RD Instruction 2045-Z

PART 2045 - GENERAL

SUBPART Z - ACTION PLANS FOR PROGRESS IN EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Table of Contents

Sec.		Page

2045.1251   General	1

2045.1252   Purpose	1

2045.1253   Designations of Responsibility	1

2045.1254   Definitions	3

2045.1255   Availability of Regulations	6

2045.1256 - 2045.1300  [Reserved]

Exhibit A - Affirmative Employment Program Plans

Exhibit B - Annual Affirmative Employment Program Plan
            Accomplishment Report and Update

Exhibit C - Federal Equal Opportunity Recruitment Program Plans

Exhibit D - Calculating Underrepresentation and Setting Numerical
            Objectives RD Instruction 2045-Z

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RD Instruction 2045-Z

SUBPART Z - ACTION PLANS FOR PROGRESS IN EQUAL EMPLOYMENT OPPORTUNITY (EEO)

 2045.1251  General.

It is the policy of the Federal Government, including the United States 
Department of Agriculture (USDA) and Rural Development, to provide equal 
opportunity in employment  for all persons; to prohibit discrimination 
in employment because of race, color, religion, sex, national origin, 
age, or disability; and to promote Equal Employment Opportunity (EEO) 
through a positive continuing program.  

 2045.1252  Purpose.

This Instruction provides guidance for the development, implementation, 
and submission, of Multi-Year Affirmative Employment Program (AEP) 
Plans, Annual AEP Accomplishment Reports and Updates, and Federal Equal 
Opportunity Recruitment Program (FEORP) Plans as required by the U. S. 
Equal Employment Opportunity Commission (EEOC) and the USDA.  The plans 
and programs required under this Instruction are designated AEP and 
FEORP.

 2045.1253  EEO policy

It is the policy of the United States Department of Agriculture to 
prohibit discrimination and to ensure equal employment 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 the 
manifest imbalance and conspicuous absence of minorities and women in 
the agencys work force are addressed through an effective and ongoing 
program of affirmative employment and that minorities and women have the 
opportunity to achieve the best possible utilization of their skills.

 2045.1254  Designation of responsibility.

(a)  Director of EEO.  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 Section 
717 of Title VII of the Civil Rights Act of 1964, as amended.

DISTRIBUTION:  WSDC                                                 PERSONNEL
                                                                      GENERAL

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RD Instruction 2045-Z
 2045.1254  (Cont.) 

(b)  EEO Officer.  The Head of each Agency is designated as EEO Officer 
with the responsibility of effectively administering the EEO Program, 
which includes affirmative action, equal opportunity in recruitment, the 
Special Emphasis Programs (SEPs), and the Complaints of Discrimination 
Program.

(c)  Director, Civil Rights Staff (CRS).  The Director, CRS, is 
responsible for developing and implementing Rural Development policies 
and practices, administering activities under the EEO Program, and 
represents the Under Secretary on all aspects of the EEO Program by 
providing leadership and direct assistance to Rural Development 
officials.  Further, the Director, CRS, is charged with overseeing the 
planning and implementation of a positive program designed to assure 
equal opportunities in all organizations in Rural Development.  

(d)  Deputy EEO Officer.  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.

 2045.1255  Definitions.  

AEP Plan.  A formal written plan of management objectives designed to 
improve the participation of minorities and women in all categories of 
employment.  The Plan includes goals and timetables designed to improve 
the representation of women and minorities in specific occupations or 
grade levels.  It is an interim management tool for correcting 
imbalances in the work force which ensures equal employment opportunity 
within the parameters of merit principles.

Civil Labor Force (CLF).  All persons 16 years of age and over, except 
those in the armed forces, who are employed or who are unemployed and 
seeking work.  The source of the CLF data for the purpose of AEP and 
FEORP planning is the EEOC.

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RD Instruction 2045-Z

 2045.1255  (Cont.)

Conspicuous absence.  A situation in which the representation of EEO 
groups in a specific occupational category or grade level is nearly or 
totally nonexistent in the work force.

EEO group.  Those EEO groups classified as minority for the purpose of 
data collection by the Office of Personnel Management and the EEOC, 
i.e., Black, not of Hispanic origin; Hispanic; Asian or Pacific 
Islander; and American Indian or Alaskan Native.  The term women 
includes non-minority as well as minority.

FEORP.  A program for agencies to determine if minorities and women are 
underrepresented and/or under-utilized in the agency work force.  Where 
manifest imbalance and conspicuous absence exist, the implementation of 
a formal recruitment plan is required with specific objectives to ensure 
increased availability of women and minorities.

Fiscal Year.  Reporting period from October 1 of one year to 
September 30 of the following year.

Manifest imbalance.  A situation in which the representation of EEO 
groups in a specific occupational category or grade level in the work 
force is below its representation in the appropriate CLF.

Office.  An office is an operating unit of an agency which, because of 
its unique organizational structure, is treated as a separate entity for 
the purpose of determining manifest imbalance and conspicuous absence 
and for preparing AEP and FEORP Plans.  In the Rural Development, 
offices are the States, St. Louis, MO and National Office.

 2045.1256  Availability of regulations.

This Instruction and Exhibits A, B, C, and D are available for 
inspection in any Rural Development Office.  Copies of this Instruction 
and all Exhibits will be given to any employee or applicant for 
employment on request.

 2045.1257 - 2045.1300  [Reserved]

Attachments:  Exhibits A, B, C, and D

oOo

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RD Instruction 2045-Z
Exhibit A
Page 1

Affirmative Employment Program Plans

A.  Purpose and scope.  The purpose of this Exhibit is to define affirmative 
action planning in Rural Development and to provide guidelines and 
instructions to field managers (State Directors; Senior Officials in St. 
Louis; and other employees with supervisory and/or managerial 
responsibilities) with regard to affirmative action planning.

B.  Legal authority.  Requirements for Federal Agency AEPs were first 
established by Executive Order 11478 in 1969.  In the 1972 amendments of Title 
VII of the Civil Rights Act of 1964 (Section 717, 42 USC 2000-e 16), Congress 
required Agencies to maintain affirmative action programs to ensure 
enforcement of the Federal EEO policy.

C.  Rural Development.  It is the responsibility of each Rural Development 
(RD) Agency to assure that the manifest imbalance and conspicuous absence of 
minorities and women in each Agencys Work force are addressed through an 
effective and ongoing program of affirmative employment and that minorities 
and women have the opportunity to achieve the best possible utilization of 
their skills.  In addition, every effort will be made to give minorities and 
women the opportunity to avail themselves of any and all existing programs 
which lead to initial employment, advancement and the realization of their 
fullest potential in each Agency.

D.  Multi-Year AEP Plan.  These instructions are to be used by all Rural 
Development offices in the preparation of AEPs.   Requirements for preparation 
include:

(1)  Cover sheet.  Cover sheet should be signed by the Agency 
Administrator, or State Director.  

(2)  EEO Policy Statement.  Statement should be signed by the Agency 
Administrator, or State Director and include affirmation that:

(a)  EEO for all employees and applicants for employment, regardless 
of their race, religion, color, sex, national origin, age, or 
disability is an integral part of Agency policy.

(b)  EEO policy requires AEP efforts throughout the Agency to 
overcome past employment practices that have operated to restrict 
opportunities for employment.

(c)  EEO covers all employment practices including, but not limited 
to, recruitment, hiring, promotion, transfer, complaint resolution, 
reassignments, training, benefits, and separations.

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RD Instruction 2045-Z
Exhibit A
Page 2

(d)  Managers, supervisors, EEO Officers, State Administrative 
Officers, and personnel lists share responsibility for successful 
implementation of the AEP.  Performance appraisals of these 
employees should include an element based on meeting EEO objectives.

(3)  Delegations of authority.  This section of the plan identifies the 
responsibilities and authorities of AEP officials.

(4)  Organizational chart.  Chart should identify major subordinate 
organizations (State, Area, and Local Offices) reporting to the office 
developing the plan.

(5)  Certification of qualifications of EEO officials.  The 
certification should be signed by the Agency Administrator, or State 
Director.  

(6)  Plan for prevention of sexual harassment.  Plan should respond to 
the following questions:

(a)  Does the plan outline specific steps to apprise employees of 
their rights under Title VII?

(b)  Are there proposed guidelines on dissemination of information 
and timeframes for implementation?

(c)  Is an accountability system in place?

(d)  Are there any progressive initiatives outlined to accomplish 
program objectives?

(7)  Statement of adequate monitoring/evaluation system.  States should 
submit a narrative describing their monitoring and evaluation system.  
Internal monitoring and evaluation systems should include:

(a)  Information systems that will provide periodic status reports 
on work force profile and affirmative employment efforts.

(b)  Capability to monitor employment trends through review of 
personnel transaction and other historical data.

(c)  Integration of barrier analyses; elimination of impediments; 
innovative staffing techniques; and concomitant.

RD Instruction 2045-Z
Exhibit A
Page 3

(d)  Capability to integrate comprehensive management and personnel 
and budget planning with affirmative employment planning.

(e)  Capability to review proposed personnel actions which affect 
categories where objectives have been established.

(8)  Program analysis.  The analysis should include a complete 
assessment of how efforts are directed toward the eight major program 
elements which are listed in this paragraph.

(a)  Organization and resources

1.  Are the EEO program officials receiving adequate training 
in EEO, personnel administration, and management to effectively 
resolve problems and issues within their areas of 
responsibility?

2.  Are adequate management and fiscal controls established to 
monitor all resources allocated to the EEO program?

3.  Do special emphasis program managers devote sufficient time 
to accomplish program objectives?  Do these managers have 
adequate delegations of authority to promote programs and to 
accomplish program objectives?

4.  Are EEO officials providing technical advice to management 
officials and the Human Resources office?

5.  Have supervisory and management personnel attended formal 
training including coverage of their EEO responsibilities?

6.  Has the incentive awards system been used to recognize 
supervisory and managerial personnel for their understanding 
and support of, and accomplishments in EEO?

7.  Do performance evaluations of supervisory and managerial 
personnel include specific factors for evaluating their 
understanding and support of EEO as well as their achievement 
of EEO objectives?

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RD Instruction 2045-Z
Exhibit A
Page 4

(b)  Work force analysis

1.  Analysis of the work force by Professional Administrative, 
Technical, Clerical and Other (PATCO) category, major job 
series, and individual grade levels or grade distribution 
summary by race, sex, and national origin.

2.  Comparison of the work force with the previous years work 
force.

3.  Comparison of the work force with the Civilian Labor Force.  
See Exhibit D of this instruction for examples.

(c)  Discrimination complaints.  Does an analysis of the bases, 
issues, and findings of recent complaints suggest possible problem 
areas that may need to be explored?

(d)  Recruitment and hiring

1.  Do present recruitment sources yield qualified minority and 
female applicants who meet organizational needs?

2.  Have qualification requirements and procedures for hiring 
been examined to determine whether barriers to EEO exist?

3.  Do EEO officials provide technical assistance to the Human 
Resources office and monitor, as well as participate in, 
recruitment efforts?

4.  Is the selection process reviewed periodically to ensure 
equal treatment regardless of race, color, religion, sex, 
national origin, age, or disability?

5.  Does management make itself available to community, civic, 
and other groups interested in enhancing EEO?

6.  Does management utilize recruitment initiatives such as the 
Cooperative Education and/or Student Trainee Programs to find 
qualified minority and female job applicants?

RD Instruction 2045-Z
Exhibit A
Page 5

(e)  Employee development programs

1.  Are systems for tracking information on employee skills and 
training in operation?

2.  Have studies been conducted on time-in-grade to determine 
the reasons for any differentials which may exist by minority 
status and sex?

3.  Have studies been conducted to examine relative upward 
movement of employees to full performance, professional, 
supervisory, and highest grade levels?

4.  Is career counseling available to all employees?

5.  Are efforts being made to ensure that appropriate training 
opportunities are available to employees at all grade levels 
and in all occupational areas, without regard to minority 
status and sex?

(f)  Promotions

1.  Are internal selection and promotion qualification 
requirements and procedures valid and job-related, and include 
no unnecessary barriers to full utilization of skills and 
training?

2.  Are efforts being made to ensure that appropriate 
promotional opportunities are available to employees at all 
grade levels and in all occupational areas, regardless of 
minority status and sex?

(g)  Separations.  Are efforts made to ensure that separations are 
conducted fairly and in a nondiscriminatory manner?

(h)  Program evaluation

1.  Do EEO Advisory Committees (EEOAC) consult with management 
officials to ensure that each provides input to EEO program 
evaluation?

2.  Are findings from Management Control Reviews implemented?  

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RD Instruction 2045-Z
Exhibit A
Page 6

(9)  Problem and barrier identification.  For each program element, 
identify problems and barriers for each EEO group.

1.  Select problems and barriers within your control.

2.  Select problems and barriers that can be eliminated within a 
multi-year cycle.

3.  Select problems and barriers affecting PATCO categories and 
major occupations and identify specific actions to eliminate each 
problem and barrier.

(10)  Report of objective and action items.  For each program element, 
prepare a statement of specific and measurable objectives and supporting 
action items which will solve problems and barriers identified.

1.  Assign a responsible official for each objective/action item 
listed.

2.  Assign a target date for completing each objective and action 
item listed.

oOo

RD Instruction 2045-Z
Exhibit B
Page 1

Annual Affirmative Employment Program Plan
Accomplishment Report and Update

A.  Purpose and scope.  The purpose of this Exhibit is to provide guidelines 
for affirmative action plan updates.

B.  Legal authority.  Management Directive 714 (EEO-MD-714), Instructions for 
development, submission and implementation of Equal Employment Opportunity 
(EEO) and Affirmative Employment Program (AEP) Plans required by Section 717 
of Title VII of the Civil Rights Act of 1964, as amended, and any such 
variances herein from the notice, or the U. S. Equal Employment Opportunity 
Commissions (EEOC) Management Directive 714, have been approved by the 
Departments Office of Civil Rights Enforcement (OCRE).

C.  Annual Affirmative Employment Program (AEP) accomplishment report and 
update.  These instructions are to be used by all Rural Development offices in 
the preparation of Annual AEP Accomplishment Report and Update.  The AEP 
Accomplishment Report and Update will extend through one fiscal year.  
Completed plans are to be submitted to the EEOC and the Civil Rights Staff 
(CRS) in the National Office, Attention: Deputy Director, CRS.  Each Fiscal 
Year (FY), CRS will send a memorandum with a due date for submitting your 
report and update.  States will obtain state census data and current workforce 
statistics to prepare your report and update.

D.  Requirements for preparation.

(1)  Cover sheet.  Cover sheet should be signed by the Agency 
Administrator, or Deputy EEO Officer.  

(2)  Summary analysis of work force.  A narrative work force analysis 
using the Civilian Labor Force (CLF) should be provided.  Analyze work 
force by Professional, Administrative, Technical, Clerical, and Other 
(PATCO) category, major job series, and individual grade levels or grade 
distribution summary by race, sex, and national origin.

(3)  Accomplishment report on objectives and action items.  For each 
program element, prepare a statement which reflects the progress toward 
achieving objectives and action items that were identified in AEP Plans.

(4)  Noteworthy activities and initiatives.  Prepare a statement of any 
noteworthy activities or initiatives implemented during the fiscal year.

oOo

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RD Instruction 2045-Z
Exhibit C
Page 1

Federal Equal Opportunity Recruitment 
Program (FEORP) Plan

A.  Purpose and scope.  The purpose of this Exhibit is to define the Federal 
Equal Opportunity Recruitment Program (FEORP) in Rural Development and provide 
guidelines and instructions to field managers (State Directors; Senior 
Officials in St. Louis; and other employees with supervisory and/or managerial 
responsibilities) with regard to recruitment plans.

B.  Legal authority:  The Civil Service Reform Act of 1978, (Title 5 of the 
United Stated Code, Section 7201 (b)).  This legislation directed the 
U. S. Equal Employment Opportunity Commission (EEOC) to develop guidelines for 
a special recruitment program, designated the FEORP.  The statutory authority 
requires that agencies conduct affirmative recruitment for those occupations 
and grades within their work force in which there is a manifest imbalance and 
conspicuous absence of minorities and women.  The guidelines do not include 
coverage of disabled and older persons.  The guidelines do include white 
females, black males and females, Hispanic males and females, Asian males and 
females, and American Indian males and females.

C.  Equal Employment Opportunity (EEO) policy.  It is the policy of Rural 
Development to prohibit discrimination and to ensure equal employment 
opportunity for all employees and applicants without regard to race, color, 
religion, sex, national origin, age or disability.

D.  Essentials of the FEORP Plan.  FEORP is aimed at eliminating manifest 
imbalance and conspicuous absence of minorities and women in Federal Agencies 
through the application of internal and external recruitment strategies which 
include activities normally identified with training, employee development, 
job redesign, staffing, and other personnel management functions and actions.  
The concept of FEORP rests on the belief that Federal Agencies have not in the 
past targeted their recruitment of minorities and women based on their 
availability in the Civilian Labor Force (CLF) in similar occupational 
categories.  Agencies are now required to conduct affirmative recruitment for 
those occupations and grade levels within their work force in which there is 
manifest imbalance and conspicuous absence of minorities and women.  The 
implementation of FEORP plans should, therefore, result in more representative 
applicant pools from which to select employees.  In this respect, the 
objective of the Federal Government is to attain a Federal work force  
reflective of the Nations diversity.  The minority groups whose employment 
levels must be catalogued include white women, black men, black women, 
Hispanic men, Hispanic women, Asian or Pacific Islander men, Asian or Pacific 
Islander women, American Indian or Alaskan Native men, and American Indian or 
Alaskan Native women where there is manifest imbalance or conspicuous absence.

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RD Instruction 2045-Z
Exhibit C
Page 2

E.  FEORP Plan.  The National Office Civil Rights Staff (CRS) will send any 
new requirements to all Rural Development Offices in October. The FEORP Plan 
will extend through one fiscal year.  Completed plans are to be submitted to 
the CRS in the National Office in January.

oOo

RD Instruction 2045-Z
Exhibit D
Page 1

Calculating Underrepresentation and Setting Numerical Objectives

A.  The Setting of numerical objective (goals) is an essential part of 
affirmative employment planning.  Goals are established in Multi-Year 
Affirmative Employment Program (AEP) Plans and continue in AEP Accomplishment 
Reports until there is no manifest imbalance and conspicuous absence of Equal 
Employment Opportunity groups.

B.  Calculating underrepresentation.  To determine the degree of 
representation of EEO groups, divide the percent representation of the 
minority group or women in the work force in a Professional, Administrative, 
Technical, Clerical, and Other (PATCO) category/occupational series/grade 
level by the percent representation of the same minority group or women in the 
Civilian Labor Force (CLF) in the PATCO category and multiply by 100.  The 
result is the underrepresentation index or U. I.

If the U. I.  is 0 to 10, there is a conspicuous absence or severe 
underrepresentation of the minority group or women.  If the U. I. is 11 to 99, 
there is a manifest imbalance of the minority group or women.  A U. I. of 100 
is parity in the work force.

Example:  Black females in administrative occupations in Tennessee

Total number of employees in the administrative work force in Tennessee 
(from National Finance Center (NFC) Departmental Notice (DN) 714

121

Total number of black females in administrative work force in Tennessee 
(from NFC DN 714)

0

Percent black females in administrative work force in Tennessee (from 
NFC DN 714)

0.0

Percent black females in the administrative CLF (from 1980 Census Data 
Report of Tennessee)

4.6

0.0     =     0 x 100     =  U.I. of 0
4.6

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RD Instruction 2045-Z
Exhibit D
Page 2

There is a conspicuous absence of black females in administrative occupations 
in Tennessee.

To reach parity for underrepresented EEO groups, numerical objectives must be 
established.

C.  Setting numerical objectives.  To determine how many of an EEO group is 
needed for parity, take the total number in the PATCO category/occupational 
series/grade level and multiply that number by the CLF percent of the EEO 
group in question.  Then subtract the number of the current onboard strength 
total of the EEO group in question.  The result is the number needed for 
parity.  The number needed for parity does not have to be the numerical 
objective you set for any particular year of the AEP or Federal Equal 
Opportunity Recruitment Program (FEORP) planning purpose, but should be your 
numerical objective for the multi-year period covered by the AEP plan.

Example:  Black females

Total number of employees in the administrative work force in Tennessee

121

Percent black females in administrative CLF

4.6
121  x  4.6  =  5.5

Onboard strength of black females

0

5.5 - 0  =  Numerical goal of 5

NOTE:  The CLF data on NFC DN 714 is nationwide, but States and the Finance 
Office should use State CLF data in determining manifest imbalance and 
conspicuous absence, and for setting numerical objectives.

Additional Example:  Asian males in administrative occupations in California

Total number of employees in administrative work force in California 
(from NFC DN 714)

74

RD Instruction 2045-Z
Exhibit D
Page 3

Total number of Asian males in administrative work force in California 
(from NFC DN 714)

2

Percent Asian males in administrative work force in California

2.7

Percent of Asian males in administrative CLF (from 1980 Census Data 
Report of California)

5.9

2.7     =     0.45     x     100     =     U.I. of 45
5.9

There is a manifest imbalance of Asian males in administrative occupations in 
California.

Example:  Asian males

Total number of employees in the administrative occupations in 
California

74

Percent Asian males in administrative CLF

5.9
74   x   5.9   =   4.3

Onboard strength of Asian males

2
4  -  2  =  numerical goal of 2

oOo

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