# Presentation: 719517

## New Employee Orientation

- Farm Service Agency
- Office of Civil Rights

** ****OFFICE OF CIVIL RIGHTS**
***"Utilizing a Tapestry of Diversity Today ***
***to Provide Leadership for a Better Tomorrow"***

## Responsibilities

- Provide overall leadership and direction in the development and implementation of civil rights policies, programs and procedures.
- Scope of responsibilities extend from FSA Headquarters to Field Operations.

## Organizational Structure

## FSA OCR Director’s Staff

- Johnny R. Toles, Jr. – Acting Director
- Carmen D. Martinez – Deputy Director
- David J. Adams, Special Assistant
- Chris Sikes, Management Analyst
- Cleatus Robinson, Management Analyst
- Susan Radford, Secretary

## Equal Employment Opportunity Branch

- Deborah Eyer, Chief
- Holiday Jones, EEO Specialist
- Catherine Thompson, EEO Specialist
- Sean Clayton, EEO Specialist
- John Davis, EEO Specialist
- Lisa Fyall, EEO Specialist
- Rebecca Vallerin, EEO Assistant

## Special Emphasis Programs

- Black Employment Program
- Disabilities Employment Program
- American Indian/Alaskan Native Employment Program
- Hispanic Employment Program
- Asian American/Pacific Islander Employment Program
- Women's Employment Program

- Six Programs required by Executive Order or Departmental Regulation

## Who is responsible for implementing these programs?

- Six Nation-Wide Program Managers in WDC –
- Full-Time Positions
- Provide Guidance, Information, Support to Field Offices
- Provide Support to WDC personnel
- 50 State Special Emphasis Program Managers
- Majority – Collateral Duty
- Report to State SED
- Responsible for all six programs in their state

## What is the purpose of Special Emphasis Programs?

- Provide Cultural Awareness and Training
- Promote Equal Employment Opportunities for members of targeted groups
- Identify Problem Areas within targeted groups and develop recommendations for solutions
- Reduce Employee Complaints caused by misperceptions, bias, prejudice through education and exposure
- Identify Recruitment Strategies for Under-representation

## Who do you Contact if you have Questions about Special Emphasis Programs?

- Your State Special Emphasis Program Manager
- Washington, DC EEO Branch Staff
- 202-401-7211

## Affirmative Employment Plan (AEP)

- Required by the Equal Employment Opportunity Commission
- Agency’s annual plan for addressing barriers to equal employment opportunities for minorities and women
- Plan submitted to USDA on a yearly basis

## Kansas City Equal Employment Opportunity & Civil Rights Office

## Kansas City EEO and Civil Rights Staff

- Edith Stovall, Staff Officer
- Teresa Jones, EO Specialist
- Janet Head, EEO Specialist
- Marsha Young, EEO Specialist
- Donna Stone, EEO Specialist
- Danielle Nigro, EO Assistant

## KANSAS CITY EEO AND CIVIL RIGHTS STAFF

- Manages Equal Employment
- Opportunity (EEO), and Civil Rights
- (CR) program reporting and the AEP
- for all Field and State Offices.
- Advises management officials
- concerning the development of plans
- and policies.

## KANSAS CITY EEO AND CIVIL RIGHTS STAFF

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

## KANSAS CITY EEO AND CIVIL RIGHTS STAFF

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

## KANSAS CITY EEO AND CIVIL RIGHTS STAFF

- Provides numerous profiles and
- reports for the State Management Evaluations conducted by the Alabama Office.
- Participates as Reviewers on State Management Evaluation teams.

## Equal Employment Opportunity (EEO) Counseling and Mediation Branch Mission

- To resolve EEO Complaints

## How do we achieve our mission

- Traditional EEO Counseling
- Mediation
- Facilitation

## Employees Have The Right To:

- A working environment that is free of discrimination
- File an EEO complaint
- Anonymity in the informal EEO complaint process

## What is an EEO Complaint?

- An EEO Complaint is a claim that an *Agency*
- acted or failed to act against an employee,
- former employee or applicant that, adversely
- affects privileges, benefits, working conditions,
- or results in disparate treatment or has an
- adverse impact on employees or applicants,
- and is based in whole or in part on person’s
- protected class which includes the following:

## What is an EEO Complaint?(Continued)

- race, color, religion, sex, national origin, age (40 & over), disability (mental/physical), and reprisal, and is not permitted under the law;
- political affiliation/beliefs, sexual orientation, marital status, status as a parent or genetic information, and is not permitted under USDA regulations.

## What is an EEO Complaint?(Continued)

**Contacting an EEO Counselor is the**
_*mandatory*_ **first step in filing an EEO**
**Complaint.  **
- *  However, persons claiming discrimination involving *Age *and/or *Equal Pay Act *violations may bypass this process and proceed to *District Court.*

## What is Discrimination?

- Discrimination is defined in Civil Rights Law
- as unfavorable or unfair treatment of a person
- or class of people in comparison to others who
- are not members of the ***same protected class*****.**

## How Do I File An EEO Complaint

- To file an EEO complaint, the individual must
- contact an EEO Counselor within 45 calendar
- days of the alleged discriminatory event.

## FSA Counseling Servicing Areas

**Lydia Jones****  **

**Greg Ferby**** **

**Claude McKenzie**** **

**Wanda Wilson**** **

**Mike Sherman**** **

**Gloria Scurry**** **

**Rene Rodriguez**** **

## FSA EEO Counselors

- Claude McKenzie			Gloria Scurry
- 706-546-2303				720-544-2900
- Gregory Ferby				Rene Rodriguez
- 315-477-6310				530-792-5544
- Wanda Wilson				Lydia Jones
- 859-224-7665				202-401-7167
- Michael Sherman
- 816-926-3487

## Washington, DC Staff

- Debbie Lombardino, Branch Chief,                 202-401-7154

- Lydia Jones, EEO Counselor, 202-401-7167

- Joanne Scott,

- Rolina Johnson,

- Equal Opportunity Assistant,       202-720-8826

- EE Specialist, 202-401-7177

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

- Fax Number 202-401-7103

## EEO Counseling and Mediation Branch Services

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

## Equal Employment Opportunity and Civil Rights

- Laws prohibiting
- Employment and Program discrimination

## The Federal laws prohibiting employment discrimination are: 

- Title VII of the Civil Rights Act of 1964(Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
- the **Equal Pay Act of 1963  (EPA**), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

## The Federal laws prohibiting employment discrimination are:

- The **Age Discrimination in Employment Act of 1967** (ADEA), which protects individuals who are 40 years of age or older;
**Title I and Title V of the Americans with Disabilities Act of 1990 **(ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
- the **Civil Rights Act of 1991**, which, among other things, provides monetary damages in cases of intentional employment discrimination.

## The Federal laws prohibiting employment discrimination are:

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

## Civil Rights

- A civil right is an enforceable right or privilege, which if
- interfered with by another gives rise to an action for
- injury. Examples of civil rights are freedom of speech,
- press, assembly, the right to vote, freedom from
- involuntary servitude, and the right to equality in public
- places.

## Civil Rights Laws

- Statutes have been enacted to prevent
- discrimination based on a person’s race, sex,
- religion, age, previous condition of servitude,
- physical limitation, national origin and in some
- instances sexual preference.

## Civil Rights Laws

**Title VI of the Civil Rights Act of 1964** prohibits discrimination in any program or activity receiving Federal financial assistance, based on race, color, national origin.
**Section 504, Rehabilitation Act of 1973** prohibits discrimination against an otherwise qualified disabled individual solely by reason of disability in employment, program or activity receiving Federal financial assistance, federally conducted and assisted program or activity.
**Equal Credit Opportunity Act of 1974 (ECOA) and Title VII of the Consumer Protection Act of 1974** prohibits discrimination against an applicant about an aspect of a credit transaction.
- The **Age Discrimination Act of 1975** prohibits discrimination based on age in the delivery of programs and services.

## Federally Conducted Program Complaint Process

- Complaint must be
- filed within 180
- calendar days

- Complaint submitted to
- USDA Office of CR

- USDA OCR directs FSA
- to conduct an FFI and
- provide an Agency
- Position Statement (APS)

- Complaints are processed
- within 180 days of
- acceptance

- FSA has24 days to conduct
- a Fact Finding Inquiry
- and prepare an APS

- FSA will submit to OCR
- an APS to be included in
- final complaint processing

## Program Compliance and Analysis Branch

- Christopher Sikes, Acting Chief
- Jeffrey Hayden, EO Assistant
- Tracey Durr, Program Complaints Specialist
- Doretha Frierson, EO Specialist
- Carl Holmes, Program Complaints Specialist
- Millie West-Wiggins, EO Specialist
- Philip Newby, Program Complaints Specialist

## Program Complaints Inquiry Branch(PCIB)

## PCIB StaffMontgomery, AL

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

## PCIB StaffMontgomery, AL(Continued)

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

## PCIB Functions

- Conduct Fact-Finding Inquires on Program Discrimination Cases
- Conduct Special Inquiries, Misconduct Inquiries, and OIG Hotline Complaints
- Conduct EEO and CR State Management Reviews

## Fact-Finding Inquiries (FFIs)

- FSA is given 24 days to provide an Agency response to USDA/Office of Civil Rights on allegations of program discrimination complaints.
- PCIB has 14 days to conduct a FFI.

## FFI Process

- The PCS:

- Prepares the Investigative Plan

- Contacts the State Executive Director and other applicable personnel

## FFI Process, continued

- Takes statements from FSA personnel

- Obtains and analyzes data

## FFI Process, continued

- Prepares the Report

- All USDA employees are required to cooperate in any investigation.  You are subject to disciplinary action, up to and including removal, if you refuse to answer or fail to respond truthfully and fully to any of the questions, or fail to provide other requested information to the PCS.  Your right to invoke the protection of the Fifth Amendment to the Constitution applies only with respect to self-incrimination in a criminal investigation.
-      - Departmental Bulletin 735-1

## State Management Reviews (SMR)

- PURPOSE
- To monitor and evaluate FSA programs to
- ensure they are administered in a
- non-discriminatory manner.

## SMR, continued

- The Administrator’s Performance Review
- Plan and FSA’s Strategic Plan require
- that FSA/OCR complete at least 10 EEO
- and CR State Management Reviews each
- year.

## SMR Process

- States & Team Selections
- Notification
- Data Analysis
- Service Center Selections
- Notification

- Interview Employees
- Review Accessibility
- Review Public Information
- Review Files

- SMR Report to State
- Corrective Action Plan to FSA/OCR
- Implementation Reports
- Closure

- On-Site Review

- Post-Review

- Pre-Review

## Administrator’s Policy Statements

- Civil Rights Policy Statement
- _[http://www.fsa.usda.gov/pas/civil/civil_rights.htm](http://www.fsa.usda.gov/pas/civil/civil_rights.htm)_
- Equal Employment Opportunity Statement
- http://www.fsa.usda.gov/civil/statements/eeo_policy.htm

## Administrator’s Policy Statements, continued

- Reprisal and Retaliation Statement
- _[http://www.fsa.usda.gov/civil/statements/reprisal_policy.htm](http://www.fsa.usda.gov/civil/statements/reprisal_policy.htm)_
- Sexual Harassment Statement
- http://www.fsa.usda.gov/civil/statements/Harassment_policy.htm

## USDA Policy Statement

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

## FSA/OCR Contacts

- Office of the Director – (202) 401-7220
- EEOB – (202) 401-7206
- CPAB – (202) 720-9413
- CMB – (202) 401-7154
- KC-EEO/CR – (816) 926-6701
- PCIB – (334) 279-3601