NEW EMPLOYEE ORIENTATION

1. NEW EMPLOYEE ORIENTATION Farm Service Agency Office of Civil Rights

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. FSA OCR Director�s Staff Johnny R. Toles, Jr. � Director Jacqueline Micheli � Deputy Director Maria Daniels � Civil Rights Analyst Cleatus Robinson � Management Analyst

6. Office of the Director Lead and guide FSA OCR�s five branches in carrying out their specialized functional areas (i.e., EEO, program, special emphasis or SEP). 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.

7. 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 SEP staff.

8. 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

9. Equal Employment Opportunity Branch (EEOB)

10. Philip Newby � Branch Chief Andrew Malloy � EEO Specialist Jeffrey Hayden � EEO Specialist Kristena Jenkins � EEO Specialist Equal EmploymentOpportunity Branch (EEOB)

11. 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 and Compliance (OAC).*

12. 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.

13. 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.

14. 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 Programs (SEP) for the DC Headquarters area.

15. 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.

16. 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.

17. Equal EmploymentOpportunity Branch (EEOB) 29 CFR Part 1614 Management Directive 110

18. 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 alleging employment discrimination under the amended 1614 regulations.

19. EEO Counseling and Mediation Branch (CMB) Informal EEO Complaint (Pre-complaint) Program

20. Washington DC Staff

21. FSA EEO Counselors Claude McKenzie Gloria Scurry 706-546-2303 720-544-2900 Gregory Ferby Rene Rodriguez 315-477-6310 530-792-5544 Wanda Wilson Michael Sherman 859-224-7665 816-926-3487 Darlene Smith 202-401-7177

22. FSA Counseling Servicing Areas

23. 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.

24. How do we achieve our mission? Traditional EEO Counseling Alternative Dispute Resolution (ADR)

25. 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:

26. 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.

27. EEO Counseling andMediation Branch (CMB) A working environment that is free of discrimination File an EEO complaint Anonymity in the Informal EEO complaint process

28. EEO Counseling andMediation Branch (CMB)

29. 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.

30. EEO Counseling andMediation Branch (CMB) Race Color Religion Sex National Origin Age (40 and over) Disability (mental, physical)

31. EEO Counseling andMediation Branch (CMB)

32. Program Complaints Inquiry Branch (PCIB)

33. Program Complaints Inquiry Branch (PCIB) Montgomery, AL Carlton O�neal � Branch Chief Katherine H. Colvin � Secretary Program Complaints Specialists

34. Program Complaints Specialists ? Carnell McAlpine ? Roy C. Brown ? Charles Glenn ? Elvin R. Earthly ? Sharon S. Ervin ? Patricia Gates ? Olan Sanders ? Richard Jones ? John Smith Program Complaints Inquiry Branch (PCIB) Montgomery, AL

35. Functions 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)

36. Federally Conducted Program Complaint Process

37. Fact-Finding Inquiries (FFIs) FSA is given 24 calendar days to provide an Agency Position Statement (APS) to USDA�s Office of Adjudication and Compliance (OAC) on allegations of program discrimination. PCIB has 17 days to conduct an FFI on each complaint case.

38. FFI Process The Program Complaints Inquiry Branch (PCIB):

39. FFI Process, continued

40. State Management Reviews (SMR) Purpose To monitor and evaluate FSA programs to ensure that they are administered in a nondiscriminatory manner.

41. SMR Process

42. Compliance and Program Analysis Branch (CPAB)

43. Brian Garner, Jr. � Branch Chief Doris Rudolph � EO Specialist Carl Holmes � EO Specialist Rosalie Ramirez � EO Specialist Carmen Fulton � EO Assistant

44. Develop, implement, and coordinate Agency policies and procedures to ensure compliance with nondiscrimination in program delivery. Provide direction, assistance, and enforcement of Civil Rights laws and regulations in the delivery of all FSA programs, including outreach. Responsibilities

45. Produce and submit to the USDA Office of Adjudication and Compliance (OAC) an Agency Position Statement (APS) for each complaint of program discrimination filed with USDA OAC. Based on documentation from a fact-finding inquiry conducted by FSA OCR�s Program Complaint Inquiry Branch (PCIB). Functions

46. Review 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 before issuance of any significant new FSA regulation. Functions

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

48. Develop handbooks, training modules, and procedures for conducting civil rights compliance reviews and preliminary inquiries of program discrimination complaints. Provide training as needed (e.g., State Civil Rights Coordinators) covering the above. Functions

49. 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. Functions

50. Provide liaison with external customers and groups and conduct civil rights-related training on Agency programs, services, and procedures. Develop and maintain a database for complaint activity, resolution, and settlement. Functions

51. Represent FSA in dealing with internal and external organizations, individuals, members of underserved groups, educational institutions, State and local government, and other customers to provide program information and to secure cooperation in the implementation and delivery of FSA programs. Functions

52. Civil Rights Laws (major laws impacting program delivery) Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination in any program or activity receiving Federal financial assistance based on Race Color, or National Origin

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

54. Civil Rights Laws, cont�d Equal Credit Opportunity Act (ECOA), which prohibits discrimination against an applicant regarding any aspect of a credit transaction. Age Discrimination Act of 1975, which prohibits discrimination based on age in the delivery of programs and services.

55. Kansas City EEO & Civil Rights Office

56. Edith Stovall � Staff Officer Teresa Jones � EEO Specialist Janet Head � EEO Specialist Marsha Young � EEO Specialist Michelle Cain � EEO Assistant Kansas City EEO and Civil Rights Staff

57. Kansas City EEO and Civil Rights Staff 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

58. Kansas City EEO and Civil Rights Staff 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

59. Kansas City EEO and Civil Rights Staff 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

60. Kansas City EEO and Civil Rights Staff 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.

61. Kansas City EEO and Civil Rights Staff 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 internal and external customers.

62. Kansas City EEO and Civil Rights Staff Staff Functions Administers EEOC Management Directive 715 (MD-715) involving: Monitoring and reporting Barrier analysis Goal setting, and Monitoring compliance and accountability

63. MD-715 The policy guidance by the Equal Employment Opportunity Commission (EEOC) as directives for federal agencies to follow in establishing and maintaining a �Model Equal Employment (EEO) Program.� This directive was established for management, Civil Rights, and Human Resources to collaborate proactively in managing human capital by ensuring equity and limiting EEO liabilities. Kansas City EEO and Civil Rights Staff

64. Kansas City EEO and Civil Rights Staff 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)

65. Kansas City EEO and Civil Rights Staff Staff Functions, continued Monitors and reports on: Reasonable Accommodation via MD-715 Section 501 of the Rehabilitation Act Conducts Civil Rights Impact Analysis (Title VII�Employment)

66. Kansas City EEO and Civil Rights Staff Staff Functions, continued Actively participates in State Management Reviews for compliance Administers Special Emphasis Programs (SEP) Provides ombudsperson services in resolving local concerns and issues

67. Kansas City EEO and Civil Rights Staff Staff Functions, continued Develops and delivers training and awareness for EEO programs MD-715 Special Emphasis Programs Diversity Section 501 of the Rehabilitation Act

68. Kansas City EEO and Civil Rights Staff 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.

69. What is the Purpose of Special Emphasis Programs? Assist the recruitment, development, training, and advancement of minorities, women, and people with disabilities. Each SEP to develop and implement objectives to enhance the status of their respective groups. Kansas City EEO and Civil Rights Staff

70. What is the Objective of Special Emphasis Programs? Analyzing Agency workforce data and identifying barriers in the areas of recruitment, hiring, promotions, reasonable accommodation, and retention affecting the full representation of protected groups. Kansas City EEO and Civil Rights Staff

71. What is the Objective of Special Emphasis Programs? �Cont�d Compiling, developing, and disseminating information and documents for managers, supervisors, and employees to provide knowledge and sensitivity in all facts or issues affecting the full representation of protected groups. Kansas City EEO and Civil Rights Staff

72. What is the Objective of Special Emphasis Programs? �Cont�d Developing and conducting programs such as training, workshops, conferences, job fairs, and commemorative observances to provide awareness, sensitivity, and understanding of the special issues affecting employment of the protected groups. Kansas City EEO and Civil Rights Staff

73. African American Program Asian American/Pacific Islander Program Hispanic Program American Indian/Alaskan Native Program People with Disabilities Program Federal Women�s Program Kansas City EEO and Civil Rights Staff

74. Kansas City EEO and Civil Rights Staff Special Emphasis Programs African 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.

75. Kansas City EEO and Civil Rights Staff Special Emphasis Programs African American Program, cont�d The Special Emphasis Program has been established to increase the awareness and the representation of African Americans throughout the Agency.

76. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Asian 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.

77. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Asian 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.

78. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Hispanic 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.

79. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Hispanic 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.

80. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Native 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.

81. Kansas City EEO and Civil Rights Staff Special Emphasis Programs Native 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.

82. Special Emphasis Programs Native 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. Kansas City EEO and Civil Rights Staff

83. Special Emphasis Programs People 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. Kansas City EEO and Civil Rights Staff

84. Special Emphasis Programs People 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. Kansas City EEO and Civil Rights Staff

85. Special Emphasis Programs People 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. Kansas City EEO and Civil Rights Staff

86. Kansas City EEO and Civil Rights Staff 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).

87. Kansas City EEO and Civil Rights Staff Special Emphasis Programs 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.

88. Kansas City EEO and Civil Rights Staff Special Emphasis Programs 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.

89. Kansas City EEO and Civil Rights Staff Staff Functions, continued 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

90. Staff Functions, continued 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. Kansas City EEO and Civil Rights Staff

91. Staff Functions, continued Provides numerous profiles and reports for the State Management Reviews conducted by the Alabama Office. Participates as reviewers on State Management Review teams. Kansas City EEO and Civil Rights Staff

92. Administrator�s Policy Statements FSA Civil Rights Policy Statement http://www.fsa.usda.gov/pas/civil/civil_rights.htm Equal Employment Opportunity Statement http://www.fsa.usda.gov/FSA/webapp?area=about&subject=landing&topic=sao-oa-cr

93. Administrator�s Policy Statements, continued Policy Statement on Reprisal and Retaliation http://www.fsa.usda.gov/Internet/FSA_File/fsapolicyonreprisalfy08.pdf Policy on the Prevention of Sexual Harassment http://www.fsa.usda.gov/Internet/FSA_File/fsapolicyonsexualharassfy08.pdf

94. Administrator�s Policy Statements, continued EEO and Diversity Policy Statement http://www.fsa.usda.gov/Internet/FSA_File/fsapolicyondiversityfy08.pdf Policy Statement on Harassment http://www.fsa.usda.gov/Internet/FSA_File/fsapolicyonharassmentfy08.pdf

95. Administrator�s Policy Statements, continued Civil Rights Accountability Policy and Procedures Statement http://www.fsa.usda.gov/Internet/FSA_File/fsapolicyonaccountabilityfy08.pdf

96. USDA Policy Statement Civil Rights Policy Statement http://www.usda.gov/da/CRPolicy.htm

97. FSA OCR on the Web: http://www.fsa.usda.gov/FSA/webapp?area=about&subject=landing&topic=sao-oa-cr-co