forward a copy of the complete discrimination
complaint file to NAVOECMA for a SECNAV decision without ahearing, or to an (AJ) for a hearing.
o. EEO Counselor. The EEO Counselor has primary
responsibility for conducting the initial inquiry into claims of
discrimination with a focus on early resolution, while preparing
an accurate written record of pertinent information. It is thepolicy of DON to use full-time EEO Counselors. As such the EEO
Counselor will:(1) Advise employees, former employees, or applicantsseeking counseling of their rights and responsibilities in thediscrimination complaints process.
(2) Function as a facilitator between the aggrieved
person and management to seek reasonable informal resolution.
If resolution is achieved, it will be properly documented andapproved by the authorized EEO Official.
(3) Conduct the informal processing of classcomplaints to include developing the record. Coordinate
processing of class complaints with the designated Agency
Representative.
(4) Gather and document sufficient information todetermine whether to accept or dismiss issues/claims of thecomplaint. Include information that objectively reflects the
pre-complainants allegations and management's position
concerning those claims of discrimination.
(5) Prepare a thorough complaint file and report ofinquiry and ensure that all relevant documentation is includedin the record.

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(6) Maintain records indicating when the aggrieved
person first contacted the counselor/EEO office and the mattersraised by the aggrieved person. These records will document theinquiry methods used to reach a resolution, the results of theinquiry, and will provide specific facts to be included in thecounselor's written report to the DEEOO upon completion ofcounseling.
(7) Issue and maintain all notices and documents
pertaining to the informal stage of the complaint. This
includes, but is not limited to, the Notice of Rights andResponsibilities and the Notice of Extension of EEO Counseling(8) Notify the employee, former employee, or applicantof the right to file a formal complaint by issuing a Notice ofFinal Interview within 30 days of the date the complainantbrought the claim(s) to the attention of the EEO Counselor, orat the expiration of any written agreed-upon extension.
(9) Timely forward an accurate and completeCounselor's Report to the DEEOO/EEO Case Manager upon
notification that a formal complaint has been filed.
(10) Work closely with appropriate management
officials and staff to achieve resolutions and settlements
whenever feasible.
(11) Coordinate settlement agreements with the DEEOO,
EEO Case Manager, HRO, HRSC, activity management, Agency
Representative, and any other appropriate individual or staff
office.
(12) Do not influence the aggrieved in deciding
whether to file a formal complaint, emphasizing that thedecision to file rests solely with them.
p.

Human Resources Service Centers (HRSCs).

The HRSCs

will:(1) Integrate EEO principles into all HR functions to
support EEO policies and initiatives and avoid workplacedisputes.
(2) Ensure timely processing of personnel actions
resulting from decisions or settlements to avoid the need forfurther compliance actions.
(3) Retain records of personnel actions (e.g.,

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appointments, merit staffing, reductions-in-force, training,
performance appraisals, and disciplinary actions) and related
documentation pertaining to on-going complaints of
discrimination.
(4) Cooperate with EEO Officials by providing
information and access to records necessary to investigate andresolve allegations of discrimination.
q. Supervisors. Supervisors must act promptly toprevent or correct situations that may give rise todiscrimination complaints. Supervisors will:(1) Provide a work environment free from hostile,
discriminatory, and offensive behavior, including sexual andother forms of harassment, and promptly provide reasonableaccommodations for disabled employees.
(2) Cooperate with EEO Program Officials,
Counselors, Investigators, and the designated agency
representative, at every stage of the complaints process.
(3) Participate and cooperate in reasonable
resolution attempts, including ADR. Take timely action to fully
implement the terms of binding settlement agreements.
(4) Ensure that complainants and theirrepresentatives are permitted a reasonable amount of official
time to work on their complaints.
(5) Ensure that subordinates fully cooperate withmediators, EEO Counselors, Agency Representatives,
investigators, EEOC AJ, and other EEO Officials involved in theprocessing of discrimination complaints.
(6) Seek assistance from EEO Officials and Agency
Representatives and act promptly to prevent and/or correct
situations that may give rise to complaints of discrimination.
(7) Ensure that subordinates refrain from actions orcomments that could be viewed as discriminatory. Officials
should recuse themselves from participation in processes ordecisions that would create a perception or actual conflict ofinterest.
(8) Ensure that their actions are free fromSubchapter 1614.1

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discrimination based on race, color, religion, sex, national
origin, age, disability, or reprisal because of involvement witha discrimination complaint at any stage of the process or
opposition to an unlawful discriminatory employment practice.
(9) Ensure employees have access to information
regarding discrimination complaint procedures.
r.

Employees.

Employees will:(1) Conduct themselves in a manner consistent
with the principles of EEO and refrain from activities thatreflect adversely on DON.
(2) Cooperate with EEO Program Officials,
Counselors, Agency Representatives and Investigators, as
required.
s.

Complainants.

Complainants should:(1) Comply with the time frames and procedures as
outlined in 29 CFR Part 1614 for processing complaints of
discrimination.
(2) Provide information necessary for counselingand processing of claims of discrimination.
(3) Cooperate with EEO Program Officials,
Counselors and Investigators, as required.
(4) Serve all required documents on designatedAgency Officials.
4. Action. The DASN(CHR) will issue and update discrimination
complaints processing directives that conform with this policy.
Addressees will follow this instruction and the associatedDiscrimination Complaints Program Management Manual, reference(g).

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