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REPONSIBLE MANAGEMENT OFFICIAL (RMO)

WHAT IS A REPONSIBLE MANAGEMENT OFFICIAL

When an EEO complaint has been filed against the Natural Resources Conservation Service, the employee or applicant often names an individual as the person they perceived to have discriminated against them. The use of RMO “Responsible Management Official” is the nomenclature used to identify official. In other words, the employee has identified the RMO as the one that has committed the discriminating act based on his/her race, color, religion, sex, national origin, age disability or reprisal (for previous EEO activity), and is responsible for the action(s) or made decision(s) that harmed the Complainant. The RMO should understand the Federal Equal Employment Opportunity (EEO) Complaints Process and the ADR process so s/he can help the Agency resolve the complaint promptly. The RMO’s participation and cooperation in the EEO complaint process is necessary as required by EEO regulations.


RMO RIGHTS AND RESPONSIBILITIES

A management official is responsible for ensuring that his/her employment decisions and practices are fair, equitable, and based on merit. S/he is responsible for the quality of the work environment under his/her supervision, and must ensure that all employees are free from harassment and retaliation. In addition to being responsible for his/her own actions, s/he is also responsible for the interactions of employees under his/her supervision. If one of his/her employees believes that his/her actions or decisions were based on prohibited discrimination, he/she can access the EEO Complaint system in order to resolve his/her issues. As the RMO you have certain rights and responsibilities, which are listed below:


THE RMO HAS THE RIGHT:
  • To be informed of all allegations of discrimination made against him/her. An EEO Counselor will contact the RMO by email or by telephone after a complaint has been received in the Civil Rights Division. The EEO Counselor will serve as the point of contact during the Pre-Complaint process.
  • To be given the opportunity to respond to allegations of discrimination made by an employee or applicant and provide any supporting documentation.
  • To obtain a personal representative, at his/her own expense. The Office of General Counsel represents the agency and cannot be the RMO representative. In general, if a RMO acted within the scope of his/her official duties, s/he should not need representation.
  • To contact the Civil Rights Division if s/he have any questions or concerns about the EEO complaint process.
  • To identify witnesses by name, title, office location, and telephone numbers that can provide relevant information that will refute the allegations made against him/her. Understand that the EEO Counselor will determine what interviews and documentation are necessary to process an EEO Complainant. If the EEO Counselor deems information to be redundant or irrelevant, s/he is not obligated to accept it.

IT IS THE RMO RESPONSIBILITY:
  • To fully cooperate with the EEO Counselor. The EEO Counselor has a neutral role in the complaint process, and does not represent either party. The EEO Counselor does not form an opinion of the merits for either side, so there is nothing to gain by alienating the EEO Counselor in the EEO complaint process.
  • To be informative and answer questions to the best of your ability. (Refer to your notes and supporting documentation, and if you can not recall an answer, just say so.) You are also required to provide requested documentation in a timely manner.
  • Make every effort to be available to assist the EEO Counselor, mediator, or others processing a complaint of discrimination.
  • To understand and familiarize yourself with the EEO Alternative Dispute Resolution (ADR) process so you can assist the agency in resolving the complaint promptly.
  • To participate in ADR meetings, if the aggrieved employee has elected to participate in the ADR process. This includes adjusting your schedule to participate in an eight (8) hour meeting with the aggrieved employee and trained mediator.
  • To demonstrate “a good faith effort” in resolution/settlement attempts. A resolution/settlement can be attempted at any stage of the EEO complaint process. Always remember that a resolution or settlement of a complaint is in the best interest of the agency.
  • Offer suggestions or alternatives to resolve or settle the EEO complaint at the lowest level.
  • To ensure all terms agreed to in a Settlement Agreement are implemented and followed according to what the agreement states.
  • Be careful not to take any action or fail to take any action that may be considered to be retaliatory towards an employee or witnesses that you believed have or will participate in the EEO complaints process. Retaliation can be found even if there is no merit to the complaint.
  • Treat the employee’s complaint as a highly confidential matter and limit your discussion to a need to know basis. The EEO complaint information should be discussed with only individuals that are associated with the complaint.
  • Let your supervisor know that you have been named in an EEO complaint.
  • Do not take an EEO complaint personally. Avoid altering your behavior towards an employee or witnesses that participate in the EEO complaint process.