USDA EEO Data

USDA Program Data

PART 1: EEO COMPLAINT DATA BY USDA AGENCY

PART 2: PROGRAM DISCRIMINATION COMPLAINT DATA BY USDA AGENCY

Executive Summary

Annual Reporting Requirements

Section 14010 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill), mandates the U.S. Department of Agriculture (USDA) to prepare an annual report on each of its agency’s civil rights complaints, resolutions, and actions. In accordance with that section, this report provides the following information:

• the number of civil rights complaints filed that relate to the agency, including whether a complaint is a program complaint or an employment complaint;

• the length of time the agency took to process each civil rights complaint;

• the number of proceedings brought against the agency, including the number of complaints described in §14010 (1) that were resolved with a finding of discrimination; and

• the number and type of personnel actions taken by the agency following resolution of civil rights complaints.

In addition, Section 14010 requires that a copy of this report be submitted to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and made available to the public by posting it on the USDA website.

The USDA agencies included in the report are: Agricultural Marketing Service (AMS); Agricultural Research Service (ARS); Animal and Plant Health Inspection Service (APHIS); Economic Research Service (ERS); Farm Service Agency (FSA); Food Nutrition and Consumer Service (FNCS), including the Food and Nutrition Service (FNS); Food Safety and Inspection Service (FSIS); Foreign Agricultural Service (FAS); Forest Service (FS); Grain Inspection; Packers and Stockyards Administration (GIPSA); National Agricultural Statistical Service (NASS); National Appeals Division (NAD); National Institute of Food and Agriculture (NIFA), formerly Cooperative State Research, Education and Extension Service (CSREES); Natural Resources Conservation Service (NRCS); Office of the Chief Financial Officer (OCFO); Office of Inspector General (OIG); Rural Development (RD); Risk Management Agency (RMA); and Departmental Management (DM).

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Summary of the Report

USDA EEO Data

During FY 2009, USDA had a total of 1738 complaints in the EEO complaint inventory. At the beginning of FY 2009, USDA had an open inventory of 1210 equal employment opportunity (EEO) complaints. (See Table 1-1.) During the fiscal year, the USDA received an additional 528 EEO complaints. (See Table 1-1.) The USDA closed a total of 760 EEO complaints during FY 2009, including 16 complaints resolved with a finding of discrimination. (See Table 1-2 and 1-3.) At the end of the fiscal year, USDA had an ending inventory of 978 open EEO complaints. (See Table 1-2.)

The Secretary of Agriculture established an EEO complaint resolution initiative to resolve open EEO complaints. The Secretary delegated the Assistant Secretary for Civil Rights to lead this initiative. Mission Area Under Secretaries and Agency Administrators appointed Resolving Officials to resolve as many complaints as possible. As a result of these efforts, outstanding EEO complaints have been reduced by approximately 400. Some of these complaints were resolved administratively, others were settled, and several were withdrawn.

By the end of the fiscal year, the average length of time that the complaints were in the EEO complaints process was 851 days. (See Table 1-1.) The average processing time includes 102 complaints that were subsumed in a class complaint and held in abeyance pending the disposition of the class actions. The Equal Employment Opportunity Commission (EEOC) does not allow opt-outs; thus, these complaints must remain in the system. Additionally, the average processing time includes 381 complaints that were at the EEOC for hearing. Removal of these complaints reduces the average processing time to 659 days. For complaints closed during FY 2009, time in the process was calculated based on the time between the formal filing date (regardless of fiscal year) and the date of closure. For complaints that remained on open status by the end of FY 2009, time in the process was calculated based on the time between the formal filing date (regardless of fiscal year) and the end of FY 2009 (September 30, 2009).

The total number of personnel actions taken by USDA agencies following resolution of EEO complaints was 548 actions. The types of personnel actions taken included monetary as well as non-monetary. (See Table 1-4.) There were a total of 16 disciplinary actions taken against USDA employees who were found to have committed prohibited acts of discrimination. (See Table 1-5.)

A summary of EEO complaint data for each USDA agency is provided in Part I of this report. The attachments provide information for each complaint and the days for processing each complaint

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USDA Program Data

Unlike EEO complaints, the majority of the discrimination complaints in USDA programs are not against USDA or its employees. Most of the program discrimination complaints are against recipients of USDA financial assistance, primarily State and local agencies and multi-family housing authorities. Examples are complaints concerning FNS’ programs, such as the Supplemental Nutrition Assistance Program (SNAP), in which the application and applicant eligibility are determined by the state or local government entities. The states issue the SNAP benefits through local state or county offices to households that are eligible to receive them. Complaints in RD programs in which non-government entities receive rural housing funds, such as multi-family housing programs, are administered or managed by non-USDA employees.

During FY 2009, USDA had a total of 2132 complaints in the program complaint inventory. At the beginning of FY 2009, USDA had an open inventory of 806 program complaints. (See Table 2-1.) During the fiscal year, USDA received an additional 1326 complaints. (See Table 2-1.) USDA closed a total of 1079 program complaints during FY 2009. At the end of the fiscal year, USDA had an ending inventory of 1053 open complaints. (See Table 2-2.)

By the end of FY 2009, the average length of time that the complaints were in the program complaints process was 338 days. (See Table 2-1.) For complaints closed during FY 2009, time in the process was calculated based on the time between the formal filing date (regardless of fiscal year) and the date of closure. For complaints that remained in open status by the end of FY 2009, time in the process was calculated based on the time between the formal filing date (regardless of fiscal year) and the end of
FY 2009 (September 30, 2009).

There were no program discrimination complaints resolved with a finding of discrimination during FY 2009. No personnel actions were taken by USDA agencies following resolution of program complaints. However, there were 5 settlement agreements from RD. FSA had no settlement agreements.

A summary of FY 2009 program complaint data for each USDA agency is provided in Part II of this report. The data includes both federally-assisted and federally-conducted allegations of program discrimination. Complaints in federally-assisted programs concern programs and activities in which Federal financial assistance is provided through a recipient, a third party such as a State, or instrumentality of any State. Complaints in

federally-conducted programs concern programs or activities that include the day-to-day operations of the agency. These programs or activities result in or contribute to the availability of or delivery of services, benefits, or resources to customers. The FSA’s direct farm loan program is an example of a conducted program. Its loans are directly funded by FSA and are administrated directly through local FSA offices. Although there were several complaints from farmers and ranchers in FY 2009, the majority of the complaints concerned federally-assisted programs, such as in FNS complaints, and in RD complaints concerning multi-family housing programs.

Exhibit 2 provides information for each complaint and the days for processing each complaint.

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Part I
EEO COMPLAINT DATA
BY
USDA AGENCY
FY 2009

Part 1: EEO Complaint Data by USDA Agency

This section provides summary data for EEO complaints in FY 2009 for each USDA agency. References are made to the exhibits section of this report regarding detailed EEO complaint data for each USDA agency.

Table 1-1 EEO Complaints Inventory During FY 2009

Agency	Beginning Complaint Inventory	Complaints Filed	Total Complaint Inventory During FY 2009	Complaint Average Time (Days) In The Process	Exhibit 1-1 Page(s)
AMS	30	20	50	1056	1 - 2
APHIS	93	61	154	582	2 - 7
ARS	39	33	72	521	7 - 9
CRSD	41	18	59	720	9 - 11
ERS	15	2	17	670	11 - 12
FAS	18	6	24	1378	12 - 13
FNCS	23	10	33	720	13 - 14
FS	306	101	407	1108	14 - 27
FSA	166	25	191	1168	27 - 33
FSIS	130	90	220	612	33 - 40
GIPSA	29	10	39	857	40 - 42
NAD	2	1	3	1246	42
NASS	4	3	7	314	42
NIFA	3	0	3	857	42
NRCS	89	47	136	592	42 - 47
OCFO	43	35	78	821	47 - 49
OIG	13	6	19	752	49 - 50
RD	147	58	205	864	50 - 57
RMA	19	2	21	1334	57
Total USDA	1210	528	1738	851	1 - 57

 

Table 1-2 Number of EEO Complaints Closed in FY 2009

Agency	Beginning Complaint Inventory	Total Number of Complaints Closed	Ending Complaint Inventory	Exhibit 1-1 Page(s)
AMS	50	20	30	1 - 2
APHIS	154	79	75	2 - 7
ARS	72	35	37	7 - 9
CRSD	59	27	32	9 - 11
ERS	17	4	13	11 - 12
FAS	24	6	18	12 - 13
FNCS	33	22	11	13 - 14
FS	407	194	213	14 - 27
FSA	191	62	129	27 - 33
FSIS	220	94	126	33 - 40
GIPSA	39	25	14	40 - 42
NAD	3	3	0	42
NASS	7	4	3	42
NIFA	3	3	0	42
NRCS	136	70	66	42 - 47
OCFO	78	28	50	47 - 49
OIG	19	7	12	49 - 50
RD	205	69	136	50 - 57
RMA	21	8	13	57
Total USDA	1738	760	978	1 - 57

 

Table 1-3 Number of EEO Complaints Resolved With Finding of Discrimination

Agency	Findings of Discrimination
AMS	0
APHIS	1
ARS	0
CRSD	1
ERS	0
FAS	0
FNCS	0
FS	4
FSA	1
FSIS	2
GIPSA	0
NAD	0
NASS	0
NIFA	0
NRCS	1
OCFO	1
OIG	0
RD	5
RMA	0
Total USDA	16

 

Table 1-4 Number of Personnel Actions Following Resolution of EEO Complaints

Agency	Number of Personnel Actions
AMS	20
APHIS	60
ARS	32
CRSD	29
ERS	2
FAS	3
FNCS	22
FS	145
FSA	26
FSIS	68
GIPSA	31
NAD	2
NASS	8
NIFA	2
NRCS	72
OCFO	4
OIG	2
RD	18
RMA	2
Total USDA	548

As noted in the referenced exhibits section, a total of 548 personnel actions are reported. However, the number of complaints resolved with personnel actions was 239 cases.

Detailed information regarding number and types of personnel actions taken following the resolution of each complaint is provided in Exhibit 1-2.

Table 1-5 Disciplinary Actions in EEO Complaint Findings of Discrimination

Disciplinary Action	Beginning Complaint Inventory
	Retaliation	Harassment	Prohibited Personnel Practice	Other	Total
Removal	0	2	0	0	2
15 Day or More Suspension	0	0	0	0	0
14 Day or More Suspension	0	8	0	3	11
Reduction in Grade	0	1	0	0	1
Reduction in Pay	0	0	0	0	0
Letter of Reprimand	0	2	0	0	2
Total	0	13	0	3	16

 

Part II
PROGRAM DISCRIMINATION COMPLAINT DATA
BY
USDA AGENCY
FY 2009