Section 2520.780  Equal Employment Opportunity Officers

a)         Agencies with 1,000 or More Employees

1)         Every agency employing 1,000 or more individuals or administratively separate subdivisions of agencies with 1,000 or more individuals shall appoint a full-time EEO Officer, subject to the approval of the Department.

2)         The EEO Officer shall report directly to the agency's Chief Executive Officer and shall be on the Chief Executive Officer's administrative staff.

3)         When a vacancy occurs in the position of EEO Officer, the agency's Chief Executive Officer shall immediately so notify the Director, identifying the agency employee who shall serve as interim EEO Officer.

A)        Within 30 days of the occurrence of such vacancy or the expiration of any extension, the Chief Executive Officer shall nominate an individual to fill the vacancy and submit his/her resume and other relevant materials to the Director for approval.

B)        Within 15 days of receiving a nomination, the Director shall notify the Chief Executive Officer in writing whether the nominee is approved.

C)        The Director of Central Management Services or his/her designee shall not complete any personnel transaction regarding the appointment of any agency EEO Officer without written evidence of the approval of that appointment by the Director.

D)        If not approved, the Director and the Chief Executive Officer may confer to discuss or reevaluate the appointment, and the Chief Executive Officer shall submit another nomination to fill the vacancy.

E)        If the Director determines that an agency has not made a concerted effort to fill the position, the Director shall invoke the sanctions for noncompliance provided in Section 2520.797 of this Part.

b)         Agencies with Fewer Than 1,000 Employees – Every agency employing fewer than 1,000 individuals shall designate an EEO Officer who may serve as a full-time EEO Officer or be responsible for other duties within the agency beyond those of EEO Officer.   When a vacancy occurs in such position, the Chief Executive Officer shall immediately so notify the Director, and identify the employee who shall assume the duties of EEO Officer on an interim or permanent basis.

c)         Responsibilities of EEO Officers – EEO Officers shall have the following responsibilities, in addition to those enumerated in the Act or elsewhere in this Subpart:

1)         to develop the agency's plan and goals and objectives;

2)         to assist in identifying and solving EEO problems;

3)         to design and implement internal audits and reporting systems for measuring the effectiveness of agency programs, indicating need for remedial action, and determining the degree to which the agency's goals and objectives have been attained;

4)         to serve as liaison between the agency and EEO enforcement authorities;

5)         to serve as liaison between the agency and minority, women's and disability organizations;

6)         to inform management of developments in the EEO field;

7)         to regularly confer with managers, supervisors and employees to assure that the agency's EEO policies are observed;

8)         to assist in the evaluation of employees and job applicants so that minorities, women and disabled persons are given equal opportunity;

9)         to advise managers and supervisors if employment practices comply with the Act;

10)         to describe in the quarterly report to the Department all internal and external complaints of discrimination against the agency;

11)         to assist in the investigation of internal and external complaints of discrimination as specified in Section 2520.790 of this Part;

12)         at the request of the agency's Chief Executive Officer, to direct agency staff in taking appropriate action to correct for discriminatory practices identified by the Department, and to report to the Chief Executive Officer and the Department on the progress of actions taken;

13)         in conjunction with the filing of Quarterly Reports, to submit recommendations to the Chief Executive Officer and the Department for improvements to the agency's plan;

14)         to immediately notify the Chief Executive Officer and the Department when unable to resolve employment practices or conditions which have or tend to have adverse impact on minorities, women or the disabled persons;

15)         if the agency is in noncompliance, as described in Section 2520.795, to work with Central Management Services to develop programs to train staff in hiring and promotional practices, and to notify the Department of such training.

d)         Protection – An EEO Officer who performs his/her duties as prescribed in the Act and this Part shall not be coerced, intimidated or retaliated against by the agency or any official, employee or agent thereof as a result of such performance.  An EEO Officer who believes that he/she has been or is being so coerced, intimidated or retaliated against, or in any other way impeded from the performance of official duties, may immediately file a charge with the Department.  Nothing provided herein shall preclude an agency from disciplining an EEO Officer for just cause.

(Source:  Amended at 17 Ill. Reg. 15556, effective September 13, 1993)