“Increasing emphasis on ensuring customer awareness and employee education in EEO & civil rights”

1. Florida NRCS Civil Rights Lesson Plan “Increasing emphasis on ensuring customer awareness and employee education in EEO & civil rights” http://www.usda.gov/da/cr.html 8/20/01

2. Forms of Discrimination Program Outreach & Public Notification Non-discrimination Statement SWCD Responsibilities Handling Complaints Alternative Dispute Resolution (ADR) Office Accommodations Civil Rights Advisory Committee (CRC) Special Emphasis Program Managers (SEPM) Florida Outreach Plan Lessons Along The Way • Civil Rights Compliance Review

3. Civil Rights Compliance Review

4. Civil Rights Compliance Review • What is a Civil Rights Compliance Review? • The Civil Rights Compliance Review is a checklist of responsibilities that agencies must carry out, by law, in relation to the civil rights of clients and employees • A report card in which we can grade ourselves on meeting obligations to the law

5. Civil Rights Compliance Review • What is the purpose of the Civil Rights Compliance Review? • Measure the effectiveness of NRCS equal employment opportunity (Title VII) & compliance in program delivery (Title VI) • Determine the extent that employees understand EEO/CR • Identify EEO & CR deficiencies

6. Civil Rights Compliance Review • How often is the Compliance Review administered to office personnel? • Reviews are given at the field level every three years • Reviews are given at the state and regional levels every five years

7. Civil Rights Compliance Review • What if deficiencies are detected during the Civil Rights Compliance Review process? • The deficiency will be addressed • Follow-up reports will be filed until the problem is corrected • This identifies problems and tracks corrections

8. Forms of Discrimination

9. Forms of Discrimination

10. Forms of Discrimination Definition of terms • Affirmative action: • Process to correct past discrimination of some protected classes who suffered severe employment discrimination • Goal is to have a workforce that represents our nation's diverse population • Adverse action: • To actively oppose, be hostile to or treat unfavorably

11. Forms of Discrimination Definition of terms (cont.) • Overt action: • To not conceal or hide, but be open about our action • Disparate treatment: • To treat differently and distinctly, or dissimilarly • Disparate impact: • Unjustified, seemingly neutral practices, that in theory apply equally to all customers but in fact, fall more harshly on protected groups than on all customers

12. Forms of Discrimination Definition of terms (cont.) • Systemic discrimination: • Under systemic discrimination, the system is the problem. It has to do with established policy, procedure or methods of administration Example: Some employees identified conservation planning for FSA as systemic discrimination in cases where farmers with large acreage were planned first because field office staff were under pressure to get acreage reported. This may be viewed as discriminatory to small farmers.

13. Program Outreach and Public Notification

14. Program Outreach & Public Notification • Program outreach • The application of methods and tools to encourage all eligible persons to participate in NRCS programs • Public notification • The method used to do program outreach,to assure that program benefits and services of the USDA are available to every eligible client

15. Program Outreach & Public Notification • What offices are required to do: 1. Develop potential customer list 2. Display poster “…And Justice For All” 3. Mailing lists 4. Lists of organizations 5. Newspaper articles 6. Meetings 7. Non-discrimination clause

16. Program Outreach & Public Notification 1. Develop potential customer list • Gather information and keep a count of potential agricultural and nonagricultural customers by: • Race • Sex • National origin • Document how you arrived at the information • Record the information in appropriate format • keep data showing customers serviced for the past three years • Determine an appropriate method of tracking those serviced

17. Program Outreach & Public Notification 2. Poster “…And Justice For All” • Must be prominently displayed in main NRCS receiving area • If there are two areas, there will be a poster in each • Must be easily viewed

18. Program Outreach & Public Notification 3. Mailing lists • Employees are encouraged to code all mailing lists by race and sex • This includes all mailing lists used by: • Soil & Water Conservation Districts • Extension Service • Farm Service Agency • Other agencies that do public outreach for NRCS

19. Program Outreach & Public Notification 4. Lists of organizations • Each office should have a list of organizations and media to send information • Examples: • Women’s organizations • Newspapers • Small community newspapers • Most widely read newspapers • Organizations for the disabled • Non-English speaking (if appropriate for your area)

20. Program Outreach & Public Notification 5. Newspaper articles • Sends news articles to a variety of newspapers • Document what you have sent to each • Articles may not always appear in the paper • Show that you have made the effort • Find out what your customers are reading • Use the appropriate publication

21. Program Outreach & Public Notification 6. Meetings • Should always be held in buildings accessible to the disabled and elderly and are not viewed as: • Difficult to get to • Uncomfortable • Schedule the meeting in the community where the people live, in a facility in which they feel comfortable

22. Program Outreach & Public Notification 7. Non-discrimination clause • All general information materials developed for widespread distribution must include the non-discrimination clause • Statement can be altered to include conservation districts name either prior to, or after, NRCS

23. Non-Discrimination Statement

24. Non-discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 14th and Independence Ave., SW, Washington, DC 20250-9410 or call (202) 720-5965 (voice and TDD). USDA is an equal opportunity provider and employer.

25. SWCD Responsibility

26. SWCD Responsibility • Soil & Water Conservation District’s civil rights responsibilities • Soil & Water Conservation Districts have agreed through the signing of the Cooperative Working Agreement to the same non-discrimination provisions as NRCS • May also be obligated further by any county or state agreements they have signed when receiving other funding

27. SWCD Responsibility • Representation on boards and councils • Why should we have diversity on boards and councils that reflect the population of the community? • New board members may offer a different perspective • Bring new life to organizations that have become stagnant

28. Handling Complaints and ADR

29. Handling Complaints Two types of complaints • Formal • Written • Informal • Non-written

30. Handling Complaints • Formal complaint • Will not be addressed by NRCS • Must go to the Secretary of Agriculture • Will cause an investigation • Of other services in your office • Throughout the state • Not a good idea to suggest • Most complaints can be handled as an informal complaint

31. Handling Complaints • Informal complaint • Should be addressed by an NRCS employee • Conversation at the level received • If complaint cannot be resolved, ask for supervisor assistance

32. Handling Complaints • Probable grounds • Discrimination must be found to be valid with respect to: • Race • Color • National origin • Sex • Disability • Age

33. Alternative Dispute Resolution (ADR) • What is ADR? • “A voluntary alternative to, and not a replacement for, formal dispute resolution systems such as grievances, discrimination complaints, and appeals.”

34. Alternative Dispute Resolution (ADR) • Who may use ADR? • Any employee, including: • high-level managers • temporary appointees • professionals • support and administrative staff • How do I learn more about ADR? • Contact agency or • http://www.usda.gov/cprc

35. Office Accommodations & Facilities Accessibility

36. Office Accommodations The Americans with Disabilities Act (Public Law 101-336) • The Americans with Disabilities Act prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and activities of state and local government. • Telecommunications relay services are established.

37. Office Accommodations The Americans with Disabilities Act was signed into law on July 26, 1990. Provisions of the law become effective at various times ranging from 30 days to 30 years. Here is a summary: • Employers with 25 or more workers, July 26, 1992. • Employers with 15 or more workers, July 26, 1994. • State and local government activities, January 26, 1992. • In general, public accommodations must be in compliance on January 26, 1992. • Transportation phase-ins for accessibility range from 30 days to 30 years. (See details under transportation.) • Telecommunication relay services become effective three years after the effective date of the law.

38. Office Accommodations Items to keep in mind: • Are there designated parking spaces for persons with disabilities that are close to the entrance of the worksite? • Is there a pathway, without abrupt level changes or steps, that leads from the parking area to the entrance? • If ramps are used to provide access, are they appropriately graded and are handrails provided? • Are the doors wide enough (36 inches) for people using wheelchairs? Are they easy to open (e.g., not excessively heavy, with easily grasped handles, or automatic)?

39. Office Accommodations Items to keep in mind (cont.): • Is the personnel office in an accessible location? • Are pathways to the bathroom, water fountain, and public telephone accessible? Can people with disabilities use them? • Is all signage appropriate and accessible for persons with visual, learning, and cognitive disabilities (including the use of symbols and graphics)? • Does the emergency warning system include both audible and visual alarms?

40. Office Accommodations • Guidelines and standards for Federal office accommodations are set forth in the Americans with Disabilities Accessibility Guidelines and the Uniform Federal Accessibility Standards. • Remember: All property that is rented, leased or owned by the USDA-NRCS shall conform to these guidelines and standards. • For more information or assistance, contact your Disability Emphasis Program Manager.

41. Civil Rights Advisory Committee (CRC)

42. Civil Rights Advisory Committee • Civil Rights Advisory Committee (CRC) • Composed of employees in various occupations, grade levels, sex, race and geographical locations • Advises and assists Deputy Equal Employment Opportunity Officer and State Conservationist in carrying out objectives of the civil rights program • Establishes line of communication between employees and management • Provides management with feedback on performance of civil rights program • Identifies weaknesses in civil rights program and recommends ways of improvement

43. Civil Rights Advisory Committee • CRC members are expected to: • Know and understand collateral duty responsibilities, as identified in GM-230, the CRAC fact sheet, the CRC by-laws, and other appropriate sources. • Promote and communicate the efforts of management (GM 230-404). • Complete the duties of primary position first. • Actively participate in meetings, discussions and projects.

44. Civil Rights Advisory Committee • CRC members are expected to (cont.): • Coordinate efforts with the CRC chair. This includes all overnight travel, meetings, invitations for outside speakers and guests, publications, discretionary fund requests, award nominations, budget modifications, etc. The chair will discuss with the EOLO and/or DEEOO. • Communicate progress and CR information at Area meetings.

45. Civil RightsAdvisory Committee • CRC members are expected to (cont.): • Provide advice on issues related to Program area. • Keep State Conservationist (STC) abreast of emerging trends. • Advise STC on suggested courses of action in order to prevent problems from occurring. • Carry out efforts in a unified manner, as indicated on the “umbrella slide”.

46. Civil Rights ProgramTitle VII- Florida Deputy Equal Employment Opportunity Officer DEEOO Equal Opportunity Liaison Officer EOLO CRC CRC CHAIR Committee Members ADVISOR DEPM HEPM BEPM APIM FWPM* NAPM AREA REPS VEPM * The Federal Women’s Program consists of a manager, advisor and committee.

47. Special Emphasis Program Managers (SEPM)

48. SEPM • Florida NRCS Special Emphasis Programs: • Native American Employment Program • Federal Women’s Program • Disability Employment Program • Black Employment Program • Hispanic Employment Program • Veteran Employment Program • Asian American Employment Program

49. Special Emphasis Program Managers • Special Emphasis Program Managers (SEPM) • Assist the agency in developing and implementing creative approaches to: • Recruitment • Employment • Placement • Training • Increase opportunities for minorities, women, disabled individuals and veterans • Serve as liaison between state and national SEPM

50. Florida Outreach Plan