New Employee Orientation

Farm Service Agency

Office of Civil Rights

FARM SERVICE AGENCY OFFICE OF CIVIL RIGHTS

                                       

"Utilizing a Tapestry of Diversity Today to Provide Leadership for a Better Tomorrow"

Responsibilities

• Provide overall leadership and direction in the development and implementation of civil rights policies, programs and procedures.

• Scope of responsibilities extend from FSA Headquarters to Field Operations.

Organizational Structure

E q u a l E m p lo y m e ntO p p o rtu n ity B ra n ch

W a sh in g to n , D C

E q u a l O p p o rtu n ity &C iv il R igh ts O fficeK a n sa s C ity , M O

E E O C o u n se lin g &M e d iatio n B ra n chW a sh in g to n , D C

C o m p lia n ce & P ro g ramA n a ly s is B ra n chW a sh in g to n , D C

P ro g ra m C o m p la in tsIn q u iry B ra n ch

M o n tg o m e ry , A L

O ffic e o f the D ire c torW a sh in g to n , D C

FSA OCR Director’s Staff

• Johnny R. Toles, Jr. – Acting Director

• Carmen D. Martinez – Deputy Director

• David J. Adams, Special Assistant

• Chris Sikes, Management Analyst

• Cleatus Robinson, Management Analyst

• Susan Radford, Secretary

Equal Employment Opportunity Branch

• Deborah Eyer, Chief

• Holiday Jones, EEO Specialist

• Catherine Thompson, EEO Specialist

• Sean Clayton, EEO Specialist

• John Davis, EEO Specialist

• Lisa Fyall, EEO Specialist

• Rebecca Vallerin, EEO Assistant

Special Emphasis Programs

•Black Employment Program

•Disabilities Employment Program

•American Indian/Alaskan Native Employment Program

•Hispanic Employment Program

•Asian American/Pacific Islander Employment Program

•Women's Employment Program

Six Programs required by Executive Order or Departmental Regulation

Who is responsible for implementing these programs?

Six Nation-Wide Program Managers in WDC – •Full-Time Positions

•Provide Guidance, Information, Support to Field Offices

•Provide Support to WDC personnel

•50 State Special Emphasis Program Managers•Majority – Collateral Duty

•Report to State SED

•Responsible for all six programs in their state

What is the purpose of Special Emphasis Programs?

•Provide Cultural Awareness and Training

•Promote Equal Employment Opportunities for members of targeted groups

•Identify Problem Areas within targeted groups and develop recommendations for solutions

•Reduce Employee Complaints caused by misperceptions, bias, prejudice through education and exposure

•Identify Recruitment Strategies for Under-representation

Who do you Contact if you have Questions about Special Emphasis

Programs?

Your State Special Emphasis Program Manager

Washington, DC EEO Branch Staff

202-401-7211

Affirmative Employment Plan (AEP)

•Required by the Equal Employment Opportunity Commission

•Agency’s annual plan for addressing barriers to equal employment opportunities for minorities and women

•Plan submitted to USDA on a yearly basis

Kansas City Equal Kansas City Equal Employment Opportunity & Employment Opportunity &

Civil Rights OfficeCivil Rights Office

Kansas City EEO and Civil Rights Staff

• Edith Stovall, Staff Officer

• Teresa Jones, EO Specialist

• Janet Head, EEO Specialist

• Marsha Young, EEO Specialist

• Donna Stone, EEO Specialist

• Danielle Nigro, EO Assistant

KANSAS CITY EEO AND KANSAS CITY EEO AND CIVIL RIGHTS STAFFCIVIL RIGHTS STAFF

Manages Equal Employment Opportunity (EEO), and Civil Rights(CR) program reporting and the AEPfor all Field and State Offices.

Advises management officialsconcerning the development of plansand policies.

KANSAS CITY EEO AND KANSAS CITY EEO AND CIVIL RIGHTS STAFFCIVIL RIGHTS STAFF

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

KANSAS CITY EEO AND KANSAS CITY EEO AND CIVIL RIGHTS STAFFCIVIL RIGHTS STAFF

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

KANSAS CITY EEO AND KANSAS CITY EEO AND CIVIL RIGHTS STAFFCIVIL RIGHTS STAFF

Provides numerous profiles andreports for the State Management Evaluations conducted by the Alabama Office.

Participates as Reviewers on State Management Evaluation teams.

Equal Employment Opportunity (EEO) Counseling and Mediation

Branch Mission

To resolve EEO Complaints

How do we achieve our mission

• Traditional EEO Counseling

• Mediation

• Facilitation

Employees Have The Right To:

• A working environment that is free of discrimination

• File an EEO complaint

• Anonymity in the informal EEO complaint process

What is an EEO Complaint?

An EEO Complaint is a claim that an Agency

acted or failed to act against an employee,

former employee or applicant that, adversely

affects privileges, benefits, working conditions,

or results in disparate treatment or has an

adverse impact on employees or applicants,

and is based in whole or in part on person’s

protected class which includes the following:

What is an EEO Complaint?(Continued)

– race, color, religion, sex, national origin, age (40 & over), disability (mental/physical), and reprisal, and is not permitted under the law;

– political affiliation/beliefs, sexual orientation, marital status, status as a parent or genetic information, and is not permitted under USDA regulations.

What is an EEO Complaint?(Continued)

Contacting an EEO Counselor is the

mandatory first step in filing an EEO

Complaint.

* However, persons claiming discrimination involving Age and/or Equal Pay Act violations may bypass this process and proceed to District Court.

What is Discrimination?

Discrimination is defined in Civil Rights Law

as unfavorable or unfair treatment of a person

or class of people in comparison to others who

are not members of the same protected class.

How Do I File An EEO Complaint

To file an EEO complaint, the individual must

contact an EEO Counselor within 45 calendar

days of the alleged discriminatory event.

FSA Counseling Servicing Areas

Lydia Jones Greg Ferby Claude McKenzie Wanda Wilson

Mike Sherman Gloria Scurry Rene Rodriguez

FSA EEO CounselorsClaude McKenzie Gloria Scurry

706-546-2303 720-544-2900

Gregory Ferby Rene Rodriguez

315-477-6310 530-792-5544

Wanda Wilson Lydia Jones

859-224-7665 202-401-7167

Michael Sherman

816-926-3487

Washington, DC Staff

Debbie Lombardino, Branch Chief, 202-401-7154

Lydia Jones, EEO Counselor, 202-401-7167

Joanne Scott,

Rolina Johnson,Equal Opportunity Assistant, 202-720-8826

EE Specialist, 202-401-7177

CMB Web Site http://www.fsa.usda.gov/civil/ocrBranches/counsel_mediate.htm

Fax Number 202-401-7103

EEO Counseling and Mediation Branch Services

• EEO Counseling and Mediation• Training on Informal EEO Complaint Program• Facilitation - Workplace Disputes• Guidance and direction on EEO Complaint Process• Contact on all Informal EEO Complaints filed against

FSA

Equal Employment Opportunity and Civil Rights

Laws prohibiting

Employment and Program discrimination

The Federal laws prohibiting

employment discrimination are:

Title VII of the Civil Rights Act of 1964(Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

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

The Federal laws prohibiting employment discrimination are:

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

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The Federal laws prohibiting employment discrimination are:

Sections 501 and 503 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the Federal government; and

Civil Rights

A civil right is an enforceable right or privilege, which if

interfered with by another gives rise to an action for

injury. Examples of civil rights are freedom of speech,

press, assembly, the right to vote, freedom from

involuntary servitude, and the right to equality in public

places.

Civil Rights Laws

Statutes have been enacted to prevent

discrimination based on a person’s race, sex,

religion, age, previous condition of servitude,

physical limitation, national origin and in some

instances sexual preference.

Civil Rights Laws

• Title VI of the Civil Rights Act of 1964 prohibits discrimination in any program or activity receiving Federal financial assistance, based on race, color, national origin.

• Section 504, Rehabilitation Act of 1973 prohibits discrimination against an otherwise qualified disabled individual solely by reason of disability in employment, program or activity receiving Federal financial assistance, federally conducted and assisted program or activity.

• Equal Credit Opportunity Act of 1974 (ECOA) and Title VII of the Consumer Protection Act of 1974 prohibits discrimination against an applicant about an aspect of a credit transaction.

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

Federally Conducted Program Complaint Process

Complaint must befiled within 180calendar days

Complaint submitted to USDA Office of CR

USDA OCR directs FSAto conduct an FFI and

provide an AgencyPosition Statement (APS)

Complaints are processed within 180 days of

acceptance

FSA has24 days to conducta Fact Finding Inquiry

and prepare an APS

FSA will submit to OCRan APS to be included in

final complaint processing

Program Compliance and Analysis Branch

• Christopher Sikes, Acting Chief

• Jeffrey Hayden, EO Assistant

• Tracey Durr, Program Complaints Specialist

• Doretha Frierson, EO Specialist

• Carl Holmes, Program Complaints Specialist

• Millie West-Wiggins, EO Specialist

• Philip Newby, Program Complaints Specialist

Program Complaints Inquiry Branch(PCIB)

PCIB StaffMontgomery, AL

• Carlton O’neal, Chief• Katherine H. Colvin, Secretary• Program Complaints Specialist (PCS)• Roy C. Brown• Elvin R. Earthly• Sharon S. Ervin• Patricia Gates

PCIB StaffMontgomery, AL

(Continued)

• Program Complaints Specialist, continued • Charles R. Glenn• G. Howard Goza• Richard B. Jones• Charles E. Lewis• Carnell McAlpine• Olan Sanders• John E. Smith, III

PCIB Functions

• Conduct Fact-Finding Inquires on Program Discrimination Cases

• Conduct Special Inquiries, Misconduct Inquiries, and OIG Hotline Complaints

• Conduct EEO and CR State Management Reviews

Fact-Finding Inquiries (FFIs)

• FSA is given 24 days to provide an Agency response to USDA/Office of Civil Rights on allegations of program discrimination complaints.

• PCIB has 14 days to conduct a FFI.

FFI Process

The PCS:

Prepares the Investigative Plan

Prepares the Investigative Plan

Contacts the State Executive Director and other applicable personnel

FFI Process, continued

Takes statements from FSA personnelObtains and analyzes data

FFI Process, continued

Prepares the Report

All 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 PCS. 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

State Management Reviews (SMR)

PURPOSE

To monitor and evaluate FSA programs to

ensure they are administered in a

non-discriminatory manner.

SMR, continued

The Administrator’s Performance Review

Plan and FSA’s Strategic Plan require

that FSA/OCR complete at least 10 EEO

and CR State Management Reviews each

year.

SMR 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

Administrator’s Policy Statements

• Civil Rights Policy Statement

http://www.fsa.usda.gov/pas/civil/civil_rights.htm

• Equal Employment Opportunity Statement

http://www.fsa.usda.gov/civil/statements/eeo_policy.htm

Administrator’s Policy Statements, continued

• Reprisal and Retaliation Statement

http://www.fsa.usda.gov/civil/statements/reprisal_policy.htm

• Sexual Harassment Statement

http://www.fsa.usda.gov/civil/statements/Harassment_policy.htm

USDA Policy Statement

• Civil Rights Policy Statement

http://www.usda.gov/da/CRPolicy.htm

FSA/OCR Contacts

• Office of the Director – (202) 401-7220

• EEOB – (202) 401-7206

• CPAB – (202) 720-9413

• CMB – (202) 401-7154

• KC-EEO/CR – (816) 926-6701

• PCIB – (334) 279-3601