Flashcards in Equal Opportunity Deck (87):
What chapter covers the EO program in AR 600-20?
What is the purpose of the EO program?
EO program formulates, directs, and sustains a comprehensive effort to maximize human potential and to ensure fair treatment for all persons based solely on merit, fitness, and capability in support of readiness
What is the EO program based on?
Fairness, justice, and equality
Who is responsible for maintaining a positive EO climate in the unit?
What are the goals of the EO program?
Provide EO for military personnel and family members both on and off post and within the limits of the laws of localities, states, and host nations
Create and sustain effective units by eliminating discriminatory behaviors or practices that undermine teamwork, mutual respect, loyalty, and shared sacrifice of the men and women of Americas army
When does the EO program apply?
On and off post, during duty and non duty hours
Applies to working, living, and recreational environments
What is discrimination?
Any action that unlawfully or unjustly results in unequal treatment of persons or groups based on race, color, gender, national origin, or religion
What are Disparaging terms?
Terms used to degrade or connote negative statements pertaining to race, color, national origin, or religion. Including verbal statements, printed material, visual material, signs, symbols, posters or insignia
What is equal opportunity?
The right of all persons to participate in, and benefit from, programs and activities for which they are qualified
How should soldiers be evaluated?
Individual merit, fitness, and capabilities, regardless of race, color, national origin or religion
What is gender discrimination?
Action taken by an individual to deprive a person of a right because of their gender
What is national origin?
An individual's place of origin or that of an individual's ancestors. A person who has physical, cultural, or linguistic characteristics of a national group
What is prejudice?
A negative feeling or dislike based upon a faulty or inflexible generalization. Ex. Thinking that someone with a southern accent is unintelligent or uneducated because they speak slower
What is race?
A division of human beings identified by the possession of traits transmissible by descent and that is sufficient to characterize persons possessing these traits are distinctive human genotype
What identifies a person as American Indian or Alaska Native?
A person having origins in any of the original peoples of north and South America, who maintains tribal affiliation or community attachment
What identifies a person as Asian?
A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinents including Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, Philippine islands, Thailand, and Vietnam
What is racism?
Any attitude of action of a person or institutional structure that subordinates a person or group because of skin color or race
What is sexism?
Attitudes and beliefs that one gender is superior to another
What does EOA stand for?
Equal Opportunity Advisor
At what level should there be an EOA?
BDE and higher
What is EOR?
Equal Opportunity Representative
What level should have EORs?
Company and BN levels
What must the rank of an EOR be?
SGT(P) and above
What is the army's EO/sexual harassment assistance line number?
When must a commander conduct a command climate survey after taking command?
Within 30 days of taking command
How often should commander conduct command climate surveys?
Within 30 days of assuming command, again after 6 months and annually
Are commanders required to provide feedback of command climate surveys to subordinates?
Yes within 30 days of conducting the survey
What must happen if someone is removed from EO duty?
The NCO or officer must receive a "relief for cause" evaluation immediately after being relieved
What are some reasons that a location may be considered "off limits"?
Public accommodations and establishments falsely claiming to be private clubs with discriminatory policies and practices against soldiers in a command
Who is the approving authority to place an off post establishment off limits?
The Armed Forces Disciplinary Control Board
What are the individual rights of soldiers, family members and DA civilians when processing EO complaints?
Present a complaint to the command without fear of intimidation, reprisal, or harassment
Communicate with the commander concerning their complaint
Receive training on the army's EO complaint and appeals process
Receive assistance when submitting a complaint
What is the responsibility of the individual filing the complaint?
Advising the command of any incidents of sexual harassment and unlawful discrimination complaints and providing the command an opportunity to take appropriate action to rectify/resolve the issue
What is the first thing that someone should attempt if they have an EO issue?
Attempt to resolve the complaint by first informing the alleged offender that the behavior must stop
Where in AR 600-20 does it list how to file a complaint?
What regulation governs the investigations of EO complaints?
If a leader has not supported the EO program, what must the roster do?
Annotate this on the NCOER/OER
What should the rated put on the NCOER?
"Does not support EO" in the performance section or place a "No" in the values section and place a bullet in the values section
What should a rater put on the OER?
"Does not support EO" in the respect section
What is an EOAP?
Planned, achievable steps that eliminate practices denying fair and equal treatment to soldiers and their families and that monitor progress toward these goals
What does EOAP stand for?
Equal opportunity action plan
When must units review EOAPs?
Why are EO special/ethnic observances conducted?
To enhance cross-cultural awareness among soldiers, civilian employees and their families
What are observances designed to recognize?
Achievements and contributions made by members of specific racial, ethnic, gender groups in our society
What is an EO complaint?
Complaints that allege unlawful discrimination or unfair treatment in the basis of race, color, religion, gender, or national origin
Where are the procedures for handling EO complaints from civilian personnel?
What are the two types of EO complaints?
Formal and informal
What is an informal complaint?
Complaint not filed in writing
How can informal complaints be resolved?
Directly by the individual, with the help of another unit member, the commander, or other person in the complainants chain of command
What are some actions taken to resolve informal complaints?
Discussion, problem identification, and clarification of the issues
What is the time suspense of an informal complaint?
What should anyone working on the resolution of informal complaints do at a minimum?
Complete a memorandum for record
What are some other channels that a person can use to file a complaint if the complaint is against the chain of command?
Someone in a higher echelon of the complainants chain of command
Medical agency personnel
Staff judge advocate
Chief, community housing referral and relocation services office
Are informal complaints required to be confidential?
No, except for a chaplain or lawyer
What is a formal complaint?
Complaint files in writing and swears to the accuracy of the information. These require specific actions, are subject to timelines and require documentation of the actions taken
What does AR 600-20 cover?
Army command policy
What is the form used to file a formal complaint?
DA Form 7279 - equal opportunity complaint form
How long do soldiers have to file a formal complaint?
60 days from the incident
Who should a formal complaint be filed with?
The commander at the lowest echelon of command at which the complaint may be assured of receiving a thorough, expeditious, and unbiased investigation of the allegations
Besides the commander, where else can a person file a formal complaint?
Someone in a higher echelon of the complainant's chain of command
Medical agency personnel
Staff judge advocate
Chief, community housing referral and relocation services office
If a complaint is filed with the inspector general with the inspector general what are the timelines of the complaint?
There are no timelines for the complaint if filed with IG. It is taken as an Inspector General Action Request
When must a commander report a formal complaint to the first General Courts-Martial Convening Authority (GCMCA)?
At 21 days and then every 14 days thereafter
After receiving a complaint, what type of plan must a commander initiate?
A plan to protect the complainant, any named witnesses, and the subject from acts of reprisal
What are the required enclosures for an investigative report?
Orders of appointment as investigative officer
Copy of DA Form 7279 w/attached continuation sheets
Copy of completed/initialed commanders plan to prevent reprisal
List of questions developed with EOA
Statements/synopsis of interviews with complainant, named witnesses, and subject and relevant members of the COC
Copies of supporting documents
Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit
Written approval of next higher echelon commander for any approved extensions
Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses
Written review by the EOA
What is the purpose of the investigation?
To determine to the maximum extent possible what actually occurred, to assess the validity of allegations mad by the complainant, to advise the commander of any leadership or management concerns that might contribute to perceptions of unlawful discrimination and poor unit command climate, and to recommend appropriate corrective actions
What is the required initial actions of an investigation by the commander?
The commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initialed DA Form 7279, which identifies the complainant and lists the allegations to be investigated
What are the army regulations that should be used during an investigation?
AR 15-6 and AR 600-20
Who should the investigating officer meet with prior to conducting the investigation?
Every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations
What must the investigating officer do prior to questioning a soldier?
Give the soldier their ART. 31 rights warnings
Where should the investigating officer record that rights have been given to the soldier?
DA Form 3881 (Rights Warning Procedure/Waiver Certificate)
What should the investigating officer do to complete the investigation report?
Review the evidence, determine if the investigation adequately addresses allegations, make factual findings about what occurred, and provide recommendations consistent with the findings
What is required during the EOA review of the investigation?
A meeting with the investigating officer and the EOA must review the report and attach a memorandum documenting his/her review
By what actions are a complaint resolved?
A complaint is resolved by action to restore benefits and privileges lost because of unlawful discrimination or sexual harassment
After legal review, what must the appointing authority decide?
Whether further investigation is necessary or whether to approve all or part of the findings and recommendations
Where will actions taken by the commander and the COC be annotated?
On DA Form 7279, part III
Where is an allegation of discrimination that is substantiated be annotated?
DA Form 7279, part II
When an allegation of discrimination is substantiated what must the Commander decide?
What corrective action to take
What are two types of corrective action that the commander can choose?
How is a complaint determined to be substantiated?
A complaint that, after completing an inquiry/investigation, provides evidence to indicate that the complainant was more likely than not treated differently because of his race, color, national origin, gender, or religious affiliation
How is a complaint determined to be unsubstantiated?
The greater weight of evidence does not support and verify that the alleged unlawful discrimination/sexual harassment occurred
When must the commander provide written feedback to the complainant?
No later than the 14th calendar day after receiving the complaint and then provide updates every 14 calendar days
How many days does a soldier have to appeal a finding?
How many days does a commander have to forward an appeal to the next higher commander?
How many days does the next higher commander have to review the appeal?
How many days does EOA have to conduct a follow-up assessment of all formal EO/sexual harassment complaints, both for substantiated and unsubstantiated?
What is the purpose of the EO follow-up assessment?
To measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal
How long must the EOA maintain the file on closed EO complaints?