USDANEWS VOLUME 56 NO.8 - SEPTEMBER 1997

USDA Adopts Its Own Policy On Reprisals

It's To Ensure Fairness And Consistency

by Ron Hall, Office of Communications

In the past, when employees at USDA have felt they were victims of reprisal or retaliation in the workplace, they've had the backing of various federal laws and regulations to protect them from such actions.

But now they can add, to their arsenal, a policy that was written within the Department--and which applies specifically to the Department's employees.

The policy, contained in Personnel Bulletin No. 752-1, is dated July 31, 1997 and titled "Reprisal Actions Against Employees and Others."

It resulted from a recommendation contained in "Civil Rights at the United States Department of Agriculture--A Report by the Civil Rights Action Team." That 212-page report, dated Feb. 1997, was the product of the 15-person team of employees which Secretary Dan Glickman had established in Dec. 1996 to examine a number of issues related to civil rights at USDA, including employment at the Department and the delivery of its programs and services to its customers.

The May 1997 issue of the USDA News carried a story about civil rights accomplishments at USDA since the issuance of that report.

The recommendation in the report called for the Department to "Adopt a USDA policy on reprisals."

Lee Bensey, director of the Office of Human Resources Management, said that the recently-adopted policy does not create any additional rights for employees, since it is limited to actions of reprisal already made unlawful under currently existing laws and regulations.

"But the new policy does ensure that everyone at USDA is to be marching in the same direction on this issue," he advised. "This should ensure fairness and consistency in how we prevent acts of reprisal and retaliation against our employees."

The policy was developed by a six-person civil rights implementation team, or "CRIT," which was one of several teams of employees from headquarters and field offices that were set up to implement the various recommendations in the report.

Fay Shon, a program manager for forest insects and disease with the Forest Service in Portland, Ore., served as liaison for the team. "I believe," she affirmed, "that the fact that USDA now has its own policy on reprisal should, among other things, help contribute to a better work environment while complaints are being processed."

Bensey noted that the 10-page policy uses the term "reprisal" to also cover "retaliation." "It defines what is included as prohibited conduct, and notes that the prohibition applies to both words and actions," he said.

The policy advises that no employee may take reprisal against another employee for such actions as filing complaints of discrimination, complaints about safety problems, or filing grievances; for assisting investigators within the Department; or for engaging in any other protected activity.

Similarly, no employee may take reprisal against a non-employee--such as a customer of USDA programs and services--for such acts by that non-employee as filing an application for USDA assistance, seeking business with the Department, or filing a complaint against an employee.

The policy mandates that each USDA mission area is to establish at least one office for the purpose of receiving allegations--from its respective employees--of acts of non-EEO related reprisal against them. The office is to conduct an administrative inquiry into each allegation, make an assessment of its validity, and then either terminate the inquiry if the allegation is found to have no merit OR make a referral for further investigation, as appropriate.

"I emphasize that the one exception," Bensey noted, "is that these offices will not be involved in allegations of reprisal arising from EEO complaints."

The policy also mandates that each USDA mission area is to establish one Reprisal Panel at its headquarters location. As with the aforementioned offices, the purpose of each Reprisal Panel, which is composed of three employees, is to perform a review to determine the validity of allegations--from its respective employees--of acts of reprisal against them.

"But the major difference," Bensey advised, "is that Reprisal Panels are concerned only with allegations of reprisal arising from EEO complaints."

He added that the work of a Reprisal Panel is separate from, and in addition to, EEO processes. "No employee will be denied any right because of the operation of a Reprisal Panel," he emphasized.

Bensey pointed out that the employee relations function within each mission area personnel office is responsible for analyzing investigations of alleged acts of prohibited reprisal, including recommendations from the Reprisal Panels--and for initiating such disciplinary or adverse actions as are appropriate.

He added that USDA's new policy on reprisal will be evaluated over the next 15 months, with modifications expected as appropriate when the policy expires on Dec. 31, 1998. ¤

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