DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Indian Health Service|
Rockville MD 20857
JUL 11 1997
Oklahoma City Area
FROM: Director of Headquarters Operations
SUBJECT: Delegation of Authority to Establish and Maintain Equal Employment Opportunity Programs
Authority Delegated and to Whom
1. Pursuant to the delegation of authority from the Director,
Indian Health Service (IHS) dated JUN 18 1997
I hereby delegate to the Director, Oklahoma City Area IHS,
the authority to exercise personal leadership for
establishing and maintaining Equal Employment Opportunity
(EEO) programs for the Albuquerque Area, Navajo Area,
Oklahoma City Area, and IHS Headquarters West.
2. Specifically, you are delegated the authority to:
a. Develop and implement required affirmative employment
b. Conduct community outreach activities.
c. Select, train and make EEO counselors available for
mandatory pre-class and pre-individual discrimination
complaint counseling, including the establishment of
alternative dispute resolution procedures to be used as
adjuncts to precomplaint counseling.
d. Provide EEO training to staff, volunteers, supervisors
and managers and other personnel.
e. Provide prompt, fair and impartial consideration of
complaints charges and claims, including matters
presented by aggrieved employees to EEO counselors,
emphasizing informal resolution of disputes.
f. Investigate individual and class complaints.
g. Provide complainants with a copy of the investigative
file and notify them of their right to a hearing or an
immediate final agency decision.
h. Conduct, any required or appropriate inquiry, and issue.
any subsequent written report, as may be required under
the Age Discrimination in Employment Act of 1967, as
amended, and under applicable implementing
J. Approve settlement agreements that do not exceed
$10,000 (agreements including retroactive personnel
actions and/or back pay require the concurrence of the
appropriate servicing personnel officer, or designee,
as to technical accuracy).
j. Award attorneys' fees that do not exceed $10,000 in
accordance with applicable laws and regulations.
k. Issue final decisions on the merits of those complaints
for which the complainant does not timely request
either a hearing or an immediate final decision.
Authority to Redelegate and Limitations
3. The above authority may be redelegated to the EEO Manager,
Oklahoma City Area, to be exercised only for the Albuquerque
Area, Navajo Area, Oklahoma City Area,and IHS Headquarters
a. The authority to accept, dismiss, and cancel individual .
and class complaints is retained at IHS Headquarters.
All formal complaints must be reported to the Director,
EEO/Civil Rights (CR) Staff, IHS Headquarters
b. Lump sum, back pay, and awards of attorneys' fees in
excess of $10,000 must be reviewed and approved by the
Director of Headquarters Operations (DHO), IHS. The
IHS EEO/CR staff is responsible for reviewing and
calculating compensatory damages in excess of $10,000
and not greater than $300,000 (past/future/non-
pecuniary losses per the Civil Rights Act of 1991).
c. The authority to request that the Commissioners of the
Equal Employment Opportunity Commission (EEOC) reopen
and reconsider a previous appellate decision of the
EEOC Office of Federal Operations concerning procedural
dismissals or merit determinations made by the IHS, is
delegated to the Director, EEO/CR staff, IHS
4. If a. claim or charge involves the action of a .person. who has
an organiiational peer relationship with the official to
whom these authorities are redelegated,. processing of the
" complaint shall be done under your personal guidance and
5. The EEO/CR Staff, IHS Headquarters, is responsible for
conducting investigations of any complaints initiated
against the Oklahoma City Area EEO Manager, the Deputy DHO,
Headquarters West, and/or the Area Directors of Albuquerque
Area, Navajo Area; and Oklahoma City Area, or any line
official superior to the Oklahoma City Area EEO Manager.
6. The authorities delegated herein are limited to matters
affecting civilian employees and applicants for civilian
employment. They do not extend to functions, vacancies or
personnel in the Commissioned Corps of the U.S. Public
Health Service, except as delegated in 2.k. above.
7. The Director of EEO, OS, retains the authority to:
a. Make the Department's final decision on the merits of
complaints other than those delegated to you in
paragraph 2.k. above.
b. Process, investigate, and decide cases when the matter
involves a conflict or potential conflict of interest
because the complainant or claimant is under the direct
management supervision of the Director, IHS, or the
Director, EEO/CR Staff, IHS, or the matter involves
actions by the Director, IHS, the Director, EEO/CR
Staff, IHS, or a staff or line official superior to the
Director, EEO/CR Staff, IHS.
c. Process allegations of discrimination or harassment
because of sexual orientation (memorandum issued
February 4, 1994) including accepting, rejecting, and
investigating cases; issuing final decisions, preparing
departmental appellate decisions; etc.
d. Process Public Health Service Commissioned Corps
complaints including issuing final agency decisions for
the Acting Surgeon General.
Information and Guidance
8. Information and guidelines for exercising these authorities
are contained in Title 29, Code of Federal Regulations
Part 1614, appropriate guidelines and management directives
promulgated by EEOC, and related Department instructions.
9. This delegation is effective on date of signature.
/Luana L. Reyes/
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