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Ted Chavez, CAP/EO

Equal Opportunity Training Program. Ted Chavez, CAP/EO. Nondiscrimination Policy. Civil Air Patrol Policy of Non-discrimination

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Ted Chavez, CAP/EO

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  1. Equal Opportunity Training Program Ted Chavez, CAP/EO

  2. Nondiscrimination Policy Civil Air Patrol Policy of Non-discrimination It is Civil Air Patrol policy that no member shall be excluded from participation in, denied the benefits of, or subjected to discrimination in any CAP program or activity on the basis of race, sex, age, color, religion, national origin, or disability (formerly handicap). It is Civil Air Patrol policy that no applicant meeting CAP’s minimum age requirement will be denied membership in CAP on the basis of race, sex, age, color, religion, national origin, or disability (formerly handicap).

  3. Governing Directives • The CAP Non-discrimination policy implements: • The Civil Rights Act (CRA) of 1964 (as amended), the Americans With Disabilities Act (ADA), and other laws • DoD Directive 5500.11, Non-discrimination in Federally Assisted Programs • DoD Directive 1020.1, Non-discrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of Defense • AFI 36-2707, Non-discrimination in Programs and Activities Assisted or Conducted by the Department of the Air Force • Common sense

  4. A Different EO Animal • CAP Non-discrimination is different than what you’ve been taught at work: • Salaried employees are governed by Title VII of the CRA • Rules set by the Equal Employment Opportunity Comm. (EEOC) • EEOC oversees compliance with rules • Employees can appeal decisions to the EEOC

  5. A Different EO Animal • CAP Non-discrimination is different than what you’ve been taught at work: • Volunteers are governed by Title VI of the CRA • EEOC guidelines apply • There is no EEOC oversight (it’s not employment) • There is no appeal to the EEOC (it’s not employment) • Since there is no livelihood in jeopardy, sexual harassment is not covered by the Non-discrimination Policy (However, it is grounds for an IG complaint)

  6. Nondiscrimination in CAP • Outlined in 36 series of CAP regulations • An EO regulation was first passed by May 2006 NEC • Current CAPR 36-1 states CAP’s Nondiscrimination Policy, which is derived from the CAP Constitution • CAPR 36-1 requires the CAP HQ Executive Director (EX) to appoint an Equal Opportunity Officer (EOO) (after coordination with the CAP National Commander) • CAPR 36-2 establishes the CAP/EOO as the single point of contact for all allegations of discrimination • The NHQ Equal Opportunity Administrator supports the EOO on a daily basis and is an alternate point of contact

  7. Nondiscrimination in CAP • Outlined in CAPR 36-1, CAP Nondiscrimination Program • CAPR 36-1 says the CAP National Commander shall: • Coordinate with the EX in the selection and appointment of the EOO • Annually issue to all units within CAP a Commander’s Statement of Nondiscrimination to include directions for the widest dissemination of the CAP Nondiscrimination Policy

  8. Nondiscrimination in CAP • Outlined in CAPR 36-1, CAP Nondiscrimination Program • CAPR 36-1 says the EOO shall: • Establish programs and procedures to ensure the CAP membership is aware of CAP’s Nondiscrimination Policy (this is one of those programs) • Work to encourage equal opportunity in recruiting, execution of CAP’s missions and programs, promotions, awards and educational opportunities

  9. Nondiscrimination in CAP • Outlined in CAPR 36-1, CAP Nondiscrimination Program • CAPR 36-1 says all CAP commanders: • Are responsible for implementing and enforcing CAP policies, procedures and directives prohibiting discrimination • Will ensure the CAP Nondiscrimination Policy is briefed to all members annually • Will make every effort to ensure diversity in recruiting

  10. Nondiscrimination in CAP • Outlined in CAPR 36-1, CAP Nondiscrimination Program • CAPR 36-1 says all CAP members: • Will comply with the letter and the intent of the CAP Nondiscrimination Policy • Will cooperate with the EOO, or a designated representative, in the investigation and resolution of complaints alleging discrimination

  11. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • CAPR 36-2 says all complaints of discrimination will be forwarded to the EOO for handling • Any commander or IG receiving a complaint of discrimination will forward it to the EOO (or EO Administrator) for handling • Any member, IG or commander needing help to decide if they have a discrimination complaint should call the EOO (or EO Administrator) for assistance • Calling the EOO (or EO Administrator) directly for assistance shall not be deemed a violation of the chain of command • Complaints against the EOO shall be forwarded to the CAP/EX for handling

  12. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • CAPR 36-2 says to have the right to file a complaint under the provisions of this regulation you must be: • A CAP member • The parent or legal guardian of a cadet member under the age of 18 filing for the cadet member • A non-members alleging denial of membership due to discrimination • CAPR 36-2 says complaints shall be submitted within 60 days of the occurrence or action upon which the complaint is based, or within 60 days of learning of the occurrence or action

  13. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • CAPR 36-2 says the identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this program, including the conduct of any investigation, hearing, or preceding • CAPR 36-2 says failure of CAP members to respond with truthful and complete information or any action by CAP members to impede an investigation in any way may subject that member to disciplinary action up to and/or including termination of membership

  14. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • CAPR 36-2 says any member taking reprisal action against another member who has exercised his/her rights/responsibilities under this regulation is in violation of: • The CAP Whistleblower Protection Program, as outlined in CAPR 123-2 • Federal Law • The Civil Rights Act of 1964, which states in part, “It shall be an unlawful…practice…to discriminate against any individual… because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.”

  15. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • So, how do you decide if it is a discrimination complaint? • Ask yourself if the complaint alleges that: • A negative personnel action was taken, or threatened to be taken, or a positive personnel action was withheld (including denial of membership), or threatened to be withheld, based on the individual’s membership in a protected group? • If the answer is “Yes”, you have an allegation of discrimination!

  16. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • So, how do you decide if it is a discrimination complaint? • What are the Protected Groups? • Race • Sex • Age • Color • Religion • National origin • Disability (formerly handicap)

  17. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • So, how do you decide if it is a discrimination complaint? • What are the Protected Groups? • Disability (formerly handicap) • The ADA requires “reasonable accommodation” for those with disabilities • What is “reasonable” varies with the circumstance • More effort (money) toward accommodation is expected from large commercial organizations than from small commercial organizations or non-profit organizations

  18. Nondiscrimination in CAP • Outlined in CAPR 36-2, Complaints Under…Policy • So, how do you decide if it is a discrimination complaint? • What are the Protected Groups? • Disability (formerly handicap) • A “Qualified Member with a Disability” is a CAP member with a disability who, with or without accommodation, can perform the functions required without endangering him/herself, other CAP members, or CAP property

  19. Complaint Don’ts • If you receive a complaint alleging discrimination • Do NOT conduct a complaint analysis • Do NOT conduct an investigation • DO Call the CAP Equal Opportunity Officer (or EO Administrator): • Ted Chavez, CAP/EOO1501 The Alameda • San Jose, CA 95126-2311 (408) 993-1679 • theodorechavez@sbcglobal.net • Gerry Rosenzweig, CAP/EXS105 South Hansell StreetMaxwell AFB, AL 36112(877) 227-9142 ext 228 • (DSN) 493-7748 ext 228grosenzweig@capnhq.gov or

  20. Nondiscrimination in CAP • How to implement CAP’s Nondiscrimination Policy • Commanders and members at all levels need to actively think about people with a wide diversity of demographic and cultural characteristics, including ethnicity, gender, nationality, age, socioeconomic status, religion, values and attitudes when seeking persons to join CAP • Commanders and members at all levels need to actively think about these same characteristics when selecting commanders and staff personnel

  21. Nondiscrimination in CAP • How to implement CAP’s Nondiscrimination Policy • These are critical considerations for Commanders who ensure our organization is diverse and meets our obligations for nondiscrimination • However, they must also be considered by every member as we perform our missions • Failure to consider these characteristics serves only to damage CAP as an organization • Considering these characteristics serves only to make CAP a better organization and servant to America

  22. Nondiscrimination in CAP Some men see things as they are and ask why. Others dream things that never were and ask why not. ~~ George Bernard Shaw

  23. Nondiscrimination in CAP I understand Civil Air Patrol’s policy on Nondiscrimination and will comply with the letter and the intent of the CAP Nondiscrimination Policy I Agree https://tests.cap.af.mil/eo_training/agree.cfm I Disagree https://tests.cap.af.mil/eo_training/disagree.cfm

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