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FY 2002 Accomplishments

Office of Equal Opportunity and Civil Right
Ramon Suris-Fernandez, Director

Background

During FY 2002 OEOCR continued to operate under the goals and objectives established in its 5 year strategic plan “Striving for Excellence.”  This plan was created in 1999 and remains in effect until 2004. The Plan defines OEOCR’s mission as follows :

To facilitate and ensure the fair and equitable treatment of CMS's internal and external     customers through compliance with applicable laws and the effective management of the Agency’s Equal Opportunity and Civil Rights Programs.

• As shown in the following pages, OEOCR has achieved unprecedented success in its operations during FY 2002.  Here are a few of the year's highlights for OEOCR:

• Pursuant to the Agency’s priority of Strengthening Diversity at CMS, OEOCR met with Agency management to discuss human resources needs and plans to promote, and retain individuals from under represented groups.

• OEOCR developed, coordinated, and hosted the second annual Department-wide Hispanic Employment Forum for HHS supervisors and managers.  The Forum was very well attended, which contributed greatly to the success of the event.

• The number of formal complaints decreased from 45 to 37 in FY 1999, from 37 to 22 in FY 2000, from 22 to 20 in FY 2001; 20 formal complaints were filed in FY 2002.

• 11 cases were mediated through CMS's ADR program for EEO complaints.  9 of these 11 cases were resolved (82%).

• Pursuant to a Memorandum of Agreement (MOA) between CMS, DHHS, and the Program Support Center, CMS continued to manage its own EEO complaint investigations process. During FY 2002, CMS contracted the investigation of 15 complaints.  Of those 15, 12 investigations were completed by the end of the fiscal year, with an average processing time of 121 days.  This is compared to the pre-pilot average of 311 days per case.

• 1093 CMS employees (including managers) attended EEO Training provided by OEOCR.

• CMS’s EEO Counselors received mandatory training.

• OEOCR assisted HRMG in drafting the Agency’s Policy on Providing Reasonable Accommodation to applicants and employees with Disabilities.

• OEOCR assumed responsibility for managing the Agency’s Reasonable Accommodation Program mid-year in Fiscal Year 2002.

I anticipate that this pattern of positive results and growth will continue in FY 2003.  Set forth below is a detailed review of OEOCR's goals and FY 2002 accomplishments.

FY 2002 Goals

Office of Equal Opportunity and Civil Right
Ramon Suris-Fernandez, Director

• GOAL NO. 1 - MANAGE THE AGENCY’S DISCRIMINATION COMPLAINT PROCESSING PROGRAM

• GOAL NO. 2 - PROVIDE TRAINING AND GUIDANCE TO MANAGERS AND EMPLOYEES ON EQUAL EMPLOYMENT AND CIVIL RIGHTS LAWS, PROCEDURES, AND AGENCY POLICIES

• GOAL NO. 3 - MANAGE THE AGENCY’S CIVIL RIGHTS PROGRAM

• GOAL NO. 4 - IMPLEMENT AN ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM FOR EEO COMPLAINTS

• GOAL NO. 5 - MONITOR THE IMPLEMENTATION OF THE AGENCY’S AFFIRMATIVE EMPLOYMENT PLAN

• GOAL NO. 6 - MANAGE AN AGENCY SPECIAL EMPHASIS PROGRAM AND OTHER SPECIAL ACTIVITIES

• GOAL NO. 7 - MEET OEOCR STAFFING NEEDS AND PROVIDE AN ENVIRONMENT CONDUCIVE TO OEOCR’S MISSION

• GOAL NO. 8 - IMPROVE INFORMATION SYSTEMS TECHNOLOGY

• GOAL NO. 9 - COMMUNICATE WITH CMS MANAGEMENT AND OTHER CUSTOMERS REGARDING OEOCR ACTIVITIES

• GOAL NO. 10 - MANAGE THE AGENCY’S REASONABLE ACCOMMODATION PROGRAM

GOAL NO. 1 - MANAGE THE AGENCY'S DISCRIMINATION COMPLAINT PROCESSING PROGRAM

Accomplishments:

The number of formal complaints filed decreased from 45 to 37 in FY 1999, from 37 to 22 in FY 2000, and from 22 to 20 in FY 2001.  20 formal complaints were filed in FY 2002.

Pursuant to a Memorandum of Agreement (MOA) entered into by CMS, DHHS, and the Program Support Center in July 2000, managed all aspects of CMS's EEO complaint investigations process and improved compliance with Federal regulations relating to the quality and timeliness of investigations. Specifically, in FY 2002, OEOCR contracted EEO investigations of 15 complaints.  By the end of FY 2002, 12 of the 15 investigations had been completed with an average processing time of 121 days; 59 days less than the 180 days required in 29 C.F.R. Part 1614, and about 200 days less than the average prior to the MOA.

Provided EEO counseling to 22 individuals in FY 2002.

CMS's twenty-six collateral duty EEO Counselors and one part-time counseling director received mandatory training.

Developed an internal tracking system for EEO contract investigations.

Enhanced OEOCR relationship with the Office of General Counsel, DHHS, in order to meet the hearing process requirements.

Created EOD folders containing information on OEOCR and the EEO complaint process, which are given to all new employees.

GOAL NO. 2 - PROVIDE TRAINING AND GUIDANCE TO MANAGERS AND EMPLOYEES ON EQUAL EMPLOYMENT AND CIVIL RIGHTS LAWS, REGULATIONS, PROCEDURES, AND AGENCY POLICIES

Accomplishments:

Issued memorandum from the Chief Operating Officer and Deputy Administrator requiring CMS managers and employees to attend EEO training courses applicable to their position.

Provided training for Central Office (CO) and Regional Office (RO) staff on sexual harassment prevention; 270 employees were trained in FY 2002.

Provided training for 247 CMS CO employees on Title VII of the Civil Rights Act: EEO in the Workplace.

Developed a Resource Guide on the Employment of Americans with Disabilities. This guide was used by the EEOC to train CMS CO and RO managers on the Rehabilitation Act and the Americans with Disabilities Act (ADA); 336 managers were trained in FY 2002.

Provided training to 158 CMS managers and pertinent staff on the provisions of Title VI of the Civil Rights Act: Protecting the Civil Rights of Beneficiaries.

Provided training for 82 CMS managers on Alternative Dispute Resolution.

GOAL NO. 3 - MANAGE THE AGENCY'S CIVIL RIGHTS PROGRAM

Accomplishments:

Continued efforts to develop a new Memorandum of Understanding (MOU) between the DHHS/OCR and CMS that more accurately reflects the current relationship between OEOCR and DHHS/OCR.  This MOU will supersede the current MOU that was developed in 1979.

Continued an effective working relationship with the Director, Office for Civil Rights (OCR), DHHS, and his staff. Collaborated with DHHS/OCR on policy issues, compliance issues, review of program issuances, referral of civil rights complaints, training of CMS staff, and development of civil rights standard language for CMS publications, and program issuances. OEOCR continues to work closely with DHHS/OCR on Title VI issues regarding prohibition against national origin discrimination of persons with limited English proficiency.  Attended two Civil Rights Forums sponsored by OCR.

Continued to maintain partnerships with various CMS components as well as other Federal Agencies (i.e., Equal Employment Opportunity Commission (EEOC) and the Department of Labor). Referred civil rights complaints that came to OEOCR's attention to the appropriate party, i.e., DHHS/OCR. (CMS does not investigate or enforce civil rights; DHHS/OCR has that responsibility.)

Worked closely with CMSO staff on programs related to Indian Tribes and Alaskan Natives and with staff in the Administration on Aging.

Worked with DHHS/OCR on issues relating to Section 508 of the Rehabilitation Act.

Provided comments on the HHS Strategic Plan Addressing Health Disparities Related to Sexual Orientation.

GOAL NO. 4 - IMPLEMENT AN ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM FOR EEO COMPLAINTS

Accomplishments:

Continued to implement (in partnership with AFGE, CMS stakeholders, and with the assistance of DHHS) an ADR Program for EEO complaints.  In its third year, 11 cases were mediated. Of these 11, 9 (82%) were resolved.  Since the Program’s inception, a total of 49 cases have been mediated, of which 32 were resolved.

Implemented a system for tracking cases in mediation and providing regular reports for evaluation purposes.

Collaborated with DHHS’ Sharing Neutrals Program, local and regional Federal Executive Board's, Sharing Neutrals Programs, and GSA approved contractors for mediator services.

Contracted the services of the Federal Mediation and Conciliation Service to provide ADR training to CMS managers.

Nominated CMS's ADR program for the Office of Personnel Management's Award for Outstanding ADR Program.

GOAL NO. 5 - MONITOR THE IMPLEMENTATION OF THE AGENCY'S AFFIRMATIVE EMPLOYMENT PLAN

Accomplishments:

Reviewed and analyzed selections and promotions of all positions Grade 13 and above to assess compliance with the affirmative employment plan for EEO groups under represented in CMS.

On a quarterly basis, OEOCR provided managers with a statistical workforce profile comparing each major component's workforce with the National Civilian Labor Force (CLF) data estimates provided by the Office of Personnel Management to insure that managers/supervisors are aware of under represented EEO groups in the overall CMS workforce and in their respective components.

Reviewed and consolidated the monthly diversity activities reports from components, offices, and regions.

Acquired data and prepared the annual report and updates for DHHS’ affirmative employment plan for minorities and women.

Prepared the annual report for the Affirmative Employment Program Plan for Individuals with Disabilities.

Met with CMS managers regarding the Agency’s priority to Strengthen Diversity within CMS.  The objective of these meetings was to better understand the component's hiring needs and to find ways to work more closely with CMS managers in their hiring endeavors.

Organized and conducted the Department’s 2^nd Annual Managerial Forum on Hispanic Employment issues on September 17, 2002.

Pursuant to the Agency’s12-Point Plan to Increase Hispanic Representation, OEOCR and HRMG conducted outreach activities including attendance at: 1) Conference with the National Association of Hispanic Executives; 2)  National Image Conference; 3) National Leadership summit to eliminate racial and ethnic disparities; and 4) Leadership Conference on Civil Rights.

In an effort to address the achievement gap between disadvantaged and minority students and their peers, respond to the Federal government’s future diverse workforce needs, and increase awareness in employment opportunities with the Agency, OEOCR partnered with the Department of Veterans Affairs and Baltimore City’s Patterson High School to create the Student Career Academy Youth Initiative.  This initiative is administered under the President’s “No Child Left Behind Act of 2001” and Executive Order - 13230 Educational Excellence for Hispanic Americans.

Pursuant to the Plan for Individuals with Disabilities, OEOCR: 1) attended the National Business and Disability Conference; 2) provided training to managers concerning their rights and responsibilities under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; 3) coordinated and hosted the Baltimore Federal Executive Board’s Annual Disability Awareness Training Conference; and 4) coordinated and hosted the quarterly meeting of the Maryland Disability Higher Education Network.  This is a network of twenty-eight (28) colleges and universities across the State of Maryland that meets on a quarterly basis to discuss a range of issues (recruitment, educational opportunities and training, etc.,) related to and impacting individual with disabilities.

GOAL NO. 6 - MANAGE AN AGENCY SPECIAL EMPHASIS PROGRAM AND OTHER SPECIAL ACTIVITIES

Accomplishments:

Oversaw CMS’s Advisory Hispanic Committee; the Federal Women's Program, and the Committee for Employees  with Disabilities.

Successfully planned and delivered CMS's Fourth Annual Diversity Day in June 2002.

In addition to Diversity Day, OEOCR conducted numerous special events throughout the year under the Special Emphasis Program as follows: Disability Employment Awareness Month - October 2001;  American Indian Heritage Month - November 2001; Martin Luther King Celebration - January 2002; Black History Month - February 2002; Women's History- March 2002; Holocaust Memorial - April 2002; Asian Pacific American Month - May 2002; Women’s Equality Day - August 2002; and Hispanic Heritage Month - September 2002.

GOAL NO. 7 - MEET OEOCR STAFFING NEEDS AND PROVIDE AN ENVIRONMENT CONDUCTIVE TO OEOCR'S MISSION

Accomplishments:

In FY 2002, OEOCR hired three new employees utilizing the Federal Career Intern Program.  Each new employee possesses expertise in a specific area to enhance the overall operation of OEOCR – Affirmative Employment, EEO counseling, EEO Complaints Processing, Alternative Dispute Resolution, and Outreach/Recruitment.

Provided training for staff to maintain and enhance skills necessary for them to be effective.

GOAL NO. 8 - IMPROVE INFORMATION SYSTEMS TECHNOLOGY

Accomplishments:

OEOCR created databases for tracking mediations, EEO contract investigations, and Reasonable Accommodation requests.

Re-designed OEOCR’s website to ensure that it has the most recent and most accurate information available to CMS employees and the public.

GOAL NO. 9 - COMMUNICATE WITH CMS MANAGEMENT AND OTHER CUSTOMERS REGARDING OEOCR ACTIVITIES

Accomplishments:

Conducted “meet and greet” visits to all regions to personally communicate to regional staff OEOCR's new vision and initiatives, and to personally discuss with them their EEO concerns/issues.

Provided CMS managers with EEO workforce profile information every 3-4 months.

Published CenterPage newsletter to provide information and updates on events and activities that promote diversity and equal employment opportunities.

Enhanced OEOCR's partnership with the AFGE.

Assigned OEOCR staff to attend CMS's EOD sessions in order to present an overview of OEOCR's mission, goals, and services to all new Agency hires.

Communicated extensively with CO and RO management on outreach activities.

Maintained close communications with managers in many other OEOCR activities.

GOAL NO. 10 - MANAGE THE AGENCY'S REASONABLE ACCOMMODATION PROGRAM

Accomplishments:

Reviewed 65 requests for Reasonable Accommodation:  4 withdrawn; 36 approved; 6 denied; 3 handled outside process; 16 open.

Implemented database to track requests and essential information.

Conducted briefings on Reasonable Accommodation procedures for Regional managers in Boston, New York, Atlanta, Chicago; Central Office Executive Officers; and Regional Human Resource representatives.

Distributed “DRAFT” procedures for Reasonable Accommodation to all CMS managers.

FY 2002 Goals

Office of Equal Opportunity and Civil Right
Ramon Suris-Fernandez, Director

FY 2003 will bring new challenges and opportunities for OEOCR.  However, OEOCR's mission -- to promote the fair and non-discriminatory treatment of CMS's employees and beneficiaries -- will remain the same.  In FY 2003, in support of the aforementioned goals, OEOCR will:

• Continue to address CMS's priority of strengthening diversity by meeting with management and addressing their concerns.

• Conduct outreach activities to establish connections with qualified candidates from under represented groups.

• Negotiate CMS's Affirmative Employment Plan with the AFGE.

• Re-issue EEO and Civil Rights policy statements issued under the previous Administrator, and create policy statements for Diversity and Alternative Dispute Resolution.

• Provide mandatory 8-hour training session for current EEO Counselors and mandatory 32-hour training for new EEO Counselors.

• Continue to exercise the previously-delegated authority to investigate CMS's EEO complaints.

• Provide Reasonable Accommodation briefings to senior management in Dallas, Kansas City; Denver, San Francisco; and Seattle Regional Offices.

• Continue to conduct training on Title VII - EEO in the Workplace, Title VI – Protecting the Civil Rights of Beneficiaries, Prevention of Sexual Harassment, Alternative Dispute Resolution, and the Rehabilitation Act/ the Americans with Disabilities Act.

• Continue to develop a new Memorandum of Understanding (MOU) between DHHS/OCR and CMS. This will supersede the current MOU developed in 1979.

• Sponsor a series of Brown Bag Lunch sessions dealing with issues impacting the diverse customers and populations we serve.

• Complete re-design of OEOCR's website.

• Conduct another round of “meet and greet” visits to all regions.

The OEOCR looks forward to the prospects of a new fiscal year and eagerly anticipates further involvement in CMS's Strategic Plan. While OEOCR has much to do, we look forward to the challenge of providing the leadership and vision the Agency requires to meet its obligations.