[Electronic copy. Signed original on file in Office of Policy]

Director's Order #16D: Equal Employment Opportunity and Zero Tolerance of Discrimination

Approved: /s/ Jonathan B. Jarvis

Director

Effective Date: 12/28/2011

Duration: This Order will remain in effect until amended or rescinded by the Director

This Policy Statement on Equal Employment Opportunity supersedes the statement issued through the March 2, 2010, edition of Director's Order #16D.

Contents

[1.] Purpose and Background

[2.] Authority for Issuing this Director's Order

[3.] Equal Employment Opportunity Policy

[4.] Responsibilities

[5.] Related Guidance Documents

[1]. Purpose and Background

The purpose of this Director's Order is to articulate our policies for seeking and achieving equal employment opportunity in the National Park Service workplace. It makes clear that we have a policy of zero tolerance of discrimination in the workplace.

The Service employs a diverse workforce composed of individuals with a variety of technical and program skills that are utilized for preserving, protecting, and maintaining our national park areas and providing vital community assistance and visitor services. The Service must maintain an environment that is free of discrimination and hostility. This is necessary for accomplishing our goal of attracting, hiring, developing, and retaining a quality diverse workforce that achieves our mission. It is necessary also in order to meet the expectations of our citizens and the international visitors we serve. The support and cooperation of every employee is essential as we work toward making the National Park Service the model Federal agency.

The Service will make full use of its workforce by promoting workplace practices, procedures and policies that provide opportunities for the best talent available. All workers must be provided the opportunities to compete on fair and level playing fields and to achieve their fullest potential as employees.

[2]. Authority for Issuing this Director's Order

Authority for issuing this Director's Order is contained in the NPS Organic Act (16 U.S.C. 1 through 4) and delegations of authority found in Part 245 of the Department of the Interior Manual. This Order is intended only to improve the internal management of the Service and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees or any other person. It will be implemented consistent with applicable law and subject to the availability of appropriations.

[3]. Equal Employment Opportunity Policy

Discrimination in employment is unlawful and will not be tolerated by the National Park Service. The Service is totally committed to maintaining a workplace where equal access to employment opportunity is assured for all employees and applicants for employment without regard to race, color, religion, age, national origin, gender, sexual orientation, genetic information, or disability (physical or mental). No person shall be subjected to retaliation/ reprisal for opposing any discriminatory practice or for participating in any stage of the administrative or judicial proceedings.

We will ensure that all of the Equal Employment Opportunity (EEO) and civil rights laws are strictly enforced in our Federal and federally assisted programs. Our policy on equal employment opportunity is based on and consistent with relevant laws; regulations issued by the Equal Employment Opportunity Commission (EEOC) at 29 CFR 1614; related EEOC Management Directives; and Department of the Interior policies.

The Service is committed to maintaining a workplace where equal access to employment opportunities is assured for all employees and applicants for employment. In that context, the Service will:

• Prohibit discrimination in all phases of employment by identifying and eliminating all policies, procedures, and practices that are barriers to equal access to employment opportunities;

• Ensure the prompt and fair processing and disposition of discrimination complaints;

• Promote the full realization that all employees will be treated equally in all terms, privileges, and conditions of their employment;

• Ensure that all employees are treated fairly;

• Ensure that all employees arc recognized and rewarded based upon ability and merit for their contributions;

• Provide equal access to opportunities for growth, development and advancement to all employees;

• Increase, through effective outreach to all segments of our society, the representation of women, minorities, and individuals with disabilities in all occupational series, grade levels and locations where they are underrepresented and/or nonexistent;

· Ensure that the work environment is conducive to productivity and success for all employees and free of threatening, harassing, hostile or demeaning behavior; and

· Ensure that employees found to have engaged in illegal actions are subjected to the appropriate penalties found in the Departmental Guidance on Disciplinary Actions.

[4]. Responsibilities

A. To achieve equal access to equal opportunity, all managers and supervisors in the National Park Service must exhibit an active and supportive commitment to perpetuating an organizational climate where every employee has the opportunity to perform at his or her fullest potential. This commitment to equal employment opportunity will extend to Federal civil rights laws related to programs conducted by, or receiving financial assistance from, the National Park Service.

B. It is essential that all managers and supervisors understand that they are personally responsible and accountable for their performance and accomplishments in the areas of equal access to equal opportunity and improving the overall diversity of the National Park Service.

C. It is also essential that employees understand that they are personally responsible for ensuring that the work environment is conducive to productivity and the achievement of our mission and free from threatening, harassing, hostile or demeaning behavior.

D. The National Park Service Equal Employment Opportunity (EEO) Program Plan as prescribed by the EEOC's Management Directive 715 was approved on December 20, 2004, and updated annually. The Servicewide Equal Employment Opportunity Program Manager has been charged to ensure that:

• The EEO Program Plan is communicated Servicewide;

• Any action items identified in the EEO Program Plan are communicated to those who are responsible for implementing the actions; and

• Annual EEO Policy Statements are developed for my signature and dissemination to all employees.

E. All managers and supervisors tasked with taking actions prescribed in the EEO Program Plan will provide timely information to the EEO Program Manager regarding the status of action items and any other EEO related issues for which the Service is required to generate and analyze data.

[5]. Related Guidance Documents

This Order may be supplemented by an annual statement affirming the Director's commitment to Diversity. The Order is one in a series that also includes, or will include:

#16A: Reasonable Accommodations for Applicants and Employees with Disabilities. (Now being revised since it was last issued, May 4, 1999.)

#16B: Diversity in the National Park Service

#16C: Discrimination Complaints Process

#16E: Sexual Harassment

# 16F: National Park Service Anti-Harassment Policy

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