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NEW EMPLOYEE ORIENTATION

NEW EMPLOYEE ORIENTATION. Farm Service Agency Office of Civil Rights. ( FSA OCR ). February 2011. Office of Civil Rights Farm Service Agency U.S. Department of Agriculture. FSA Mission:

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NEW EMPLOYEE ORIENTATION

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  1. NEW EMPLOYEE ORIENTATION Farm Service Agency Office of Civil Rights ( FSA OCR ) February 2011

  2. Office of Civil Rights Farm Service Agency U.S. Department of Agriculture FSA Mission: Equitably serving all farmers, ranchers, and agricultural partners by delivering effective, efficient agricultural programs for all Americans. 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.

  3. FSA OCR Function • Provide overall leadership and direction in the development and implementation of Civil Rights (CR) and Equal Employment Opportunity (EEO) policies, programs, and procedures. • Scope of responsibilities extends from FSA Headquarters to Field Operations.

  4. Organizational Structure

  5. Contents

  6. FSA OCR Director’s Staff • Johnny R. Toles, Jr. – Director • Jacqueline Micheli – Deputy Director • Maria Daniels – Civil Rights Analyst • Cleatus Robinson – Management Analyst • Nina Wilburn – Secretary Main Tel. # (202) 401-7220 Fax # (202) 401-7100

  7. Office of the Director • Lead and guide FSA OCR’s five branches in carrying out their specialized functional areas (EEO, program civil rights, special emphasis). • Represent the Office of Civil Rights or FSA’s civil rights interests across the board through participation in high-level conferences and meetings, both externally and within FSA. Responsibilities

  8. Office of the Director • Serve on the Agency Core Team responsible for FSA’s Budget and Performance Management System and Strategic Plan to ensure civil rights remains a crosscutting management objective. • Produce and disseminate overarching statistical and analytical reports that incorporate the separate but coordinated functions and activities of its EEO, program, and special emphasis staff. Responsibilities

  9. Office of the Director • Produce mandated and ad hoc reports that cover civil rights/EEO efforts, activities, and accomplishments Agency-wide. • Ensure the effective functioning of FSA OCR through administrative oversight of: • Fiscal year budget allotment/expenditures • Division procurement • Special projects Responsibilities

  10. Equal Employment Opportunity Branch (EEOB)

  11. Equal EmploymentOpportunity Branch (EEOB) • Andrew Malloy – Branch Chief • David Atkins – EEO Specialist • Andre Bruce – EEO Specialist • Jeffrey Hayden – EEO Specialist • Donald Wright – EEO Specialist Main Tel. # (202) 401-7206 Fax # (202) 401-7100

  12. Equal EmploymentOpportunity Branch (EEOB) • Investigate EEO complaints timely, accurately, and impartially. • Conduct formal EEO investigations and distribute Reports of Investigation (ROI) within ninety (90) days after receiving an authorized acceptance letter from the USDA Office of Adjudication (OA).* * Within USDA’s Office of the Assistant Secretary for Civil Rights. Responsibilities

  13. Equal EmploymentOpportunity Branch (EEOB) • Track, prepare, report, and distribute FSA’s Quarterly No Fear Act Reports and FSA’s Annual 462 and MD-715 Reports. • Conduct formal EEO Alternative Dispute Resolution (ADR) and ensure the enforcement of settlements and compliance agreements anytime during the EEO formal complaint stage. Responsibilities

  14. Equal EmploymentOpportunity Branch (EEOB) • Provide managers with workforce analysis briefing and recommendations on innovative ways to create diversity in the workplace. • Recommend innovative staffing methods — e.g., internships, details, developmental assignments, and mentoring programs — to recruit, train, and retain a top-quality workforce reflective of the geographical civilian labor force (CLF) population. Responsibilities

  15. Equal EmploymentOpportunity Branch (EEOB) • Serve as advisors to FSA managerial staff, providing advice on Civil Rights laws, statutes, directives, executive orders, as well as personnel policies, procedures, and practices that impact Civil Rights regulations. • Administer Special Emphasis Program (SEP) for the DC headquarters area. Responsibilities

  16. Equal EmploymentOpportunity Branch (EEOB) • Provide input into written policies, conduct annual reviews of policies, and ensure proper updates and posting of the Farm Service Agency Administrator’s EEO Policy Statements. • Develop, administer, and monitor FSA’s Annual EEO Civil Rights Training via USDA’s web-based AgLearn. Responsibilities

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

  18. Equal EmploymentOpportunity Branch (EEOB) • 29 CFR Part 1614 Internal EEO Complaint Processing Procedures – Federal Employees Management Directive 110 (MD-110)

  19. Equal EmploymentOpportunity Branch (EEOB) What is EEOC Management Directive 110? • Guidance issued by the EEOC and is effective November 9, 1999. EEOC amended 29 C.F.R. Part 1614 to improve the federal sector EEO process. This guidance describes in detail the procedures that must be followed when processing complaints of discrimination filed by federal employees and applicants for federal employment who allege employment discrimination under the amended 1614 regulations. MD-110

  20. Informal EEO Complaints (Pre-complaints) Program EEO Counseling and Mediation Branch (CMB)

  21. EEO Counseling andMediation Branch (CMB) Washington DC Staff • Vacant – Branch Chief • Darlene Smith – EEO Counselor • Mark Newsom – EEO Assistant • EEO Counselors Main Tel. # (202) 720-8826 Fax # (202) 401-7103

  22. EEO Counseling andMediation Branch (CMB) FSA EEO Counselors Claude McKenzie Gloria Scurry 706-546-2303720-544-2900 Gregory Ferby Rene Rodriguez 315-477-6310530-792-5544 Wanda Wilson Michael Sherman 859-224-7665816-926-3487 Darlene Smith 202-401-7177 EEO Counselors’ Map on next page …

  23. FSA Counseling Servicing Areas Darlene Smith Greg Ferby Claude McKenzie Wanda Wilson Rene Rodriguez Mike Sherman Gloria Scurry

  24. EEO Counseling andMediation Branch (CMB) • EEO Counseling and Alternative Dispute Resolution (ADR) • Training on EEO Complaint Program • Guidance and direction on EEO Complaint Program • Contact on all informal EEO complaints (pre-complaints) filed against FSA. Services

  25. EEO Counseling andMediation Branch (CMB) How do we achieve our mission? • Traditional EEO Counseling • Alternative Dispute Resolution (ADR)

  26. EEO Counseling andMediation Branch (CMB) • Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the EEO Act of 1972, which prohibits employment discrimination based on: Federal Laws Prohibiting Employment Discrimination • Race • Color • Religion • Sex • National Origin, or • Reprisal

  27. EEO Counseling andMediation Branch (CMB) • Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same area from sex-based wage discrimination. • Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older. • Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals with physical or mental disabilities who work in the Federal government. Federal Laws Prohibiting Employment Discrimination, cont’d

  28. EEO Counseling andMediation Branch (CMB) • A working environment that is free of discrimination • File an EEO complaint • Anonymity in the Informal EEO complaint process Employees Have the Right to:

  29. EEO Counseling andMediation Branch (CMB) 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.

  30. EEO Counseling andMediation Branch (CMB) • An EEO complaint is a claim that an Agency official 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. What is an EEO Complaint?

  31. EEO Counseling andMediation Branch (CMB) What is an EEO Complaint? … cont’d • Based in whole or in part on a person’s protected class, which includes the following: • Race • Color • Religion • Sex • National Origin • Age (40 and over) • Disability (mental, physical) • Reprisal • Political Affiliation / Beliefs • Sexual Orientation • Marital Status • Status as a Parent • Genetic Information ▲ Not permitted under the law and/or USDA regulations

  32. EEO Counseling andMediation Branch (CMB) 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. NOTE: Contacting an EEO Counselor is the mandatory first step in filing an EEO complaint. Exceptions to the MANDATORY first step are allegations involving Age and/or Equal Pay Act violations.

  33. Program Complaints Inquiry Branch (PCIB)

  34. Program Complaints Inquiry Branch (PCIB)Montgomery, AL • Carnell McAlpine – Branch Chief • Katherine Colvin – Secretary • Program Complaints Specialists Main Tel. # (334) 279-3601 Fax # (334) 279-3698

  35. Program Complaints Inquiry Branch (PCIB)Montgomery, AL • Program Complaints Specialists ▪ Roy C. Brown ▪ Sharon S. Ervin ▪ Patricia Gates ▪ Charles Glenn ▪ Richard Jones ▪ Olan Sanders ▪ John Smith, III

  36. Functions Program Complaints Inquiry Branch (PCIB) Montgomery, AL • Conduct Fact-Finding Inquires (FFI) on program discrimination cases • Conduct special inquiries, misconduct inquiries, and OIG hotline inquiries • Conduct EEO and CR State Management Reviews (SMR)

  37. Federally Conducted Program Complaint Process Complaint submitted to the USDA Office of Adjudication (OA) Complaint must be filed within 180 calendar days USDA OA directs FSA to conduct a Fact-Finding Inquiry (FFI) and provide an Agency Position Statement (APS) Complaints are processed within 180 days of acceptance by OA FSA submits to OA the APS to be included in final complaint processing FSA has 24 days to conduct an FFI and prepare an APS

  38. Fact-Finding Inquiries (FFIs) Program Complaints Inquiry Branch (PCIB) • FSA is given 24 calendar days to provide an Agency Position Statement (APS) to USDA’s Office of Adjudication (OA) on allegations of program discrimination. • PCIB has 17 days to conduct an FFI on each complaint case.

  39. FFI Process Contacts the State Executive Director (SED) and other personnel Prepares the Investigative Plan The Program Complaints Inquiry Branch (PCIB):

  40. 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 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

  41. State Management Reviews (SMR) Program Complaints Inquiry Branch (PCIB) Purpose • To monitor and evaluate FSA programs to ensure that they are administered in a nondiscriminatory manner.

  42. SMR Process On-SiteReview Post-Review Pre-Review SMR Report to State Corrective Action Plan to FSA/OCR Implementation Reports Closure States & Team Selections Notification Data Analysis Service Center Selections Notification Interview Employees Review Accessibility Review Public Information Review Files

  43. Compliance and Program Analysis Branch (CPAB)

  44. Compliance and Program Analysis Branch (CPAB) • Vacant – Branch Chief • Doris Rudolph – EO Specialist / Acting Branch Chief • Carl Holmes – EO Specialist • Jonathan Howard – EO Specialist • Jamarie Parks – EO Specialist • Makiya Gantt – EO Assistant Main Tel. # (202) 401-7187 Fax # (202) 401-7104

  45. Responsibilities Compliance and Program Analysis Branch (CPAB) • Develop, implement, and coordinate Agency policies and procedures to ensure compliance with nondiscrimination laws, statutes, and regulations in program delivery. • Provide guidance and technical assistance in implementing civil rights laws and regulations in the delivery of all FSA programs.

  46. Functions Compliance and Program Analysis Branch (CPAB) • Prepare and submit to the USDA Office of Adjudication (OA) an Agency Position Statement (APS) for each accepted complaint of program discrimination filed against FSA. • Based on documentation from a fact-finding inquiry conducted by FSA OCR’s Program Complaints Inquiry Branch (PCIB).

  47. Functions Compliance and Program Analysis Branch (CPAB) • Review, revise as needed, and approve each Civil Rights Impact Analysis (CRIA) submitted to FSA OCR by FSA program areas (farm loans and farm programs). • A CRIA is required in relation to any significant new FSA program regulation.

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

  49. Functions Compliance and Program Analysis Branch (CPAB) • Develop handbooks, training modules, and procedures relating to equal opportunity and civil rights compliance, including program discrimination complaint processing. • Provide program civil rights training as needed (e.g., State Civil Rights Coordinators) covering the above.

  50. Functions Compliance and Program Analysis Branch (CPAB) • Administer the Agency’s program for processing complaints alleging discrimination in USDA Federally assisted and conducted programs, in accordance with Departmental regulations. • Provide assistance to the field staff to augment the process.

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