Policy

Farm Production and Conservation (FPAC) is fully committed to Equal Employment Opportunity (EEO), to continue achieving a high quality and diverse workforce based on merit system principles. FPAC prohibits any employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, marital or parental status, genetic information, or in reprisal for protected EEO activity.

All executives, managers, supervisors and employees have a responsibility to maintain a high level of professional conduct in the workplace, and to treat others with respect and fairness. Discriminatory actions undermine the reputation and effectiveness of an organization and will be promptly addressed. FPAC-Civil Rights and Equal Employment Opportunity Division (CREEOD) is dedicated to maintaining a work environment that promotes acceptance of individual differences, to notifying its staff regarding their EEO rights and responsibilities, and to providing a fair and neutral process for adjudicating complaints without fear of retaliation.

Counseling

You must contact the Farm Production and Conservation - Equal Employment Complaint Processing and Resolution Branch (FPAC-EECPRB) within 45 days of the alleged discriminatory act. Pre-complaint counseling is voluntary; however, it is a mandatory prerequisite for filing a formal EEO complaint.

If you elect not to continue with EEO counseling beyond this initial interview, you will be asked to sign a withdrawal form. If you do receive further counseling, you will be given a written final interview notice before the 30th calendar day from the date of the initial interview.

The notice will inform you that counseling is terminated, that you have the right to file a formal discrimination complaint and provides detailed procedures for filing a formal complaint. The 30-day final interview notice, and the termination of counseling may be postponed up to an additional 60 days with your agreement.

Anonymity

During pre-counseling, you have the right to remain anonymous, although anonymity is likely to restrict the Counselor's ability to resolve the matter under counseling. If you file a formal complaint, however, your complaint is not confidential, and your identity will be revealed to management officials as necessary to complete a full investigation and resolution. Please indicate your election regarding anonymity by initialing the appropriate choice and signing and dating the appropriate block on the last page.

Representation

You have the right to be accompanied, represented and advised by a representative of your choice throughout the complaint process, including the pre-counseling stage. If you choose a representative, you must give FPAC-CREEOD written notice of your representative's name and address. Please be advised that the EEO Counselor is not an advocate for either the aggrieved person or the Agency

Alternative Dispute Resolution

You will be given the right to request Alternative Dispute Resolution (ADR) instead of traditional EEO counseling. Requests for ADR are subject to approval by the Director, CREEOD. FPAC-CREEOD has selected mediation as its primary form of ADR, applicable at any stage of the complaint process as a way to save time, resources, and explore ways to address employee concerns in a manner beneficial to both the employee and FPAC. Other forms of ADR may be offered, as appropriate, depending on the presented issue(s). If your request for ADR is approved, the counseling period will be extended for an additional 60 days (for a total of 90 days) to complete the ADR process. If the matter is not resolved within the 90-day period, you will receive a final interview letter, containing your right to file a formal complaint, from the EEO Counselor.

Mixed Case Complaints

A mixed case complaint is a discrimination complaint that is related to or stems from an action that can be appealed to the Merit Systems Protection Board (MSPB). In a mixed case, you have the right to either proceed through FPAC’s EEO complaint process or file an appeal of the action directly with the MSPB . Whichever course you select first will be considered your election of process, and you will not be permitted to pursue the other process. If you elect to proceed through the EEO complaint process, the Employment Complaint Division (ECD) will investigate the complaint and issue you a final agency decision. You will have the right to appeal the Agency’s decision to MSPB.

Notice to Members of Collective Bargaining Units. You also have the right to elect either the discrimination complaint process or a negotiated grievance procedure that permits claims of discrimination to be raised. Once you file a formal grievance on an issue through the negotiated grievance process, you may not file a formal EEO complaint on that same matter. Similarly, once you file a formal EEO complaint, you may not file a grievance through the negotiated process on that matter. You retain both options as long as you are in the counseling phase. Your election of one process over the other occurs at pre-complaint the conclusion of counseling or ADR.

Complaint Processing

At the conclusion of pre-complaint counseling or ADR, you may file a formal EEO complaint within 15 calendar days of your receipt of the final interview notice.

Your complaint must be filed with the USDA Department of Civil Rights in writing and it must be signed by you or your representative. A formal complaint form will be included with the final interview notice. Complaints must be mailed to the following address:

If using Regular Mail:

Employment Complaints Division Center for Civil Rights Enforcement
United States Department of Agriculture
1400 Independence Avenue, SW Stop Code: 9440 Washington, DC 20250-9440

OR

Via Email: ECD@usda.gov

Complaints may also be faxed to the following number: Fax: 202-401-1138

Once you file a complaint, you have a responsibility to keep the Employment Complaints Division, Office of Adjudication informed of your current address. Additionally, it is your responsibility to provide the ECD with copies of any appeal papers and hearing requests that are forwarded to the EEOC, if you request a hearing before the EEOC. Requests for relevant information must be answered fully within 15 days, or your complaint may be dismissed for failure to cooperate. You also have a duty to mitigate any damages, e.g., seek other appropriate employment if a non-selection is being challenged. Interim earnings or amounts that could be earned by you with reasonable diligence generally must be deducted from an award of back pay.

The ECD will acknowledge receipt of your complaint. ECD staff will identify the specific issues, if any, which can be accepted for investigation and determine if any part of your complaint must be dismissed based on EEOC regulations in 29 CFR Part 1614. If your complaint is dismissed, you will be informed of your right to appeal that dismissal. Only claims raised in the informal counseling (or subsequent claims that are like or related) may be included in a subsequent complaint filed with the ECD.

You may amend your complaint at any time before the investigation is finished to include claims that are like or related to the complaint. You must inform the ECD of any amendments, which will require approval by the Chief, ECD. If the Chief, ECD, approves the amendment of a complaint, ECD will complete its investigation within the earlier of 180 days after the filing of the last amendment or 360 days of the filing of the initial complaint.

If you have filed two or more complaints, ECD must consolidate them after providing you appropriate notice. When a complaint has been consolidated with one or more earlier complaints, ECD will complete its investigation within the earlier of 180 days after the filing of the last complaint or 360 days of the filing of the first complaint.

The allegations in an accepted complaint will be investigated by the USDA’s Office of the Assistant Secretary for Civil Rights’ (OASCR) Employment Investigations Division (EID). Within 180 days of your filing a complaint, you will be given a copy of the completed investigative file. You may agree in writing, however, to extend the period of investigation for not more than 90 days. If your complaint has been amended or consolidated, the EEOB will complete its investigation within the earlier of 180 days after the last amendment to the complaint or 360 days after the filing of the original complaint.

Within 30 days of receipt of the investigative file, you have the right to request a hearing and decision from an EEOC Administrative Judge (except for mixed cases) or you may request an immediate final agency decision from OASCR’s Employment Adjudication Division. Upon notification of a request for a hearing, the ECD will transmit the complaint file to an EEOC Administrative Judge. If you elect a final agency decision, you will receive a final decision within 60 calendar days of the election from OASCR’s Employment Adjudication Division. If you take no action within the 30-day period, it will be deemed that you have elected a final agency decision, and a final decision will be issued within 60 calendar days after the expiration of the 30-day period for request. Additionally, at anytime after 180 days have elapsed from the date of filing a complaint, you may request a hearing before an EEOC Administrative Judge.

Your request for a hearing must be submitted in writing directly to the EEOC office identified by the EEOB in your Investigation Instruction Letter. You must provide OASCR and EEOC with a copy of your hearing request.

Court Actions

Alternatively, you may file a civil action in U.S. District Court at any time after 180 days have elapsed from the filing of a formal complaint if no final action has been taken on the complaint, or 180 days after filing an appeal with EEOC, if no decision has been issued on the appeal. You may also go to U.S. District Court after 90 days from receipt of a final action by OAC if you do not file an appeal, or after 90 days from receipt of the EEOC’s final decision on an appeal.

Class Complaints

A class complaint consists of a cause of action where the number of complainants is so numerous that a consolidated complaint is impractical, and there are questions of common fact. A complainant may move for class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. If you wish to file a class complaint, you must seek counseling as the agent of the class and be counseled in accordance with 29 CFR § 1614.105. If you move for class certification after completing the counseling stage, then no additional counseling may be required; however, class certification can be denied by the Administrative Judge if there has been an undue delay in moving for certification.

Age Discrimination

If your complaint alleges age discrimination, you have the right to either file an administrative age discrimination complaint with the ECD pursuant to 29 CFR Part 1614 or file a civil action in a United States District Court under the Age Discrimination in Employment Act (ADEA) of 1967. If you elect to file a civil action in a United States district court, you must give the EEOC at least 30 days advance written notice of your intent to file such an action. Your notice to EEOC must be filed in writing within 180 days of the alleged unlawful practice.

Equal Pay Act Complaints

For claims of sex-based wage discrimination under the Equal Pay Act, you have the right to file either an administrative sex discrimination complaint with the ECD, pursuant to 29 CFR Part 1614, or a civil action directly with a court of competent jurisdiction. You do not need to give notice of filing of a lawsuit to the EEOC. The Statute of Limitations for such a lawsuit is two years from the date of the discriminatory act (three years if such acts were willful).

Offer of Resolution

If you are represented by an attorney, FPAC may make an offer of resolution to you at any time after you have filed a formal complaint, until thirty (30) days before the conclusion of the hearing. If you are not represented by an attorney, an offer of resolution cannot be made before the case is assigned to an Administrative Judge for a hearing. (These time provisions apply only to offers of resolution and do not restrict the parties from discussing settlement or engaging in any ADR process in an effort to resolve an EEO Complaint.)

You have 30 days from receipt of an offer of resolution to consider the offer and decide whether to accept it. Offers of resolution will be in writing, must include attorney’s fees and costs, and must specify any non-monetary relief. Your rejection of an FPAC offer of resolution may limit the amount of attorney’s fees or costs you can recover.