1. 1 Farm Service Agency FY2010 Annual Civil Rights Training “FSA No Fear Act Training Required Every Two Years” and“Understanding/Navigating FSA EEO Complaint/ADR/Mediation Internal Process”

2. 2 Welcome 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.

3. 3 Background 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.

4. 4 FY2010 Annual Civil Rights 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.

5. 5 PART I “Understanding/Navigating FSA EEO Complaint/ADR/Mediation Internal Process”

6. 6 Civil Rights Structure USDA Secretary ASCR OCR FSA FSA OCR CMB EEOB

7. 7 EEO 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

8. 8 EEO Complaint Structure Continued 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.

9. 9 EEO Complaint Structure Continued 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)

10. 10 EEO 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

11. 11 EEO Complaint Process Flow Continued 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.

12. 12 EEO Complaint Process Flow Continued 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 noted forms 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

13. 13 EEO Complaint Process Flow Continued 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 election for 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 Stage for compliance within 30 days. Monitor Final Agency Decisions for completions within 30 days after election is made.

14. 14 EEO Complaint Process Flow Continued 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).

15. 15 FSA Federal Employee Internal EEO Complaint Process FSA EEO Counselor Pre-Complaint Process Alternative 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

16. 16 FSA Federal Employee Internal EEO Complaint 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 Process Alternative Dispute Resolution (ADR) Process Stage 3 Report of Investigation Distribution (ROI)

17. 17 FSA Federal Employee Internal EEO Complaint Process continued EEOC Hearing Decision by Administrative Law Judge (ALJ) USDA Office of Civil Rights Final 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

18. 18 Federal Employees Governing 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)

19. 19 Federal Employees Governing Regulations and Directives Continued FSA federal employees EEO complaint internal flow and associated timelines 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

20. 20 Federal Employees Governing Regulations and Directives Continued  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 election for an EEOC Hearing or Final Agency Decision within 30 calendar days of receiving the ROI

21. 21 Federal Employees Governing Regulations and Directives Continued  If complainant elects an EEOC Hearing, that hearing is conducted in the EEOC geographical location closest to the complainant’s worksite and 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