U.S.

DEPARTMENT OF JUSTICE

OPERATIONAL DIVERSITY MANAGEMENT PLAN

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Civil Rights Divisron

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Career Deputy Assistant Attomey General

Civil Rights Division

202-514-2151

I.

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On April 30, 2010, the Attorney General issued the Department's Diversity Management Plan, charging all DOJ components with developing and implementing plans "to improve the effectiveness of the Justice Department's recruitment, hiring, retention, and professional development efforts." In that Department Plan, the Attorney General stated: "the Justice Department is stronger, more credible, and more effective when its workforce includes qualified individuals whose backgrounds reflect our nation's rich diversity, and when its work environment encourages all of its employees to develop and to thrive professionally." The benefits of a diverse workforce are particularly important for the Civil Rights Division, which is charged with enforcing many of the nation's civil rights laws in every corner of the country. To that end, Assistant Attomey General Tom Perez has made the creation and implementation of a Diversity Plan for the Civil Ri-ehts Division a high priority, and has taken a number of steps to ensure that that priority is not only met, but also institutionalized within the Division. Those steps include the creation of the Division's Diversity and Equal Opportunity Advisory Council in May 2010. The Council was originally chaired by the Chief of Staff and comprised of a cross-section of attorneys and professional staff from each of the Division's sections. Council members were assigned to working groups charged with examining the fullrange of recruitment, hiring and professional life in the Division and rvith recommending best practices for fostering a diverse, highly-qua1ified workforce that ri'ould enjoy equal opporhrnity for all to flourish professionally. The working groups developed a number of thou-ehtful and critical recommendations which have been discussed by the Council as a u.hole and with Assistant Attorney General Perez. Many of those recommendations had been implemented by the Division already; a number of those recommendations are incorporated as part of this plan.
Some of the best practices that have been implemented already by Assistant Attorney General Tom Perez to reflect the Division's commitment to fostering a diverse work

environment are: Creating written hiring and promotion policies setting forth clear and transparent criteria and procedures. Posting all vacancies (excepted service and competitive service positions) on the Division's website and on USAJobs, and posting all excepted service attorney positions on the Office of Attorney Recruitment and Management's (OARM) website. Due to budgetary constraints and the Department's hiring freeze, some recent vacancies have been open to internal applicants only, and have been posted on the Division's intranet. Increasing recruitment efforts to broaden the pool of qualified applicants, including outreach to a variety of educational institutions such as historically Black colleges and universities, and law schools with significant Native American student bodies; outreach to specialty bar associations, such as the National Black Prosecutors Association and the Hispanic National Bar Association; and creating an outreach list of civil rights and disability-related organizations, and distributing vacancy announcements to those organizations in an effort to expand recruitment efforts to attract qualified under-represented applicants, including those with

disabilities. Providing mandatory training for all employees involved in the hiring process, including training on equal employnent opportunity, diversity, special hiring authorities for qualified applicants with targeted disabilities, and reasonable accommodations.

o o o o

Collecting (on a voluntary basis) and analyzing applicant demographic data for 100+ attorney vacancies filled since November 2009. Having almost all of the Division's managers attend the National Advocacy Center Foundations of Leadership Program. utilizing a curriculum designed specifically for the Division. Assigning a Division employee to sen'e on detail to work on the development and implementation of this Plan.
Designating an Attomey Skill Development Coordinator and a Disability Point of Contact.

The CRT Operational Diversity Management Plan set forth in part IV, below, is designed to foster effective diversity management within the Division, sustain progress over time, and ensure accountability for results. That Plan fulf,rlls the requirements set forth in Associate Attorney General Thomas Perrelli's Memorandum of April 22,2017 and contains the on-going initiatives and practices of the Civil Rights Division, as well as measures to be implemented prospectively. That Operational Plan also incorporates the

required elements set forth in the Division's Preliminary Diversity Plan, submitted June 30,2010 that have been implemented already.

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The Civil Rights Division is comprised of a staff of talented and diverse attomeys and professional staff working hard to help the Division further its mission of enforcing the nation's civil rights laws. The Division is stronger, more credible, and more effective in its civil rights enforcement work on behalf of individuals and communities throughout the country when its workforce includes highly qualified employees with backgrounds, cultures and traditions that reflect our Nation's rich diversity. The Division is committed to being a model employer and a leader in promoting and ensuring equal opportunity. The Division is committed to fostering an inclusive and diverse work environment, and attracting and retaining a workforce that represents the range ofpersonal and professional backgrounds, and experiences and perspectives that arise from differences of culture and circumstances. The Division is committed to implementing and adhering to employment policies and practices that are fair and transparent, and ensuring that all employees have an opporlunity to flourish professionally and succeed in the Division without regard to race, color, religion, national origin, age, sex (including pregnancy and gender identity), sexual orientation, disability (physical or mental), marital status, status as a parent, genetic information, political affiliation, membership or non-membership in an employee organization, military service, personal favoritism or other non-merit factors.

III.

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The Division's current workforce profile, see Attachment C, reflects the rich diversity within the Division, in both attomey and non-attorney positions. Of particular note is the diversity of the attorney workforce in the Division relative to the percentages of attorneys in the Census Bureau's 2000 nation-wide and Washington metropolitan area civilian labor force data (i.e., the "CLF" data) and relative to the Department as a whole.
Because the 2010 Census data is not yet available and the demographic make-up of the national and local attorney workforce likely changed between the 2000 and the 2010 Census, the Division also looked at the more cuffent demographic data collected by the

American Bar Association for minority law student enrollment. As reflected in Table 1 (below) and in Attachment C, the Division's attomey r,vorkforce is diverse relative to the increasing diversity within the attorney population reflected in the ABA 1aw student
data.l Some highlights from that information are as follows:

Note that the ABA includes individuals u'ho identi$'as Pacific Islanders in a category "Asian and Pacific Islander," rather than in the NHOPI categor)'used b1'the Census Bureau.

TABLE 1 -- CTVIL RIGIITS DIYISION CURRENTWORKFORCE DATA -- HIGHLIGHTS

0
(J

40

a
O O

:.=
z >c,
2.31%
1 no/ L.L /O

>, _ti

E>

be
7.7%
2.2o/n

= a
CRT Attornevs
34% r0.8% t5.9%
21.9%
ZZ -)-/o

7.9%
). )10
3

15.1% 3.9% 7.9% 6.5%

10/ I /O

1 10/

.)70 .2%
10/ .z /o

.3% 0% 0%

Attorney CLF
Nationwide Attornev CLF

- DC/Iletro

2.3% 3.2%
1 t.a/o ^O/

-i70

t.3%

ABA 2008-2009 JD Enrollment ABA 2009-2010 JD Enrollment *

DO.I-lYide Attornevs

5.8%
O-

.8%
,9%

I"/o

7.8%

::

ao/ 16.4% a.L /o 6.8% 4.5% 4% 0% .4% 2.8% ^ AIAN: American Indian / Alaska Native; NHOPI : Native Hawaiian / Other Pacific Islanders; shaded areas : data not available

.4%

IV.

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INTRAS

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A.

Establishment of a Civil Rights Division Diversity Council

In June 2010, Assistant Attorney General Perez empanelled the Division's Diversity and Equal Opportunity Advisory Council, comprised of a cross-section of attorneys and professional staff from each of the Division's sections. The original membership and composition of the Council is set forth below:

1. 2.

Chair: Leon Rodriguez, Chief of Staff and Deputy Assistant Attorney

General*2

Attorney Members: Anthony Archeval, Assistant Employrnent Counsel, Office of Emplolnnent Counsel+ Antoinette Barksdale, Trial Attomey, Employment Litigation Section Allison Brown, Trial Attorney. Education Opportunities Section* Marta Campos, Trial Attorney. Housing and Civil Enforcement Section Lisa Edwards, Trial Attorney. Appellate Sectionx Diana Flynn, Chief, Appellate Section Sabrina Whitehead Jenkins. Equal Opportunity & Diversity Advisor Christopher Lomax, Trial Attorney, Criminal Section Alberto Ruisanchez, Acting Deputy, Disability Rights Section Luis Saucedo, Acting Deputy Chief, Special Litigation Section Jon Seward, Deputy Chiel Housing and Civil Enforcement Section

Council members marked with an * are

nol

former Division employees.

Karen Stevens, Acting Chief, Policy and Strategy Section phil Telfeyan, Trial itto*"y, office of Special counsel for ImmigrationRelated Unfair Employment Practices Gaye Tenoso, Deputy Chief, Office of Tribal Justice Office Kaihleen Toomey, Deputy Director, Professional Development and Bharathi venkatramur, Atto*"y Advisor, Federal coordination ComPliance Section Joy Welan, itiul Atto*ey, Disability Rights Section Carol Wong, Trial Attorney, Employnent Litigation Section
J.

Non-AttorneY Members: Kathy Anderson, Management Analyst, Administrative Management Section* German Bonilla, Civil Rights Analyst, Voting Section Rights Section Yolanda Hi11iard, Equal Opportunity Specialist, Disability Section Lisa Jackson, supervisory Equal opportunity Specialist, criminal Management Linda Johnson, Human Resources officer, Administrative Section coordination wonder Moore-Davis, Equal opportunity Specialist, Federal and ComPliance Section* LisaMoore,supervisoryEqualopportunitySpecialist,Employment Litigation Section Adrian Reames, Secretary, Education Opportunities Section

4.

Advisors: Linda

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5.

Johnson, Human Resources officer; Diana Ernbrey, Counsel; Jessica Ginsburg, Director of the Professional

Development Office.

working Groups: council members rvere assigned to the following working groups, which ultimately reported to the Council: Attorney Recruitment & Hiring: chaired by Jon Seward and Alberto
Ruisanchez

Mentoring,PeerSupport&Training;ChairedbySabrinaWhitehead
Jenkins and Kathleen ToomeY Work Life; Chaired by Antoinette Barksdale professionat Satisfaciion 8. Retention; Chaired by Marta Campos and Bharathi Venkatraman' promotional opportunities; chaired by Diana Flynn and Gaye Tenoso. Non-Attorney Issues: Chaired by Yolanda Hilliard and Kathy Anderson' This working goup considered allof the above issues as they affect non-attorneYs'

B.

Diversitv Council By-Larvs

The Division's Diversity Council Bylaws are attached as Attachment A. Consistent with the Guiding Principles issued by the Department, the Bylaws provide that the Council will take steps to ensure compliance with the core elements with the Department's Diversity Management Plan and the Division's Diversity Operational Plan; identify priorities and measures for demonstrating successful achievement of the Division's Diversity Operational Plan goals and objectives; and meet at least twice ayear with Assistant Attorney General Perez. The Division and the Diversity Council will review and assess current practices and programs, and propose new initiatives where appropriate, in the areas of outreach and recruitment, hiring, retention (including assignments, promotions and other terms and conditions of employment), training and professional development, to determine where enhancements may be beneficial to create a longstanding and enduring commitment to fostering diversity and inclusion within the Division.

C.

Diversity Management Training

1.

Basic Principles for the Division's Diversity Management Training

. . . .
)

Developing awareness of diversity issues in management and of improper barriers to inclusion. Developing best practices for promoting professional development of all members of the workforce. Conducting mandatory supervisor training that includes training on performance evaluations and methods for promoting effective employee performance. Seeking out examples of institutions in the public and private sector that have successfully promoted workforce diversity.

Diversity-Related Training Provided Currently In addition to annual EEO training. the Division includes diversity training in its two-day supen'isor trainin*e curriculum. The training incorporates a discussion of diversity principles. the Department's diversity initiative, the Division's diversity plan. and statistics on the Division's workforce, as well as a discussion of applicable lau's. Supervisors also receive training on the provision of reasonable accommodations to applicants and employees, and on merit s1'stem principles.

3.

Future Diversitp' Training

The Division is commined to pror iding additional training to the extent necessary to ensure that dir ersitl'principles are fu1ly embraced within the

Division. The Department held a Depafiment-wide diversity training program in November 2011, and will issue parameters for diversity training by components. The Division will utilize the training and/or guidance from the Department in developing regular diversity training for all Division employees, as resources permit.
D.

Supervisorv Performance Measures

The Civil Rights Division will utilize the standard supervisory performance measures related to diversity approved and issued by the Department.

E.

Additional Management Accountability

Based on the recommendation from the Division's Diversity Working Groups, particularly the Work Life Working Group, the Division will develop clear lines of managerial accountability for implementation of the elements of this Plan.

F.

Analvsis of Workforce Demographic & Occupational Profile

The basic workforce profile information requested by the Attorney General is attached as Attachment C. As set forth in Part III, above, the Division periodically reviews its workforce and applicant demographic data to ensure that its outreach efforts are effective and to identify any barriers to equal employment opportunity in our hiring practices.

In addition, as discussed below, in 2009-2010, the Division implemented an online application system for all attorney vacancies, asked applicants to report - on a voluntary basis - their race, ethnicity, gender and disabilrty data, and tracked those data to assess the diversity of our applicant pools and to identify any barriers to equal employment opporfunity.
G.

AAG/CRT Leadership Listenins Tours

In the fall of 2009, immediately follou.ing his confirmation, Assistant Attorney General Percz embarked on a comprehensive listening tour of the Division, visiting each section for meetings u'ith manasers and with all staff to articulate his vision for the Division and, just as importantll'. to provide staff the opportunity to provide direct and candid comments and concerns to senior managers. The leadership's commitment to dir-ersitl'and a candid assessment of the Division's strengths and weaknesses in this area. for both attorney and professional nonattorney staff, were overarchin-e themes of these sessions. These sessions were repeated in the winter of 2010-101 1.

H.

Workplace Survevs
Diversity issues rvere also central to the content and design of the Division-wide surveys of Division emplol.ees in 1009-1010. 2010-2011, and 2012. Each of those surveys was used to assess emplor ee morale, to identify changes to affect

positively the workplace culture, and to effectively achieve the Division's goals. In addition, the results of the survey formed a baseline for monitoring the effectiveness of future progress. Employees had the option of identifying their race, ethnicity, and gender, which allowed the Division to assess rvhether responses to the questions differed significantly between employees of different races, ethnicities, and genders. This will also allow the Division to track differences in perceptions over time, a benchmark suggested by the 2003 KPMG study. The Division plans to continue utilizing this survey tool annually.

I.

Recruiting Commitment/Applicant Flow Data

The Division took specific steps to reach a diverse pool of applicants for the Division's unprecedented experienced attornev and non-attomey professional hrnns in late hirins rn ta 2009 and 1010. TFDi lverse hlnng commlttees in every-Eilon and sent job amouncement notices to a r,vide array of organizations and individuals, including associations of minority attorneys and prosecutors, and disability-related organrzations. The Division also devoted significant effort to creating an on-line application system that allowed, and will in the future allow, the Division to track applicant flow data and assess the diversity of our applicant pool, and identify any barriers to equal employment opportunity. See Page 9, number 5 and page 15,G.

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V.

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TNCLUDTNG

Consistent with Executive Order 13548,Increasine Federal Employment of Individuals with Disabilities, July 26,2010, and the Attorney General's directive to increase emplo5,ment opportunities for applicants and employees rvith disabilities, the Division has taken and will continue to take affirmative steps torvard recruiting and hiring individuals with disabilities for excepted, competitive and senior executive service positions, including attorney positions.

A.

Disability Proeram Manaser (DP\I)

The Division has designated a Disabilit-v Program Manager on the OARM website at http://wwwjustice.govrcareers,leeai,'disabiliq/-poc.html who is responsible for implementing efforts to increase recruiting and hiring of individuals with disabilities.

B.

Recruitment & Hiring

The Division employs a number of affirmatir.'e steps to recruit and hire qualified individuals with disabilities. including individuals with targeted disabilities. Those steps include:

1.

Distributing all r'acancv announcements via email to an outreach list of dozens of disabilitr-related organizations.

2.

Including language in all vacancy announcements and on the Division's internet site where jobs are posted encouraging qualified applicants with disabilities, including targeted disabilities, to apply.
Encouraging hiring managers to utilize the special hiring authorities established by the Office of Personnel Management (OPM) for individuals with disabilities, including 5 C.F.R. $ 213.310201) for hiring readers, interpreters and personal assistants for employees with severe disabilities, and 5 C.F.R. $ 213.3102(u) for hiring individuals with certain targeted disabilities, such as blindness, deafness and missing extremities.

3.

4.

Utilizing an on-line application system for all attorney vacancies and for most non-attorney vacancies that prompts applicants to voluntarily selfidentify disabilities, including targeted disabilities. The Disability Program Manager notifies selecting officials when applicants with
targeted disabilities have applied and provides guidance regarding applicable special hiring authorities.

5.

Reviewing aggregate applicant flow data, including the number of applicants who voluntarily self-identified as having disabilities, aft.er a selection process for a particular vacancy has concluded to assess the effectiveness of outreach/recruitment efforts and to evaluate whether there are any artificial barriers in the hiring process. Including language in all vacancy announcements and on the Division's internet site providing applicants with disabilities who need reasonable accommodations - such as application materials in an altemate format, a sign language interpreter or assistance attending an interview - with the contact information for our Reasonable Accommodation Coordinator.

6.

The Division has begun developing rvritten -zuidance for selecting officials regarding hiring individuals with disabilities, including maximizing use of special hiring authorities. To ensure consistency rvith Department policies, the Division will finalize and implement Division-level ,zuidance after the issuance of Department-wide guidance. The Division has designated trvo representatives to serve on the Department-wide Disability Employment Committee created pursuant to Executive Order 13548.

C.

Training
The Division requires all emplol'ees participating in the hiring process, including all employees who serve on hiring committees, to attend mandatory in-house training on equal employment oppornrnit,v and merit system principles. That training includes segments addressing the available hiring authorities for

individuals with disabilities, as well as the process for providing reasonable accommodations to applicants in the application andlor interview process, and what can and cannot be said about disabilities andlor accommodations during interviews. The Division includes a segment on reasonable accommodations in its annual EEO training program, as well as in the mandatory supervisor training program.
D.

Periodic Review of Work Force Disabilitv Data

The Division recently re-surveyed its current workforce to collect more accurate data on the number of employees with disabilities (as some employees developed new disabilities or their disabilities have changed since being hired, while others have not self-identified as having disabilities) and to update that information relative to the nerv disability codes contained in the SF-256 Self-Identification of Disability (revised July 2010). The aggregate data from that re-survey, as well as data collected from applicants rvho voluntarily self-identify as having disabilities, will be reviewed to assess the effectiveness of the Division's outreach and recruitment efforts toward achieving the Department-wide two percent hiring goal of individuals with targeted disabilities.

E.

Promotions
The Division issued a written policy governing the process for attorney promotions, including providing obj ective, performance-based measures for promotions, to ensure that the process is fair to all employees, including those with disabilities.

F.

Reasonable Accommodations The Division has taken a number of proactir e steps to ensure that employees with disabilities are provided the accommodations necessary to enable them to succeed and excel in their jobs. To that end. in \lay. 2010. the Division issued a comprehensive written policy gor-emin-e reasonable accommodations; designated a part-time Reasonable Accommodation \'lanager with responsibility for general oversight of the accommodation process and a full-time Reasonable Accommodation Coordinator (R-AC) to serr'e as a neutral liaison between management and the individual throughout the accommodation process, gather the necessary documentation and information. and work with the individual and management to find an appropriate accommodation. The RAC regularly attends Department and federal government training programs and conferences that address and support the emplolment needs of individuals with disabilities. The Division also created an on-line s)'stem for submitting accommodation requests and a tracking system (u'ithout individual identifiers) to enable the Division to track its compliance s'ith the Rehabilitation Act, including assessing aggregate data, volume. cost and repeat accommodation requests that may warrant systemic changes. In addition. the Dir-ision's Employment Counsel provides
l0

advice to managers receiving accommodation requests to ensure compliance with all obligations under the Rehabilitation Act.

G.

Compliance with Section 508 of the Rehabilitation Act

The Division has established a Section 508 Working Group which developed a written policy designed to ensure the accessibility of electronic and information technology to applicants and employees with disabilities consistent with Section 508 of the Rehabilitation Act, 29 U.S.C. $ 794d. The policy creates a process for ensuring that products, services and websites are equally accessible to individuals with disabilities.

VI.

RecRurrurrur
The Division has taken and will continue to take affirmative steps toward recruiting a broad and diverse pool of applicants for attorney positions, including:

A.

Division Emplovment \Yeb Page

The Division has an "Employment Opportunities" page on its website, and includes on that page:

Postings for all attorney and non-attorney vacancies (competitive, excepted and senior executive service); those vacancies are also posted on USAJobs; and all attorney vacancies are also posted on the OARM website. Due to budgetary constraints and the Department's hiring freeze, some recent vacancies have been open to internal applicants only, and have been posted on the Division's intranet. Postings for all law intern vacancies; in 2011, the Division successfully placed special emphasis on broadening the range of institutions that received notice of our summer clerkship opporlunities.

o o o o o

Links to the Division's written policies governing lateral attorney hiring, attorney managff hiring, Honors Program hiring and Summer Law Intern Program (SLIP) hiring.
The Division's EEO policy.

Instructions for applicants u'ho need accommodations in the application, interview or hiring process. Anemailaddress(CRT.SpecProeVacancies@usdoj.eov)where individuals and/or organizations can request to be added to the Division's outreach list, which receives notices of Division vacancies.

1l

B.

Increased Outreach to Oualified Minority Applicants

As part of its overall outreach and recruitment efforts, the Division has taken concrete steps to attract qualified minority applicants, including:
Sending notices of attorney job announcements to a comprehensive list of organizations and associations, including national, state and local minority bar and prosecutor's associations around the country. These organizations <amgn up for notification of future announcements on the Division's

website.

Working with OARM and the Department's Office of Tribal Justice (OTJ) between January and May 2010 to send representatives to nine of the ten law schools rvith the hig!.rt Xgjl: ATerican gn{ollmsnltruggluct presentations on inteffi6-nf,a6@Einng, lncluomg law schools in Aizona, Colorado, Ner,v Mexico, Oklahoma, and Wisconsin. The visits included sessions with both the general student body and smaller events aimed at Native American and Indigenous law student organrzations. We are working to sustain outreach efforts and are hopeful that direct outreach and one-on-one contact with a wide-variety of students in this relatively small community will generate more applications from qualified Native American students.
Expanding recruitment at historically black colleges and universities, law scho o I s wiiilhi gh-m in-iTiyrffiT-l ment. a geographic area. Senior Division leaders visited law schools including American University, City University of New York, Georgetolvn University, Harvard Law School, Howard Law School, North Carolina Central University Law School, University of California Berkeley, University of South Carolina, University of Southern California, and the University of Washington. Expanding recruitment efforts at lau' schools rvith hi-sh African American,

Asian,NativeHau-aiianandotherPacificIs1anders.@
rs rrogram oTEnrolhent, travel and case management data to link recruiting visits to other Division travel.

ispanic enrollment t-oiihe

--

iTles. usin_e _eeographic mappln_e

Sending Division representatives to minority larv and prosecutor associations' job fairs and conventions. includin.q the jlational Black

ffition. ffiBar-\sst-r"-

ProsecutorsAssociation.theFedera1IndianLari:Con@
the

\ational -\sian Pacific American gai-.

Associatio-n.TheDiversin'andEqualOppornrnity-ffir:frdi6caGhas r---confucted outreach targetinq specialtl bar associations in California, Georgia, and Alabama. uhile also suppor-ting similar efforts by the AAG in other cities.

!:

C.

Increased Outreach to Oualified Applicants with Disabilities As set forth in Part V, above, the Division has taken a number of steps to attract qualified applicants with disabilities for vacancies.

D.

Review of Applicant Demographic Data, and Assessment of Effectiveness of Recruitment & Outreach Efforts As set forth in Part VII.G, below, the Division is reviewing applicant demographic data to assess the effectiveness of its recruitment and outreach practices, and will continue to improve those efforts where needed.

E.

Creation of a Recruitment Committee

The Division

"vill sectionofemp1oye.,,uhoawschoo1s,conferences

create a Rec44ilq9g!-.lCommittee comprised of a diverse cross-

and elsewhere.
F.

Addition of Cover Letter Requirement for Attorney Applicants

The Civil Rights Division will amend its hiring policies and practices to require that attorney applicants submit a cover letter highlighting relevant experience and interest in the work of the Division.

VII.

HrnrNc
The Civil Rights Division is an equal opportunity employer and all hiring decisions within the Division must be consistent with principles of fairness, as well as all laws, rules, and regulations pertaining to equal employment opportunity, merit systems principles and prohibited personnel practices. Discrimination based on race, color, religion, national origin, age, sex (including pregnancy and gender identity), sexual

orientation,disability(physicalormental),maritalstafus,si@1,genetic

information, political atlliation, membership or non-membership in an employee organtzation, military service, personal favoritism or other non-merit factors are strictly prohibited. All Division employees must refrain from taking personnel actions, including making hiring decisions, based on those protected criteria. To that end, the Division has taken a number of steps to ensure a fair, transparent and merit-based hiring process, including:

A.

Written Hiring Policies

Beginning in 2009, the Division assessed its hiring policies and practices, particularly for attorney hirin,e. and revised andlor issued new written policies for attorney and attorney mana-ser hiring. See Attachments F and G. The hiring practices set forth in those policies are based on the recommendations from a working group of career Dir-ision managers. Those hiring policies are posted on
13

the Division's intranet and internet sites and available to all employees and

applicants for employment. Going forward, the Division will develop written policies for non-attorney hiring.
B.

Vacancy Announcements (competitive, excepted and senior executive service) will be posted publicly, including on USAJobs, the Office of Attomey Recruitment and Management's (OARM) website (for attorney vacancies), and the Division's website. The Division also posts all law intern vacancies on the Division's website.
A11 vacancies

Announcements for experienced attorney positions must be open for a minimum of three (3) weeks with specific opening and closing dates, and must list the minimum qualifications and, where applicable, the preferred qualifications for the position. C.

On-Line Application System

To ensure that all applicants have an equal opportunity to apply and be considered for vacancies, in January 2010, the Division began utilizing an on-line application system to collect and review application materials for all attorney vacancies; and the Division's hiring policies provide that hiring managers may consider only applicants who applied through the on-line application system.

D.

Use of

lliring

Committees

To ensure that hiring decisions are made consistent with equal opportunity and merit system principles, the Division requires that all vacancies for career attorney and non-attorney positions be filled based on the recommendations of a hiring ittee's objective is to ensure that all aspects of committee. The hiri diversity are fully incorporated in each-o
age, and sexual orientationtrare been incorporated through the use of hiring

----:-

ender,

committees andior interv'iew teams. E.

Reference Checks
As part of the hiring process, reference checks must be conducted on all applicants recofilmended for hire.

F.

Training for Emplovees Involved in the Hiring Process

The Division's annual EEO training includes training on equal employrnent opportunity, merit system principles and prohibited personnel practice laws, rules and regulations. The Division requires all employees participating in the hiring

1:+

attend process, including all employees who serve on hiring committees, to and merit system mandatory in-house trainingon equal employment opportunity

f.ir.ipf..
skills.
G.

and policies relevant to interviewing and

hiring,

as

well

as

interviewing

face, sex, encouraging attorney applicants to voluntarily self-identify their provided to nationaiorilin and dlruUlfity information. This information is not hiring plocess hiring managers at any time during the hiring process. After the any personally has c.included, aggrelate demoglaphic data (i.e., data without designated by the identifying informatiJn) is reviewed by Division personnel process is fair AAG to ensure that outieach efforts are effective and that the hiring work toward collecting and non-discriminatory. Going forward, the Division will and nonand assessi.rg uggr"guie applicant demographic data for all-attorney utto*"y hiriig i!"l.r, urrd uggr.gate applicant data, as well as current workforce assess outreach data, wil1be Jaied with thebiversity Council bi-annually to efforts.

the Division began Since January 2OlO,as part of the on-line application syslem,

H. for the 20llAlthough the Division did not participate in the Honors Program will implement a number Z1l2hinngcycle, for future hiring cycles, the Division applicants to of changes to th" hi.it g process going forward, including asking submit f .or.. t"tt"t t'igt'tighti"g thtit, that subgroups enforcement, and."ffii-"t rring the application review process such discuss the applicants to be selected =51i6e h'g"'c6mmittee meet io reviiw and for interview and recommended for hire' policies and practices to The Division will continue to revierv and reassess its hiring diversity, consistent with ensure that they promote equal employment opporrunity and merit system PrinciPles.

V[I.

PRorrsstoNerDsvnLoPturur variety of training The Division,s professional Development Office (PDO) provides a management to progfams for employees of all levels, and works closely with Section programs' The PDO ia""tity additional tiaining needs and develop appropriate training from all meets periodically with airaining committee, rvhich includes membership on training initiatives and mandates, Sections within the Division, to share information the Department's and solicit ideas for training events. The PDO works closely with component training offices to share training National Advocacy Center (NAC) and other of employees at all levels' resources and develop training ploglams that meet the needs

t5

A.

Attorney Skill Development Coordinator

The Division has designated Jessica Ginsburg, Director of the Professional Development Office, to serve as the Attorney Skill Development Coordinator. The work of the PDO is spotlighted on the DOJNET diversity site. See http:l I 10.1 4. 1 00. 1 8 5/diversity/practices/prof-dev.php#required The PDO also provides training for non-attomey staff of all levels. Training programs have included a half-day workshop on controlled correspondence for secretaries, and monthly training opporlunities on legal research and cite checking for paralegal staff. In addition, there are monthly training events geared towards non-attorneys, as well as multiple other programs.

B.

Manager & Supervisor Training

The Division provides a mandatory two-day supervisor training program that focuses on performance management, effective communication and management skills, and professional development issues, including practical guidance for ensuring that personnel decisions are fair, transparent and oonsistent with equal employment opportunity and merit system principles. The agenda for the CRT supervisor training is featured as an "effective practice" on the DOJNET diversity site. See http://10.14.100.185/diversity/practices/prof-dev-2 .php#cat-2

In addition, a highly respected former Division Section Chief was brought on board as an executive coach and resource for all Section managers. Among other things, she, in conjunction with the PDO, hosted monthly brown bag lunches for Deputy Chiefs and Special Litigation Counsel to provide training on requested topics, enable the managers to share ideas and issues, and provide an opportunity for natural mentoring relationships to develop. She also hosted periodic brown bags for Section Chiefs with similar goals.
C.

Formal Attornev Orientation Program

The Division provides a week-long orientation program for new attomeys. The program features segments with the Assistant Attorney General and the Front Office staff, which introduces the participants to the leadership of the Division, as well as with the Chiefs of each Section, w'hich provides insight into the diversity i;al of the work performed by Division atto iScovery, and oral presentations, and introduces administrative issues such as travel, information technology, and the Freedom of Information Act. The agenda for this program is featured as a "Core Element Spotlight" on the DOJNET diversity site; see also Attachment E for a sample agenda.

D.

Attorney Development Deputies

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will continue utilization or will commence utilization of an "Attomey Development Deputy." This individual should give attention to the training of and opportunities for development of lawyers at all levels, not just at the junior
Sections

ranks. For example, attomeys interested in competing for attorney management jobs may self-identify that interest, and work with their Development Deputy toward developing the skills and experience needed to meet the qualifications for
management positions.

The sections should a1low, and consider requiring, each attomey to develop and keep a career development plan, which could be used in discussions with the Attorney Development Deputy or a Mentor, or with a Rating Official in progress review meetings. E.

Division Training for Experienced Attornevs Interested in Becoming Managers

The Division is developing a series of training programs in communication and leadership skills that will be available to interested non-management attomeys who wish to develop their skills further. The first pilot session, entitled "Best Practices for Leading Case Teams," was held August 2,2011, and additional sessions are being developed for 2012.

F.

Attorney Mentor Program

The Division participates fully in the OARM's mentor program for attorneys. In addition to meeting their Section management early in their tenure, the orientation program described above provides new attorneys r,vith the opportunity to interact with the AAG and Front Office staff shortly after their arrival. The Division hosts a reception for Honors Program attorneys and their mentors in the fall. Going forward, the Division will also develop mentoring program for other professionals in the Division.

G.

Individual Development Plans

The Division is evaluating the use of Individual Development Plans for all employees, which would set forth specific training and experience, as well as set target timelines for completion.

H.

Training Details to U.S. Attornevs' Offices

The Division's Criminal Section currently uses details to the local USAOs to provide intensive litigation skill development to new attorneys, especially Honors Program hires. The Division has used comparable details to the Civil Division of the U.S. Attorney's Office for the Eastern District of Virginia to assist in developing the skills of its civil litigators. Future details will be pursued to the extent consistent with staffing and resource constraints.

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I"

Training Through Pro Bono Work

The Division considers the Department's pro bono program as an important training opportunity for staff at all levels. The Division encourages employees to engage in pro bono cases, not only for the societal benefit but also for the opportunity pro bono cases often present in terms of witness interyiews and incourt experience"

J.

Training For Non-Attorneys To Assist In Their Advancement

The Division is committed to assisting non-attomeys advance throughout the ranks. To that end, the Division will support non-attomeys who wish to obtain appropriate training, internally within the Division or at the Department level, so that they may obtain the necessary skills to advance within the Division.

IX.

RrrnNrroN
Employees are the Division's most valuable resource; therefore, in an effort to retain employees, the Division has taken or is considering taking a number of steps, including:

A.

Classification Assessment
In order to retain high performing non-attorneys, the Division has worked with a contractor with knowledge of federal position classification and position management, and knowledge of classifying positions in a legal environment, to conduct an independent review of some non-attorney positions to assure that positions are essential, soundly designed, adequately described, and accurately classified. It is anticipated that in the future, a contractor or a person designated by the AAG will utilize federal position classification standards to encourage uniformity and equity in the classification of positions, and determine if the right mix of positions exists within and amongst the various sections, and in comparison to other Department of Justice litigating components.

B.

Work Life Options

In July 2011, the Division issued a Flexible Work Options Policy that provides a number of options to employees to balance work and family/outside commitments, including teleworking, alternative rvork schedules, part-time work and job sharing, where such options are consistent with the workload and needs of the Division.

X.

PRoruouorus

The Division has taken and will continue to take affirmative steps toward ensuring that its policies, criteria and procedures for promotions are fair, transparent and equitable.

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A.

Written Promotions Policy

On December 7 ,2009, the Division issued a written policy governing the process for attorney promotions, including providing obj ective, performance-based measures for promotions, to ensure that the process is fair to all employees.

In addition, going forward, selecting officials are encouraged to give careful consideration to all internal applicants for management positions, and when an internal candidate is not selected for a management position in a Section, the Section should consider making a selecting official available to meet with intemal candidates who were not selected, upon request.
B.

Developing Management & Leadership SkiIIs for Attorneys Interested in Promotion

The Division will take a number of steps to assist attomeys interested in developing management and leadership skills to do so, including:

Making training in communication and leadership skills available to interested senior attorneys who do not yet hold management positions. A pilot session entitled "Best Practices for Leading Case Teams" was held August 2,2011, and additional sessions are being developed for 2012.
Sections are invited to consider rotating "acting" management positions to allow capable, senior attorneys to obtain experience in management, even when there is no opening.
ru

xI.

WoRxLrrr

rur Cryn Rrcsrs DrvIstol

The Division assessed a number of issues related to the day-to-day work of its employees, including case assignments, evaluations and awards, to ensure that all aspects of employment are fair and transparent for all employees.

A.

Case Assignments

The Division issued Case Assignment Principles (See Attachment B), and has instructed each Section within the Division to generate policies based on those principles. The principles are designed to promote transparency and equity in the distribution of assignments and to ensure that each attorney has a fair opportunity to handle matters appropriate to the attorney's experience and skill. The policy invites Section Managers to "advertise" assignments by notifying attorneys of new matters and other opporhrnities for assignments, and providing an opportunity for them to request particular assignments. Assignments are to be monitored to ensure that all attorneys are given a fair opporfunity to handle assignments of increasing complexity and importance, depending on experience. skill, and current caseload, and to ensure that workload is distributed fairly.

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B.

Evaluations of Supervisors
Through the OPM 360 Program, the Division has initiated the opportunity for employees to provide managers with feedback on their performance. For the first round of the OPM 360 Program, the Division's Executive Coach was available to provide counseling to managers after they received their results.

C.

Flexible Work Options

As noted above, the Division recently issued a Flexible Work Options Policy that provides a number of options to employees to balance work and family/outside commitments, including teleworking, alternative work schedules, part-time work and job sharing, rvhere such options are consistent with the workload and needs of the Division.

D.

Performance Evaluations and Alvards

The Report of the Work Life Working Group identified significant and longstanding concerns, particularly among minority attorneys, about equity and transparency in management practices, including the process for issuing performance evaluations and awards. The Working Group offered thoughtful and innovative recommendations to remedy these concerns. The Division will empanel a management-level working group to examine the performance evaluation and awards processes, as well as the specific recommendations of the Work Life Working Group, and to develop clear and transparent policies governing those processes. Notably, for the first time, the Division in2011 opened the process for nominations for Division-level awards to allow employees to nominate each other.

xI.

Spncral, NoN-ArtonNrv INrrrarrvss

The Division's Diversity Council considered it a high-priority to hear the voices of employees in jobs other than those of the attorneys. There was consensus among the members of the Council that a key goal of the Diversity initiative is to ensure opportunities for professional satisfaction and advancement for all employees in the Division. The members of the Non-Attorney Working Group also participated in an additional working group. To promote satisfaction and advancement for all employees, the following additional will be undertaken:

measures

vide outreach to colleges, universities and s. A mar institutions will be utilized routinely to disseminate employment opportunities when available.

A concerted effi

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The Division has or is in the process of issuing policies governing a number of issues that affect the day-to-day work of its employees, including non-attorneys. For instance, the Division has issued policies governing details and flexible work options that set forth fair and transparent processes for all employees.

Xll.

Tnq.NspA,RENcvANoSusrA.Nasrur#
The Division is committed to developing concrete and lasting policies and practices that will ensure that diversity efforts are sustainable for years to come.

G=:-

A.

Creation of Written. Transparent Policies

As set forth above, the Division has developed a number of clear, fair and transparent policies, including policies governing the attorney hiring and promotion processes and the provision of reasonable accommodations. The policies are available to all Division employees on the Division's intranet; and all hiring-related policies are available to prospective applicants on the Division's internet site.
The Division will post all approved management policies and procedures including those regarding leave, awards, training, professional development opportunities and promotions on the intranet. The Division is committed to achieving sustainability and transparency in all policies and procedures it implements. The Division is planning to issue written policies on a number of other topics, including performance evaluations and awards. The Division's Diversity Operational Plan willbe posted on the Division's internet and intranet sites; in addition, the Division's intranet includes a link to the Department's Diversity webpage.

B.

Opening Channels of Communication

As set forth above, the Division has worked to open the channels of communication from all employees and to encourage input from all levels within the Division by, for example, including a cross-section of the Division on the newly created Diversity Council. As set forth in Part IV.F, above, the Assistant Attomey General also conducted a number of "listening tour" sessions and employee surveys to encourage input from all employees and to foster a constructive dialogue within the Division. Assistant Attomey General Perez and all members of his staff are open to input from employees on a continuing basis.

C.

Staff Meetings. Surveys & Brown Bag Presentations

The Division will hold regular staff meetings and brown bag presentations to

2l

focus on a my,riad of issues including diversity in the areas of case assignments, professional development and internal human capital issues, management, lmployee recognition and employee feedback. In addition, as discussed above, the Division has conducted and will continue to conduct periodic surveys of employees to solicit feedback and gauge where improvements may be needed.

D.

Modifications to Website
The Civil Rights Division will modify its intranet and intemet sites to make clear its commitment to diversity. The website will be maintained and regularly updated to keep the information available up-to-date, relevant, easily accessible, complete and accurate.

E.

Conducting Exit Interviews

The Division will reinstitute its policy of conducting exit interviews to obtain candid information from employees who voluntarily separate.

During the exit interview, the interviewer will ask the departing employee to provid'e information about his/her work experience, to identify what may have influenced the decision to leave, to address what was attractive about his,&rer new employment opportunity (if applicable), and to provide feedback to improve Olvislon practices and, ultimately, retention. The interviewer should convey the Division's genuine concern about the separating employee's well-being and an openness to understand both the positives and negatives of the person's
experience within the Division.

The exiting employee will have the option of having a face-to-face meeting or completin! un o.r-ii.r" questionnaire prior to his,her separation. The Division will also ass.rr" the separating employee that no negatir,'e consequences will result from honest communications during the exit interv'iew' The Division will review the results of exit inten'iews and address areas in need of improvement.

XUI.

RsLnvANr Docuunxrs
The Division has attached the following documents to support its Operational Diversity Management Plan:

A. B. C.

Civil Rights Division Diversity Council Bylaws Civil Rights Division March
18, 2011 Case Assignment Principles

Civil Rights Division Current Workforce Profile

22

D. E. F. G. H. I.

Survey Questionnaires for 2009-2010,2010-2011, and 20Il-2012

Sample

Civil Rights Division New Attorney Orientation Program Agendas

Civil Rights Division December 3,2009 Experienced Attorney Hiring Policy Civil Rights Division June 14, 2010 Attorney Manager Hiring Policy Civil Rights Division May 28, 2010 Reasonable Accommodation Policy Civil Rights Division July 13, 2011 Flexible Work Options Policy

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