RD Instructions 2045-X

PART 2045 - GENERAL

Subpart X - EQUAL EMPLOYMENT OPPORTUNITY

## [TABLE OF CONTENTS]{.underline}

§ 2045.1151 General.

§ 2045.1152 Purpose.

§ 2045.1153 Authorities and responsibilities.

§ 2045.1154 Designation of responsibilities.

§ 2045.1155 Equal Employment Opportunity Complaints of Discrimination.

§ 2045.1156 Availability of regulations.

Exhibit A - Equal Employment Opportunity - Special Emphasis Programs.

Exhibit B - Equal Employment Opportunity Complaints of Discrimination.

Exhibit C - Equal Employment Opportunity Advisory Committees.

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RD Instruction 2045-X

PART 2045 - GENERAL

Subpart X - EQUAL EMPLOYMENT OPPORTUNITY

§ 2045.1151 [General]{.underline}.

It is the policy of the Federal Government, including the United States
Department of Agriculture (USDA) and Rural Development to provide equal
opportunity in Federal employment for all persons, to prohibit
discrimination in employment because of race, color, religion, sex,
national origin, age, or against people with disabilities, and to
promote Equal Employment Opportunity (EEO) through a positive continuing
program in each Department and Agency as it applies to every aspect of
Federal employment policy and practice.

In furtherance of this policy, it is the responsibility of the Rural
Development to assure that all minorities, women, and persons with
disabilities have an opportunity to achieve the best possible
utilization of their skills to the fullest extent practicable so they
may qualify for advancement and work at their fullest potential in the
Mission Area.

§ 2045.1152 [Purpose]{.underline}.

This Instruction including the exhibits provides the policy and
procedures of the EEO Program in the USDA and Rural Development. Exhibit
A provides goals and objectives for Agencywide Special Emphasis Programs
(SEP) and provides guidelines and instructions for the function of the
SEP at the National and field levels. Exhibit B provides information to
Agency employees regarding the EEO complaint procedure. Exhibit C
provides information regarding EEO Advisory Committees.

§ 2045.1153 [Authorities and responsibilities]{.underline}.

\(a\) The basic authority for the EEO Program is the EEO Act of 1972
which brought Federal employees and Agencies under the EEO provisions of
the Civil Rights Act of 1964 and required Federal Departments and
Agencies to insure that all personnel actions are free from
discrimination. This law also requires that Federal Agencies allocate
sufficient resources to insure a results-oriented EEO Program at
headquarters and field levels. Resources include personnel, funds, and
necessary equipment and space allocations.

DISTRIBUTION: WSDC Personnel

General

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RD Instruction 2045-X

§ 2045.1153 (Cont.)

\(b\) In accordance with the requirements of the EEO Act of 1972,
(Public Law 92-261), the Civil Service Reform Act of 1978, and Part 1614
of Title 29 of the Code of Federal Regulations, the EEO Program at the
National and field levels of the Agency should include the following
basic elements:

\(1\) Sufficient resources in staffing and budget to carry out the
program in a positive and effective manner to meet current and future
goals.

\(2\) A written policy statement to all employees in support of EEO; a
written policy statement in support of the prohibition against sexual
harassment in the workplace; and a written policy statement prohibiting
discrimination against persons with disabilities.

\(3\) Affirmative employment goals.

\(4\) Development and implementation of a Career Enhancement Plan.

\(5\) Results-oriented Special Emphasis Programs (SEP).

\(6\) Implementation of a Federal Equal Opportunity Recruitment Program,
including the development of a plan with respect to workforce analysis,
determination of underrepresentation, identification of available
applicant sources, and development of innovative recruitment techniques
and strategies.

\(7\) A statement in the position descriptions of all managers and
supervisors relating to their EEO responsibilities.

\(8\) Maintenance of EEO Posters.

§ 2045.1154 [Designation of responsibility]{.underline}.

\(a\) [Director of EEO]{.underline}. The Secretary of Agriculture has
designated the Assistant Secretary for Administration, USDA, as Director
of EEO, with authorization to carry out effectively the responsibilities
of Public Law 92-261 and the regulations, orders, and instructions
issued pursuant to this law.

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RD Instruction 2045-X

§ 2045.1154 (Cont.)

\(b\) [EEO Officer]{.underline}. Each Agency Administrator within Rural
Development is designated as EEO Officer with the responsibility of
effectively administering the EEO program, which includes affirmative
action, SEPs, and complaints of discrimination.

\(c\) [Deputy EEO Officer]{.underline}. The following officials are
hereby designated as Deputy EEO Officers in Rural Development.

\(1\) The State Directors of Rural Development and Senior Officials in
St. Louis are designated as Deputy EEO Officers and will assist each
Rural Development Agency Administrator in carrying out his/her functions
as EEO Officer within their assigned area(s).

\(2\) Responsibility for implementation of the EEO program rests solely
with Deputy EEO Officers within their assigned area(s). Deputy EEO
Officers are responsible for evaluating the performance of the EEO
duties of EEO collateral duty employees and for assuring that these
employees receive appropriate support; i.e., training, official time,
and mobility deemed necessary for effective performance of the duties of
their official EEO assignment.

\(d\) [Director, Civil Rights Staff (CRS)]{.underline}. The Director,
CRS is responsible for developing and implementing policies and
practices in administering Rural Development responsibilities under
Title VII of the Civil Rights Act of 1964; coordinates activities under
the EEO program; and represents Rural Development on all aspects of the
Equal Opportunity and EEO programs by providing leadership and direct
assistance to officials. Further, the Director, CRS, is charged with
carrying out a positive program designed to assure equal opportunities
in all organizations in Rural Development.

\(e\) [National Federal Women's Program Manager (FWPM)]{.underline}.
This position is located on the CRS of Rural Development. The National
FWPM is responsible for planning and directing Rural Development's
Federal Women's Program and advising top management officials on the
special concerns of women employees and applicants, including
identifying barriers to EEO and to assure that women participate equally
in Rural Development programs. In addition, the National FWPM also
provides leadership for field FWPMs setting program goals, planning the
short and long-range program objectives, and guidelines commensurate
with Exhibit A of this Instructions.

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RD Instruction 2045-X

§ 2045.1154 (Cont.)

\(f\) [National Hispanic Employment Program Manager (HEPM)]{.underline}.
This position is located on the CRS, Rural Development. The National
HEPM is responsible for planning and directing the Agency's Hispanic
Employment Program and serves as principal resource person and staff
advisor on unique concerns and problems related to EEO for Hispanic
employees and applicants. In addition, the National HEPM also provides
leadership for field HEPMs setting program goals, planning the short and
long-range program objectives, and guidelines commensurate with Exhibit
A of this Instruction.

\(g\) [National Disability Employment Program Manager
(DEPM)]{.underline}. This position is located on the CRS, Rural
Development. The National DEPM is responsible for planning and directing
the Agency's Disability Employment Program and serves as principle
resource person and staff advisor on unique concerns and problems
related to EEO for disabled employees and applicants. In addition, the
National DEPM also provides leadership for field DEPMs setting program
goals, planning the short and long-range program objectives, and
guidelines commensurate with Exhibit A of this Instruction.

§ 2045.1155 [Processing complaints of discrimination on grounds of race,
color, religion, sex, national origin, age, or disability]{.underline}.

\(a\) This Instruction sets forth policy and guidance on the procedure
for processing EEO complaints of discrimination arising in the Agency
and provides information to employees regarding the EEO complaint
procedure and defines their rights.

\(b\) All employees or applicants for employment will be free from
restraint, interference, coercion, discrimination, or reprisal in filing
complaints, including the counseling stage or anytime thereafter; in
serving as the representative of a complainant, in appearing as a
witness, or in seeking information in accordance with the Department's
regulations and procedures. The above principles apply with equal force
after a complaint has been adjudicated.

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RD Instruction 2045-X

§ 2045.156 [Availability of regulations.]{.underline}

Copies of this Instruction and all exhibits will be given to any
employee or applicant for employment on request.

§§ 2045.1157 - 2045.1200 \[Reserved\]

Attachments: Exhibits A through C

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RD Instruction 2045-X

Exhibit A

Page 1

## Equal Employment Opportunity

## Special Emphasis Programs

A. [Purpose and scope]{.underline}.

The purpose of this Exhibit is to provide guidelines for Rural
Development\'s Special Emphasis Programs (SEP) which included Federal
Women's, Hispanic Employment, Disability Employment, African American,
Asian/Pacific Islander, and American Indian Programs; provide guidelines
and instructions to field managers (State Directors and other employees
with supervisory and/or managerial responsibilities) with regard to the
SEPs; and to set forth guidelines for the function of the Special
Emphasis Program Managers (SEPM) at the National and field levels. In
scope, implementation, of the SEP originates with top management
officials and extends to those midlevel managers and supervisors
Mission-wide who are directly involved in hiring, training, promoting
and evaluating the performance of Rural Development employees.

B. [Legal authority]{.underline}.

\(1\) [Executive Order 11375, October 1967]{.underline}. Adds sex to
other prohibited forms of discrimination in Federal employment. The
former Civil Service Commission (CSC) established the Federal Womens
Program (FWP) in response to the order.

\(2\) [Executive Order 11478, August 1969]{.underline}. Integrated the
FWP/Hispanic Employment Program (HEP) into the overall Federal Equal
Employment Opportunity (EEO) Program.

\(3\) [Public Law 92-261, March 1972]{.underline}. Federal employees and
Agencies were placed under the EEO provision of the Civil Rights Act of
1964, with regard to processing formal complaints of discrimination,
affirmative action, upward mobility, program evaluation and training.
The law requires that all personnel actions affecting employees or
applicants shall be free from discrimination because of race, color,
religion, sex, or national origin.

\(4\) [Rehabilitation Act of 1973, Section 501]{.underline}. Calls for
Government-wide affirmative action program plans for the hiring,
placement, and advancement of disabled individuals. The right to file a
complaint of discrimination based on physical or mental disability is
set forth in Title 29 of the Code of Federal Regulations, Part 1614.
Section 1613.709 requires an Agency to provide in its regulations for
the acceptance of a complaint from any aggrieved employee or applicant
for employment who believes that he/she has been discriminated against
because of a disability.

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RD Instruction 2045-X

Exhibit A

Page 2

C. [Program goal]{.underline}.

The goal of Rural Development's SEPs is the equitable involvement of
minorities, women, and persons with disabilities in personnel management
operations, i.e., serving on panels, boards, and task forces, which
would permit them to be part of the decision-making process in personnel
management policy and practice, including recruitment programs,
training, selection, placement, promotions, counseling, and career
development.

D. [Program objectives]{.underline}.

The following are the major objectives of Rural Development's SEP:

\(1\) Eradication of every form of prohibited discrimination from
personnel policies and practices and working conditions.

\(2\) Utilization to the fullest extent possible, of the present skills
of minorities, women, and persons with disabilities in the work force.

\(3\) Provision of equal opportunities for minorities, women, and
persons with disabilities to enhance their skills through career
counseling, on-the-job training, upward mobility, work-study programs,
and other training measures so they may perform at their highest
potential and advance in accordance with their abilities.

E. [Management requirements]{.underline}.

\(1\) Deputy EEO Officers (State Directors and Senior Officials in St.
Louis) will designate Federal Women's Program, Hispanic Employment
Program, and Disability Employment Program Managers for each State and
the Finance Office. The designation of any other field SEPMs is
optional.

\(2\) Deputy EEO Officers will publicize to employees the names,
addresses, and telephone numbers of the National and local SEPMs.

\(3\) Deputy EEO Officers will send a copy of the executed Memorandum of
Understanding to the Director, Civil Rights Staff in the National
Office. (See Attachment 1 of this exhibit.)

RD Instruction 2045-X

Exhibit A

Page 3

F. [Selection and designation of SEPMs]{.underline}.

\(1\) [National SEPM]{.underline}. The National SEPMs have mission-wide
responsibility for implementation of the SEPs. The primary duty of the
National SEPMs is to strive for the elimination of systemic and
institutional barriers to the employment and advancement of minorities,
women, and persons with disabilities and to focus top management's
support on their needs. National SEPMs are designated by the Director,
Civil Rights Staff, and serve under the direction of the Director, Civil
Rights Staff.

\(2\) [Field SEPMs]{.underline}. Field SEPMs are designated by the
Deputy EEO Officer. An SEPM is designated for a term of three years.
SEPM duties must be documented in position descriptions as EEO
collateral assignments. SEPMs' duties are a supplement to the duties and
responsibilities of the SEPM's primary occupation. EEO collateral
assignments have the following characteristics:

\(a\) The EEO collateral assignment does not constitute the primary
purpose of establishing or continuing the position;

\(b\) For purposes of the EEO collateral assignment, the employee
receives guidance and review, but not supervision, from an individual
other than the regular supervisor (i.e., Deputy EEO Officer);

\(c\) The assignment does not constitute a grade controlling duty or
responsibility; and

\(d\) The assignment is not a primary duty of the position.

G. [Functions - roles and responsibilities]{.underline}.

\(1\) [General]{.underline}. The SEP is a management program. The
primary responsibility for its success, therefore, rests with top
management. The SEPM is a member of top management's team and the SEPM's
responsibility is to provide plans and solutions which managers and
supervisors may implement to promote equal opportunity for minorities,
women, and persons with disabilities in Rural Development.

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RD Instruction 2045-X

Exhibit A

Page 4

\(2\) [National SEPMs]{.underline}. It is the role of the National SEPM
to serve as the principle advisor to key Agency officials on the special
concerns of minorities, women, persons with disabilities, employees, and
applicants; and to assure that minorities, women, and persons with
disabilities participate equally in Agency programs. Specifically, the
National SEPMs:

\(a\) Develop the policies and procedures for the Mission Area's SEPs.

\(b\) Provide leadership continuity for field SEPMs and the collateral
duty SEPMs serving the National Office in carrying out the mission of
the SEP, and serves as the Mission Area's representative in consultation
with organizations and groups concerned with the improvement of
employment opportunities and advancement for minorities, women, and
persons with disabilities.

\(c\) Plan, coordinate, and sponsor a training program designed to
sensitize managers and supervisors in regard to their responsibilities
concerning equal opportunity for minorities, women, and persons with
disabilities.

\(d\) Plan and conduct studies of major problem areas, providing
statistical profiles for effective use in evaluating program planning,
goals, and managing resources in the area of merit promotion, training,
career development, recruitment, and other areas that affect the
enhancement of employment and career progress for minorities, women, and
persons with disabilities.

\(3\) [Field SEPMs]{.underline}. SEPMs (collateral-duty) at the field
level carry out the Agency's SEPM in the States and St. Louis, Missouri.

\(a\) The duties of the field SEPMs are to advise the Deputy EEO
Officer, on matters affecting the employment and advancement of
minorities, women, and persons with disabilities; maintain contact with
applicants; attend job fairs and other functions at local high schools,
colleges and universities to obtain names of applicants; send
recruitment literature to schools and community groups; sponsor
workshops, speakers' information booths at conferences, career days,
other training programs, etc.; develop statistics, assess progress, and
keep the National SEPM informed of field activities affecting
minorities, women, and persons with disabilities and problem areas;
advise employees; and disseminate to field employees information
received from the National SEPM.

RD Instruction 2045-X

Exhibit A

Page 5

\(b\) Field SEPMs spend approximately 10 percent of their time on the
SEP and serve on appropriate EEO committees. To clarify the SEPM's
duties, position descriptions should reflect collateral duties and time
required to perform these duties. A copy of the Memorandum of
Understanding between field SEPMs, supervisors, and the Deputy EEO
Officer, should be signed and made a part of the SEPMs Official
Personnel File. (See Attachment 1 of this exhibit.)

\(c\) Field SEPMs must be able to function in their responsible roles.
It is inadvisable to assign SEPM responsibilities to some administrative
employees due to the potential for conflict of interest. Positions which
may pose a conflict of interest include Administrative Officer,
Secretary to the State Director, Personnel Management Specialist,
Personnel Assistant, and Personnel Clerk.

H.  [Documentation of duties]{.underline}.

An amendment will be made to the SEPM's Official Position Description
identifying the Director, CRS, or the Deputy EEO Officer as the person
responsible for guidance and review and evaluation of the SEPM's
performance of duties. Only the Director, or EEO Officer will sanction
activities and agreed-upon goals and objectives of the SEP. The
following language may be used as a guide in describing the duties and
responsibilities of the collateral assignment of the SEPM:

Serves as SEPM at the request of the Deputy EEO Officer. Advises the
Deputy EEO Officer, on matters affecting the employment and advancement
of minorities, women, and persons with disabilities; maintains contact
with community organizations for possible referrals of underrepresented
groups; attends job fairs or other functions at local high schools,
colleges and universities to obtain names of applicants; attends
training conferences and conventions; sends recruitment literature to
schools and community groups; sponsors workshop, speaker's information
booths, and other training programs; keeps the Agency's National SEPM
informed of problem areas; counsels employees upon request (but does not
act as EEO Counselor); and disseminates to local employees information
received from the Mission Area's National SEPM.

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RD Instruction 2045-X

Exhibit A

Page 6

I.  [Support services]{.underline}.

Field SEPMs will be free from restraint, coercion, discrimination and
reprisal, and will be given:

\(1\) Full managerial and supervisory support for execution of the SEP;

\(2\) Sufficient time to promote the SEP and accomplish its goals and
objectives;

\(3\) Full support and interest of management in terms of cooperation,
statistical information, facilities, resources and time;

\(4\) Clerical support when needed and access to personnel files when
appropriate.

Attachment 1 - Memorandum of Understanding

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RD Instruction 2045-X

Exhibit A

Attachment 1

## MEMORANDUM OF UNDERSTANDING

The purpose of this Memorandum of Understanding (MOU) is to ensure that
no misunderstanding exists between the employee, employee's supervisor,
and the Deputy EEO Officer, hereinafter referred to as the Director,
while performing additional duties.

It is understood and agreed that these collateral duties may require up
to 10 percent of the employee's official time in the performance
thereof.

It is further understood that the employee's immediate supervisor will
remain the same except when the employee is performing these collateral
duties. All guidance, reviews, and performance evaluations in the area
of EEO assignments will be provided directly by the Director on matters
relating to successes and failures to assure accomplishment of EEO
goals.

It is further understood that while performing these collateral duties
the employee will notify the immediate supervisor before leaving primary
assigned duties and will keep the supervisor informed of whereabouts and
estimated time of return to primary duties.

It is further understood that all necessary absences away from the
primary work location will be scheduled, whenever possible, in advance
through the immediate supervisor, and other necessary administrative
approval will be obtained as appropriate.

It is further understood that in case of any disagreement whatsoever
between the employee and immediate supervisor as to the priority to
these collateral duties, the Director will resolve these differences to
ensure a normal harmonious work relationship.

Acknowledgment and understanding of this memorandum is attested to by
the parties whose signatures appear below:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NAME (EMPLOYEE) (DATE)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

SUPERVISOR (DATE)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DEPUTY EEO OFFICER (DATE)

## oOo

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RD Instruction 2045-X

Exhibit B

Page 1

Equal Employment Opportunity Complaints of Discrimination

A.  [Purpose and Scope]{.underline}.

The purpose of this Exhibit is to set forth policy and procedure for
processing Equal Employment Opportunity (EEO) complaints of
discrimination arising in Rural Development; to provide information to
all employees regarding the EEO complaint procedure; and to define
employees' rights therein.

B. [Legal authority]{.underline}.

\(1\) [Executive Order 1478, August 1969]{.underline}. Requires Federal
Agencies to provide systems for consideration of complaints of
discrimination, including access to counseling for employees who feel
aggrieved, and to encourage the resolution of employee problems on an
informal basis.

\(2\) [Public Law 92-261, March 1972]{.underline}. Federal employees and
Agencies were placed under the EEO provisions of the Civil Rights Act of
1964 with regard to processing formal complaints of discrimination,
affirmative action, upward mobility, and EEO program evaluation and
training. The law requires that all personnel actions affecting
employees or applicants shall be free from discrimination because of
race, color, religion, sex, or national origin. The law specifically
gives employees or applicants who have filed a formal complaint of
discrimination the right to file a civil action in an appropriate
Federal District Court, in which the Secretary of Agriculture will be
the defendant.

\(3\) [Title 29 of the Code of Federal Regulations, Part
1614]{.underline}. Section 1614.212 requires Federal Agencies to provide
in their regulations for the acceptance of a complaint from any
aggrieved employee or applicant for employment who believes that he or
she has been discriminated against because of race, color, religion,
sex, or national origin.

\(4\) [Public Law 93-259, April 1974]{.underline}. Requires Federal
Agencies to provide for the acceptance and processing of complaints of
discrimination on account of age.

\(5\) [Rehabilitation Act of 1973, Section 501]{.underline}. Calls for
Government-wide affirmative action program plans for the hiring,
placement, and advancement of people with disabilities. The right to
file a complaint of discrimination based on physical or mental
disability is set forth in Title 29 of the Code of Federal Regulations,
Part 1614. Section 1614.709 requires an Agency to provide in its
regulations for the acceptance of a complaint from any aggrieved
employee or applicant for employment who believes that he/she has been
discriminated against because of a disability.

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RD Instruction 2045-X

Exhibit B

Page 2

\(6\) [Fair Labor Standards Act of 1938, as amended (Equal Pay Act of
1963 (EPA)]{.underline}. Prohibits sex-based wage discrimination.
(Section 1614.202 provides that complaints alleging violations of the
EPA shall be processed under this part.)

C. [EEO policy]{.underline}.

\(1\) It is the policy of the United States Department of Agriculture
(USDA) to prohibit discrimination and to ensure equal opportunity for
all employees and applicants without regard to race, color, religion,
sex, national origin, age, or disability. In furtherance of this policy,
it is the responsibility of the Agency to assure that all employees and
applicants are accorded the right to have their allegations of
discrimination against the Agency considered under established
discrimination complaint processing regulations for the purpose of
achieving informal resolutions or a formal disposition.

\(2\) [Freedom from reprisal]{.underline}. Complainants, their
representatives, and witnesses shall be free from restraint,
interference, coercion, discrimination, or reprisal at any stage in the
presentation and processing of a complaint, including the counseling
stage, or any time thereafter. Agency employees who are EEO officials,
or other officials who have responsibility for processing complaints of
discrimination shall be free from restraint, interference, coercion, or
reprisal because of involvement in the presentation and/or processing of
a complaint may file a complaint of discrimination. EEO counseling on
such allegations of discrimination must precede the filing of a formal
complaint.

D. [Procedures for processing complaints of discrimination based on
race, color, religion, sex, national origin, age, and
disability]{.underline}.

\(1\) An aggrieved employee or applicant who believes that he/she has
been discriminated against must contact an EEO Counselor within 45
calendar days of the alleged discriminatory action. Rural Development
Counselors may be reached by calling the Rural Development Civil Rights
Staff at (202) 692-0090, or (800) 787-8821, or TDD (202) 692-0107. The
EEO Counselor has 30 calendar days to informally resolve the matter.

RD Instruction 2045-X

Exhibit B

Page 3

\(2\) If, after 30 calendar days, the EEO Counselor is unable to resolve
the matter informally, a formal complaint of discrimination may be filed
within 15 calendar days to the USDA Office of Civil Rights after receipt
of the "Notice of Right to File" letter from the EEO Counselor to the
potential complainant. The complaint must state the basis of the alleged
discrimination (race, sex, etc.,) and the complaint must be in writing,
signed, and dated. In order to be properly filed, formal complaints of
discrimination must be addressed and mailed to the following office:

Chief, Employment Complaints Division

Office of Civil Rights

U.S. Department of Agriculture

1400 Independence Avenue, SW

Stop 9440

Washington, D.C. 20250

\(3\) A formal complaint must include: the complainant's name, address,
and telephone numbers; the name, address, and telephone number of any
representative; a specific description, including the dates of the
decision involved in any individual or class complaint; the Agency that
made the decision or applied the policy; the basis on which
discrimination is alleged; and the name of the EEO Counselor contacted.

\(4\) The Chief, Employment Complaints Division, or a designee, shall
accept complaints that are timely submitted and covered by this
regulation. The complainant will be notified of the acceptance and all
administrative and legal rights to which they are entitled. The Agency
will be furnished a copy of the letter within 21 days of filing of the
complaint. If the initial material submitted as a complaint is not
complete, the EEO Complaints Management Division will notify the
complainant of the missing material and allow 5 days for its submission.

\(5\) A complaint that is not properly filed may be dismissed by the
Employment Complaints Division for one of the following reasons:

\(a\) The issue(s) was untimely brought to the attention of an EEO
Counselor, or untimely submitted formally within the prescribed time
limits unless the time limits are extended;

\(b\) The action, decision, or the basis alleged does not fall within
the purview of the Department or the scope of this regulation;

\(c\) The action or decision involved in the complaint is mooted by
actions of the Agency and there is no further potential relief available
through the complaint process;

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RD Instruction 2045-X

Exhibit B

Page 4

\(d\) It sets forth an issue identifiable to a complaint that is pending
or that has already been decided; as a complaint with the Department, or
under a negotiated grievance procedure that covers discrimination
allegations; or an appeal to the Merit Systems Protection Board (MSPB);
or as a civil action in a Federal Court;

\(e\) The issue concerns the processing of a previously filed complaint;

\(f\) The issue deals with an action proposed that is nonspecific to the
complainant;

\(g\) The complainant fails to prosecute the complaint after being
provided 15 days notice of the requirement to proceed and the potential
dismissal; and

\(h\) The complainant does not accept a certified offer of full-relief.
The USDA, Assistant Secretary for Administration, has designated the
Director, Employment Complaints Division, to certify offers of
full-relief to complainants. The Employment Complaints Division will
inform the complainant that the offer is full-relief and the complaint
will be dismissed if the offer is not accepted.

\(6\) The complainant retains the right to appeal such dismissals and if
the complainant prevails on the appeal, the complaint will be remanded
to the Agency for processing.

\(7\) The Department shall acknowledge receipt of a complaint in writing
and inform the complainant of the date on which the complaint was filed.

\(8\) A complainant may amend a formal complaint, either before or after
acceptance, to add additional factors or bases. The complainant may
request to add additional issues to complaints, but only if each
additional issue has been presented properly to an EEO Counselor.

\(9\) Upon receipt of the initial investigation, Rural Development will
designate an official to attempt to reach an informal settlement of the
complaint with the complainant. All parties are encouraged to informally
resolve issues and problems of complaints. A complaint may be held at
any stage by the Department at the request of Rural Development if
substantial efforts will be immediately made to resolve the case.

\(10\) Within 180 days from the filing of the complaint, the Department
must complete its investigation.

RD Instruction 2045-X

Exhibit B

Page 5

\(11\) After 180 days has elapsed from the filing of the complaint, the
complainant may request a hearing before an Equal Employment Opportunity
Commission (EEOC) Administrative Law Judge.

\(12\) After the Department completes its investigation, the USDA shall
notify the complainant that he/she has the right to request (within 30
days) a hearing by an EEOC Administrative Judge or alternatively, an
immediate final decision by USDA.

\(13\) Within 180 days from the date of filing an individual or class
complaint, a complainant may file a civil action in an appropriate
Federal District Court.

\(14\) After 180 days from the date of filing an individual or class
complaint, a complainant may file a civil action in an appropriate
Federal District Court if an appeal has not been filed and a final
decision has not been issued.

\(15\) After 180 days from the date of filing an appeal with the EEOC,
if there has been no final decision by the EEOC, a complainant may file
a civil action in an appropriate Federal District Court.

\(16\) If the complainant requests a final decision, or if the 30-day
period lapses without the individual requesting a hearing, the Agency
will have 60 days to issue the final decision. The final decision shall
consist of findings by the Agency on the merits of each issue in the
complaint, appropriate relief of discrimination found, and notice of the
complainant's appellate rights and time limits.

\(17\) If the complainant requests a hearing, an Administrative Judge
shall oversee discovery, conduct a hearing, issue findings of fact and
conclusions of law, and where a finding of discrimination is made, order
an appropriate remedy.

\(18\) The Administrative Judge's findings, conclusions, and relief
ordered becomes the final USDA decision if the USDA does not issue a
final order within 40 days of receipt of the Administrative Judge's
decision.

\(19\) After the final decision, the complainant may appeal to the EEOC
by filing an appeal within 30 days directly to the Office of Field
Operations in EEOC.

(07-25-01) PN 334

RD Instruction 2045-X

Exhibit B

Page 6

NOTE:

a\. Discrimination complaints based on age will be accepted and
processed under these procedures only if the complainant was at least 40
years of age at the time the discriminatory action is alleged to have
occurred. If the complainant is dissatisfied with the final decision, as
an alternative to filing a complaint under the individual discrimination
complaint processing procedures outlined above, an aggrieved individual
may file a civil action in a Federal District Court under the Age
Discrimination in Employment Act (ADEA) against the head of the Agency
after giving the EEOC not less than 30 days notice in writing with EEOC,
Federal Sector Programs, 1801 L Street, NW, Washington, DC 20507, within
180 days of the occurrence of the alleged unlawful practice.

b\. Complainants alleging violations of the Equal Pay Act (sex-based
wage discrimination) shall be accepted and processed under individual
discrimination complaints process procedures.

## oOo 

RD Instruction 2045-X

Exhibit C

Page 1

Equal Employment Opportunity Advisory Committee

A.  [Purpose and scope]{.underline}.

The purpose of this Exhibit is to set forth guidance and procedure for
Equal Employment Opportunity Advisory Committees (EEOAC) to provide
guidance to managers and employees interested in the function of an
EEOAC; and to set forth procedures for an EEOAC in the National Office
and in the States.

B. [Composition of the committee]{.underline}.

\(1\) The Committee membership shall be diverse and composed of
appointed members. Appointees in the National Office shall be selected
by the Under Secretary for Rural Development. Appointees in St. Louis
shall be selected by Senior Officials in St. Louis; and appointees in
State Offices shall be selected by the State Director.

\(2\) Employees who have full-time or collateral duty EEO
responsibilities are ex officio members of the EEOAC and, therefore, may
neither vote or serve as a Committee official. Ex officio members are,
however, expected to attend all meetings. Immediate past chairpersons
may serve an additional period of 1 year as ex-officio members to assist
in providing continuity and consultation to the committee.

\(3\) The Deputy Director, CRS, and Senior Managers may serve as
technical advisors to the Committee. Employees in personnel and/or
administrative positions may also serve as technical advisors to the
Committee at the discretion of the Chairperson.

C. [Responsibilities of the EEOAC]{.underline}

The Committee advises and assists in carrying out the objectives of
Rural Development's Equal Employment Opportunity (EEO) program. The
EEOAC does not receive, investigate, or in any way adjudicate individual
or class complaints of discrimination. The Committee does not become
involved in effecting changes in matters which affect working conditions
when a labor organization has been recognized or certified under the
Federal Service Labor-Management Relations Statute. Jurisdiction of the
State and St. Louis committee are the State and St. Louis only.
Jurisdiction of the National Office committee is the National Office
only.

(07-25-01) PN 334

RD Instruction 2045-X

Exhibit C

Page 2

D. [Role of the EEOAC]{.underline}.

\(1\) Review recruitment practices and make recommendations for
improving resources used to reach minorities, women, and persons with
disabilities for career positions, temporary summer employment, or
special appointments.

\(2\) Suggest strategies to management to assist underutilized groups in
attaining education and training that will enhance their advancement.

\(3\) Review criteria for awards and make recommendations to assure
fairness in the incentive awards program.

\(4\) Review general causes for complaints of discrimination and assist
in identifying problem areas.

\(5\) Monitor the affirmative employment aspects of the EEO program.

\(6\) Review and recommend improvements in employment programs including
Career Enhancement, Cooperative Education Agreements, and the Worker
Trainee Program.

E. [Eligibility for membership]{.underline}.

\(1\) Any permanent, full-time employee may serve on an EEOAC.

\(2\) Nominees should have demonstrated:

\(a\) Ability to accept responsibility;

\(b\) Concern for and dedication to the general welfare of all
employees; and

\(c\) Ability to recognize potential EEO problems and to recommend
specific solutions.

F. [Committee structure]{.underline}.

The Agency's objective is to have EEOACs composed of all groups
(minorities, women, and persons with disabilities), managers and
supervisors, all occupations and grade levels \-- with both management
and employee input into the membership.

RD Instruction 2045-X

Exhibit C

Page 3

G. [Nomination procedure]{.underline}.

\(1\) [National Office EEOAC]{.underline}. A memorandum to all employees
prepared by the Director, CRS, will announce the date, location, and
time for making nominations. The memorandum will include the criteria
for eligibility and length of service. Nominations will be open for a
period of 14 days. The Under Secretary for Rural Development will make
the final designation.

\(2\) [Field EEOACs]{.underline}. A memorandum prepared by the Deputy
EEO Officer will announce the date, location, ant time for making
nominations. This memorandum will include the criteria for eligibility
and length of service. Nominations will be open for a maximum of 14
days. The State Director and Senior Officials in St. Louis will make the
final designation.

H. [Authorization]{.underline}.

Notification to employees of their appointment or election to the
National Office Committee will be in writing and signed by the Director,
Civil Rights Staff, notification to field Committee members will be in
writing and signed by the Deputy EEO Officer. The notification will
contain a brief description of the purpose of the Committee and provide
an indication of the time required for Committee work.

I. [Terms of Service]{.underline}.

The term of office for all Committee members, including alternates on
field committees, will be two years. The terms of service will be
arranged so that one-half of the membership expires each year. An
employee designated to complete the term of a member or alternate will
be appointed for the remainder of the unexpired term.

J. [Meetings]{.underline}.

The EEOAC will meet as appropriate. All Committee members shall receive
reimbursement for travel expenses and official time to attend meetings.
The exact time and place shall be arranged by the Committee Chairperson.

(07-25-01) PN 334

RD Instruction 2045-X

Exhibit C

Page 4

K. [Guidelines for committees]{.underline}.

\(1\) In order to be effective, the Committee should have the approval
and the support of the highest levels of the organization. The
Chairperson and composition of the group will, to a great extent,
determine how the group will function and the direction it will take.
Once the Committee is established, the members should jointly establish
the Committee By-Laws, Charter, Constitution, or any other guideline(s)
deem appropriate. The committee's By-laws must include guidelines for
requiring attendance at meetings and the disposition of an employee's
membership, if failure to attend meetings becomes an issue.

\(2\) The manner in which meetings will be conducted determines the
effectiveness of the group's behavior, both in terms of individual
members carrying out assignments, and in projects which require
substantial cooperation and interaction.

\(3\) An agenda should be in existence before a meeting is called. In
developing the agenda for the meeting, the Chairperson confers all items
suggested for discussion.

\(4\) Annually, the committee should make recommendations to top
management via a memorandum. When the committee makes its report to top
management, then a majority of the committee should be in agreement with
the report. The committee's recommendations should be supported by some
tangible evidence, e.g., data and other documentation.

\(5\) Minutes of the meetings should be publicized to all employees in
the State, St. Louis, and the National Office.

L.  [Guidelines for managers]{.underline}.

Supervisors and managers should carefully identify the qualities which
are sought in Committee members. It is recommended that members be
representative of the workforce; have credibility with both management
and employees; have the time and ability to devote to the program; and
be committed to the goals of the EEOAC.

RD Instruction 2045-X

Exhibit C

Page 5

M. [Guidelines for chairpersons]{.underline}.

\(1\) The key to effective chairpersons is organization. Hence, an
agenda for each meeting is essential. Not only does an agenda keep the
chairperson on course, it also serves to minimize the incidental
discussions and conserve the committee's valuable time for more germane
issues.

\(2\) Further, it is important to have a permanent record of the
proceedings. That requires someone be designated to record the minutes.

\(3\) The distribution of an attendance roster is essential in
establishing a permanent record of the meeting.

N. [Management support]{.underline}.

\(1\) An EEOAC can be a valuable source of information of what is going
on in the Mission Area. If the Committee is representative of the
agencies within the Mission Area and also the races, grade levels,
occupations, etc., of the workforce, the Committee can help management
to stay in touch with the needs of employees throughout the Mission
Area.

\(2\) When a Committee-approved or Committee-developed proposal is made
to management, it is not one person, but many who stand behind it. This
provides support for management's position and actions and also assures
that the Committee's actions are public knowledge and not something that
happens behind closed doors.

\(3\) EEOAC can benefit those who serve on them. Committee membership
can be a valuable developmental experience for employees whose jobs do
not normally require interaction with management or require program
planning, data analysis, leadership, or training skills. Many employees
find that Committee participation brings out talents and abilities which
were unrecognized or undeveloped in their day-to-day duties.

O. [Management requirements]{.underline}.

\(1\) Establish an EEOAC and assure that it is an integral part of Rural
Development's overall EEO program.

\(2\) Arrange for space and official time for EEOAC meetings.

\(3\) Support EEOAC meetings and interaction with Senior Management
Officials.

(07-25-01) PN 334

RD Instruction 2045-X

Exhibit C

Page 6

P.  [Reporting requirements]{.underline}.

A copy of the minutes for each meeting for all RD EEOAC's will be
forwarded to the Director, CRS, in the National Office.

## oOo