U.S. Department of Agriculture

This testimony discusses the U.S. Department of Agriculture's (USDA) civil rights program and problems that have delayed its processing of discrimination complaints. Long-standing problems include continuing management turnover and reorganizations in USDA's Office of Civil Rights (OCR); inadequate staff and managerial expertise; a lack of clear, up-to-date guidance and procedures; and poor working relationships and communication within OCR and between OCR and other USDA entities. Also, USDA has not consistently used alternative dispute resolution techniques to address workplace and other disputes before they become formal employment complaints. In reviewing the draft report on which this testimony was based, USDA agreed with all of GAO's recommendations. At the time of this hearing, however, USDA had yet to fully implement any of those recommendations. USDA officials said that the agency has drafted a long-term improvement plan to address problems in the program, which they expect to begin implementing in October 2000.

GAO noted that: (1) a number of long-standing problems are impending USDA's efforts to improve delays in its processing of discrimination complaints within its Civil Rights Program, including: (a) continuing management turnover and reorganizations in USDA's OCR; (b) inadequate staff and managerial expertise; (c) a lack of clear, up-to-date guidance and procedures; and (d) poor working relationships and communication within OCR and between the office and other USDA entities; (2) USDA is not consistently using alternative dispute resolution techniques, such as mediation, to address workplace and other disputes before they become formal complaints; (3) USDA has drafted a long-term improvement plan to systematically address problems in the program which they plan to implement in October 2000; (4) to address personnel problems in OCR, USDA plans to: (a) develop an assessment of the skills needed for OCR; (b) implement training programs to properly educate employees; and (c) to conduct performance evaluations that would provide the basis for taking appropriate action in regard to employees who are not performing at acceptable levels; (5) OCR is in the process of issuing two operations manuals and several standard operating procedures for implementing regulations addressing complaint processing; (6) OCR's implementation of the program complaint process was hindered by agencies' disagreement with OCR about their role in the program complaint process and by inadequate OCR guidance; (7) OCR also has difficulties in developing effective working relationships with the Office of General Counsel, which further lead to inefficiencies and delays in processing complaints; (8) inadequate communication within OCR also contributed to low morale and productivity; (9) according to USDA's Assistant Secretary for Administration, OCR meets regularly with a committee of agency civil rights directors; (10) GAO's 1999 report on this matter found that USDA's Civil Rights Program had a long way to go before it achieved the Secretary's stated goal of making USDA the civil rights leader in the federal government; (11) plans to address civil rights complaints will require long-term implementation, including funding for hiring and training personnel; and (12) it appears as if the Secretary's goal, at least in the short term, remains elusive.