DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
1000 NAVY PENTAGONWASHINGTON, D.C. 20350-1000

SECNAVINST 12713.14
ASN(M&RA)
22 Jan 2019
SECNAV INSTRUCTION 12713.14
From:

Secretary of the NavySubj:

EQUAL EMPLOYMENT OPPORTUNITY

Ref:(a) 29 U.S.C. §633a(b) 42 U.S.C. §2000ff(c) 29 U.S.C. §791-794(d) 42 U.S.C. §2000e, et seq.
(e) 29 U.S.C. §206(d)(f) 29 CFR 1614(g) EEOC Management Directive 715 of 1 October 2003(h) EEOC Management Directive 110 of 5 August 2015(i) DoD Directive 1440.1 of 17 April 1992(j) Public Law 107-174(k) DON HR and EEO Career Program Recruitment and
Hiring Guide (NOTAL)(l) SECNAVINST 12250.6B(m) 42 U.S.C. §4151, et seq.
(n) SECNAV M-5214.1

Encl:(1) EEO Program Responsibilities(2) Program Components and Requirements(3) Definitions

1. Purpose. To implement policy, assign responsibilities,
identify requirements, and prescribe procedures in accordancewith references (a) through (k) for the Department of the Navy
(DON) Equal Employment Opportunity (EEO) Program. In addition,
this policy updates EEO program requirements in reference (l),Civilian Human Resources Management in the Department of theNavy.
2. Cancellation. This policy cancels and replaces the DON
Civilian Human Resources Manual Subchapter 1601 (July 2005).
3.

Applicability

a. This instruction applies to the Office of the Secretaryof the Navy (SECNAV), the Chief of Naval Operations (CNO), theSECNAVINST 12713.14
22 Jan 2019
Commandant of the Marine Corps (CMC), and all U.S. Navy, U.S.
Marine Corps installations, Commands, Units, field offices, andall other organizational entities within the DON.
b. This instruction applies to all DON civilian employees
and applicants for employment and military managers andsupervisors of civilian employees paid from appropriated andnon-appropriated funds to the extent permitted by law andapplicable regulations.
4. Policy. The DON is committed to a culture of respect where
EEO is not only the law, but is recognized as laying thefoundation for an environment where everyone is valued,
understood, and included. Equality of opportunity is an
essential element of readiness and is vital for attracting,developing and retaining a top-quality workforce to accomplish
the DON strategic mission. It is DON policy to:a. Provide equal employment opportunities for all persons
regardless of race, color, religion, sex (including pregnancy,
childbirth, or related medical conditions), national origin,age, disability, or genetic information (including family
medical history), and ensure that anyone who engages inprotected EEO activity is free from reprisal;b. Provide all employees the freedom to compete on a fairand level playing field with equal opportunity for competition;c. Ensure equal employment opportunity covers all
personnel/employment programs, management practices anddecisions including, but not limited to, recruitment, hiring,
merit promotion, transfer, reassignments, training and careerdevelopment, benefits, discipline, and separation;d. Ensure that leadership at all levels demonstrates
commitment to fully integrate the principles of equality ofopportunity into the DON mission;e. Ensure that managers and supervisors understand andsuccessfully execute their responsibilities to ensure equalityof opportunity;

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SECNAVINST 12713.14
22 Jan 2019f. Promote the full realization of equal employment
opportunity through a continuing affirmative employment programthat is effective, responsive and legally compliant; andg. Recognize the critical significance of accountability inthe design, implementation and review of employment policies,
practices and procedures to ensure equality of opportunity and adiscrimination-free work environment.
5.

Discussion

a. The DON EEO Program is designed to meet legal, statutory
and regulatory requirements to ensure equality of opportunity
for all employees and applicants for employment. Those laws andregulations, as well as DoD and DON policies, are provided in
the list of references. References (a) through (e) are thelegal requirements that address equal employment opportunity inthe federal workforce. References (f) through (h) include thefederal regulation for establishing an EEO Program and the Equal
Employment Opportunity Commission’s (EEOC) directives for
implementation. The Department of Defense’s EEO policy isoutlined in reference (i). The legal requirement for disclosing
discrimination complaints information is also provided(reference (j)). The DON Human Resources (HR) and EEO Career
Program Recruitment and Hiring Guide is provided in reference(k). Reference (m) is the Architectural Barriers Act.
b. The program responsibilities for ensuring equality ofopportunity, as well as staffing requirements for program
implementation, are outlined in enclosure (1). Mandatory
program components and requirements are delineated in enclosure(2). Critical program terminology is defined in enclosure (3).
6.

Responsibilities.

7.

Records Management

See enclosure (1).

a. Records created as a result of this instruction,
regardless of format or media, must be maintained and disposedof according to the records disposition schedules found on the
Directives and Records Management Division (DRMD) portal page:https://portal.secnav.navy.mil/orgs/DUSNM/DONAA/DRM/SitePages/Home.aspx3

SECNAVINST 12713.14
22 Jan 2019
b. For questions concerning the management of records
related to this instruction or the records dispositionschedules, please contact your local Records Manager or the DRMD
program office.
8.

Forms and Reports
a.

Forms

(1) SECNAV 12306/1, Confirmation of Reasonable
Accommodation Request, can be found on Navy forms online athttps://navalforms.documentservices.dla.mil/web/public/forms(2) The EEO Annual Federal Equal Employment Statistical
Report of Discrimination Complaints (Form 462 Report) can beaccessed at: https://www.eeoc.gov/federal/form462/index.cfm(3) Federal agency administrators must upload data into
the EEOC Federal Sector EEO Portal (FedSEP) provided by EEOC
which is not accessible to the general public but only toauthorized federal agency administrators.
b. Reports. The reporting requirements included in
enclosure (1) and (2) of this instruction are exempt from
reports control, per reference (n), part IV paragraph 7n.

GREGORY J. SLAVONIC
Assistant Secretary of the Navy
(Manpower and Reserve Affairs)
Distribution:
Electronic only, via Department of the Navy Issuances Web site
http://doni.documentservices.dla.mil/

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SECNAVINST 12713.14
22 Jan 2019
EEO PROGRAM RESPONSIBILITIES
1. The responsibility for ensuring Equal Employment Opportunity(EEO) lies primarily with those who make the employment
decisions that impact the workforce – leaders, managers andsupervisors. The DON EEO Program provides them with essential
support, in compliance with applicable laws and regulations, toensure a discrimination-free work environment. This support isprovided at all levels of the organization with varying degrees
of authority:a. Department Level. The DON Office of EEO (OEEO)
exercises program responsibility for the DON EEO Program. The
OEEO exercises overall responsibility for managing the DON EEO
program, directs the manner in which the program is executed,
and provides oversight of EEO programs throughout the DON. Thisauthority applies to the execution of affirmative employment
program initiatives, the processing of discrimination
complaints, and requests for reasonable accommodations. The DONOEEO evaluates the program annually through the MD-715 Report
and the Annual Federal Equal Employment Statistical Report ofDiscrimination Complaints (462 Report).
b. Major Command Level. The Major Command EEO Office
exercises program responsibility for the command, and ensuresthat DON EEO policies and procedures are implemented commandwide. The EEO office works directly with command leadership andsubordinate commands/activities in both program execution andprogram evaluation. Command status reports and other required
data reports are submitted to DON OEEO.
c. Unit Level. As a component of a Major Command EEO
Program, the Unit EEO Office is the unit’s principal EEO advisor
responsible for ensuring implementation of DON and Major Command
EEO policies and shall have direct access to the unit’s leaders,managers and supervisors, and other staff as needed to perform
this responsibility. The EEO Office shall implement and execute
effective programs to ensure equal opportunity within the unit,
including barrier analysis, the processing of discrimination
complaints and requests for reasonable accommodation, andproviding EEO services and support to units that do not haveorganic EEO Offices.

Enclosure (1)SECNAVINST 12713.14
22 Jan 20192.

Program responsibilities at each DON level are as follows:a. Department Level. The SECNAV will ensure that the
principles of equal employment opportunity are integrated into
everyday practice and are fundamentally a part of DON culture.
To this end, as required by the Equal Employment Opportunity
Commission, the SECNAV will issue an annual policy statement to
the workforce affirming the principles of EEO.
b. The Assistant Secretary of the Navy (Manpower andReserve Affairs (ASN (M&RA)) is the DON EEO Director,
designated by the SECNAV in accordance with Section
1614.102(b)(4) of reference (f), responsible for establishingand sustaining a DON-wide EEO Program consistent withstatutory and regulatory requirements. The ASN (M&RA)
provides overall policy and program direction to the
Director, Office of Equal Employment Opportunity (OEEO), andevaluates the sufficiency of the program annually, keeping
the Secretary informed of program status and significant
issues. The ASN (M&RA) ensures that the EEO Program isadministered in a neutral and impartial manner to safeguard
the integrity of the program and ensures sufficient resources
are allocated to the DON EEO Program for an effective andquality execution of program objectives.
c. The General Counsel of the Navy provides legal advice
and services in support of the DON EEO Program, andsupervises the provision of legal services to DON EEO program
officials, commands, organizations, and activities byattorneys within the Office of the General Counsel (OGC).
d. The Deputy Assistant Secretary of the Navy (Civilian
Human Resources) is delegated responsibility for providing
direction to the Director, OEEO consistent with reference(h).
3. The Director, OEEO is the principal advisor on all EEO
matters related to the DON EEO Program. The Director, OEEO
is the principal advisor on all EEO matters related to the
DON EEO program. The Director, OEEO has direct access to theASN (M&RA) on all EEO policy matters and serves as theprincipal EEO representative and point of contact between DON
and various internal and external offices. The Director,
2

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019OEEO is the authoritative source for DON EEO Program
execution as it applies to affirmative employment program
initiatives, disability program initiatives, and complaints
program initiatives. As such, the Director, OEEO:
a. Provides leadership, strategic direction, guidance
and oversight on all aspects of the DON EEO Program;b. Ensures that DON-wide implementation of the program iscompliant with all applicable laws and regulations and issues
binding interpretive guidance on matters and authorities
relevant to DON EEO Program execution;c. Establishes policies and directives to ensure
consistent and effective program execution efforts;
d. Conducts the annual DON-wide EEO Program assessment andprepares the DON EEO Program Status Report for submission to the
Equal Employment Opportunity Commission;e. Provides regular EEO Program updates to the ASN (M&RA)
and senior DON leadership;
f. Directs the efforts of the DON Office of EEO program
managers;
g. Issues final agency actions on EEO complaints filed
against the Department of the Navy by means of delegatedauthority by the ASN (M&RA);
h. Partners with the Office of Civilian Human Resources(OCHR) to provide DON commands with appropriate enterprisedata systems to conduct effective barrier analysis;i. Serves as primary advisor on the EEO positions in the HR
and EEO Career Program and chairs selection panels for all
Director, EEO positions in compliance with reference (k);j. Collaborates with all OCHR program areas and the Officeof the General Counsel to effectively accomplish EEO Program
goals and objectives; and3

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019
k. Ensures that EEO staff receive annual training,
consistent with EEO requirements in reference (h).
4.

The Director, OCHR, must:a. Ensure that the principles of equal employment
opportunity are seamlessly integrated into all HR policies,
practices and procedures;
b. Integrate EEO Program execution efforts into the daily
work of OCHR;
c. Ensure that the EEO principles are an integrated
component of the DON HR Program and that DON HR practitioners
are active participants in EEO Program execution efforts,
including but not limited to data analytics, barrier analysis,
workforce and executive development, EEO training andrecruitment;
d. Establish a results-oriented performance assessment andaccountability system that holds managers and supervisors
accountable for upholding merit systems principles, eliminating
systemic, attitudinal and physical barriers to equal employment
opportunities, and for creating a culture of inclusion where all
employees are provided equal opportunities to succeed; ande. Ensure that the OCHR Operations Centers are cognizant of
the DON EEO Program objectives and goals and those of theirserviced commands and units.
5.

Major Command Levela. The Heads of Major Commands are designated Command EEO
Officers. As such, they must:(1) Establish and sustain effective EEO programs within
their respective commands that are compliant with this
instruction and references (a) through (j) paying particularattention to the critical elements of a model EEO Program
outlined in reference (g);4

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019(2) Ensure that the EEO Program is administered in aneutral and impartial manner to safeguard the integrity of the
program;(3) Seamlessly integrate the principles of equality ofopportunity into their strategic missions;(4) Issue an annual policy statement to the workforce
affirming the principles of EEO upon assumption of command andannually thereafter;(5) Ensure a work environment that is free of hostile,
discriminatory, or offensive behavior;(6) Ensure that workplace harassment, regardless ofbasis, is not tolerated, is immediately investigated inaccordance with applicable procedures, and where substantiated,
appropriate action is taken;(7) Ensure that all supervisors and managers receive
training on their roles and responsibilities for effective EEO
program execution and efforts;(8) Be responsive to all DON OEEO direction, requests
and requirements; and(9) Establish and staff as appropriate the position of
Director, EEO that is filled as outlined in reference (k)andother program positions/requirements that are outlined in
enclosure (2) to meet or exceed acceptable servicing level
requirements in support of the command and their strategic
mission(s), and ensure all EEO practitioners:(a) Receive training to obtain and sustain technicalcompetencies; and(b) Are free from restraint, interference andreprisal in the execution of their duties or in their efforts tomaintain the integrity of the EEO Program.
b. The Director, EEO (DEEO) (formerly the Command Deputy
Equal Employment Opportunity Officer) of the Command has directaccess to the Head of the Major Command, who is designated as
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Enclosure (1)SECNAVINST 12713.14
22 Jan 2019
Command Equal Employment Officer (CEEOO), serving as primaryadvisor to the Command EEO Officer and Deputy Director, EEO
within the command. The Director, EEO is the authoritative
source within the command on EEO policies, practices andprocedures and the command’s technical expert on EEO Program
execution. As such, the Director, EEO must:(1) Ensure that the command’s program is compliant with
DON policy and all applicable laws and regulations and includes
all program components as listed in enclosure (2);(2) Provide direction, guidance and oversight on all
aspects of the command’s program to ensure effective program
execution efforts at subordinate Unit levels, to include
directing the efforts of the Command program managers for theAffirmative Employment Program, the Special Emphasis Program,the Individuals with Disability Program, and the Discrimination
Complaints Program;(3) In accordance with references (f) and (h), willpromptly review and make timely decisions regarding complaintsof discrimination. The DEEO will have the authority to sign all
EEO Program related correspondence for the Command andsubordinate commands, to include timely accepting/dismissing
discrimination claims, in coordination with or via delegatedauthority to the servicing Deputy Director, EEO (DDEEO) at theUnit Level;(4) Chair selection panels, under the direction of the
Director, OEEO, for the selection of Deputy Director, EEO for
subordinate Unit programs as outlined in reference (j);(5) Serve as a link between subordinate units and the
DON OEEO to monitor and enforce compliance with this Instruction
and other program requirements;(6) Conduct regular assessments of subordinate Unit
program execution efforts;(7) Ensure that EEO practitioners possess and maintainthe technical competencies to effectively execute their
responsibilities;

6

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019(8) Annually assess the status of EEO Program efforts
for the entire command and report accomplishments/plans to the
DON OEEO, as required;(9) Provide regular EEO Program updates to the CEEOO
and senior leadership; and(10) Work collaboratively with the command HR Officeand the command General Counsel to effectively accomplish
program goals and objectives.
6.

The Director, Civilian Human Resources must:a. Ensure that the principles of equal employment
opportunity are seamlessly integrated into all command HR
programs, polices, practices and procedures;
b. Ensure that the EEO principles are an integrated
component of the HR Program and that HR practitioners
collaborate in effectively accomplishing EEO program goals,
objectives, and execution efforts, including but not limited todata analytics, barrier analysis, workforce and executive
development, and recruitment;c. Implement a results-oriented performance assessment andaccountability system that holds managers and supervisors
accountable for upholding merit systems principles, eliminating
systemic, attitudinal and physical barriers to equal employment
opportunity, and for creating a culture of inclusion where all
employees are provided equal opportunity to succeed.
7.

Unit Levela. Unit Commanders or Heads of each Naval Unit/Marine Corps
command employing civilians are designated as Equal Employment
Opportunity Officers of their unit. As such, they must:(1) Establish and sustain an effective EEO program thatis compliant with DON policy, all applicable statutes andregulations, as well as their command’s directives, paying
particular attention to the critical elements of a model EEO
Program outlined in reference (g);7

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019(2) Ensure that the EEO Program is administered in aneutral and impartial manner to safeguard the integrity of the
program;(3) Seamlessly integrate the principles of equality ofopportunity into their strategic mission;(4) Issue an annual policy statement to the workforce
affirming the principles of EEO;
(5) Ensure a work environment that is free of hostile,
discriminatory, or offensive behavior;(6) Ensure that workplace harassment, regardless ofbasis, is not tolerated, is immediately investigated inaccordance with applicable procedures, and, where substantiated,
appropriate action is taken;(7) Ensure that all supervisors and managers receive
training on their role and responsibilities for effective
program execution and are held accountable;(8) Comply with the Major Command’s program direction,requirements and requests; and(9) Work with the Major Command to ensure thatsufficient resources are allocated to the EEO Program and ensure
EEO practitioners:(a) Receive training to obtain and sustain technicalcompetencies; and(b) Are free from restraint, interference andreprisal in the execution of their duties or in their efforts tomaintain the integrity of the EEO Program.
b. The Deputy Director, EEO (DDEEO) (formerly Deputy EEO
Officer) is at the unit level and has direct access to the EEOO
of their unit while serving as the principal EEO advisor to the
EEOO on all matters pertaining to the effective management of
the Unit’s EEO Program. As such, the DDEEO must:8

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019(1) Ensure that the Unit’s program is compliant with
DON and Major Command EEO policies and applicable laws andregulations and includes all program components as listed in
enclosure (2);(2) Provide direction, guidance and oversight on all
aspects of the Unit’s program, to include, but not limited to:(a) Providing sound advice/guidance to leadershipand supervisors/managers on their role and responsibilities for
the Unit’s EEO Program;(b) If delegated the authority by the Director, EEO
at the Major Command level, promptly review and make timely
decisions regarding complaints of discrimination. This includes
timely accepting/dismissing discrimination complaints. If
delegated the authority by the Director, EEO at the Major
Command level, the DDEEO will have the authority toaccept/dismiss claims and sign all EEO Program related
correspondence.
(c) Publicizing EEO program information to all
employees through the use of various media;(d) Conducting an annual assessment of the Unit’s
EEO Program, in compliance with enclosure (2) and in accordancewith Major Command requirements, and reporting results to the
Major Command, as required;(e) Directing the efforts of the Unit’s program
managers for the Affirmative Employment Program, the Special
Emphasis Program, the Individuals with Disability Program, andthe Discrimination Complaints Program to include but not limited
to:
1. Ensuring that barrier identification andelimination efforts are ongoing and that all relevant
stakeholders are involved in the barrier analysis process;2. Processing reasonable accommodation andpersonal assistance services requests for all relevant
stakeholders in accordance with applicable law, regulations, DON
and command requirements;
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Enclosure (1)SECNAVINST 12713.14
22 Jan 20193.

Implementing effective Special Emphasis

programs;
4. Managing the discrimination complaints
process in accordance with reference (f) and (h) and applicable
case law;
5. Managing disability-related complaints filed
under reference (c) and reference (m) and referring the issue(s)to responsible parties for possible resolution;
6. Managing and keeping current all enterprisedata systems, e.g., DON complaints management system, Navy
Electronic Accommodations Tracker (NEAT), as required;(f) Providing regular EEO program updates/briefs tothe unit EEOO, senior leadership and supervisors/managers;(g) Ensuring that all managers and supervisors
receive training on their role and responsibilities for
effective program execution and are held accountable;(h) Ensuring that EEO practitioners possess andmaintain the technical competencies to effectively execute their
responsibilities; and(i) Working collaboratively with HR practitioners
and local or command counsel to effectively accomplish program
goals and objectives.
8.

Human Resources Directors must:a. Work collaboratively with the Unit’s EEO Office toensure that the principles of equal employment opportunity areseamlessly integrated into HR programs, policies, practices andprocedures;
b. Ensure that the EEO principles are an integrated
component of the HR Program and that HR practitioners are active
participants in EEO Program execution efforts, including but notlimited to data analytics, barrier analysis, workforce andexecutive development, and recruitment;

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Enclosure (1)SECNAVINST 12713.14
22 Jan 2019c. Implement a results-oriented performance assessment andaccountability system that holds managers and supervisors
accountable for upholding merit systems principles, eliminating
systemic, attitudinal and physical barriers to equal employment
opportunity wherever possible, and for creating a culture ofinclusion where all employees are provided equal opportunity tosucceed.
9. Managers and supervisors make the day-to-day employment
decisions affecting employees. As a result, they have a
critically important role in the successful execution of the EEO
Program objectives. They must:a. Ensure that all employees and applicants for employment
are afforded equal opportunity to compete on a fair and levelplaying field without regard for race, religion, color, sex(including pregnancy, childbirth, or related medical
conditions), national origin, age, disability or genetic
information;b. Ensure that workplace harassment, regardless of basis,
is not tolerated, is immediately investigated in accordance withapplicable procedures, and, where substantiated, appropriate
action is taken;c. Actively support and participate in the accomplishmentof DON, Major Command and Unit EEO Program initiatives andbarrier analysis efforts;
d. Ensure a work environment that is free of hostile,
discriminatory, or offensive behavior;e. Provide effective and timely reasonable accommodations
and personal assistance services in accordance with applicableregulations and guidance;
f. Cooperate with EEO Officials, in a timely manner, whenrequested to participate in any facet of the EEO complaint
process including but not limited to fact finding inquiries,
investigations, hearings;g.

Ensure the dissemination of EEO Program information; and11

Enclosure (1)SECNAVINST 12713.14
22 Jan 2019h. Ensure that all employees and applicants for employment
are not retaliated against for filing a discrimination
complaint, participating in the discrimination complaint
process, opposing unlawful discrimination, or for requesting areasonable accommodation. This protection from retaliation
extends to all aspects of employment.
10. Employees. All employees have a role to play in the
successful execution of the EEO Program. They must:a. Ensure that they conduct themselves in a professionalmanner in the workplace;b.

Foster a discrimination-free work environment;c.

Take required EEO training; andd.

Cooperate with EEO Officials when requested.

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Enclosure (1)SECNAVINST 12713.14
22 Jan 2019
PROGRAM COMPONENTS AND REQUIREMENTS
1. The DON EEO Program consists of four major components: theAffirmative Employment Program, the Special Emphasis Program,the Individuals with Disabilities Program and the Discrimination
Complaints Program. These programs are mandatory at all levels
and each must have an identified program manager who reports tothe head of the EEO Office at that level. There are many
resources available to keep these programs both compliant withapplicable laws and regulations and consistent DON-wide:a. The DON EEO Program Manual. This is a separately issued
manual that will supplement and implement the policy establishedin this instruction and will define the required processes to befollowed that will ensure consistent program execution. Eachcomponent, tool, report, and process identified here will befully explained in the manual with sample formats, letters, tasks
and other helpful guidance as appropriate.
b. Available Tools. There are several tools available toassist EEO practitioners, as well as managers and supervisors, inthe execution of their program responsibilities. These tools aredescribed below with full details on access and use that will beavailable in the DON EEO Program Manual.
(1) Most helpful to overall program management is the
OCHR Portal. The portal provides information on all aspects of
HR and EEO program implementation and execution which isinvaluable for EEO practitioners who need to understand bothprograms. There are two sites on the portal. The public site
has EEO information for current and prospective DON employees.
The private site has policy and program guidance for DON EEO andHR practitioners. Practitioners can also find information on
the latest updates and news on emerging issues related to EEO.
The portal contains templates, forms and internal operatingprocedures to assist practitioners in the performance of their
EEO responsibilities.
(2) HR Link (EEO App) is a web-based, access-controlled,
password-controlled application, owned/operated by the Office ofCivilian Human Resources, which contains workforce demographic
data for appropriated fund employees. Development andmaintenance of the EEO App is ongoing based on the needs of the
DON EEO Program. It includes the availability of standard

Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
reports identified by users of the tool. Authorized users canalso access the A and B Workforce data tables by race, national
origin, gender and disability in compliance with reference (g)requirements.
(3) DON Complaints Management System is a web-based,
CAC-enabled application that provides a broad range of
discrimination complaints processing and management
capabilities. It includes a number of specific features for
tracking and managing federal government discrimination cases.
DON complaints management system includes a Notification andFederal Employee Antidiscrimination and Retaliation Act (No FEAR
Act) Report module that enables the DON to comply with No FEAR
Act regulatory requirements for quarterly reporting as well as
for Equal Employment Opportunity Commission’s (EEOC) Annual
Federal Equal Employment Opportunity Statistical Report ofDiscrimination Complaints (EEOC Form 462).
(4) Investigations and Resolutions Case Management
System (IRCMS) is an electronic, CAC-enabled system owned by theDiversity Management Operations Center’s (DMOC) Investigations
and Resolutions Directorate (IRD). IRD is chartered toinvestigate EEO complaints for Department of Defense (DoD)
components. DoD components are required to utilize IRCMS(formerly FileX) to submit requests for investigations, trackcases pending investigation at IRD, uploading documents for IRD,
and downloading reports once the investigation is completed.
(5) IRD Monthly Status Report. The IRD provides amonthly inventory of DON cases that are pending investigation orthat have been received at IRD for investigation. The DON OEEO
requires DON activities to review this report to ensure thatcases submitted to IRD are accurately docketed and any
discrepancies are immediately resolved.
(6) FEDSEP (formerly FileX) is a web-based, passwordcontrolled application owned by EEOC that is designed to accept
electronic submissions of hearing requests, hearing documents orfiles, and appeals.
(7) NEAT is a web-based, CAC-enabled application thatprovides a centralized system for tracking reasonableaccommodation requests throughout the DON. The utilization of2

Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
NEAT allows the DON to comply with federal requirements for
tracking reasonable accommodation requests and enables DON toprovide reasonable accommodation data to EEOC upon request inaccordance with reference (c) as amended. Access to NEAT islimited to individuals who process reasonable accommodation
requests, and to EEO practitioners who provide oversight andenforce compliance with DON’s Procedures for Processing Requests
for Reasonable Accommodation.
2.

EEO Reports

a. Per reference (g), the DON is required to conduct athorough self-assessment of its EEO program annually and thensubmit a report to the Equal Employment Opportunity Commission(EEOC) detailing the results (Annual EEO Program Status Report(EEOC FORM 715-01)). EEOC then reports to Congress. The DON
report includes assessment results from all Major Commands andtheir subordinate Units.
b. The EEOC’s Office of Federal Operations produces an
Annual Report on the Federal Workforce that includes, among
other data, information on federal equal employment opportunity
complaints and Alternative Dispute Resolution units. This datais collected from each agency in the Annual Federal Equal
Employment Opportunity Statistical Report of Discrimination
Complaints (EEOC Form 462). The DON Office of EEO inputs data
into the form provided on the EEOC Form 462 website which is notaccessible to the general public. While this is an automatedreport generated at the DON-level, Commands and Units are
required to review, update and resolve data issues in DON
complaints management system (the DON web-based complaints datatool) at least on a monthly basis to ensure all input iscomplete and accurate.
c. Reference (j) requires that federal agencies be
accountable for violations of anti-discrimination andwhistleblower protection laws. At least every two years,
agencies must provide training to employees, including managers,
regarding the rights and remedies available under the employment
discrimination and whistleblower protection laws. It also
requires federal agencies to post on their public web site

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Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
summary statistical data pertaining to complaints of employment
discrimination filed under reference (f) by employees, former
employees and applicants for employment.
d. DON Complaints Management System - EEOC Annual Status
Report of Discrimination Complaints (462). The DON is required
to report annually to the EEOC on the Status of Discrimination
Complaints (462 Report). This report is designed by EEOC andupdated as needed. The DON OEEO has the responsibility forcompiling the corporate DON 462 Report annually. All datacollected will be reviewed and verified by the DON OEEO.
3.

EEO Program Componentsa.

EEO Program Management(1) Description. To achieve its purpose, the DON EEO
Program must be administered as a comprehensive program, not as
independent program pieces. Therefore, strong program
leadership at all levels is key, encouraging teamwork,
collaboration and alignment of goals and efforts to ensure
program success.
(2) Key Elements and Processes. These program elements
and processes are required at all levels of the DON EEO Program
consistent with the program’s authority level as outlined in
enclosure (1):(a) The EEO Officer/head of the Major Command and/or
head of subcomponent issues an EEO policy statement within six
months of reporting on board and annually thereafter affirming
the original statement unless circumstances require a new policy
statement to be issued. The statement should be made available
to all employees annually as well as to new supervisors and new
employees.
(b) Heads of EEO Program Offices meet regularly withsenior leaders and managers to provide program updates andstatus reports. They also serve as collaborative partners in
employment-related discussions, participating in strategicplanning meetings.

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Enclosure (2)SECNAVINST 12713.14
22 Jan 2019(c) Heads of EEO Program Offices, Human Resources(HR) Officers, and supporting OGC attorneys meet regularly to
discuss common issues and collaborate on barrier analysis
efforts and the design and implementation of HR programs andinitiatives. Their blended viewpoints provide the necessary
expertise to build and maintain effective policies, practices
and procedures that comply with governing EEO laws andregulations.
(d) Ongoing analysis of workforce data (i.e.
accessions, promotions, and separations), HR survey results,
complaint statistics, comments from employees/employee groups,
and other data, provides critical information and should beshared with many areas of the organization to ensure necessary
corrective steps are taken.
(e) In addition to the required annual brief on thestatus of the EEO Program, the head of the EEO Office will brief
the EEO Officer and senior leadership on a regular basis. These
briefings will address topics that are of interest andimportance to the organization, e.g., discrimination complaints
trends and costs, workforce profile changes, and barrier
analysis results.
(f) The Head of the EEO Office is responsible forthe annual EEO Program self-assessment which requires acoordinated plan of action that includes the participation of
all stakeholders, captures ongoing barrier analysis efforts andresults, and creates the resultant status report.
(g) All managers and supervisors must receive
training every three years that helps them execute their
responsibility to ensure equality of opportunity and adiscrimination-free work environment. Upon selection to a
manager or supervisor position, training must occur with 90
days. It can be stand-alone or offered as part of an ongoingsupervisory training program. Content is determined by theoutcome of ongoing analysis of workforce data, the workplace
climate, discrimination complaints, or input from other sources.
This required training must be tracked and monitored.
(h) The DON OEEO provides information and guidanceon implementing the latest changes in laws/regulations and DON

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Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
policies/procedures through monthly meetings and ongoing
communication. DEEOs of commands communicate regularly with allcommand DDEEOs and will confirm that all Unit EEO practitioners
receive the necessary training to enhance their skills. In
particular, EEO specialists serving as EEO counselors mustreceive 32 hours of complaints counseling training prior toassuming counseling duties and all EEO counselors are required
to receive at least 8 hours of continuing EEO counselingtraining every year.
b.

Affirmative Employment Program(1) Program Description. The Affirmative Employment
Program (AEP) is the heart of the EEO Program. Through ongoinganalysis, the AEP is designed to identify and eliminate barriers
to equal employment opportunity for all current and potential
members of the workforce, making it the foundation on which theother EEO program elements and initiatives are built. Allavailable workforce data is regularly evaluated by factors suchas race, ethnicity, gender and disability in pay plans, grades,
and major occupations. However, as conclusions concerning theexistence of workplace barriers cannot be drawn from grossnumerical assessments alone, thorough analysis of employment
policies, practices, and procedures (e.g., recruitment, hiring,promotions, awards, separations and developmental
opportunities.) is also conducted to gain a more comprehensive
picture of possible workplace barriers to equal opportunity.
(2) Key Elements and Processes. These program elements
and processes are required at all levels of the DON EEO Program
consistent with the program’s authority level as outlined in
enclosure (1):(a) Conduct analysis for barriers to fullparticipation of all groups in the DON workforce:
1.

Review all workforce data regularly;

2. Conduct regular analyses of workforce
separations and accessions; and6

Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
3. Collaborate with HR in the regular review of
employment policies, practices and procedures as part of ongoingbarrier analysis.
(b) Manage the EEOC-mandated annual self-assessmentof the DON EEO Program which assesses the progress made during
the year in both program execution and barrier identification
and removal efforts. This management includes:
1. Creating a plan for corrective action for
identified barriers and ensuring that the plan is completed; and2. Assisting in coordinating the completion of
the Annual EEO Program Status Report.
(c) Work with managers and supervisors providing theinformation necessary to help them execute their responsibility
to ensure equality of opportunity.
c.

Special Emphasis Program(1) Program Description. While the AEP focuses on theparticipation of all groups in the workforce, the Special
Emphasis Program (SEP) exists to improve the employment andadvancement opportunities of each of the groups individually,
identifying systemic barriers to opportunity and monitoring
progress in eliminating discrimination and adverse impact oneach group. The following programs within the SEP areelective: Black Employment Program, Asian American/PacificIslander Employment Program, Native American Employment Programand all other groups. The Individuals with Disabilities
Program (IWDP) is typically included as part of an agency’s
SEP. Due to the nature of EEOC’s affirmative action
requirements for disability employment, the DON IWDP has been
designated as a separate program for the DON, similar to DoD
components and other federal agencies. Federal Women’s
Program, Hispanic Employment Program, and Individuals with
Disabilities Program are mandatory programs.
(2) Key Elements and Processes. These program elements
and processes are required at all levels of the DON EEO Program
consistent with the program’s authority level as outlined in
enclosure (1):7Enclosure (2)SECNAVINST 12713.14
22 Jan 2019(a) Work with the AEP to identify barriers to thehiring, development and advancement of the individual groups
Evaluate workforce data on promotions, training, awards anddisciplinary actions to ensure they are enacted in a
nondiscriminatory manner with no adverse impact to a particulargroup;(b) Develop and implement special program
initiatives that will enhance the employment and advancement
potential of a particular group;(c) Participate in the annual self-assessment of the
DON EEO Program and the resultant EEO Program Status Report;(d) In observance of Special Emphasis months,
conduct training that addresses identified needs of the group or
an event that showcases their successes in the workplace;(e) Collaborate with Human Resources and Diversity
Offices annually in the accomplishment of the Federal Equal
Opportunity Recruitment Program and the Disabled VeteransAffirmative Action Program reports to the Department of Defense;
and(f) Work with managers and supervisors providing theinformation necessary to help them execute their responsibility
to ensure equality of opportunity.
d.

Individuals with Disabilities Program(1) Program Description. In compliance with reference(c), the DON Individuals with Disabilities (IWD) Program takes
proactive steps to ensure equal employment opportunity for DON
employees with disabilities as well as applicants for
employment, striving to prevent discrimination before it occurs.
The IWD Program Manager at all DON levels is responsible for
ensuring that the DON is working toward model program status.
(2) Key Elements and Processes. These program elements
and processes are required at all levels of the DON EEO Program
consistent with the program’s authority level as outlined in
enclosure (1):8

Enclosure (2)SECNAVINST 12713.14
22 Jan 2019(a) Provide ongoing advice, guidance, and assistance
related to the DON IWD Program;(b) Work collaboratively with HR professionals toensure ongoing efforts are in place to:
1. Provide hiring officials information about
DON goals for hiring IWD and Individuals With Targeted
Disabilities (IWTD) and the use of the Schedule A(u) Hiring
Authority;
2. Increase the participation rate of IWD and
IWTD in the workforce and at higher grade levels; and3. Ensure all aspects and benefits of
employment are accessible to people with disabilities, toinclude facilities and electronic and information technology.
(c) Conduct analysis for barriers to fullparticipation of people with disabilities in the DON workforce:
1. Review all workforce data regularly;
2. Collaborate with HR in the regular review of
employment policies, practices and procedures as part of ongoingbarrier analysis;(d) Address any/all identified biases present in theworkforce;(e) Timely process complaints arising pursuant toreference (c) and reference (m) in compliance with governing
regulations;(f) Process requests for reasonable accommodationand personal assistance services, tracking the process to ensure
timeliness and compliance with DON policy; and(g) Provide training on disability laws andregulations, affirmative action requirements, barrier analysis,
accessibility of electronic and information technology andfacilities, and DON reasonable accommodation and personal
assistance services procedures as needed.

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Enclosure (2)SECNAVINST 12713.14
22 Jan 2019e.

Discrimination Complaints Program(1) Program Description. The DON Discrimination
Complaints Program ensures that discrimination complaints filed
against the DON are processed promptly, impartially, and inaccordance with governing regulations and DON policy. This
policy ensures that individuals filing discrimination complaints
are free from restraint, interference, coercion, harassment,
discrimination and reprisal. It also requires that individuals
with complaint processing responsibilities are held accountable
for meeting all processing regulatory requirements.
(2) Key Elements and Processes. These program elements
and processes are required at all levels of the DON EEO Program
consistent with the program’s authority level as outlined in
enclosure (1):(a) Provide authoritative advice and guidance on
discrimination complaints process;(b) Ensure discrimination complaints processing istimely and compliant with all regulatory requirements;(c) Conduct discrimination complaints trends
analyses to uncover any issues or concerns and share the resultswith leadership and appropriate individuals and offices; typesof analysis should include:
1. Status and timeliness of complaints
processing;
2. Type and number of complaints filed;
3. Remedies;
4. Settlement agreements; and5. Findings of discrimination.

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Enclosure (2)SECNAVINST 12713.14
22 Jan 2019
DEFINITIONS
1. Barrier. An agency policy, principle or practice that
limits or tends to limit employment opportunities because of anindividual’s race, color, religion, sex (including pregnancy),
national origin, age, disability, genetic information (including
family medical history) or reprisal for protected activity.
2.

Disability.

With respect to an individual:a. A physical or mental impairment that substantiallylimits one or more major life activities (e.g. seeing, hearing,eating, sleeping, walking, etc.) of such individual.
b. A record of (i.e. has a history of, or has been
misclassified as having) a physical or mental impairment that
substantially limits one or more major life activities.
c. Being regarded as having an impairment (i.e. theindividual has been subjected to an action prohibited by theAmericans with Disabilities Act, as amended), because of an
actual or perceived impairment that is not both transitory(lasting or expected to last six months or less) and minor.
3. Discriminate or discrimination. Limits, segregates, orclassifies employees or applicants for employment in any way
that deprives or tends to deprive any individual of employment
opportunities or otherwise adversely affects his or her status
as an employee because of a prohibited basis, or in the case ofqualified individual with a disability, because of his or her
disability or the failure to reasonably accommodate theindividual. EEO Bases of Discrimination are:a. Age. Reference (a) forbids age discrimination against
people who are 40 years of age or older. The law protects thisgroup from discrimination when it comes to any aspect of
employment, including hiring, firing, pay, job assignments,
promotions, layoff, training, fringe benefits and any otherterms or conditions of employment.
b. Color. Although reference (d) does not define “color,”
the courts and the EEOC read “color” to have its commonly
understood meaning – pigmentation, complexion, or skin shade or
tone.
Enclosure (3)SECNAVINST 12713.14
22 Jan 2019
Thus, color discrimination occurs when a person is discriminatedagainst based on the lightness, darkness, or other color
characteristic of the person. Color discrimination can also
involve someone being treated unfavorably because s/he ismarried to (or associates with) a person of a certain color or
because of the person’s connection to an organization associatedwith people of a certain color.
c. Disability. Reference (c) prohibits employment
discrimination against individuals with disabilities in thefederal sector. Disability discrimination occurs when an
employer or other entity covered by reference (c) treats aqualified individual with a disability unfavorably because of adisability, or because that person has a history of adisability, or because that individual is believed to have aphysical or mental impairment. This law also requires that a
qualified individual with a disability be provided a reasonableaccommodation, so long as it does not create an undue hardshipon the operations of the agency.
d. Genetic information. Reference (b) prohibits genetic
information discrimination in employment. Reference (b)prohibits the use of genetic information in making employment
decisions, restricts employers and other covered entities fromrequesting, requiring, or purchasing genetic information, andstrictly limits disclosure of genetic information. Genetic
information includes information about an individual’s genetic
tests and the genetic tests of an individual’s family members,
as well as information about the manifestation of a disease ordisorder in an individual’s family member (i.e., family medical
history).
e. National origin discrimination. National origin
discrimination involves treating people (applicants or
employees) unfavorably because they are from a particularcountry or part of the world, because of ethnicity or accent, or
because they appear to be of a certain ethnic background (evenif they are not).
f. Race. Reference (d) does not contain a definition of“race,” nor has the EEOC adopted one. For the collection offederal data on race and ethnicity, the Office of Management andBudget has provided the following five racial categories:
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Enclosure (3)SECNAVINST 12713.14
22 Jan 2019
American Indian or Alaska Native; Asian; Black or African
American; Native Hawaiian or Other Pacific Islander; and White;and one ethnicity category, Hispanic or Latino. Race
discrimination involves treating someone unfavorably becauses/he is of a certain race or because of personal characteristics
associated with race (such as hair texture, skin color, or
certain facial features). This type of discrimination also
involves treating someone unfavorably because the person ismarried to (or associated with) a person of a certain race orconnection to an organization generally associated with peopleof a certain race.
g. Religion. Religious discrimination involves treating aperson unfavorably because of his/her religious beliefs. The
law protects not only people who belong to traditional,organized religions, but also others who have sincerely held
religious, ethical or moral beliefs. The law also requires thatan agency reasonably accommodate an employee’s religious
beliefs, absent undue hardship. Religious discrimination also
can involve treating someone less favorably because the person
is married to (or associated with) an individual of a particularreligion or because of connection with an organization or groupthat is generally associated with people of a certain religiousorganization or group. Statutory and regulatory frameworks
include “beliefs or practices or lack thereof.”h. Retaliation. Retaliation occurs when an employer takes
a materially adverse action because an individual has engagedin, or may engage in, activity in furtherance of the EEO laws
the Commission enforces. These laws prohibit retaliation
because an individual engaged in “protected activity.”
Generally, protected activity consists of either participating
in an EEO process or opposing conduct made unlawful by an EEO
law.
i. Sex. Sex discrimination involves treating someone (anapplicant or employee) unfavorably because of that person's sex.
Sex discrimination also can involve treating someone lessfavorably because of his or her connection with an organization
or group that is generally associated with people of a certain
sex. Sex discrimination may include allegations of sexual
harassment or harassment on the basis of the person’s gender.
Equal pay and compensation violations based on reference (e) are3

Enclosure (3)SECNAVINST 12713.14
22 Jan 2019
also sex-based discrimination. Reference (e) requires that men
and women in the same workplace be given equal pay for equalwork. Reference (d) forbids discrimination based on pregnancy
when it comes to any aspect of employment, including hiring,firing, pay, job assignments, promotions, layoff, training,
fringe benefits (such as leave and health insurance), and anyother term or condition of employment.
j. EEOC MD-715. Reference (g) outlines the
responsibilities of federal agencies to establish and maintaineffective EEO programs pursuant to reference (c) and reference(d).
k. Harassment. Harassment is unwelcome conduct that isbased on race, color, religion, sex (including pregnancy,
childbirth, or related medical conditions), national origin,age (40 or older), disability or genetic information.
Harassment becomes unlawful where (1) enduring the offensive
conduct becomes a condition of continued employment, or (2) the
conduct is severe or pervasive enough to create a work
environment that a reasonable person would consider
intimidating, hostile, or abusive. Anti-discrimination lawsalso prohibit harassment against individuals in retaliation forfiling a discrimination charge, testifying, or participating in
any way in an investigation, proceeding, or lawsuit under theselaws; or opposing employment practices that they reasonably
believe discriminate against individuals, in violation of theselaws. Petty slights, annoyances, and isolated incidents(unless extremely serious) will not rise to the level ofillegality.
4. Major Command. EEO Major Commands to include to include the
Office of the Chief of Naval Operations (OPNAV), Headquarters,
U.S. Marine Corps (HQMC), the Office of the SECNAV(Secretariat), Office of Naval Research (includes Naval ResearchLab), Naval Intelligence Command, Bureau of Medicine, Naval Air
Systems Command, Naval Personnel Command, Naval Supply Systems
Command, Naval Sea Systems Command, Naval Facilities andEngineering Command, Strategic Systems Programs, Military
Sealift Command, Space and Naval Warfare Systems Command, Naval
Installations Command, Fleet Cyber Command, U.S. Fleet Forces
Command, U.S. Pacific Fleet, Navy Reserve Forces Command, Naval

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Enclosure (3)SECNAVINST 12713.14
22 Jan 2019
Special Warfare Command, and Naval Education and Training
Command.
5. Personal assistance services. Assistance with performing
activities of daily living that an individual would typically
perform if he or she did not have a disability, and that is nototherwise required as a reasonable accommodation, including
assistance with removing and putting on clothing, eating, andusing the restroom.
6. Reasonable Accommodation. Generally, any modification or
adjustment to a job application process, the work environment or
to the manner or circumstances under which work is customarily
performed that enables a qualified individual with a disability
to perform the essential functions of a position or enjoy equal
benefits and privileges of employment as are enjoyed bysimilarly situated individuals without a disability.
7. Unit. An organization or installation performing a function
or a mission, typically represented by Unit Identification Code
(UIC).
8. Unit Head/Head of a Unit. The official who has overall
responsibility for managing a Unit/UIC.

5

Enclosure (3)