U.S. DEPARTMENT OF JUSTICE

OPERATIONAL DIVERSITY MANAGEMENT PLAN

CoupoNuNr: Civil Rights Divisron

PorNr or Coxuct:

Career Deputy Assistant Attomey GeneralCivil Rights Division202-514-2151

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On April 30, 2010, the Attorney General issued the Department's Diversity ManagementPlan, charging all DOJ components with developing and implementing plans "to improvethe effectiveness of the Justice Department's recruitment, hiring, retention, andprofessional development efforts." In that Department Plan, the Attorney General stated:

"the Justice Department is stronger, more credible, and more effective when itsworkforce includes qualified individuals whose backgrounds reflect our nation's richdiversity, and when its work environment encourages all of its employees to develop and

to thrive professionally." The benefits of a diverse workforce are particularly importantfor the Civil Rights Division, which is charged with enforcing many of the nation's civilrights laws in every corner of the country.

To that end, Assistant Attomey General Tom Perez has made the creation andimplementation 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 alsoinstitutionalized within the Division. Those steps include the creation of the Division'sDiversity and Equal Opportunity Advisory Council in May 2010. The Council wasoriginally chaired by the Chief of Staff and comprised of a cross-section of attorneys andprofessional staff from each of the Division's sections. Council members were assignedto working groups charged with examining the fullrange of recruitment, hiring andprofessional 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 flourishprofessionally.

The working groups developed a number of thou-ehtful and critical recommendationswhich have been discussed by the Council as a u.hole and with Assistant AttorneyGeneral Perez. Many of those recommendations had been implemented by the Divisionalready; a number of those recommendations are incorporated as part of this plan.

Some of the best practices that have been implemented already by Assistant AttorneyGeneral 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 historicallyBlack 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 Collecting (on a voluntary basis) and analyzing applicant demographic data for

100+ attorney vacancies filled since November 2009.

o 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.

o Assigning a Division employee to sen'e on detail to work on the development and

implementation of this Plan.

o Designating an Attomey Skill Development Coordinator and a Disability Point ofContact.

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 inAssociate 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

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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 inits 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 therange ofpersonal and professional backgrounds, and experiences and perspectives thatarise 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 employeeorganization, military service, personal favoritism or other non-merit factors.

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The Division's current workforce profile, see Attachment C, reflects the rich diversitywithin 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 civilianlabor 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 studentdata.l

Some highlights from that information are as follows:

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

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TABLE 1 -- CTVIL RIGIITS DIYISION CURRENTWORKFORCE DATA -- HIGHLIGHTS0

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CRT Attornevs 34% 7.9% 15.1% 1 10/ .)70 .3% 2.31% 7.7% 2.2o/n

Attorney CLF -Nationwide

r0.8% ). )10 3.9% 2.3% .2% 0% 1 no/L.L /O

Attornev CLF - DC/Iletro t5.9% 3 -i70 7.9% 3.2% 10/.z /o 0% t.3%

ABA 2008-2009 JDEnrollment

21.9% 5.8% 6.5% 1 ^O/t.a/o .8%

ABA 2009-2010 JDEnrollment

ZZ -)-/o O- I"/o 10/I /O 7.8% ,9%::

DO.I-lYide Attornevs 16.4% ^ ao/a.L /o 6.8% 4.5% 4% 0% .4% 2.8% .4%

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* AIAN: American Indian / Alaska Native; NHOPI : Native Hawaiian / Other Pacific Islanders; shaded

areas : data not available

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A. Establishment of a Civil Rights Division Diversity Council

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

1. Chair: Leon Rodriguez, Chief of Staff and Deputy Assistant AttorneyGeneral*2

2. Attorney Members:

Anthony Archeval, Assistant Employrnent Counsel, Office ofEmplolnnent Counsel+

Antoinette Barksdale, Trial Attomey, Employment Litigation SectionAllison Brown, Trial Attorney. Education Opportunities Section*Marta Campos, Trial Attorney. Housing and Civil Enforcement SectionLisa Edwards, Trial Attorney. Appellate SectionxDiana Flynn, Chief, Appellate SectionSabrina Whitehead Jenkins. Equal Opportunity & Diversity AdvisorChristopher Lomax, Trial Attorney, Criminal SectionAlberto Ruisanchez, Acting Deputy, Disability Rights SectionLuis Saucedo, Acting Deputy Chief, Special Litigation SectionJon Seward, Deputy Chiel Housing and Civil Enforcement Section

2 Council members marked with an * are nol former Division employees.

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Karen Stevens, Acting Chief, Policy and Strategy Section

phil Telfeyan, Trial itto*"y, office of Special counsel for Immigration-

Related Unfair Employment Practices

Gaye Tenoso, Deputy Chief, Office of Tribal Justice

Kaihleen Toomey, Deputy Director, Professional Development Office

Bharathi venkatramur, Atto*"y Advisor, Federal coordination and

ComPliance Section

Joy Welan, itiul Atto*ey, Disability Rights Section

Carol Wong, Trial Attorney, Employnent Litigation Section

Non-AttorneY Members:

Kathy Anderson, Management Analyst, Administrative Management

Section*German Bonilla, Civil Rights Analyst, Voting Section

Yolanda Hi11iard, Equal Opportunity Specialist, Disability Rights Section

Lisa Jackson, supervisory Equal opportunity Specialist, criminal Section

Linda Johnson, Human Resources officer, Administrative Management

Sectionwonder Moore-Davis, Equal opportunity Specialist, Federal coordination

and ComPliance Section*

LisaMoore,supervisoryEqualopportunitySpecialist,EmploymentLitigation Section

Adrian Reames, Secretary, Education Opportunities Section

Advisors: Linda Johnson, Human Resources officer; Diana Ernbrey,

e.rrplol*"rt 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

RuisanchezMentoring,PeerSupport&Training;ChairedbySabrinaWhitehead

Jenkins and Kathleen ToomeY

Work Life; Chaired by Antoinette Barksdaleprofessionat 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'

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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 Bylawsprovide that the Council will take steps to ensure compliance with the coreelements with the Department's Diversity Management Plan and the Division'sDiversity Operational Plan; identify priorities and measures for demonstratingsuccessful 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 practicesand programs, and propose new initiatives where appropriate, in the areas ofoutreach and recruitment, hiring, retention (including assignments, promotionsand other terms and conditions of employment), training and professionaldevelopment, to determine where enhancements may be beneficial to create a

longstanding and enduring commitment to fostering diversity and inclusion withinthe Division.

Diversity Management Training

1. Basic Principles for the Division's Diversity Management Training

. Developing awareness of diversity issues in management and ofimproper barriers to inclusion.

. Developing best practices for promoting professional developmentof all members of the workforce.

. Conducting mandatory supervisor training that includes training onperformance evaluations and methods for promoting effectiveemployee performance.

. Seeking out examples of institutions in the public and privatesector that have successfully promoted workforce diversity.

Diversity-Related Training Provided Currently

In addition to annual EEO training. the Division includes diversity trainingin its two-day supen'isor trainin*e curriculum. The training incorporates a

discussion of diversity principles. the Department's diversity initiative, theDivision's diversity plan. and statistics on the Division's workforce, as

well as a discussion of applicable lau's. Supervisors also receive trainingon the provision of reasonable accommodations to applicants andemployees, and on merit s1'stem principles.

Future Diversitp' Training

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

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Division. The Department held a Depafiment-wide diversity trainingprogram in November 2011, and will issue parameters for diversitytraining by components. The Division will utilize the training and/orguidance from the Department in developing regular diversity training forall Division employees, as resources permit.

Supervisorv Performance Measures

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

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 linesof managerial accountability for implementation of the elements of this Plan.

Analvsis of Workforce Demographic & Occupational Profile

The basic workforce profile information requested by the Attorney General isattached as Attachment C. As set forth in Part III, above, the Divisionperiodically reviews its workforce and applicant demographic data to ensure thatits outreach efforts are effective and to identify any barriers to equal employmentopportunity in our hiring practices.

In addition, as discussed below, in 2009-2010, the Division implemented an on-line application system for all attorney vacancies, asked applicants to report - on avoluntary basis - their race, ethnicity, gender and disabilrty data, and trackedthose data to assess the diversity of our applicant pools and to identify anybarriers to equal employment opporfunity.

AAG/CRT Leadership Listenins Tours

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

Workplace Survevs

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

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positively the workplace culture, and to effectively achieve the Division's goals.In addition, the results of the survey formed a baseline for monitoring theeffectiveness of future progress. Employees had the option of identifying theirrace, ethnicity, and gender, which allowed the Division to assess rvhetherresponses to the questions differed significantly between employees of differentraces, ethnicities, and genders. This will also allow the Division to trackdifferences in perceptions over time, a benchmark suggested by the 2003 KPMGstudy. 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 theDivision's unprecedented experienced attornev and non-attomey professional

hrnns rn tahirins in late 2009 and 1010. TFDi lverse hlnng commltteesin every-Eilon and sent job amouncement notices to a r,vide array of

'r organizations and individuals, including associations of minority attorneys andprosecutors, and disability-related organrzations. The Division also devotedsignificant effort to creating an on-line application system that allowed, and willin the future allow, the Division to track applicant flow data and assess thediversity of our applicant pool, and identify any barriers to equal employmentopportunity. See Page 9, number 5 and page 15,G.

V. RncnurruENT AND Erronrs ro HIRE PrRsoNs wrrH Drsa,srr,rrrEs, TNCLUDTNG

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Consistent with Executive Order 13548,Increasine Federal Employment of Individualswith Disabilities, July 26,2010, and the Attorney General's directive to increaseemplo5,ment opportunities for applicants and employees rvith disabilities, the Divisionhas taken and will continue to take affirmative steps torvard recruiting and hiringindividuals with disabilities for excepted, competitive and senior executive servicepositions, including attorney positions.

A. Disability Proeram Manaser (DP\I)

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

B. Recruitment & Hiring

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

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

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Including language in all vacancy announcements and on the Division'sinternet site where jobs are posted encouraging qualified applicants withdisabilities, including targeted disabilities, to apply.

Encouraging hiring managers to utilize the special hiring authoritiesestablished by the Office of Personnel Management (OPM) for individualswith 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 targeteddisabilities, such as blindness, deafness and missing extremities.

Utilizing an on-line application system for all attorney vacancies and formost non-attorney vacancies that prompts applicants to voluntarily self-identify disabilities, including targeted disabilities. The DisabilityProgram Manager notifies selecting officials when applicants withtargeted disabilities have applied and provides guidance regardingapplicable special hiring authorities.

Reviewing aggregate applicant flow data, including the number ofapplicants who voluntarily self-identified as having disabilities, aft.er a

selection process for a particular vacancy has concluded to assess theeffectiveness 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'sinternet site providing applicants with disabilities who need reasonableaccommodations - such as application materials in an altemate format, asign language interpreter or assistance attending an interview - with thecontact information for our Reasonable Accommodation Coordinator.

The Division has begun developing rvritten -zuidance for selecting officialsregarding hiring individuals with disabilities, including maximizing use of specialhiring authorities. To ensure consistency rvith Department policies, the Divisionwill finalize and implement Division-level ,zuidance after the issuance ofDepartment-wide guidance.

The Division has designated trvo representatives to serve on the Department-wideDisability Employment Committee created pursuant to Executive Order 13548.

Training

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

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individuals with disabilities, as well as the process for providing reasonableaccommodations to applicants in the application andlor interview process, andwhat can and cannot be said about disabilities andlor accommodations duringinterviews. The Division includes a segment on reasonable accommodations inits annual EEO training program, as well as in the mandatory supervisor trainingprogram.

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 developednew disabilities or their disabilities have changed since being hired, while others

have not self-identified as having disabilities) and to update that informationrelative to the nerv disability codes contained in the SF-256 Self-Identification ofDisability (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 attorneypromotions, including providing obj ective, performance-based measures forpromotions, to ensure that the process is fair to all employees, including those

with disabilities.

Reasonable Accommodations

The Division has taken a number of proactir e steps to ensure that employees withdisabilities 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 ReasonableAccommodation Coordinator (R-AC) to serr'e as a neutral liaison betweenmanagement and the individual throughout the accommodation process, gatherthe necessary documentation and information. and work with the individual andmanagement to find an appropriate accommodation. The RAC regularly attendsDepartment and federal government training programs and conferences thataddress and support the emplolment needs of individuals with disabilities.

The Division also created an on-line s)'stem for submitting accommodationrequests and a tracking system (u'ithout individual identifiers) to enable theDivision to track its compliance s'ith the Rehabilitation Act, including assessing

aggregate data, volume. cost and repeat accommodation requests that may warrantsystemic changes. In addition. the Dir-ision's Employment Counsel provides

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advice to managers receiving accommodation requests to ensure compliance withall 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 informationtechnology to applicants and employees with disabilities consistent with Section508 of the Rehabilitation Act, 29 U.S.C. $ 794d. The policy creates a process forensuring that products, services and websites are equally accessible to individualswith 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, andincludes on that page:

. Postings for all attorney and non-attorney vacancies (competitive,excepted and senior executive service); those vacancies are also posted onUSAJobs; and all attorney vacancies are also posted on the OARMwebsite. Due to budgetary constraints and the Department's hiring freeze,some recent vacancies have been open to internal applicants only, andhave been posted on the Division's intranet.

o Postings for all law intern vacancies; in 2011, the Division successfullyplaced special emphasis on broadening the range of institutions thatreceived notice of our summer clerkship opporlunities.

o Links to the Division's written policies governing lateral attorney hiring,attorney managff hiring, Honors Program hiring and Summer Law InternProgram (SLIP) hiring.

o The Division's EEO policy.

o Instructions for applicants u'ho need accommodations in the application,interview or hiring process.

o Anemailaddress(CRT.SpecProeVacancies@usdoj.eov)whereindividuals and/or organizations can request to be added to the Division'soutreach list, which receives notices of Division vacancies.

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B. Increased Outreach to Oualified Minority Applicants

As part of its overall outreach and recruitment efforts, the Division has takenconcrete steps to attract qualified minority applicants, including:

Sending notices of attorney job announcements to a comprehensive list oforganizations and associations, including national, state and local minoritybar and prosecutor's associations around the country. These organizations

<amgn up for notification of future announcements on the Division'swebsite.

Working with OARM and the Department's Office of Tribal Justice (OTJ)between January and May 2010 to send representatives to nine of the tenlaw schools rvith the hig!.rt Xgjl: ATerican gn{ollmsnltruggluctpresentations on inteffi6-nf,a6@Einng, lncluomg law schools inAizona, Colorado, Ner,v Mexico, Oklahoma, and Wisconsin. The visitsincluded sessions with both the general student body and smaller eventsaimed at Native American and Indigenous law student organrzations. Weare working to sustain outreach efforts and are hopeful that direct outreachand one-on-one contact with a wide-variety of students in this relativelysmall community will generate more applications from qualified NativeAmerican students.

Expanding recruitment at historically black colleges and universities, lawscho o I s wiiilh i gh-m in-iTiyrffiT-l ment. a

geographic area. Senior Division leaders visited law schools includingAmerican University, City University of New York, GeorgetolvnUniversity, Harvard Law School, Howard Law School, North CarolinaCentral University Law School, University of California Berkeley,University of South Carolina, University of Southern California, and theUniversity of Washington.

Expanding recruitment efforts at lau' schools rvith hi-sh African American,Asian,NativeHau-aiianandotherPacificIs1anders.@

ispanic enrollment t-oiihe -- rs rrogramiTles. usin_e _eeographic mappln_e oTEnrolhent, travel and

case management data to link recruiting visits to other Division travel.

Sending Division representatives to minority larv and prosecutorassociations' job fairs and conventions. includin.q the jlational BlackProsecutorsAssociation.theFedera1IndianLari:Con@ffition. the \ational -\sian Pacific American gai-.ffiBar-\sst-r"-Associatio-n.TheDiversin'andEqualOppornrnity-ffir:frdi6caGhas

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confucted outreach targetinq specialtl bar associations in California,Georgia, and Alabama. uhile also suppor-ting similar efforts by the AAGin other cities.

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Increased Outreach to Oualified Applicants with Disabilities

As set forth in Part V, above, the Division has taken a number of steps to attractqualified applicants with disabilities for vacancies.

Review of Applicant Demographic Data, and Assessment of Effectiveness ofRecruitment & Outreach Efforts

As set forth in Part VII.G, below, the Division is reviewing applicantdemographic data to assess the effectiveness of its recruitment and outreachpractices, and will continue to improve those efforts where needed.

Creation of a Recruitment Committee

The Division "vill

create a Rec44ilq9g!-.lCommittee comprised of a diverse cross-sectionofemp1oye.,,uhoawschoo1s,conferencesand elsewhere.

Addition of Cover Letter Requirement for Attorney Applicants

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

VII. HrnrNc

The Civil Rights Division is an equal opportunity employer and all hiring decisionswithin the Division must be consistent with principles of fairness, as well as all laws,rules, and regulations pertaining to equal employment opportunity, merit systemsprinciples and prohibited personnel practices. Discrimination based on race, color,religion, national origin, age, sex (including pregnancy and gender identity), sexualorientation,disability(physicalormental),maritalstafus,si@1,geneticinformation, political atlliation, membership or non-membership in an employeeorgantzation, military service, personal favoritism or other non-merit factors are strictlyprohibited. All Division employees must refrain from taking personnel actions, includingmaking hiring decisions, based on those protected criteria.

To that end, the Division has taken a number of steps to ensure a fair, transparent andmerit-based hiring process, including:

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 forattorney and attorney mana-ser hiring. See Attachments F and G. The hiringpractices set forth in those policies are based on the recommendations from aworking group of career Dir-ision managers. Those hiring policies are posted on

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the Division's intranet and internet sites and available to all employees andapplicants for employment. Going forward, the Division will develop writtenpolicies for non-attorney hiring.

Vacancy Announcements

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

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

On-Line Application System

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

Use of lliring Committees

To ensure that hiring decisions are made consistent with equal opportunity andmerit system principles, the Division requires that all vacancies for career attorneyand non-attorney positions be filled based on the recommendations of a hiringcommittee. The hiri ittee's objective is to ensure that all aspects ofdiversity are fully incorporated in each-o

ender,----:-age, and sexual orientationtrare been incorporated through the use of hiringcommittees andior interv'iew teams.

Reference Checks

As part of the hiring process, reference checks must be conducted on allapplicants recofilmended for hire.

Training for Emplovees Involved in the Hiring Process

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

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process, including all employees who serve on hiring committees, to attend

mandatory in-house trainingon equal employment opportunity and merit system

f.ir.ipf.. and policies relevant to interviewing and hiring, as well as interviewing

skills.

G.

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

encouraging attorney applicants to voluntarily self-identify their face, sex,

nationaiorilin and dlruUlfity information. This information is not provided to

hiring managers at any time during the hiring process. After the hiring plocess

has c.included, aggrelate demoglaphic data (i.e., data without any personally

identifying informatiJn) is reviewed by Division personnel designated by the

AAG to ensure that outieach efforts are effective and that the hiring process is fair

and non-discriminatory. Going forward, the Division will work toward collecting

and assessi.rg uggr"guie applicant demographic data for all-attorney and non-

utto*"y hiriig i!"l.r, urrd uggr.gate applicant data, as well as current workforce

data, wil1be Jaied with thebiversity Council bi-annually to assess outreach

efforts.

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Although the Division did not participate in the Honors Program for the 20ll-Z1l2hinngcycle, for future hiring cycles, the Division will implement a number

of changes to th" hi.it g process going forward, including asking applicants to

submit f .or.. t"tt"t t'igt'tighti"g thtit,enforcement, and."ffii-"t rring the application review process such that subgroups

=51i6e h'g"'c6mmittee meet io reviiw and discuss the applicants to be selected

for interview and recommended for hire'

The Division will continue to revierv and reassess its hiring policies and practices to

ensure that they promote equal employment opporrunity and diversity, consistent with

merit system PrinciPles.

V[I. PRorrsstoNerDsvnLoPturur

The Division,s professional Development Office (PDO) provides a variety of training

progfams for employees of all levels, and works closely with Section management to

ia""tity additional tiaining needs and develop appropriate training programs' The PDO

meets periodically with airaining committee, rvhich includes membership from all

Sections within the Division, to share information on training initiatives and mandates,

and solicit ideas for training events. The PDO works closely with the Department's

National Advocacy Center (NAC) and other component training offices to share training

resources and develop training ploglams that meet the needs of employees at all levels'

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A. Attorney Skill Development Coordinator

The Division has designated Jessica Ginsburg, Director of the ProfessionalDevelopment 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. Trainingprograms have included a half-day workshop on controlled correspondence forsecretaries, and monthly training opporlunities on legal research and cite checkingfor paralegal staff. In addition, there are monthly training events geared towardsnon-attorneys, as well as multiple other programs.

Manager & Supervisor Training

The Division provides a mandatory two-day supervisor training program thatfocuses on performance management, effective communication and management

skills, and professional development issues, including practical guidance forensuring that personnel decisions are fair, transparent and oonsistent with equal

employment opportunity and merit system principles. The agenda for the CRTsupervisor training is featured as an "effective practice" on the DOJNET diversitysite. 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 onboard as an executive coach and resource for all Section managers. Among otherthings, she, in conjunction with the PDO, hosted monthly brown bag lunches forDeputy Chiefs and Special Litigation Counsel to provide training on requested

topics, enable the managers to share ideas and issues, and provide an opportunityfor natural mentoring relationships to develop. She also hosted periodic brownbags for Section Chiefs with similar goals.

Formal Attornev Orientation Program

The Division provides a week-long orientation program for new attomeys. Theprogram features segments with the Assistant Attorney General and the FrontOffice 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 diversityof the work performed by Division atto i;al

iScovery, and oral presentations,and introduces administrative issues such as travel, information technology, andthe Freedom of Information Act. The agenda for this program is featured as a

"Core Element Spotlight" on the DOJNET diversity site; see also Attachment Efor a sample agenda.

Attorney Development Deputies

B.

C.

D.

16

E.

Sections will continue utilization or will commence utilization of an "AttomeyDevelopment Deputy." This individual should give attention to the training ofand opportunities for development of lawyers at all levels, not just at the juniorranks. For example, attomeys interested in competing for attorney managementjobs may self-identify that interest, and work with their Development Deputytoward developing the skills and experience needed to meet the qualifications formanagement 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.

Division Training for Experienced Attornevs Interested in BecomingManagers

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 "BestPractices for Leading Case Teams," was held August 2,2011, and additionalsessions are being developed for 2012.

Attorney Mentor Program

The Division participates fully in the OARM's mentor program for attorneys. Inaddition to meeting their Section management early in their tenure, the orientationprogram described above provides new attorneys r,vith the opportunity to interactwith 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. Goingforward, the Division will also develop mentoring program for other professionals

in the Division.

Individual Development Plans

The Division is evaluating the use of Individual Development Plans for allemployees, which would set forth specific training and experience, as well as set

target timelines for completion.

Training Details to U.S. Attornevs' Offices

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

F.

G.

H.

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I" Training Through Pro Bono Work

The Division considers the Department's pro bono program as an importanttraining opportunity for staff at all levels. The Division encourages employees toengage in pro bono cases, not only for the societal benefit but also for theopportunity pro bono cases often present in terms of witness interyiews and in-court experience"

J. Training For Non-Attorneys To Assist In Their Advancement

The Division is committed to assisting non-attomeys advance throughout theranks. To that end, the Division will support non-attomeys who wish to obtainappropriate 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 retainemployees, 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 positionmanagement, and knowledge of classifying positions in a legal environment, toconduct an independent review of some non-attorney positions to assure thatpositions are essential, soundly designed, adequately described, and accuratelyclassified. It is anticipated that in the future, a contractor or a person designatedby the AAG will utilize federal position classification standards to encourageuniformity and equity in the classification of positions, and determine if the rightmix of positions exists within and amongst the various sections, and incomparison 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/outsidecommitments, including teleworking, alternative rvork schedules, part-time workand job sharing, where such options are consistent with the workload and needs ofthe Division.

X. PRoruouorus

The Division has taken and will continue to take affirmative steps toward ensuring that itspolicies, 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-basedmeasures for promotions, to ensure that the process is fair to all employees.

In addition, going forward, selecting officials are encouraged to give carefulconsideration to all internal applicants for management positions, and when an

internal candidate is not selected for a management position in a Section, theSection should consider making a selecting official available to meet withintemal candidates who were not selected, upon request.

Developing Management & Leadership SkiIIs for Attorneys Interested inPromotion

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

. Making training in communication and leadership skills available tointerested senior attorneys who do not yet hold management positions. Apilot session entitled "Best Practices for Leading Case Teams" was heldAugust 2,2011, and additional sessions are being developed for 2012.

. Sections are invited to consider rotating "acting" management positions toallow capable, senior attorneys to obtain experience in management, evenwhen there is no opening.

WoRxLrrr ru rur Cryn Rrcsrs DrvIstol

The Division assessed a number of issues related to the day-to-day work of itsemployees, including case assignments, evaluations and awards, to ensure that all aspects

of employment are fair and transparent for all employees.

Case Assignments

The Division issued Case Assignment Principles (See Attachment B), and has

instructed each Section within the Division to generate policies based on thoseprinciples. The principles are designed to promote transparency and equity in thedistribution of assignments and to ensure that each attorney has a fair opportunityto handle matters appropriate to the attorney's experience and skill. The policyinvites Section Managers to "advertise" assignments by notifying attorneys ofnew matters and other opporhrnities for assignments, and providing an

opportunity for them to request particular assignments. Assignments are to bemonitored to ensure that all attorneys are given a fair opporfunity to handleassignments of increasing complexity and importance, depending on experience.skill, and current caseload, and to ensure that workload is distributed fairly.

B.

xI.

A.

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B. Evaluations of Supervisors

Through the OPM 360 Program, the Division has initiated the opportunity foremployees to provide managers with feedback on their performance. For the firstround of the OPM 360 Program, the Division's Executive Coach was available toprovide counseling to managers after they received their results.

Flexible Work Options

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

Performance Evaluations and Alvards

The Report of the Work Life Working Group identified significant and long-standing concerns, particularly among minority attorneys, about equity and

transparency in management practices, including the process for issuingperformance evaluations and awards.

The Working Group offered thoughtful and innovative recommendations to

remedy these concerns. The Division will empanel a management-level workinggroup to examine the performance evaluation and awards processes, as well as thespecific recommendations of the Work Life Working Group, and to develop clearand transparent policies governing those processes. Notably, for the first time, theDivision in2011 opened the process for nominations for Division-level awards to

allow employees to nominate each other.

Spncral, NoN-ArtonNrv INrrrarrvss

The Division's Diversity Council considered it a high-priority to hear the voices ofemployees in jobs other than those of the attorneys. There was consensus among themembers of the Council that a key goal of the Diversity initiative is to ensure

opportunities for professional satisfaction and advancement for all employees in theDivision. 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 additionalmeasures will be undertaken:

A concerted effi vide outreach to colleges, universities ands. A mar

institutions will be utilized routinely to disseminate employment opportunities

C.

D.

xI.

when available.

20

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

Xll. Tnq.NspA,RENcvANoSusrA.Nasrur#G=:-

The Division is committed to developing concrete and lasting policies and practices thatwill ensure that diversity efforts are sustainable for years to come.

A. Creation of Written. Transparent Policies

As set forth above, the Division has developed a number of clear, fair andtransparent policies, including policies governing the attorney hiring andpromotion processes and the provision of reasonable accommodations. Thepolicies are available to all Division employees on the Division's intranet; and allhiring-related policies are available to prospective applicants on the Division'sinternet site.

The Division will post all approved management policies and procedures

including those regarding leave, awards, training, professional developmentopportunities and promotions on the intranet. The Division is committed toachieving sustainability and transparency in all policies and procedures itimplements.

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'sinternet and intranet sites; in addition, the Division's intranet includes a link to theDepartment's Diversity webpage.

B. Opening Channels of Communication

As set forth above, the Division has worked to open the channels ofcommunication from all employees and to encourage input from all levels withinthe Division by, for example, including a cross-section of the Division on thenewly created Diversity Council.

As set forth in Part IV.F, above, the Assistant Attomey General also conducted anumber of "listening tour" sessions and employee surveys to encourage inputfrom all employees and to foster a constructive dialogue within the Division.Assistant Attomey General Perez and all members of his staff are open to inputfrom 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 ofemployees to solicit feedback and gauge where improvements may be needed.

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.

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 willalso 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. Civil Rights Division Diversity Council Bylaws

B. Civil Rights Division March 18, 2011 Case Assignment Principles

C. Civil Rights Division Current Workforce Profile

D.

E.

22

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

E. Sample Civil Rights Division New Attorney Orientation Program Agendas

F. Civil Rights Division December 3,2009 Experienced Attorney Hiring Policy

G. Civil Rights Division June 14, 2010 Attorney Manager Hiring Policy

H. Civil Rights Division May 28, 2010 Reasonable Accommodation Policy

I. Civil Rights Division July 13, 2011 Flexible Work Options Policy

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