Identification Number: 4700
Approval Date:
05/01/2013

Deputy Civil Rights Officials
I.

Purpose
This order establishes the position of deputy civil rights official within each
regional office and assistant administrator’s office to serve as that office’s
primary point of accountability for assisting the Office of Civil Rights with
effectively meeting the U. S. Environmental Protection Agency’s civil rights
responsibilities and goals. DCROs will, consistent with applicable laws, provide
executive support in furthering the EPA’s commitment to creating a workplace
free of unlawful discrimination and implementing measures to prevent or remedy
discrimination by recipients of agency financial assistance. This order establishes
the procedures for designating DCROs and outlines the role of DCROs. No
statement in this order relieves other agency officials, including career and
appointed officials, line managers and other staff, of their responsibilities with
respect to civil rights.

II.

Authority
The authority to establish the position of the DCRO derives from the
Administrator’s authority to organize the work of the agency under 40 C.F.R.
§§1.5(a), 1.23, Section 3 of Reorganization Plan No. 3, and Order 1110.2. The
Administrator specifically authorized the establishment of DCROs in a decision
memorandum produced by the EPA Executive Committee on Civil Rights and
signed by the Administrator on April 13, 2012.

III.

Background
In March 2011, Administrator Lisa P. Jackson appointed the Civil Rights
Executive Committee, chaired by Deputy Administrator Bob Perciasepe, to
recommend actions necessary for building a model civil rights program at the
agency. After extensive review of the program, the Civil Rights Executive
Committee submitted a final report, Developing a Model Civil Rights Program for
the Environmental Protection Agency, to the Administrator outlining the agency’s
commitment to strengthening civil rights, equal employment opportunities,
diversity in the workplace and revitalizing the agency’s implementation of
external civil rights laws. The Administrator approved the report and
recommendations on April 13, 2012. The Executive Committee highlighted the
importance of engaging management from across the agency to successfully
implement a model civil rights program, recognizing that the agency’s civil rights

 program cannot solely be the responsibility of one office or program, but instead
must reflect “One EPA” principles. To that end, the Executive Committee
identified two recommendations for which formal orders were appropriate: to
establish DCROs and to establish a Title VI Case Management Protocol. The
Title VI Case Management Protocol is the subject of Order 4701.
The establishment of DCROs through this order advances the agency towards a
model civil rights program wherein senior managers across the agency have an
explicit role in, and share responsibility for, implementation of the agency’s civil
rights program and policies. This order does not, however, delegate any
authorities that are formally delegated or assigned to the director of the Office of
Civil Rights. The director serves as the principal advisor to the Administrator with
respect to the agencywide equal employment opportunity program, affirmative
employment programs, and external nondiscrimination program. As such, the
director is tasked with providing sound and timely policy advice to the
Administrator and other senior management officials on a wide range of issues
including but not limited to Titles VI and VII of the Civil Rights Act of 1964, as
amended; Title IX of the Education Act Amendments of 1973; Sections 501-504
of the Rehabilitation Act of 1973, as amended; Executive Order 11478; and a
number of U.S. Equal Employment Opportunity Commission management
directives. Nothing contained in this order changes or supersedes the director’s
authorities.
IV.

Mission
DCROs in each program office and region will be accountable for implementing
civil rights programs within their respective organizations, and will provide senior
level involvement in the development of national strategies and policies
pertaining to civil rights. As part of their ongoing responsibilities, DCROs will
assure the participation of their organization in agency civil rights programs and
initiatives including implementation of the Title VI Case Management Protocol
established under Order 4701.

V.

Meeting Requirements and Calendar
The OCR director may call meetings of the DCROs as appropriate, to be
determined in consultation with DCROs. DCRO meetings should be held in
conjunction with other senior management meetings, such as executive
management council meetings. A subset of DCROs or their designees may be
called upon by the director to participate in meetings called pursuant to order
4701. Based on their role in ensuring senior leadership accountability in civil
rights, DCROs also may be called upon to participate in other agency meetings
involving issues or initiatives related to civil rights.

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 VI.

Appointment
Within 30 calendar days of the issuance of this order each assistant administrator
and regional administrator, the General Counsel, the chief financial officer and
the chief of staff shall notify the OCR director of the selection of a DCRO for
his/her respective organization. Within 60 calendar days of the issuance of this
order, the AA or RA shall by memorandum to the director confirm the
appointment of a DCRO for their organization, and shall confirm that the role of
the DCRO as outlined in section IX of this order has been incorporated into the
incumbent’s position description. The role of the DCRO shall remain in the
position description permanently; however, the AA/RA may, in consultation with
the director, change the designation to another official within the organization and
make necessary adjustments to position descriptions. Model language for DCRO
performance agreements will be developed by the OCR director and brought
before the agency’s Executive Resources Board by the fourth quarter of FY 2013.
The DCRO must have broad management authority to carry out civil rights
programs and activities consistent with agency policy and directives within their
organization, and must be a member of the career senior executive service.

VII.

Alternate Deputy Civil Rights Official
When necessary, an alternate DCRO, who also must be a member of the career
SES, may be appointed by the AA or RA to perform the DCRO role when, for
example, the DCRO is recused from a matter or absent. If an ADCRO performs
DCRO duties for an on-going or extended period of time, the official’s position
description should be amended to include the DCRO role as outlined in Section
IX.

VIII.

Persons Acting in a DCRO Position
Whenever a person is acting in a position that is designated as a DCRO whether
by position, re-delegation or appointment, that person assumes the DCRO role.
The DCRO designation resides in the position and therefore the role of DCRO is
assumed by the incumbent of that position, even on an acting basis.

IX.

Role of the Deputy Civil Rights Officials
DCROs have broad oversight authority within their respective office or region for
implementation of the civil rights program consistent with agency policy and
directives, recognizing that offices or regions may need different staffing profiles
for some functions. For example, Equal Employment Opportunity counselors are
needed in every region, but at headquarters EEO counselors report to OCR rather
than individual program offices. DCROs will identify and/or request adequate
funding and resources for civil rights work and ensure their organizations have
well-functioning policies, processes and management controls for:

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 1. Assuring that appropriate staff and expertise are available for their
organizations to carry out an effective civil rights program including EEO
counselors, alternate dispute resolution staff, special emphasis program
managers and EEO officers.
2. Developing and implementing the Equal Employment Opportunity
Commission’s Management Directive 715 Action Plans for their offices and
regions that promote equal employment opportunity in a manner consistent
with the agency’s MD 715 Report, promote diversity and inclusion, and
address other issues as required. Ensuring that the goals and objectives are
communicated to subordinate management officials.
3. Timely reporting of information for various civil rights and diversity related
reports and data-calls including the Equal Employment Opportunity
Commission’s Management Directive 715.
4. Training civil rights staff consistent with EEOC or OCR policy, and meeting
agencywide mandatory requirements for training managers and employees
within their office or region e.g. Civil Rights EEO Training and the
Notification and Federal Employee Antidiscrimination and Retaliation Act of
2002.
5. Promoting equal employment opportunity and assuring their organization
carries out other responsibilities under the agency’s civil rights program.
6. Incorporating appropriate EEO and civil rights language into performance
agreements as required for managers and as necessary for certain other
positions.
7. Facilitating informal EEO complaint resolution in conformance with
Delegation 1-39, assuring the broad integration of well-functioning alternate
dispute resolution approaches across the agency civil rights and employee
relations activities and promoting the use of pre-complaint processes as a
means of resolving EEO matters.
8. Effectively participating in and or leading activities including investigations
for the purposes of implementing Order 4701, Title VI Case Management
Protocol.
9. Effectively participating in the agency’s implementation of external civil
rights policies for financial assistance monitoring, compliance, grant reviews
and other external civil rights laws activities consistent with the Order 4701.

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 X.

Coordination of EPA Civil Rights and Diversity Policies and Strategies
DCROs will constitute a network of senior officials to provide advice and
guidance to the director and other agency senior managers on the development
of agencywide civil rights policies and strategies. In addition, while DCROs
have formal responsibilities associated with the agency’s civil rights programs,
the network also may provide informal advice and guidance to the agency’s
diversity and inclusion activities/initiatives. The OCR and the Office of
Diversity, Outreach, and Collaboration, are expected to work in close cooperation
to advance their respective missions, and to assure efficient use of resources.

XI.

References
1. Developing a Model Civil Rights Program for the Environmental
Protection Agency
2. Administrator’s Approval of Final Report Memorandum
3. Deputy Administrator’s Implementation Memorandum

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