1. The Army’s Equal Opportunity (EO) Program

2. Purpose
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.

3. EO Philosophy
Based on fairness, justice, and equity. Commanders are responsible for sustaining a positive climate within their units.
Commanders are responsible for sustaining a positive EO climate within their units.

4. References AR
DA Pam 350-2

5. Key Topics of Discussion
Program Definitions
Policy
Responsibilities
Procedures
EO Representatives
Summary
Questions

6. Policy
The U.S. Army will provide EO and fair treatment for military personnel and family members without regard to race, color, gender, religion, national origin, and provide an environment free of unlawful discrimination and offensive behavior.

7. Policy Applies on and off post to include duty and non-duty hours.
Soldiers will not be accessed, classified, trained, assigned, promoted, or otherwise managed on the basis of race, color, religion, gender, or national origin.

8. Definitions
Discrimination- Any action that unlawfully or unjustly results in unequal treatment of persons or groups based on race, color, gender, national origin, or religion.
Disparaging terms- Terms used to degrade or connote negative statements pertaining to race, color, gender, national origin, or religion. May be expressed as verbal statements, printed material, visual material, signs, symbols, posters, or insignia. The use of these terms constitutes unlawful discrimination.

9. Definitions
Equal opportunity- The right of all persons to participate in, and benefit from, programs and activities for which they are qualified.
Prejudice- A negative feeling or dislike based upon a faulty or inflexible generalization (that is, prejudging a person or group without knowledge or facts).

10. Rights Soldiers, family members and DA civilians have the right to
Present a complaint to the command without fear of intimidation, reprisal, or harassment.
Communicate with the commander concerning their complaints.
Receive assistance when submitting a complaint.
Receive training on the Army’s EO complaint and appeals process.

11. Individual Responsibility
Advising the command of any incidents of sexual harassment and unlawful discrimination
Submitting only legitimate complaints
Attempt to resolve complaints, by informing the alleged offender of the behavior

12. Equal Opportunity Representatives
Battalion
HHC
Co A (-)

13. COMPONENTS command support & leader commitment clearly stated policy
sequential & progressive training

14. COMPONENTS effective and responsive complaint system
frequent climate assessments
evenhanded enforcement of sanctions

15. IMPLEMENTATION policy guidance prevention of sexual harassment
staffing
on-post activities

16. IMPLEMENTATION off-post activities complaint procedures
affirmative action plan
equal opportunity training

17. RELATED ELEMENTS extremist organizations Army language policy
accommodating religious practices

18. EXTREMIST ORGANIZATIONS
inconsistent with responsibilities of military service
participation is prohibited
chapter 4, para 4-12, AR

19. LANGUAGE POLICY operational language is English
English is required while performing military functions
personal conversation not regulated
chapter 4, AR

20. RELIGIOUS PRACTICES
It is the Army’s policy to approve requests for accommodation of religious practices when they will not have an adverse impact on military readiness, unit cohesion, standards, health, safety, or discipline, or otherwise interfere with the performance of military duties.
DA Pam

21. SEXUAL HARASSMENT definition types of sexual harassment
behaviors subject to UCMJ

22. DEFINITION
A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal, or physical contact of a sexual nature when:
submission to conduct is made explicitly or implicitly a term or condition of job, pay or career, OR
submission or rejection of conduct is made as a basis for career or employment decisions, OR
conduct interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.

23. QUID PRO QUO “this for that” examples:
demanding sexual favors in exchange for a promotion or raise
disciplining or firing a subordinate who refuses sexual advances
threats of poor evaluation for refusing a relationship

24. HOSTILE ENVIRONMENT
offensive, unwanted, and unsolicited comments and behavior
examples:
derogatory gender based terms
comments about body parts
suggestive pictures, posters, or calendars
explicit jokes of sexual or sexist nature
assault or rape

25. UCMJ ACTIONS Article 89 disrespect toward a superior officer
Article 91 insubordinate conduct toward an NCO or WO
Article 117 provoking speech or gestures
Article 134 bribery and graft, indecent assault, or
communicating a threat
Article 127 extortion
Article 133 conduct unbecoming an officer
Article cruelty and maltreatment

26. TYPES OF COMPLAINTS
Informal
formal

27. INFORMAL not in writing resolved at lowest level
may or may not involve commander
no suspense/not reportable
no less important than a formal complaint

28. FORMAL may be filed with other agencies
sworn statement on DA Form 7279-R
subject to timelines
requires a follow up assessment
complaints filed with the IG are processed IAW AR 20-1

29. RESPONSIBILITIES Commander Individual Equal Opportunity Representative
Equal Opportunity Advisor

30. Questions?