11

Farm Service Agency Farm Service Agency FY2010 Annual Civil Rights FY2010 Annual Civil Rights

TrainingTraining

““FSA No Fear Act Training FSA No Fear Act Training Required Every Two Years”Required Every Two Years”

andand

““Understanding/Navigating Understanding/Navigating FSA EEO FSA EEO

Complaint/ADR/Mediation Complaint/ADR/Mediation Internal Process”Internal Process”

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WelcomeWelcome

Welcome to the Farm Service Agency FY2010 Annual Civil Rights Training.

This year’s training presents and meets the federal employees No Fear

Act training required every two years and understanding Farm Service Agency internal Pre-Complaint and Formal Complaint Stages, EEO

Counseling, Investigating, and ADR/Mediation processing procedures.

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BackgroundBackground

All federal agencies adhere to the same federal laws, executive orders,

statutes, management directives and policies concerning workplace

discrimination. However, all federal EEO Complaint processes do not

flow in the same manner due to various reasons. Nevertheless, an

agency must speak with the same voice to avoid confusing employees of

their EEO rights and the procedures of exercising their EEO rights.

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FY2010 Annual Civil Rights FY2010 Annual Civil Rights Desired Learning Objectives Desired Learning Objectives

The Desired Learning Objectives (DLOs) for this training are to:

ensure all employees understand Farm Service Agency internal EEO complaint processing procedures; and

ensure all employees receive and complete the mandatory No Fear Act Training required every two years.

There are 10 test questions at the end of this training session consisting of 10 points per question. A total of 70% is required to pass this training.

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PART I PART I

““Understanding/Navigating Understanding/Navigating FSA EEOFSA EEO

Complaint/ADR/Mediation Complaint/ADR/Mediation Internal Process”Internal Process”

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Civil Rights StructureCivil Rights Structure

USDA Secretary

ASCR

OCR

FSA

FSA OCR

CMB

EEOB

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EEO Complaint StructureEEO Complaint Structure

FSA Civil Rights Program and EEO Complaint Structure is as follows:

• USDA Secretary

• Assistant Secretary Civil Rights (ASCR)

• Farm Service Agency Administrator (Agency Head for Civil Rights Reporting)

• Department Office of Civil Rights (OCR)

• FSA Counseling and Mediation Branch (CMB), Pre-Complaint

• FSA Equal Employment Opportunity Branch (EEOB), Formal Complaint Stage

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EEO Complaint StructureEEO Complaint StructureContinuedContinued

The USDA Secretary is listed as part of the EEO Complaint structure

because the Civil Rights Program is ultimately his or her program; and

when an EEO Complaint goes forward for a hearing, the USDA

Secretary’s name is listed as the “Defendant”; not the Responsible

Management Official’s name listed in the original complaint.

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EEO Complaint StructureEEO Complaint StructureContinuedContinued

Thus, FSA has six different possible tiers in which an EEO complaint

passes through or is affected by during the EEO complaint processing

procedures. However, there are three primary offices actually engaged

in processing EEO complaints; they are:

(1) FSA Counseling and Mediation Branch (CMB)(2) Department Office of Civil Rights (OCR)(3) FSA Equal Employment Opportunity Branch (EEOB)

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EEO Complaint Process FlowEEO Complaint Process Flow

The EEO Complaint process starts with the Counseling and Mediation Branch (CMB) or referred to as the Pre-Complaint Stage. CMB provides the following services:

•Inform the aggrieved employee of all his or her EEO Complaint processing rights, timelines, Pre-Complaint ADR and/or appeal procedures •Capture the aggrieved employee’s forms of alleged discrimination, claims, issues, and bases

•Offer use of the ADR program to resolve issues (when appropriate) at the Pre-Complaint Stage

•Provide the aggrieved employee with a Notice of Right to File (NRF) an EEO Complaint with the Department Office of Civil Rights within 15 calendar days at the end of the counseling and/or Pre-Complaint ADR stage

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EEO Complaint Process FlowEEO Complaint Process FlowContinuedContinued

The aggrieved employee becomes a complainant and enters into the formal EEO complaint stage once he or she receives their Notice of Right to File (NRF) and files their Formal EEO Complaint with the Department Office of Civil Rights for Acceptance or Dismissal.

Department Office of Civil Rights will perform one or several of the following steps with the complainant’s complaint:

•Send a written letter to the complainant acknowledging receipt of their complaint for acceptance and/or dismissal;

•Accept and/or dismiss complainant’s complaint in whole as written and/or partial acceptance clearly outlining the forms of discriminations, claims, issues, and bases

•Send complainant a written letter regarding the acceptance and inform him/her whether their complaint will be investigated or not.

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EEO Complaint Process FlowEEO Complaint Process FlowContinuedContinued

The complainant’s acceptance letter is sent to the Equal Employment Opportunity Branch (EEOB) for Formal Investigation, Report of Investigation (ROI) review, distribution, and preparation for an Equal Employment Opportunity Commission (EEOC) Hearing or Final Agency Decision (FAD).

Equal Employment Opportunity Branch (EEOB) will perform the following services:

•Send a written letter to the complainant informing him/her that an Investigator will contact them to conduct an investigation on the notedforms of discriminations, claims, issues, and bases

•Send a written letter to the Responding Management Official (RMO) informing him/her that the complainant has filed an EEO complaint against him/her and outline the forms of discriminations, claims, issues, and bases

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EEO Complaint Process FlowEEO Complaint Process FlowContinuedContinued

Equal Employment Opportunity Branch (EEOB) continued services:

•Complete the EEO investigation within 45 days or inform the complainant of delay

•Review the Report of Investigation (ROI) for legal completeness

•Send a copy of the Report of Investigation (ROI) to the complainant, and to his/her representative (if applicable) for review and to make an electionfor ADR at the Formal Complaint Stage, EEOC Administrative Judge (AJ) Hearing or a Final Agency Decision.

•Monitor any settlement agreements made at the Formal Complaint Stagefor compliance within 30 days.

•Monitor Final Agency Decisions for completions within 30 days after election is made.

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EEO Complaint Process FlowEEO Complaint Process FlowContinuedContinued

Equal Employment Opportunity Branch (EEOB) continued services:

•Inform all parties of their obligation to cooperate fully with the Investigation

•Ensure the complainant and/or his or her legal appointed representative,the appropriate geographical EEOC, and the Agency representative receive a copy of the complainant’s Report of Investigation (ROI) in preparation for an EEOC Administrative Judge (AJ) Hearing

•Respond to all questions and/or concerns pertaining to ADR, EEO settlements, investigations, Report of Investigation (ROI) and/or Final Agency Decision (FAD) status after complainant receives his/her Notice of Right to File (NRF).

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FSA Federal Employee Internal EEO FSA Federal Employee Internal EEO Complaint ProcessComplaint Process

FSA EEO Counselor

Pre-Complaint ProcessAlternative Dispute Resolution

(ADR) Process

Pre-Complaint Stage

Counseling & Mediation Branch (CMB)

Complainant Alleged Act or Action (Within 45 Days)

Final Interview Phase

Stage 1

90-Day Total Process

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FSA Federal Employee Internal EEO FSA Federal Employee Internal EEO Complaint Process continuedComplaint Process continued

Complainant Receives Notice of Right to File (NRF) Must File Formal EEO Complaint

(within 15 Days)

Stage 2

USDA Office of Civil Rights Provides an Acceptance or Dismissal Letter (within 15 Days of Receipt of Formal Complaint)

Equal Employment Opportunity Branch (EEOB)

Investigation

Formal Complaint ProcessAlternative Dispute Resolution

(ADR) Process

Stage 3

Report of Investigation Distribution (ROI)

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FSA Federal Employee Internal EEO FSA Federal Employee Internal EEO Complaint Process continuedComplaint Process continued

EEOC Hearing Decision by Administrative Law

Judge (ALJ)

USDA Office of Civil RightsFinal Agency Decision (FAD)

Final Action By Agency

Complainant May Appeal to Operating

Field Office

Agency of Complainant

Appeal to Operating Field Office (OFO)

Civil Action in Court

60 Days

40 Days

Stage 4

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Federal Employees Governing Federal Employees Governing Regulations and Directives Regulations and Directives

FSA federal employees’ EEO complaint processing procedures and

decision authority to enforce is governed by:

29 Code of Federal Regulations (CFR) 1614, and

Management Directive 110 (MD-110)

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Federal Employees Governing Federal Employees Governing Regulations and Directives Regulations and Directives

ContinuedContinuedFSA federal employees EEO complaint internal flow and associatedtimelines in accordance with 29 CFR 1614 and MD-110:

Pre-Complaint Stage – aggrieved employee must contact EEO counselor within 45 days of the alleged event and/or incident

EEO counselor has 30 days to complete counseling and an additional 60 days to conduct ADR at the Pre-Complaint Stage only when the aggrieved employee approves to do so

Provide the aggrieved employee with a Notice of Right to File a Formal EEO complaint with the Department Office of Civil Rights

Complainant has 15 calendar days to file a Formal EEO complaint

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Federal Employees Governing Federal Employees Governing Regulations and DirectivesRegulations and Directives

ContinuedContinued

Formal Complaint Stage – at this stage the office has 15 days to accept or dismiss complainant’s Formal EEO complaint

Formal Complaint Stage Continues – at this stage the office has 45 days to complete the EEO investigation depending on the cooperation of the complainant, witnesses, and Responding Management Official

Complainants are also entitled to and can receive ADR through the entire Formal complaint investigation, Hearing and Final Agency Decision (FAD) stage

Report of Investigation (ROI) is distributed to the complainant and/or complainant’s legal representative for review and to make an electionfor an EEOC Hearing or Final Agency Decision within 30 calendar days of receiving the ROI

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Federal Employees Governing Federal Employees Governing Regulations and DirectivesRegulations and Directives

ContinuedContinued

If complainant elects an EEOC Hearing, that hearing is conducted in the EEOC geographical location closest to the complainant’s worksiteand EEOC will complete the hearing within 40 days

If complainant elects a Final Agency Decision (FAD), Department Office of Civil Rights will complete the FAD within 60 days

Complainant can appeal to the EEOC Operating Field Office and/or go to Civil Action Court