New Employee Orientation Farm Service Agency Office of

New Employee Orientation Farm Service Agency Office of Civil Rights

FARM SERVICE AGENCY 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 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

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 Underrepresentation

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 Gloria Scurry Greg Ferby Claude Mc. Kenzie Rene Rodriguez Mike Sherman Wanda Wilson

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

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

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 USDA OCR directs FSA to conduct an FFI and provide an Agency Position Statement (APS) FSA has 24 days to conduct a Fact Finding Inquiry and prepare an APS Complaint submitted to USDA Office of CR Complaints are processed within 180 days of acceptance 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 Mc. Alpine 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 Obtains and analyzes data Takes statements from FSA personnel

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 Pre-Review On-Site Review States & Team Selections Interview Employees Notification Review Accessibility Data Analysis Review Public Information Service Center Selections Review Files Notification Post-Review SMR Report to State Corrective Action Plan to FSA/OCR Implementation Reports Closure

Administrator’s Policy Statements • Civil Rights Policy Statement http: //www. fsa. usda. gov/pas/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/repri sal_policy. htm • Sexual Harassment Statement http: //www. fsa. usda. gov/civil/statements/Hara ssment_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