EMPLOYMENT ADJUDICATION DIVISION (EAD)

 

FINAL AGENCY DECISIONS

In accordance with the U.S. Equal Employment Opportunity Commission (Commission)

regulations at 29 C.F.R. § 1614, the Office of Assistant Secretary for Civil Rights, the United States Department of Agriculture (USDA), is responsible for developing and implementing equal employment complaint processing procedures consistent with the Commission’s regulations.  

USDA through the Employment Adjudications Division (EAD) within the Center for Civil Rights Enforcement, is responsible for issuing Final Agency Decisions (FAD) on formal merit complaints, procedural complaints, requests for compensatory damages (including attorneys’ fees), and allegations of noncompliance.  EAD's main function is to independently and objectively analyze the facts and apply the applicable laws to complaints of employment discrimination filed by current and former USDA employees, or applicants for USDA employment and to then objectively and impartially issue FADs on the merits.

The final adjudication function is designed to be q quicker and easier way for the complainant to receive and administrative determination on the merits of the case instead of having to have the case heard by EEOC at the hearing.  The process is final, required to be completed in 60 days after the complainant elects a final agency decision and the FAD is appealable to the  EEOC Office of Federal Operations (OFO).

 

COMPLIANCE MONITORING OF CASES

In addition to issuing FADs, EAD is also required to monitor all findings of discrimination, settlement agreements, EEOC and MSPB Orders of Relief to ensure that all terms are adhered to and that the agency is in compliance with the terms of all findings, settlement agreements and Orders of Relief.  EAD also remains current with all Executive Orders and stays abreast of changes in EEOC law and direction provided by courts of law, and EEOC.

 

Major Functions:

To enforce Title VII of the Civil Rights Act of 1964, 29 CFR Part 1614, MD-110, DR-4300-007, DR-4040-735-001, and all other applicable statutes, rules, laws and regulations.

Pursuant to the applicable regulatory authorities, EAD:

  • Reviews Reports of Investigation and write Final Agency Decisions applying the above;
  • Monitors all settlement instruments to ensure compliance with the same;
  • Analyzes complaints of non-compliance and write Final Agency Decisions addressing all non-compliance allegations;
  • Addresses all remands from the EEOC;