Equal Opportunity

The observance of the birthday of Martin Luther King, Jr. was established by Public Law 98-144. This national day of service is celebrated on the third Monday in January. The theme for this event does not change each year.

The observance of African American / Black History Month was established by Public Law 99-244. This observance runs through the month of February and celebrates the contributions of African Americans to our nation. The theme for this event changes each year.

The observance recognizing women's contributions was established by Public Law 100-9. This observance runs through the month of March and celebrates the struggles and achievements of women throughout the history of the United States. The theme for this event changes each year.

The U.S. Congress established Days of Remembrance as the nation's annual commemoration of the Holocaust.  Public Law 96-388 established the United States Holocaust Memorial Council and authorizes the actions of the council. Each year the President of the United States also issues a Presidential Proclamation for the observance. The dates for Days of Remembrance and Holocaust Remembrance Day vary each year according to the Hebrew calendar.

The observance recognizing Asian American and Pacific Islander Heritage Month was established by Title 36, U.S. Code, Section 102. This observance runs through the month of May and celebrates the service and sacrifices of Asian/Pacific Islanders throughout the United States. The theme for this event changes each year.

The observance recognizing Lesbian, Gay, Bisexual and Transgender Americans is historically conducted in June. This observance runs through the month of June and calls upon the citizens of the United States to eliminate prejudice and celebrate the great diversity of the American people. The theme for this event changes each year.

The observance recognizing Women's Equality Day was established by Joint Resolution of Congress in 1971. Women's Equality Day is observed on the 26th day of August and commemorates the 1920 passage of the 19th Amendment to the Constitution, which gave women the right to vote. The observance has grown to include focusing attention on women's continued efforts toward gaining full equality.

The observance recognizing National Hispanic Heritage Month was established by Title 36, U.S. Code, Section 126 and Public Law 100-402. Hispanic Heritage Month is observed from Sept. 15-Oct. 15 of each year. The observance is celebrated during this time frame due to many significant events for various Hispanic communities which fall within the observance period. The President issues a Proclamation each year calling on the people of the United States, especially the educational community, to observe National Hispanic Heritage Month with appropriate ceremonies and activities. Hispanics have had a profound and positive influence on our country through their strong commitment to family, faith, hard work, and service. They have enhanced and shaped our national character with centuries-old traditions that reflect the multi-ethnic and multicultural customers of their community. The theme for this event changes each year.

The observation of National American Indian Heritage Month has its roots in Public Law 99-471. Over several years the observation was moved to different months but in 1990 Public Law 101-343 set the month long observance in November. Each year, the president issues a proclamation in recognition of the observance. National American Indian Heritage Month is observed Nov. 1-30. The observance month recognizes American Indians for their respect for natural resources and the Earth, having served with valor in our nation's conflicts and for their many distinct and important contributions to the United States. Please note that the title of this observance varies between the various documents listed and DEOMI uses that title set forth in the 1990 and subsequent Public Laws. The theme for this event changes each year.

1. 1. A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken.
2. 2. An individual files a formal complaint using a DA Form 7279 (Equal Opportunity Complaint Form).
3. 3. In Part I of DA Form 7279, the complainant will specify the alleged concern, provide the names of the parties involved and witnesses, describe the incident(s)/behavior(s), and indicate the date(s) of the occurrence(s). For EO complaints, the complainant will also state the EO basis of the complaint (for example, unlawful discrimination based upon race, color, religion, gender, or national origin. Complainant will be advised of the importance of describing the incident(s) in as much detail as possible to assist in the investigative process).
4. 4. The block entitled, "Requested Remedy" serves a variety of purposes for both the complainant and the command. The information in this block can vary in terms of the complainant's expectations of the investigative process and his or her reasonableness and credibility. If expectations that are not likely to be met come to the surface, they should be dispelled by the receiving agency (during acceptance of the complaint) through an explanation of the process and the possible outcomes. If the complainant's response is vindictive, vengeful, or malicious, and seems extreme in light of the events or circumstances, this may be helpful to the commander or investigating officer in terms of motive and believability.
5. 5. Soldiers have 60 calendar days from the date of the alleged incident in which to file a formal complaint. This time limit is established to set reasonable parameters for the inquiry or investigation and resolution of complaints, to include ensuring the availability of witnesses, accurate recollection of events, and timely remedial action. If a complaint is received after 60 calendar days, the commander may conduct an investigation into the allegations or appoint an investigating officer according to paragraph 5. In deciding whether to conduct an investigation, the commander should consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted.
6. 6. The complainant should file his or her complaint with the commander at the lowest echelon of command at which the complainant may be assured of receiving a thorough, expeditious, and unbiased investigation of the allegations. Depending on the various aspects of the complaint and individuals involved, that lowest level commander may not be the immediate company or even battalion level commander of the complainant.

An informal complaint is any complaint that a Soldier or family member does not wish to file in writing. Informal complaints may be resolved directly by the individual, with the help of another unit member, the commander or other person in the complainant's chain of command. Typically, those issues that can be taken care of informally can be resolved through discussion, problem identification, and clarification of the issues. An informal complaint is not subject to time suspense. Accumulative numbers may be reported to ACOMs, ASCCs, and/or DRUs per their request on all informal complaints resolved through commander's inquiry and/or AR 15-6 investigating officer. It is recommended that anyone working on the resolution of informal complaints should prepare a memorandum of record. The memorandum of record should include information indicating nature of complaint and identifying pertinent information to assist in the identification of unit's command climate.

Although the processing of EO complaints through the unit chain of command is strongly encouraged, it will not serve as the only channel available to Soldiers to resolve complaints. Should the complainant feel uncomfortable in filing a complaint with his/her unit chain of command, or should the complaint be against a member of that chain of command, a number of alternative agencies exist through which the issues may be identified for resolution. Each of these agencies provides expertise in very specific subject areas. Commanders will not preclude Soldiers from using these channels in accordance with the procedures inherent/established by these agencies:

• Someone in a higher echelon of the complainant's chain of command.
• Inspector general.
• Chaplain.
• Provost marshal.
• Medical agency personnel.
• Staff judge advocate.
• Chief, Community Housing Referral and Relocation Services Office.

In some informal complaints, the person or agency receiving the complaint may be able to resolve the issue while maintaining the confidentiality of the complainant, as in the case of the chaplain or a lawyer. While maintenance of confidentiality should be attempted, it will neither be guaranteed nor promised to the complainant by agencies other than the chaplain or a lawyer.

Initial actions by these alternative agencies are the same for informal and formal complaints. Any alternative agency that receives an informal complaint of unlawful discrimination or sexual harassment has the obligation to talk with the complainant. The agency should advise the complainant of his/her rights and responsibilities; listen to the complainant and find out as much information as possible concerning the complaint (including what the reasons are behind the complaint and why the individual is using the alternative agency opposed to his or her chain of command); tell the complainant what role that agency has (for example, direct action on behalf of the complainant, information gathering, or referral to another agency or the commander for their action); what support services are available from other organizations that may help resolve the issues; explain the complaint system (principally, the differences between informal and formal complaints); and, then attempt to assure resolution of the issue (through mediation, intervention, counseling, and training).

The commander must eliminate underlying causes of all complaints. More members of the unit, other than complainant and subject, are affected by complaints, especially those that go unresolved.