1 new employee orientation farm service agency office of civil rights ( fsa ocr ) february 2011

11

NEW EMPLOYEE ORIENTATION

Farm Service Agency

Office of Civil Rights( FSA OCR )

February 2011

22

Office of Civil Rights

Farm Service AgencyU.S. Department of Agriculture

FSA EEO Policy Statement:

The Farm Service Agency (FSA) is fully committed to the Federal goal of equal opportunity in employment for all employees and applicants regardless of race, color, national origin, sex, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status, or protected genetic information.

FSA Mission:

Equitably serving all farmers, ranchers, and agricultural partners by delivering effective, efficient agricultural programs for all Americans.

33

FSA OCR FunctionFSA OCR Function

Provide overall leadership and direction in Provide overall leadership and direction in the development and implementation of the development and implementation of Civil Rights (CR) and Equal Employment Civil Rights (CR) and Equal Employment Opportunity (EEO) policies, programs, and Opportunity (EEO) policies, programs, and procedures.procedures.

Scope of responsibilities extends from Scope of responsibilities extends from FSA Headquarters to Field Operations.FSA Headquarters to Field Operations.

44

Organizational StructureOrganizational Structure

Office of the DirectorWashington, DC

Deputy DirectorWashington, DC

Civil Rights Management Analysts

Washington, DC

EEO Counseling & Mediation Branch

Washington, DC

Compliance and Program Analysis

BranchWashington, DC

Program Complaints Inquiry Branch

Montgomery, AL

Equal Employment Opportunity Branch

Washington, DC

Equal Employment Opportunity & Civil

Rights OfficeKansas City, MO

ContentsContents

55

BRANCH INFORMATION and FUNCTION PAGE

Director’s (Executive) Staff 6

Responsibilities 7

Equal Employment Opportunity Branch (EEOB) 10

Responsibilities 12

EEO Counseling and Mediation Branch (CMB) 20

Services 24

Program Complaints Inquiry Branch (PCIB) 33

Responsibilities 36

Compliance and Program Analysis Branch (CPAB) 43

Responsibilities 45

Kansas City EEO and Civil Rights Staff (KC EEO&CR) 56

Responsibilities 63

66

FSA OCR Director’s StaffFSA OCR Director’s Staff

Johnny R. Toles, Jr. – DirectorJohnny R. Toles, Jr. – Director Jacqueline Micheli – Deputy DirectorJacqueline Micheli – Deputy Director Maria Daniels – Civil Rights AnalystMaria Daniels – Civil Rights Analyst

Cleatus Robinson – Management AnalystCleatus Robinson – Management Analyst Nina Wilburn – SecretaryNina Wilburn – Secretary

Main Tel. # (202) 401-7220

Fax # (202) 401-7100

77

Office of the DirectorOffice of the Director

Lead and guide FSA OCR’s five branches in Lead and guide FSA OCR’s five branches in carrying out their specialized functional areas (EEO, carrying out their specialized functional areas (EEO, program civil rights, special emphasis).program civil rights, special emphasis).

Represent the Office of Civil Rights or FSA’s civil Represent the Office of Civil Rights or FSA’s civil rights interests across the board through rights interests across the board through participation in high-level conferences and participation in high-level conferences and meetings, both externally and within FSA.meetings, both externally and within FSA.

Responsibilities

88


Serve on the Agency Core Team responsible for Serve on the Agency Core Team responsible for FSA’s Budget and Performance Management FSA’s Budget and Performance Management System and Strategic Plan to ensure civil rights System and Strategic Plan to ensure civil rights remains a crosscutting management objective. remains a crosscutting management objective.

Produce and disseminate overarching statistical Produce and disseminate overarching statistical and analytical reports that incorporate the and analytical reports that incorporate the separate but coordinated functions and activities separate but coordinated functions and activities of its EEO, program, and special emphasis staff.of its EEO, program, and special emphasis staff.

Responsibilities

99


Produce mandated and ad hoc reports that cover Produce mandated and ad hoc reports that cover civil rights/EEO efforts, activities, and civil rights/EEO efforts, activities, and accomplishments Agency-wide.accomplishments Agency-wide.

Ensure the effective functioning of FSA OCR Ensure the effective functioning of FSA OCR through administrative oversight of: through administrative oversight of:

• Fiscal year budget allotment/expendituresFiscal year budget allotment/expenditures• Division procurementDivision procurement• Special projectsSpecial projects

Responsibilities

1010

Equal Employment Equal Employment Opportunity Branch Opportunity Branch

(EEOB)(EEOB)

1111

Andrew Malloy – Branch ChiefAndrew Malloy – Branch Chief David Atkins – EEO SpecialistDavid Atkins – EEO Specialist Andre Bruce – EEO SpecialistAndre Bruce – EEO Specialist

Jeffrey Hayden – EEO SpecialistJeffrey Hayden – EEO Specialist Donald Wright – EEO SpecialistDonald Wright – EEO Specialist

Main Tel. # (202) 401-7206

Fax # (202) 401-7100

Equal EmploymentEqual EmploymentOpportunity Branch (EEOB)Opportunity Branch (EEOB)

1212


Investigate EEO complaints timely, accurately, Investigate EEO complaints timely, accurately, and impartially.and impartially.

Conduct formal EEO investigations and distribute Conduct formal EEO investigations and distribute Reports of Investigation (ROI) within ninety (90) Reports of Investigation (ROI) within ninety (90) days after receiving an authorized acceptance days after receiving an authorized acceptance letter from the USDA Office of Adjudication (OA).*letter from the USDA Office of Adjudication (OA).*

* Within USDA’s Office of the Assistant Secretary for Civil Rights.* Within USDA’s Office of the Assistant Secretary for Civil Rights.

Responsibilities

1313


Track, prepare, report, and distribute FSA’s Track, prepare, report, and distribute FSA’s Quarterly No Fear Act Reports and FSA’s Annual Quarterly No Fear Act Reports and FSA’s Annual 462 and MD-715 Reports. 462 and MD-715 Reports.

Conduct Conduct formalformal EEO Alternative Dispute EEO Alternative Dispute Resolution (ADR) and ensure the enforcement of Resolution (ADR) and ensure the enforcement of settlements and compliance agreements anytime settlements and compliance agreements anytime during the EEO formal complaint stage.during the EEO formal complaint stage.

Responsibilities

1414


Responsibilities

Provide managers with workforce analysis briefing Provide managers with workforce analysis briefing and recommendations on innovative ways to and recommendations on innovative ways to create diversity in the workplace.create diversity in the workplace.

Recommend innovative staffing methods — e.g., Recommend innovative staffing methods — e.g., internships, details, developmental assignments, internships, details, developmental assignments, and mentoring programs — to recruit, train, and and mentoring programs — to recruit, train, and retain a top-quality workforce reflective of the retain a top-quality workforce reflective of the geographical civilian labor force (CLF) population.geographical civilian labor force (CLF) population.

1515


Serve as advisors to FSA managerial staff, Serve as advisors to FSA managerial staff, providing advice on Civil Rights laws, statutes, providing advice on Civil Rights laws, statutes, directives, executive orders, as well as personnel directives, executive orders, as well as personnel policies, procedures, and practices that impact policies, procedures, and practices that impact Civil Rights regulations.Civil Rights regulations.

Administer Special Emphasis Program (SEP) for Administer Special Emphasis Program (SEP) for the DC headquarters area.the DC headquarters area.

Responsibilities

1616


Provide input into written policies, conduct Provide input into written policies, conduct annual reviews of policies, and ensure proper annual reviews of policies, and ensure proper updates and posting of the Farm Service Agency updates and posting of the Farm Service Agency Administrator’s EEO Policy Statements. Administrator’s EEO Policy Statements.

Develop, administer, and monitor FSA’s Annual Develop, administer, and monitor FSA’s Annual EEO Civil Rights Training via USDA’s web-based EEO Civil Rights Training via USDA’s web-based AgLearn.AgLearn.

Responsibilities

1717


Conduct an EEO/EO Human Relations Institute, Conduct an EEO/EO Human Relations Institute, providing training for EEO specialists, EEO providing training for EEO specialists, EEO managers, and FSA employees (Federal and managers, and FSA employees (Federal and non-Federal employees), using the Desire non-Federal employees), using the Desire Learning Objectives (DLO) to cover all aspects of Learning Objectives (DLO) to cover all aspects of EEO/EO programs laws, statutes, executive EEO/EO programs laws, statutes, executive orders, and directives. orders, and directives.

EEO–Equal Employment OpportunityEEO–Equal Employment OpportunityEO–Equal OpportunityEO–Equal Opportunity

Responsibilities

1818


29 CFR Part 161429 CFR Part 1614

Internal EEO Complaint Processing Procedures – Federal Employees

Management Directive 110 (MD-110)Management Directive 110 (MD-110)

1919


What is EEOC Management Directive 110?What is EEOC Management Directive 110?

Guidance issued by the EEOC and is effective November Guidance issued by the EEOC and is effective November 9, 1999. EEOC amended 9, 1999. EEOC amended 29 C.F.R. Part 161429 C.F.R. Part 1614 to improve to improve the federal sector EEO process. This guidance describes the federal sector EEO process. This guidance describes in detail the procedures that must be followed when in detail the procedures that must be followed when processing complaints of discrimination filed by federal processing complaints of discrimination filed by federal employees and applicants for federal employment who employees and applicants for federal employment who allege employment discrimination under the amended allege employment discrimination under the amended 1614 regulations.1614 regulations.

MD-110

2020

EEO Counseling and EEO Counseling and Mediation Branch (CMB)Mediation Branch (CMB)

Informal EEO ComplaintsInformal EEO Complaints(Pre-complaints) Program(Pre-complaints) Program

2121

Vacant – Branch ChiefVacant – Branch Chief Darlene Smith – EEO CounselorDarlene Smith – EEO Counselor Mark Newsom – EEO AssistantMark Newsom – EEO Assistant

EEO CounselorsEEO Counselors

EEO Counseling andEEO Counseling andMediation Branch (CMB)Mediation Branch (CMB)

Washington DC StaffWashington DC Staff

Main Tel. # (202) 720-8826

Fax # (202) 401-7103

2222

FSA EEO Counselors

Claude McKenzieClaude McKenzie Gloria ScurryGloria Scurry 706-546-2303706-546-2303 720-544-2900720-544-2900

Gregory FerbyGregory Ferby Rene Rodriguez Rene Rodriguez 315-477-6310315-477-6310 530-792-5544530-792-5544

Wanda WilsonWanda Wilson Michael ShermanMichael Sherman 859-224-7665859-224-7665 816-926-3487816-926-3487

Darlene SmithDarlene Smith 202-401-7177202-401-7177


EEO Counselors’ Map on next page … EEO Counselors’ Map on next page …

2323

FSA Counseling Servicing AreasFSA Counseling Servicing Areas

Darlene Smith Greg Ferby Claude McKenzie Wanda Wilson

Mike Sherman Gloria Scurry Rene Rodriguez

2424

EEO Counseling and Alternative Dispute EEO Counseling and Alternative Dispute Resolution (ADR)Resolution (ADR)

Training on EEO Complaint ProgramTraining on EEO Complaint Program

Guidance and direction on EEO Complaint Guidance and direction on EEO Complaint ProgramProgram

Contact on all informal EEO complaints Contact on all informal EEO complaints (pre-complaints) filed against FSA.(pre-complaints) filed against FSA.


Services

2525

How do we achieve our mission?

Traditional EEO Traditional EEO CounselingCounseling

Alternative Dispute Alternative Dispute Resolution (ADR)Resolution (ADR)


2626

Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 (Title VII)(Title VII), as , as amended by the EEO Act of 1972, which prohibits amended by the EEO Act of 1972, which prohibits employment discrimination based on:employment discrimination based on:


Federal Laws Prohibiting Employment Discrimination

• SexSex• National Origin, orNational Origin, or• ReprisalReprisal

• RaceRace• ColorColor• ReligionReligion

2727

Equal Pay Act of 1963 Equal Pay Act of 1963 (EPA),(EPA), which protects men and which protects men and women who perform substantially equal work in the same women who perform substantially equal work in the same area from sex-based wage discrimination.area from sex-based wage discrimination.

Age Discrimination in Employment Act of 1967 Age Discrimination in Employment Act of 1967 (ADEA)(ADEA), , which protects individuals who are 40 years of age or older.which protects individuals who are 40 years of age or older.

Rehabilitation Act of 1973, which prohibits discrimination Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals with physical or mental against qualified individuals with physical or mental disabilities who work in the Federal government.disabilities who work in the Federal government.


Federal Laws Prohibiting Employment Discrimination, cont’d

2828


A working environment that is free of A working environment that is free of discriminationdiscrimination

File an EEO complaintFile an EEO complaint

Anonymity in the Informal EEO complaint processAnonymity in the Informal EEO complaint process

Employees Have the Right to:Employees Have the Right to:

2929


What is Discrimination?What is Discrimination?

Discrimination is defined in Civil Rights Law as Discrimination is defined in Civil Rights Law as unfavorable or unfair treatment of a person or unfavorable or unfair treatment of a person or class of people in comparison to others who are class of people in comparison to others who are not members of the not members of the same protected classsame protected class..

3030


An EEO complaint is a claim that an Agency An EEO complaint is a claim that an Agency official acted or failed to act against an employee, official acted or failed to act against an employee, former employee or applicant that:former employee or applicant that:

Adversely affects privileges, benefits, working Adversely affects privileges, benefits, working conditions, or results in disparate treatment or has an conditions, or results in disparate treatment or has an adverse impact on employees or applicants.adverse impact on employees or applicants.

What is an EEO Complaint?What is an EEO Complaint?

3131


What is an EEO Complaint? … What is an EEO Complaint? … cont’dcont’d

Based in whole or in part on a person’s protectedBased in whole or in part on a person’s protected class, which includes the following:class, which includes the following:

• RaceRace• ColorColor• ReligionReligion• SexSex• National OriginNational Origin• Age (40 and over)Age (40 and over)• Disability (mental, physical)Disability (mental, physical)

ReprisalReprisal

Political Affiliation / BeliefsPolitical Affiliation / Beliefs Sexual OrientationSexual Orientation Marital StatusMarital Status Status as a ParentStatus as a Parent Genetic InformationGenetic Information▲ Not permitted under the law and/or USDA regulations

3232


How Do I File an EEO Complaint?How Do I File an EEO Complaint?

To file an EEO complaint, the individual must To file an EEO complaint, the individual must contact an EEO Counselor within contact an EEO Counselor within 45 calendar days45 calendar days of the alleged discriminatory event.of the alleged discriminatory event.

NOTENOTE: : Contacting an EEO Counselor is the Contacting an EEO Counselor is the mandatorymandatory first step in filing an first step in filing an EEO complaint. Exceptions to the MANDATORY first step are EEO complaint. Exceptions to the MANDATORY first step are allegations involving Age and/or Equal Pay Act violations.allegations involving Age and/or Equal Pay Act violations.

Program Complaints Inquiry Branch (PCIB)

3434

Program Complaints Inquiry Program Complaints Inquiry Branch (PCIB)Branch (PCIB)

Montgomery, ALMontgomery, AL

Carnell McAlpine –– Branch Chief Katherine Colvin –– Secretary

Program Complaints Specialists

Main Tel. # (334) 279-3601

Fax # (334) 279-3698

3535

Program Complaints SpecialistsProgram Complaints Specialists

▪▪ Roy C. BrownRoy C. Brown ▪▪ Sharon S. Ervin Sharon S. Ervin

▪▪ Patricia GatesPatricia Gates ▪▪ Charles Glenn Charles Glenn

▪▪ Richard JonesRichard Jones ▪▪ Olan Sanders Olan Sanders

▪▪ John Smith, IIIJohn Smith, III



3636

FunctionsFunctions

Conduct Fact-Finding Inquires (FFI) on program Conduct Fact-Finding Inquires (FFI) on program discrimination casesdiscrimination cases

Conduct special inquiries, misconduct inquiries, Conduct special inquiries, misconduct inquiries, and OIG hotline inquiriesand OIG hotline inquiries

Conduct EEO and CR State Management Conduct EEO and CR State Management Reviews (SMR)Reviews (SMR)



3737

Federally Conducted Program Federally Conducted Program Complaint ProcessComplaint Process

Complaint must befiled within 180calendar days

Complaint submitted to the USDA Office of Adjudication

(OA)

USDA OA directs FSAto conduct a Fact-Finding Inquiry

(FFI) and provide an AgencyPosition Statement (APS)

Complaints are processed within 180 days ofacceptance by OA

FSA has 24 days to conductan FFI and prepare an APS

FSA submits to OA the APSto be included in

final complaint processing

3838

Fact-Finding Inquiries (FFIs)Fact-Finding Inquiries (FFIs)

FSA is given 24 calendar days to provide an FSA is given 24 calendar days to provide an Agency Position Statement (APS) to USDA’s Agency Position Statement (APS) to USDA’s Office of Adjudication (OA) on allegations of Office of Adjudication (OA) on allegations of program discrimination.program discrimination.

PCIB has 17 days to conduct an FFI on each PCIB has 17 days to conduct an FFI on each complaint case.complaint case.


FFI ProcessFFI ProcessThe Program Complaints Inquiry Branch (PCIB):The Program Complaints Inquiry Branch (PCIB):

Contacts the State Executive Director (SED) and other personnelPrepares the

Investigative Plan

4040

FFI Process,FFI Process, continuedcontinued

Prepares the ReportAll USDA employees are required to cooperate in any investigation. You are subject to disciplinary action, up to and including removal, if you refuse to answer or fail to respond truthfully and fully to any of the questions, or fail to provide other requested information to the PCIB. Your right to invoke the protection of the Fifth Amendment to the Constitution applies only with respect to self-incrimination in a criminal investigation. - Departmental Bulletin 735-1

4141

State Management Reviews (SMR)State Management Reviews (SMR)

PurposePurpose

To monitor and evaluate FSA programs toTo monitor and evaluate FSA programs toensure that they are administered in a ensure that they are administered in a nondiscriminatory manner.nondiscriminatory manner.

Program Complaints InquiryProgram Complaints InquiryBranch (PCIB)Branch (PCIB)

SMR ProcessSMR Process

States & Team Selections

Notification

Data Analysis

Service Center Selections

Notification

Interview Employees

Review Accessibility

Review Public

Information

Review Files

SMR Report to State

Corrective Action Plan to FSA/OCR

Implementation Reports

Closure

On-Site Review

Post-ReviewPre-Review

4343

Compliance and Program Compliance and Program

Analysis Branch (CPAB)Analysis Branch (CPAB)

4444

Vacant – Branch ChiefVacant – Branch Chief Doris Rudolph – EO Specialist / Acting Branch ChiefDoris Rudolph – EO Specialist / Acting Branch Chief

Carl Holmes – EO SpecialistCarl Holmes – EO Specialist Jonathan Howard – EO SpecialistJonathan Howard – EO Specialist

Jamarie Parks – EO SpecialistJamarie Parks – EO Specialist Makiya Gantt – EO AssistantMakiya Gantt – EO Assistant

Main Tel. # (202) 401-7187 Fax # (202) 401-7104

Compliance and Program Analysis Branch (CPAB)

4545

Develop, implement, and coordinate Agency Develop, implement, and coordinate Agency policies and procedures to ensure compliance policies and procedures to ensure compliance with nondiscrimination laws, statutes, and with nondiscrimination laws, statutes, and regulations in program delivery.regulations in program delivery.

Provide guidance and technical assistance in Provide guidance and technical assistance in implementing civil rights laws and regulations in implementing civil rights laws and regulations in the delivery of all FSA programs.the delivery of all FSA programs.


ResponsibilitiesResponsibilities

4646


Prepare and submit to the USDA Office of Prepare and submit to the USDA Office of Adjudication (OA) an Agency Position Adjudication (OA) an Agency Position Statement (APS) for each accepted complaint of Statement (APS) for each accepted complaint of program discrimination filed against FSA.program discrimination filed against FSA.

Based on documentation from a fact-finding inquiry Based on documentation from a fact-finding inquiry conducted by FSA OCR’s Program Complaints conducted by FSA OCR’s Program Complaints Inquiry Branch (PCIB). Inquiry Branch (PCIB).

FunctionsFunctions

4747


Review, revise as needed, and approve each Review, revise as needed, and approve each Civil Rights Impact Analysis (CRIA) submitted to Civil Rights Impact Analysis (CRIA) submitted to FSA OCR by FSA program areas (farm loans FSA OCR by FSA program areas (farm loans and farm programs).and farm programs).

A CRIA is required in relation to any significant new A CRIA is required in relation to any significant new FSA program regulation.FSA program regulation.

FunctionsFunctions

4848


Partner with FSA’s Program Complaints Inquiry Partner with FSA’s Program Complaints Inquiry Branch (PCIB) in conducting and reporting State Branch (PCIB) in conducting and reporting State Management Reviews (SMR), and in briefing Management Reviews (SMR), and in briefing top FSA management officials on the results of top FSA management officials on the results of each review.each review.

FunctionsFunctions

4949


Develop handbooks, training modules, and Develop handbooks, training modules, and procedures relating to equal opportunity and civil procedures relating to equal opportunity and civil rights compliance, including program rights compliance, including program discrimination complaint processing. discrimination complaint processing.

Provide program civil rights training as needed (e.g., Provide program civil rights training as needed (e.g., State Civil Rights Coordinators) covering the above.State Civil Rights Coordinators) covering the above.

FunctionsFunctions

5050


Administer the Agency’s program for processing Administer the Agency’s program for processing complaints alleging discrimination in USDA complaints alleging discrimination in USDA Federally assisted and conducted programs, in Federally assisted and conducted programs, in accordance with Departmental regulations.accordance with Departmental regulations.

Provide assistance to the field staff to augment the Provide assistance to the field staff to augment the process.process.

FunctionsFunctions

5151


Provide liaison with external customers and Provide liaison with external customers and groups and conduct program civil rights-related groups and conduct program civil rights-related training on Agency programs, services, and training on Agency programs, services, and procedures.procedures.

Monitor program civil rights complaint activity, Monitor program civil rights complaint activity, resolution, and settlement. resolution, and settlement.

FunctionsFunctions

5252


Assist as technical advisors in program civil rights Assist as technical advisors in program civil rights for internal and external customers and for internal and external customers and stakeholders. stakeholders.

External customers include Federal/state/local External customers include Federal/state/local governments, land grant educational institutions, governments, land grant educational institutions, community-based and national organizations, and community-based and national organizations, and members of underserved groups. members of underserved groups.

FunctionsFunctions

5353

Civil Rights LawsCivil Rights Laws(major laws impacting program delivery)(major laws impacting program delivery)

Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 (Title VI),(Title VI), which prohibits discrimination in any program or which prohibits discrimination in any program or activity receiving Federal financial assistance activity receiving Federal financial assistance based onbased on

• RaceRace• Color, or Color, or • National OriginNational Origin


5454

Civil Rights LawsCivil Rights Laws, , cont’dcont’d

Section 504, Rehabilitation Act of 1973, which Section 504, Rehabilitation Act of 1973, which prohibits discrimination against an otherwise prohibits discrimination against an otherwise qualified disabled individual—solely by reason of qualified disabled individual—solely by reason of disability—in employment, programs, or disability—in employment, programs, or activities receiving Federal financial assistance activities receiving Federal financial assistance or which are Federally conducted.or which are Federally conducted.


5555

Civil Rights Laws, Civil Rights Laws, cont’dcont’d

Equal Credit Opportunity Act (ECOA), which Equal Credit Opportunity Act (ECOA), which prohibits discrimination against an applicant prohibits discrimination against an applicant regarding any aspect of a credit transaction.regarding any aspect of a credit transaction.

Age Discrimination Act of 1975, which prohibits Age Discrimination Act of 1975, which prohibits discrimination based on age in the delivery of discrimination based on age in the delivery of programs and services.programs and services.


Kansas City EEO & Kansas City EEO & Civil Rights OfficeCivil Rights Office

5757

Edith Stovall – Staff OfficerEdith Stovall – Staff Officer Michelle Cain – EEO SpecialistMichelle Cain – EEO Specialist

Janet Head – Mgmt & Program AnalystJanet Head – Mgmt & Program Analyst Marsha Young – Mgmt & Program AnalystMarsha Young – Mgmt & Program Analyst

Teresa Jones – EEO SpecialistTeresa Jones – EEO Specialist Wanda G. Littles – EEO AssistantWanda G. Littles – EEO Assistant

Main Tel. # (816) 926-6701 Fax # (816) 823-1811

Kansas City EEO and Kansas City EEO and Civil Rights StaffCivil Rights Staff

5858


The KC Field Office EEO/CR Staff serves as an Agency technical authority on EEO initiatives and compliance in performing an extensive range of EEO functions related to:

▪ Sec. 717 of Title VII employment programs

▪ Sec. 501 of the Rehabilitation Act

5959


Title VII – Section 717

Make all personnel actions free from discrimination based on race, color, religion, sex or national origin

Maintain an affirmative action program of equal employment opportunity for all employees and applicants

Submit an annual plan or updates to EEOC for approval

6060


Rehabilitation Act – Section 501

Make all personnel actions free from discrimination based on disability

Maintain an affirmative action program plan for the hiring, placement, and advancement of people with disabilities

Submit an annual plan and/or updates to EEOC for approval

6161


The KC EEO/CR Staff is involved with Agency-wide research, analysis, and compliance and also provides advice, guidance, and assistance on the implementation and management of EEO programs.

The Staff is actively involved in developing EEO standard operating procedures, handbooks, policies, and procedures.

6262


EEO laws, regulations, directives, and legislation require proactive EEO functions to be provided as a means of guidance and assistance in implementing and/or maintaining a Model EEO program that ensures a workplace conducive to:

▪ diversity, reasonable accommodation, fairness, and equal treatment for all internaland external customers.

6363


Staff Functions

Administers EEOC Management Directive 715 (MD-715) involving:

Monitoring and reporting Barrier analysis Goal setting, and Monitoring compliance and accountability

6464

MD-715MD-715

The policy guidance by the Equal Employment The policy guidance by the Equal Employment Opportunity Commission (EEOC) as directives for Opportunity Commission (EEOC) as directives for Federal agencies to follow in establishing and Federal agencies to follow in establishing and maintaining a “Model Equal Employment (EEO) maintaining a “Model Equal Employment (EEO) Program.”Program.”

This directive was established for management, This directive was established for management, Civil Rights, and Human Resources to collaborate Civil Rights, and Human Resources to collaborate proactively in managing human capital by ensuring proactively in managing human capital by ensuring equity and limiting EEO liabilities.equity and limiting EEO liabilities.


6565


Staff Functions, continued

Collaborates with top management and the Office of Human Resources (OHR) on initiatives established via:

Diversity

Federal Equal Opportunity Recruitment Plans (FEORP)

6666



Monitors and reports on:

Reasonable Accommodation via MD-715 Section 501 of the Rehabilitation Act

Conducts Civil Rights Impact Analysis (CRIA)(Title VII–Employment)

6767



Actively participates in State Management Reviews (SMR) for compliance

Administers Special Emphasis Programs (SEP)

Provides ombudsperson services in resolving local concerns and issues

6868



Develops and delivers training and awareness for EEO programs

MD-715 Special Emphasis Programs Diversity Section 501 of the Rehabilitation Act

6969


Special Emphasis Programs (SEP)

Special Emphasis Programs are implemented pursuant to Presidential Executive Orders and Federal personnel programs established by the Office of Personnel Management (OPM)

to assist in the elimination of demographic group imbalances in targeted occupations, and

to enhance the achievement of workforce diversity.

7070

What is the What is the PurposePurpose of of Special Emphasis Programs?Special Emphasis Programs?

Assist the recruitment, development, training, Assist the recruitment, development, training, and advancement of minorities, women, and and advancement of minorities, women, and people with disabilities.people with disabilities.

Each SEP to develop and implement objectives Each SEP to develop and implement objectives to enhance the status of their respective groups.to enhance the status of their respective groups.


7171

What is the What is the ObjectiveObjective of of Special Emphasis Programs?Special Emphasis Programs?

Analyzing Agency workforce data and identifying Analyzing Agency workforce data and identifying barriers in the areas of recruitment, hiring, barriers in the areas of recruitment, hiring, promotions, reasonable accommodation, and promotions, reasonable accommodation, and retention affecting the full representation of retention affecting the full representation of protected groups.protected groups.


7272

What is the What is the Objective Objective of of Special Emphasis Programs?Special Emphasis Programs? … …Cont’dCont’d

Compiling, developing, and disseminating Compiling, developing, and disseminating information and documents for managers, information and documents for managers, supervisors, and employees to provide knowledge supervisors, and employees to provide knowledge and sensitivity in all facts or issues affecting the and sensitivity in all facts or issues affecting the full representation of protected groups.full representation of protected groups.


7373

What is the What is the ObjectiveObjective of of Special Emphasis Programs? …Special Emphasis Programs? …Cont’dCont’d

Developing and conducting programs such as Developing and conducting programs such as training, workshops, conferences, job fairs, and training, workshops, conferences, job fairs, and commemorative observances to provide commemorative observances to provide awareness, sensitivity, and understanding of the awareness, sensitivity, and understanding of the special issues affecting employment of the special issues affecting employment of the protected groups.protected groups.


7474

African American Program African American Program

Asian American/Pacific Islander ProgramAsian American/Pacific Islander Program

Hispanic ProgramHispanic Program

American Indian/Alaskan Native ProgramAmerican Indian/Alaskan Native Program

People with Disabilities ProgramPeople with Disabilities Program

Federal Women’s ProgramFederal Women’s Program

Special Emphasis Special Emphasis ProgramsPrograms

Six Programs required by Executive Order (EO) or Six Programs required by Executive Order (EO) or Departmental Regulation (DR):Departmental Regulation (DR):


7575


Special Emphasis ProgramsAfrican American Program

This program was strengthened through Executive Order 11478, “Equal Employment Opportunity in the Federal Government,” which established the Equal Employment Opportunity Program.

It is the policy of the Federal government to provide equal opportunity in employment to all individuals regardless of race, color, religion, gender, national origin, disability or age.

7676


Special Emphasis ProgramsAfrican American Program, cont’d

The Special Emphasis Program has been established to increase the awareness and the representation of African Americans throughout the Agency.

7777


Special Emphasis ProgramsAsian American and Pacific Islander Program

On May 13, 2004, President George W. Bush signed Executive Order 13339 to increase economic opportunities for and improve the quality of life of approximately 14 million Asian Americans and Pacific Islanders (AAPIs) living in the United States and the U.S. and Pacific Island jurisdictions.

7878


Special Emphasis ProgramsAsian American / Pacific Islander Program, cont’d

This action renews a previous Executive Order, which established the President’s Advisory Commission and a federal Interagency Working Group on AAPIs.

7979


Special Emphasis ProgramsHispanic Program

Executive Order 13230, Educational Excellence for Hispanic Americans Commission, strengthens the Nation’s capacity to provide high quality education and increase opportunities for Hispanic Americans to participate in and benefit from Federal Education programs.

Executive Order 13171 was issued on October 12, 2000 to help improve the representation of Hispanics in federal employment.

8080


Special Emphasis ProgramsHispanic Program, cont’d

In September 1997, the U.S. Office of Personnel Management developed and called upon agencies to adopt a Hispanic Employment Initiative (9-Point Plan) to improve the representation of Hispanics in the Federal workforce.

8181


Special Emphasis ProgramsNative American Program

President George W. Bush reaffirmed the previous administration’s Native American Program of Support for Tribal Colleges and Universities in Executive Order 13270 of July 3, 2002.

8282


Special Emphasis ProgramsNative American Program, cont’d

He reiterated the unique relationship between the United States and the Indian tribes and also acknowledged the special relationship between the United States and Alaskan Native entity universities that serve Indian tribes and Alaska Native entities.

8383

Special Emphasis ProgramsNative American Program, cont’d

President Bush declared that it is the policy of the Federal government that this Nation’s commitment to educational success and opportunity extends as well to the tribal colleges.

President Bush hopes that this order will fulfill a vital role in:

Maintaining and preserving irreplaceable languages and cultural traditions;

Offering a high-quality college education to younger students; Providing job training and other career-building programs to adults and

senior citizens.


8484

Special Emphasis ProgramsPeople with Disabilities Program

Executive Order 13078, issued on March 13, 1998, established the National Task Force on Employment of Adults with Disabilities to reduce employment barriers for persons with disabilities.


8585

Special Emphasis ProgramsPeople with Disabilities Program, cont’d

Executive Order 13164 of July 26, 2001, promotes a model Federal workplace that provides reasonable accommodation for people with disabilities and those who are applying for Federal employment.

Executive Order 13187 of January 10, 2001, established the President’s Disability Employment Partnership Board.


8686

Special Emphasis ProgramsPeople with Disabilities Program, cont’d

People with disabilities can be hired through the traditional competitive hiring process or, if they qualify, noncompetitively through the use of excepted service appointing authorities.

Excepted service appointing authorities were developed to provide an opportunity for people with disabilities to show that they can do the job and to circumvent the attitudinal barriers of managers and supervisors.


8787


Special Emphasis Programs

Women’s Program

In 1967, Executive Order 11375 added sex to other prohibited forms of discrimination such as race, color, religion, and national origin. In response to this, OPM established the Federal Women’s Program (FWP).

8888



Women’s Program, cont’d

In 1969, Executive Order 11478 integrated the FWP into the Equal Employment Opportunity (EEO) Program and placed the FWP under the direction of the EEO for each agency.

8989



Women’s Program, cont’d

OPM regulations implementing Public Law 92-261 require that Federal agencies designate a FWP Manager to advise the Director of EEO on matters affecting the employment and advancement of women. This law also requires that Federal agencies allocate sufficient resources for their Federal Women’s Programs.

9090



Appraises personnel operations at regular interval to assure their conformity with EEO programs in accordance with MD-715 and 29 CFR 1614

Conducts environmental assessments via employee surveys

Conducts assessments based on employee exit interviews

9191


Collects, evaluates, and analyzes statistical data on the status of workforce diversity and makes information available to senior management on a quarterly basis for planning purposes.

Participates in the development of long-range plans of action to achieve FSA Affirmative Employment (AEP) goals and objectives and Strategic Plan.


9292


Provides numerous profiles and reports for the Provides numerous profiles and reports for the State Management Reviews conducted by the State Management Reviews conducted by the Alabama Office. Alabama Office.

Participates as reviewers on State Management Participates as reviewers on State Management Review teams.Review teams.


http://www.fsa.usda.gov/Internet/FSA_File/crstatement.pdfhttp://www.fsa.usda.gov/Internet/FSA_File/crstatement.pdf

FSA Administrator’sFSA Administrator’sCivil Rights Policy StatementCivil Rights Policy Statement

FSA Civil Rights Policy Statement FSA Civil Rights Policy Statement BundleBundle

http://www.fsa.usda.gov/Internet/FSA_File/http://www.fsa.usda.gov/Internet/FSA_File/fsapolicystatementbundle2009.pdffsapolicystatementbundle2009.pdf

http://www.fsa.usda.gov/Internet/FSA_File/crstatement.pdfhttp://www.fsa.usda.gov/Internet/FSA_File/crstatement.pdf

USDAUSDACivil Rights Policy StatementCivil Rights Policy Statement

FSA OCR on the WebFSA OCR on the Web

http://www.fsa.usda.gov/FSA/webapp?http://www.fsa.usda.gov/FSA/webapp?area=about&subject=landing&topic=sao-oa-crarea=about&subject=landing&topic=sao-oa-cr

ENDEND

1 new employee orientation farm service agency office of civil rights ( fsa ocr ) february 2011

Documents

program civil rights

branch information

fsas civil rights interests

fsa headquarters

fsa mission

farm service agency

fsa ocr function

organizational structure