New Employee Orientation

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New Employee Orientation

• Farm Service Agency
• Office of Civil Rights

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FARM SERVICE AGENCY  OFFICE OF CIVIL RIGHTS
                                        "Utilizin
g a Tapestry of Diversity Today to Provide
Leadership for a Better Tomorrow"
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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.

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Organizational Structure
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FSA OCR Directors 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

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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

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Special Emphasis Programs
Six Programs required by Executive Order or
Departmental Regulation

• 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

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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

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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

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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
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Affirmative Employment Plan (AEP)

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

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Kansas City Equal Employment Opportunity Civil
Rights Office
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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

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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.

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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.

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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.

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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.

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Equal Employment Opportunity (EEO) Counseling and
Mediation Branch Mission

• To resolve EEO Complaints

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How do we achieve our mission

• Traditional EEO Counseling
• Mediation
• Facilitation

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Employees Have The Right To

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

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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 persons
• protected class which includes the following

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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.

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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.

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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.

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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.

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FSA Counseling Servicing Areas
Lydia Jones
Greg Ferby
Claude McKenzie
Wanda Wilson
Mike Sherman
Rene Rodriguez
Gloria Scurry
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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

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Washington, DC Staff
Debbie Lombardino, Branch Chief,
202-401-7154
Joanne Scott,
EE Specialist, 202-401-7177
Rolina Johnson,
Lydia Jones, EEO Counselor, 202-401-7167
Equal Opportunity Assistant, 202-720-8826
Fax Number 202-401-7103
CMB Web Site http//www.fsa.usda.gov/civil/ocrBran
ches/counsel_mediate.htm
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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

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Equal Employment Opportunity and Civil Rights

• Laws prohibiting
• Employment and Program discrimination

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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

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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.

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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

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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.

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Civil Rights Laws

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

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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.

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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
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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

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Program Complaints Inquiry Branch(PCIB)
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PCIB StaffMontgomery, AL

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

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PCIB StaffMontgomery, 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

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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

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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.

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FFI Process

• The PCS

Prepares the Investigative Plan
Contacts the State Executive Director and other
applicable personnel
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FFI Process, continued
Takes statements from FSA personnel
Obtains and analyzes data
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FFI Process, continued
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
Prepares the Report
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State Management Reviews (SMR)

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

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SMR, continued

• The Administrators Performance Review
• Plan and FSAs Strategic Plan require
• that FSA/OCR complete at least 10 EEO
• and CR State Management Reviews each
• year.

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SMR Process
Post-Review
On-Site Review
Pre-Review
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
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Administrators Policy Statements

• Civil Rights Policy Statement
• http//www.fsa.usda.gov/pas/civil/civil_rights.htm
  
• Equal Employment Opportunity Statement
• http//www.fsa.usda.gov/civil/statements/eeo_polic
  y.htm

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Administrators Policy Statements, continued

• Reprisal and Retaliation Statement
• http//www.fsa.usda.gov/civil/statements/reprisal_
  policy.htm
• Sexual Harassment Statement
• http//www.fsa.usda.gov/civil/statements/Harassmen
  t_policy.htm

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USDA Policy Statement

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

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FSA/OCR Contacts

• Office of the Director [phone]
• EEOB [phone]
• CPAB [phone]
• CMB [phone]
• KC-EEO/CR [phone]
• PCIB [phone]