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  3. FISCAL YEAR 2008 CONGRESSIONAL BUDGET JUSTIFICATION

FISCAL YEAR 2008 CONGRESSIONAL BUDGET JUSTIFICATION

The U.S. Equal Employment Opportunity Commission
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FEBRUARY 2007

Submitted to the
Congress of the United States

OUR VISION

A Strong and Prosperous Nation Secured Through a Fair and Inclusive Workplace

OUR MISSION

We Promote Equality of Opportunity in the Workplace and Enforce Federal Laws Prohibiting Employment Discrimination


Table of Contents

  1. INTRODUCTION
    1. New Strategic Plan and Budget Structure
    2. Fiscal Year 2008 Performance Budget Highlights
    3. Chair’s Priorities
    4. Meeting the Chair’s Priorities
    5. Staffing and Funding Profile
  • Analysis of Change
  • Analysis of Change – Highlights
  • Appropriation Language
  • STRATEGIC OBJECTIVE – JUSTICE, OPPORTUNITY, AND INCLUSIVE WORKPLACES
    1. Introduction
    2. Performance Measures and Results
    3. Program Areas
      1. Private Sector Enforcement
      2. Federal Sector Enforcement
      3. Outreach
    4. Summary of Financing for the Revolving Fund
    5. Object Class Schedule – EEOC Education, Technical Assistance, and Training Revolving Fund
  • MANAGEMENT OBJECTIVE - ORGANIZATION EXCELLENCE
    1. Introduction
    2. Organizational Excellence and Results
    3. Highlighted Areas
      1. Highlighted Resource Areas
  • VERIFICATION AND VALIDATION OF DATA
  • PROGRAM EVALUATION
  • GENERAL STATEMENT OF LAWS
    1. INTRODUCTION

      1. New Strategic Plan and Budget Structure

        The structure of the performance budget for fiscal year 2008 is based on our new Strategic Plan for Fiscal Years 2007 through 2012, which was implemented on October 1, 2006. The Strategic Plan provides the roadmap for the agency to position itself for the future. Correspondingly, this performance budget aligns with the one Strategic Objective (Justice, Opportunity and Inclusive Workplaces) and one Management Objective (Organizational Excellence) based on the agency's vision, mission and Five-Point Plan. The Strategic Plan builds upon what the agency has accomplished to improve its operations. It seeks to maintain the agency's reach by continuing proactive measures to prevent discrimination; resolving claims of discrimination more proficiently; continuing alternative dispute resolution; developing a more strategic focus in our enforcement, litigation and federal programs; renewing a strategy to eradicate race and color discrimination; and maintaining the agency's internal operations. Our performance budget also incorporates other key on-going initiatives, including the President's New Freedom Initiative, the EEOC's Freedom to Compete Initiative, our Youth@Work Initiative, and our Systemic Initiative.

        Also, our revised strategic focus in our new Strategic Plan emerged from the agency's recent review using the Program Assessment Rating Tool (PART). In Section II.B., the Performance Section of this budget request, we elaborate on the alignment of our Strategic Plan, the PART review and its improvement plan, and the current performance measures.

        In this performance budget, we describe our Strategic and Management Objectives and their relationship to the Five-Point Plan, expected long-term outcomes, annual performance measures and our budget request (see chart on Strategic Overview on the next page). Our integrated strategy demonstrates in a concrete way the EEOC's impact on creating fair and inclusive workplaces across the United States.

        STRATEGIC OVERVIEW

        Imagen

      2. Fiscal Year 2008 Performance Budget Highlights

        The U.S. Equal Employment Opportunity Commission (EEOC) is requesting a budget of $327,748,000 for fiscal year 2008. This request represents an increase of $4.941 million from the fiscal year 2007 level.

        This fiscal year 2008 performance budget request integrates with our Strategic Plan to continue our long-held standard of providing quality service to the public through enforcement and prevention activities. Our enforcement and prevention efforts are captured under our Strategic Objective, Justice, Opportunity and Inclusive Workplaces. Our Management Objective, Organizational Excellence, articulates efforts to maintain the agency's capacity and infrastructure to support our programs' achievements. These elements are described more fully in Section II.B., the Performance Section of this document.

      3. Chair's Priorities

        EEOC is first and foremost an enforcement agency, responsible for accepting charges of employment discrimination from members of the public and utilizing our mediation, investigation and conciliation processes to achieve an appropriate resolution or to pursue litigation, where discrimination is found. In this role, we are continually focusing on ways to improve our processes while ensuring the quality and integrity that the public expects. EEOC has a long-held standard of providing quality service to the public. Quality of service that is prompt, responsive, and professional--must drive all we do to maintain manageable workload levels. Our other program priorities are Eradicating Racism and Colorism in Employment (ERACE); providing support to enforcement and litigation activities to combat systemic discrimination; offering Alternative Dispute Resolution (ADR) as a tool to effectively resolve charges of discrimination; filing high impact litigation which benefits entire workforces; working with our Fair Employment Practices Agencies and Tribal Employment Rights Organizations in our shared enforcement and outreach roles; supporting the President's New Freedom Initiative for people with disabilities; providing quality service to the federal workforce through our federal sector programs; continuing outreach activities to the student and youth populations and to small and mid-sized employers; and significantly increasing the representation of persons with disabilities employed in the federal government through the Leadership for the Employment of American with Disabilities (LEAD) Initiative.

      4. Meeting the Chair's Priorities

        Justice, Opportunity and Inclusive Workplaces

        Since our staffing levels have declined in the past few years, we have focused on making changes to our organizational structure to achieve efficiencies as evidenced by the implementation of a repositioned field structure in fiscal year 2006, which flattened managerial levels and enables us to redirect resources to the front-lines as separations occur. Additionally, in fiscal year 2005, we initiated a pilot for a National Contact Center in an effort to reduce staffing time spent on general inquiries in order to allow staff to focus on their investigative responsibilities. In fiscal year 2007, we plan to hire new investigators, as resources become available, to address the growing charge inventory. EEOC ended fiscal year 2006 with an inventory of 39,946 charges, an increase of more than 6,000 charges over the 2005 inventory. As we look to the future, we are concerned not just with the growing inventory but also with the competing interest that we maintain our quality of charge processing, especially in light of the increasing number of charge receipts. We will remain steadfast in our efforts to monitor our inventory, identify additional ways to enhance efficiencies and maintain the public's trust in our enforcement of this country's civil rights laws.

        While blacks and other people of color have made employment gains over the last few decades, now working in virtually every field and with opportunities increasing at every level, we are still finding that race and color discrimination is still very much alive in the American workplace and significant work needs to be done. According to a 2005 national survey conducted by a division of Hudson Highland Group, a worldwide professional staffing firm, one in five professionals knows someone who suffered inequity on the job. Nearly a third of Black Americans can name someone who believes they have been on the receiving end of discrimination and in a recent Gallup survey, a third of Asian Americans say they perceive unfairness or discrimination on the job. Charges alleging race discrimination in employment accounted for 35.5% of the Commission's 2005 charge receipts, making race still the most-alleged basis of employment discrimination under federal law. Moreover, racial and ethnic disparities still exist in the labor market. People of color are more likely than Whites to work in lower-paying jobs and less likely to work in higher-paying jobs.

        The persistence of race and color discrimination compels the agency to maintain its emphasis on ERACE. In fiscal year 2006, the agency issued a revised Compliance Manual chapter on Race and Color Discrimination, as well as provided nationwide training. However, there is a need for additional emphasis on race and color based charges, which the agency plans to address through ERACE. EEOC will utilize outreach efforts with stakeholder organizations to promote a dialogue on particular workplace issues or topics in the race and color context. Additionally, through our enforcement and litigation efforts, we will pursue charges for priority, novel or emerging legal issues in the context of race and color discrimination.

        Our litigation program is an important part of our overall enforcement of the law. We seek to maximize the impact of our lawsuits through various means, including obtaining relief for multiple aggrieved individuals and securing broad-based, prospective relief to prevent the recurrence of discrimination. A strong litigation program also provides an incentive for the early resolution of a charge during the agency's administrative enforcement process in the pre-cause determination and mediation process and in the conciliation process. We also believe that publicity of high impact litigation and other cases serves to increase voluntary compliance with the laws we enforce.

        As reflected in the April 2006 Systemic Task Force Report and the agency's adoption of recommendations contained in the report, EEOC is improving its organization and procedures to combat systemic discrimination. Since the passage of Title VII of the Civil Rights Act of 1964, as well as with later amendments and authority granted, Congress recognized that employment discrimination cannot be eradicated without a focus on its systemic nature. A strong systemic program is crucial to the elimination of instances of pattern or practice, policy and class discrimination which has a broad impact on an industry, profession, company or geographic location.

        A key component of our enforcement strategy is the continued emphasis on the use of Alternative Dispute Resolution (ADR) as an effective tool to resolve charges of discrimination. We have recognized the positive impact that mediation had on our charge inventory and charge processing time. Additionally, we continue to pursue efforts to secure greater participation by employers, including the use of our Universal Agreements to Mediate and the development of informational materials explaining the benefits of mediation to employers.

        We are joined by our 96 State and Local partners, Fair Employment Practices Agencies (FEPAs), in our vital enforcement role. The strong partnership we share with the FEPAs around the nation is a critical component of our success. Additionally, we continue to support the 64 Tribal Employment Rights Organizations (TEROs), providing outreach and training to address the specific equal employment issues facing the Native American community.

        Our federal sector program has a unique role in ensuring that all federal applicants and employees have the freedom to compete in the workplace on a fair and level playing field. Our hearings and appellate enforcement efforts, along with our monitoring, guidance and assistance activities, help us achieve our purposes. We will continue efforts to effectively manage our hearings and appeals inventory and reduce average processing times by leveraging technology and partnering with agencies to improve efficiency. For example, the use of ADR has proven to be a valuable tool in resolving disputes more efficiently.

        We will continue to use of ADR in the federal sector program. We will sustain several key outreach initiatives, as part of our proactive prevention efforts. Our outreach initiatives include the President's New Freedom Initiative, Small and Mid-sized Employer Initiative, and Youth@Work Initiative. Since fiscal year 2005, we have conducted the Freedom to Compete Award program to recognize best practices in the private sector, public sector, associations and other organizations.

        In support of the President's New Freedom Initiative, we will continue to promote the employment of people with disabilities. We will customize technical assistance to state governments to promote voluntary compliance with the ADA and will continue to publish technical assistance documents for private and public employers of all sizes and for individuals with disabilities. In the federal sector, to address the decade-long decline in the number of individuals with targeted disabilities employed by the federal government, we held a public meeting in June 2006. During fiscal year 2006, the Agency launched the Leadership for the Employment of American with Disabilities (LEAD) Initiative which is focused on significantly increasing the representation of persons with disabilities employed by the federal government. The Agency will partner with federal sector stakeholders to devise new strategies to improve the participation rate. LEAD supports the President's New Freedom Initiative to help federal hiring officials understand the tools available and their roles in the recruitment of individuals with disabilities.

        In addition to these specific initiatives, we will continue to issue and revise regulations and sub-regulatory documents, such as enforcement guidance, in response to trends in the development of the law and stakeholder needs. Regulations and sub-regulatory documents issued by the agency serve as three important purposes. Traditionally, they have guided EEOC investigators and attorneys who process or litigate charges of employment discrimination. Additionally, employers and members of the public have looked to these publications to understand their rights and responsibilities under the law. Finally, agency interpretations of the EEOC laws have sometimes been looked to by courts when resolving novel or complex issues.

        Lastly, we will continue to provide training, outreach and technical assistance to federal agencies in the implementation of MD-715, and their efforts in building a model EEO program. We will work with agencies to promote workplace policies and practices that foster an inclusive work culture and prevent employment discrimination.

        Pursuing Organizational Excellence

        In fiscal year 2008, we will continue efforts to reposition the EEOC to better meet the demands and challenges of this century. As part of those efforts, in fiscal year 2007 we extended the pilot evaluation of the National Contact Center (NCC), with an anticipated decision on the permanence of the NCC by fiscal year 2008. We will continue to streamline functions and processes; strategically align and redeploy staff; and build upon efforts to meet the standards of the President's Management Agenda (PMA).

        With the implementation of the NCC pilot, the EEOC became dramatically more accessible to the public. Through the NCC, constituents have the opportunity to communicate with the agency by telephone in more than 150 languages, TTY, fax, written correspondence, e-mail and web inquiries. Our November 2006 figures reflect that 48,958 customers were served by the NCC via phone calls, e-mail, written correspondence, and faxes, reflecting a dramatic uptick of 64% compared to a year prior when 29,727 inquiries were handled in November 2005. As a result, our field office staff have been freed from handling routine phone calls and are able to devote more of their time to our key enforcement functions.

        With the implementation of the field repositioning plan on January 1, 2006, and the consolidation of offices into 15 districts, the agency is now in the position to realize the benefits by utilizing future vacancies to hire more front line staff.

        Over the past several years, the EEOC has completed several major information technology (IT) projects that have streamlined internal processes, reduced paperwork burden, integrated data, advanced our technological infrastructure, and allowed the agency to conduct business more efficiently. During fiscal years 2007 and 2008, the EEOC will maintain our critical technology infrastructure, but will not undertake new projects or expand current services.

        The lease for EEOC's headquarters located at 1801 L Street, NW, Washington, D.C., expires in July 2008, and it will be necessary to fund either relocation or reconfiguration of the current space to consolidate. The future headquarters space requirements are approximately 20% less than current requirements. Costs will include planning, project management, design, construction, furniture, and telecommunications.

      5. Staffing and Funding Profile

        Table 1 below displays the EEOC's total agency staffing and funding profile by Objective and Programs for fiscal years 2006 through 2008.

        Table 1: Total Agency Staffing and Funding Profile
        (Dollars in thousands*)
        FY 2006
        (Actual)
        FY 2007
        (Estimate)
        FY 2008
        (Request)
        Change From FY 07
        (+/-)
        Strategic Objective 1: Justice, Opportunity and Inclusive Workplaces
        1. Private Sector Enforcement $235,014 $235,420 $239,578 $4,1581
        State and Local $32,558 $28,000 $28,000 $0
        2. Federal Sector Enforcement $46,629 $46,705 $47,488 $783
        3. Outreach–Education-Technical Assistance $12,862 $12,682 $12,682 $0
        Agency Total 2 $326,8833 $322,807 $327,748 $4,941
        Total Stra tive 24 2,246 2,381 2,381 0
        Management Objective Highlighted Resource Areas (Examples)
        Headquarters/Field Building Relocation/Reconfiguration $0 $0 $1,000 $1,000

        *may not add due to rounding

      6. Analysis of Change
        Fiscal Year 2008
        (Dollars in thousands*)
        FTE Amount
        Fiscal Year 2007 - Includes 20 Reimbursable FTE from Revolving Fund 2,381 $322,807
        Increases:
        Compensation and Benefits
        1. Annualization of FY 2007 Pay Raise (2.2%) 900
        2. FY 2008 Pay Raise (3.0%) 3,041
        General Operating Expense  
        3. Headquarters/Field Office Relocation/Reconfiguration 1,000
        Subtotal - Reductions   4,941
        FY 2008 Request - Includes 20 reimbursable FTE from Revolving Fund 2,381 $327,748
        Total Change FY 2007 - 2008 4,941

        *may not add due to rounding

      7. Analysis of Change - Highlights
        Increases FTE Amount
        ($000)

        1. Annualization of FY 2007 Compensation and Benefits

        Provides for annualization of the FY 2007 pay raise of 2.2% that became effective January 2007.

          $900

        2. FY 2008 Pay Raise

        Provides 3.0% pay raise, including locality pay and general pay raise, effective January 2008 for three-quarters of the fiscal year plus benefits consistent with Administration policy.

          $3,041

        3. Headquarters/Field Office Relocation/Reconfiguration

        Provides for the Headquarters Relocation/Reconfiguration

          $1,000
        Total Change FY 2007 – FY 2008   $4,941

      8. Appropriation Language

        U.S. Equal Employment Opportunity Commission

        SALARIES AND EXPENSES

        For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of the 1964, the Age Discrimination in Employment Act of 1967, Equal Pay Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to private citizens; and not to exceed $28,000,000 for payments to the State and local enforcement agencies for authorized services to the Commission, $327,748,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission.

        Note. — A regular 2007 appropriation for this account had not been enacted at the time the budget was prepared; therefore, this account is operating under a continuing resolution (P.L. 109-289, Division B, as amended). The amounts included for 2007 in this budget reflect the levels provided by the continuing resolution.

    2. STRATEGIC OBJECTIVE – JUSTICE, OPPORTUNITY, AND INCLUSIVE WORKPLACES

      1. Introduction

        The budget request for fiscal year 2008 is $327,748,000. The EEOC is the Nation's primary enforcer of civil rights employment laws, which prohibit discrimination on the basis of race, national origin, color, religion, sex, age, and disability. The agency began its work in 1965 for the purposes of handling charges of discrimination and securing relief for victims of discrimination. The public continues to rely on the agency to carry out these fundamental responsibilities and bring justice and opportunity to the workplace. However, our fight against discrimination goes beyond enforcing the law. The best way to combat workplace discrimination is to prevent it from happening in the first place. Educating workers and employers about their rights and responsibilities under the law is the first step toward promoting an inclusive workplace, where all workers are judged on their talents and abilities without regard to any protected characteristic.

        All of the EEOC's major programs and activities—from educating our Nation's youth on their rights and responsibilities as they enter the workforce to investigating and litigating complaints of discrimination, including systemic discrimination—are accomplished in the service of four shared goals:

        • remedying and deterring unlawful employment discrimination
        • increasing public confidence in the fair and prompt resolution of employment discrimination disputes
        • increasing voluntary compliance with the Federal equal employment laws
        • increasing individual awareness and understanding of rights and responsibilities

        Our requested funding will enable us to strive toward these goals and to meet our two long-term performance measures, nine annual performance measures, and one efficiency measure in our new Strategic Plan for fiscal years 2007 through 2012. We separately discuss each performance measure in Section B.

        Table 2 outlines our budget information under our Strategic Objective for the agency's enforcement and outreach programs for fiscal years 2006 through 2008. Our performance measures, the agency's programs, and the requested budget are described in more detail in subsequent sections.

        Table 2: FY 2008 Budget Request by Program Element
        (Dollars in thousands*)
        FY 2006
        Actual
        FY 2007
        Estimate
        FY 2008
        Request
        Private Sector Enforcement $267,572 $263,420 $267,578
        Administrative Charge Processing $157,185 $157,464 $160,315
        Mediation $21,975 $22,011 $22,380
        Litigation $55,854 $55,945 $56,883
        State and Local $32,558 $28,000 $28,000
        Federal Sector Enforcement $46,629 $46,705 $47,488
        Hearings $26,935 $26,979 $27,431
        Appeals $14,771 $14,795 $15,043
        Mediation $1,158 $1,160 $1,179
        Oversight $3,765 $3,771 $3,834
        Outreach, Education, Technical Assistance (Non-fee based) $12,682 $12,682 $12,682
        Total $326,8835 $322,807 $327,748

        *may not add due to rounding

        Table 3 – Object Class Schedule

        Requirements by Object Class
        (Dollars in thousands*)
        OBLIGATIONS BY OBJECT CLASS ($000) FY 2006
        Actual
        FY 2007
        Estimate
        FY 2008
        Request
        Personnel Compensation
        11.1 Full-time permanent (FTP) $171,260 $179,572 $184,159
        11.3 Other than FTP 7,069 6,266 6,442
        11.5 Other personnel compensation 939 966 993
        Total Personnel Compensation 179,268 186,804 191,594
        12.1 Civilian personnel benefits 45,236 46,153 47,265
        13.1 Benefits to former personnel 1,444 50 50
        Total Compensation and Benefits 225,948 233,007 238,909
        21.1 Travel of persons 2,738 1,550 1,550
        21.1 Litigation travel 400 413 463
        22.0 Transportation of things 66 42 42
        23.1 Other rent/communications 5,612 6,547 6,547
        23.2 Rent (GSA) 26,443 27,738 27,210
        24.0 Printing and reproduction 178 161 161
        25.0 Other services 21,831 15,382 16,067
        25.0 Litigation support 2,778 2,287 2,437
        25.0 State & Local 32,558 28,000 28,000
        25.0 Security services 2,923 3,000 2,968
        26.0 Supplies and materials 3,156 2,780 2,780
        31.0 Equipment 2,252 1,900 614
        Total Other Object Classes 100,935 89,800 88,839
        Agency Total $326,8836 $322,807 $327,748
        Full Time Equivalents (FTE)7 2,246 2,381 2,381

        *may not add due to rounding

      2. Performance Measures and Results

        In fiscal year 2006, the EEOC was engaged in two significant reviews. Under the Government Performance and Results Act of 1993, we were required to review and revise our current Strategic Plan and reissue a new one by October 1, 2006. The revised Plan extends the six-year coverage period from fiscal year 2007 through fiscal year 2012. Also, for the first time, we were assessed using the Program Assessment Rating Tool (PART).

        These simultaneous reviews have significantly altered the structure of our Strategic Plan and the agency's performance measurement approach. Our PART review resulted in an overall rating of Results Not Demonstrated (RND). The selection of our new performance measures and their configuration were developed during the PART review process and are now incorporated into our revised Strategic Plan. The measures, which are described below, are more outcome-based and include several annual measures that we previously used in our former Strategic Plans.

        Other aspects of the PART review addressed several additional elements that will enable us to improve our program and the services we deliver to the public. A facet of the PART process requires a program to develop plans to improve the rating. To improve our measurements and address these other elements, we formulated an improvement plan to focus on three broad areas: 1) identify and implement challenging annual targets and final outcome goals for all agency performance measures; 2) develop in collaboration with EEOC partners methods for measuring performance that support EEOC goals; and 3) continue to implement structural changes and other recommendations to improve efficiency and effectiveness of the program.

        Under this broad plan, we will develop methodologies for collecting performance data and develop ambitious targets and goals by which to measure our results. In addition, in a collaborative endeavor, we will identify with our partners ways to measure their performance and contributions toward EEOC achieving its goals. Finally, we will continue our structural and other changes to improve the overall effectiveness and efficiency of the agency.

        The resources requested in this performance budget are focused on maintaining the reach of our enforcement and outreach programs and promoting public confidence in our ability to resolve charges of discrimination in a timely, accurate, and consistent manner. We will measure our success by assessing the number of individuals benefiting from our enforcement and outreach programs and by assessing the public's confidence in our enforcement of federal equal employment laws.

        Long-Term Measure 1

        Long-Term Measure 1 By FY 2012, the number of individuals benefiting from EEOC's enforcement and outreach programs increases by TBD%.
          2007 2008 2009 2010 2011
        Target Baseline-TBD TBD TBD TBD TBD
        Results          
        Annual Measure 1.1 By FY 2012, the number of individuals benefiting from improvements to organizations' policies, practices or procedures because of the EEOC's enforcement programs increases by TBD%.
        2007 2008 2009 2010 2011
        Target Baseline-TBD TBD TBD TBD TBD
        Results          
        Annual Measure 1.2 By FY 2012, the number of individuals benefiting from improvements to organizations' policies, practices or procedures because of the EEOC's outreach programs increases by TBD%.
        2007 2008 2009 2010 2011
        Target Baseline-TBD TBD TBD TBD TBD
        Results          

        TBD = To Be Determined

        We believe it is important to measure our success by looking beyond the monetary and equitable relief we secure through our enforcement actions. Our long-term and annual measures focus on tracking the improvements that are made in the workplace as a direct result of both our enforcement and outreach programs. We selected these measures because, when we secure changes in employment policies, practices and procedures through our enforcement or outreach programs, we have a positive impact not only on the immediate victims of discrimination, but also on all individuals in the affected workplace. Through organization-wide changes, individuals benefit from a more inclusive workplace and have greater opportunities to compete on a level playing field.

        These measures include all services we provide to the public that result in workplace benefits: outreach and technical assistance (in both private and federal sectors), administrative resolutions (including mediation), litigation resolutions, and federal sector hearings and appeals. Beginning in fiscal year 2005, we began collecting data on the number of individuals benefited through private sector enforcement and mediation charges, so we have limited trend data on the number of individuals benefited by these two programs. Our first priority will be to establish a methodology and collect baseline data for the remaining programs. This data is necessary for us to establish targets for the long-term measure and the associated annual performance measures.

        The two annual measures are linked to the long-term goal and to EEOC's Five Point Plan. Annual Measure 1.1 focuses on the combined results of our enforcement programs. The measure demonstrates the efficacy of three distinct, but complementary, components of EEOC's Five Point Plan. Our emphasis on the Proficient Resolution of discrimination complaints in both the private and federal sectors ensures that we select the most efficient and effective means of addressing each complaint. By placing a premium on the Promotion and Expansion of Mediation/ADR, we seek to document the benefits of mediation in today's workplaces, such as reducing costs, defusing conflict, and fostering amicable working relationships, employee satisfaction and productivity. Through Strategic Enforcement and Litigation, we seek to maximize the impact of our enforcement resolutions by obtaining relief to prevent the recurrence of discrimination and thereby benefit others in the workplace. A strong litigation program strengthens our ability to obtain resolutions through the charge process and the mediation program.

        We have elected to measure the combined results of our enforcement programs to ensure that the programs work together toward a common goal rather than in competition. For example, for each private sector charge that provides benefits through mediation, there is one fewer opportunity to provide benefits through conciliation or litigation. Our consolidated approach to measuring the number of individuals benefited by all of our enforcement programs allows the various programs to support and complement one another, while maximizing the total number of individuals benefited.

        Annual Measure 1.2 focuses on the Proactive Prevention component of the Agency's Five Point Plan. This measure assesses the number of individuals benefiting from improvements to organizations' policies, practices or procedures, because of the participation of private and federal sector employer representatives in EEOC's outreach initiatives or training and technical assistance programs. This assessment relies largely on feedback and self-reporting by employers attending our outreach events. This measure is intended to assess the real world impact of our prevention efforts, and places an emphasis on using prevention strategies to combat employment discrimination.

        Long-Term Measure 2

        Long-Term Measure 2 By FY 2012, the public rates its confidence in EEOC's enforcement of federal equal employment laws at TBD% or higher.
          2006 2007 2008 2009 2010 2011
        Target 49% Baseline-TBD TBD TBD TBD TBD
        Results Baseline          
        Annual Measure 2.1 At least TBD% of private sector charges are resolved in 180 days or fewer by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 70% 72% 73% 75% TBD TBD
        Results 60.7%          
        Annual Measure 2.2 At least TBD% of federal sector hearings are resolved in 180 days or fewer by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 50% 50% 50% 50% TBD TBD
        Results 43.6%          
        Annual Measure 2.3 At least TBD% of federal sector appeals are resolved in 180 days or fewer by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 55% 60% 65% 70% TBD TBD
        Results 59.0%          
        Annual Measure 2.4 At least TBD% of investigative files meet established criteria for quality by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 87% 88% 89% 90% TBD TBD
        Results 88.1%          
        Annual Measure 2.5 At least TBD% of respondents and charging parties report confidence in EEOC's private sector mediation/ADR program by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 90% 90% 90% 90% TBD TBD
        Results 96.8%          
        Annual Measure 2.6 At least TBD% of EEOC lawsuits are successfully resolved during the period ending in FY 2012.
        2006 2007 2008 2009 2010 2011
        Target 90% 90% 90% 90% TBD TBD
        Results 92.1%          
        Annual Measure 2.7 At least TBD% of individuals demonstrate an awareness of their equal employment opportunity rights and responsibilities by FY 2012.
        2006 2007 2008 2009 2010 2011
        Target TBD TBD TBD TBD TBD TBD
        Results Baseline          

        TBD = To Be Determined

        If the public is aware of our enforcement activities and believes that we have handled discrimination complaints effectively, they will be more likely to rely on us to investigate, mediate, litigate their private sector charges, adjudicate a federal complaint, and otherwise resolve allegations of discrimination. Additionally, if the agency's reputation is one of a fair and responsible enforcer of the civil rights employment laws, employers, attorneys and other members of the public will be more likely to defer to our assessment of discrimination complaints and commit to voluntary compliance through mediation, settlement or conciliation.

        A reputable private organization conducted a survey, obtaining a baseline value for the long-term measure. The survey results demonstrated that 49% of all of the individuals responding to the question, who identified a specific confidence level, have confidence in EEOC's ability to enforce federal equal employment laws. The survey was conducted in 2004 and the results were made available in 2005. We plan to repeat this assessment during the period of this Strategic Plan to assess the public's confidence in our enforcement role.

        Annual Measures 2.1, 2.2, 2.3 and 2.4 focus on the Proficient Resolution of private sector charges, federal sector hearings and federal sector appeals. In recognition of the maxim that justice delayed is justice denied, these measures track the timely resolution of complaints in each of our major complaint handling activities. The goal of resolving a to-be-determined percentage of private sector charges within 180 days balances the need to provide prompt service with the need to devote the necessary time and attention to charges that present meritorious or complex claims and to remedy discrimination where it is found. The goals of resolving a to-be- determined percentage of federal sector hearings and a to-be-determined percentage of federal sector appeals within 180 days reflect our commitment to timely handle federal sector complaints. Annual Measure 2.4 ensures that investigative files meet quality standards. A large proportion of sampled investigative files reviewed will meet two critical quality criteria: 1) the appropriate charge categorization and file documentation to support actions taken and 2) the resolution of the charge. This measure is intended to ensure that we do not complete our work quickly at the expense of performing our work well.

        Annual Measure 2.5 focuses on the Promotion and Expansion of Mediation/ADR, recognizing that the public's confidence in our mediation program has a significant impact on its perception of the EEOC as a whole. We will obtain results for this measure by surveying participants in EEOC's mediation program and tabulating responses about their confidence in using the program. This measure has been used by the agency since 2003, so we have significant trend data upon which to base our targets. The confidence level in this program is consistently high. It is critical to maintain this level of confidence because it helps convince participants, particularly company representatives, of the value of alternative dispute resolution.

        Annual Measure 2.6 focuses on Strategic Enforcement and Litigation by placing a premium on maintaining our high level of successful litigation resolutions. Successful resolutions include cases decided by favorable court order and those concluded through a consent decree or a settlement agreement in litigation. Our target value for this measure ensures that we continue to exercise our prosecutorial discretion responsibly, while allowing us to take on emerging issues and trends.

        Annual Measure 2.7 focuses on the Proactive Prevention of employment discrimination by ensuring that individuals understand their EEO rights and responsibilities. We believe that individuals who know their rights and their responsibilities are more likely to properly identify discriminatory behaviors at the workplace and know what to do about them. In addition, we believe it is equally important for individuals who are responsible for workplace policies, practices, and procedures to have the information they need to assess critically whether their workplaces are contributing to a discriminatory environment and what their responsibilities are for correcting discriminatory conduct.

        Efficiency Measure By FY 2012, the number of individuals benefiting from EEOC's enforcement programs and outreach efforts for each agency FTE increases by TBD%.
          2007 2008 2009 2010 2011
        Target TBD TBD TBD TBD TBD
        Results Baseline        

        TBD = To Be Determined

        Enhancing the number of working people benefited by each agency Full-Time Equivalent (FTE) position demonstrates our efficiency, because over 70% of the agency's budget is dedicated to compensating our employees. This entirely new area of measurement relies on data on the number of individuals benefited by our programs, which will be collected for Long-Term Measure 1. As noted in connection with that measure, we currently do not have complete baseline data and we will develop methodologies for obtaining and computing that data. The correlation to our FTE level is appropriate as it recognizes that our staff are the direct contributors to positive change in the workplace and because staff levels are susceptible to change. We believe that this measure will be a compelling indicator of the efficiency of our operations.

      3. Program Areas
        1. Private Sector Enforcement.
        2. Charge Processing

          As part of the emphasis of our mission-driven responsibility to enforce the federal equal employment opportunity laws, we also recognize that we must be sufficiently prepared to meet emerging trends and issues in the workplace. In fiscal year 2006, we ended the fiscal year with a pending inventory of 39,946, which is approximately 19% higher than the inventory at the end of fiscal year 2005 (33,562). As reflected in Chart 1 and Table 4, we project that our workload will grow rapidly in fiscal years 2007 and 2008 due to factors such as staff attrition while receipts rise slightly. We are concerned about this rising inventory and its impact on our ability to timely investigate charges and provide efficient customer service

          Chart 1: Private Sector Charges Pending Inventory at Year End for Fiscal Years 2006 through 2008

          Imagen

          Table 4 below shows our workload projections for our Private Sector Enforcement program and our mediation efforts for fiscal years 2006 through 2008. Table 5 on page 27 provides workload estimates by statute for fiscal years 2006 through 2008.

          Table 4: Private Sector Enforcement Program Workload Table
          Workload/Workflow FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)
          Workload
          Total Pending Charges 34,101 39,946 54,265
          Total Receipts 75,768 75,957 76,716
          Net FEPA Transfers 4,385 4,385 4,385
          Total Workload 114,254 120,288 135,366
          Resolutions
          Successful Mediations 8,201 7,229 6,878
          From Contract 1,214 1,050 1,013
          From Staff 6,987 6,179 5,840
          Administrative Enforcement Resolutions 66,107 58,794 61,405
          Total Resolutions 74,308 66,023 68,258
          Charges/Complaints carried forward 39,946 54,265 67,108

          May not add due to rounding

          Table 5: Workload/Workflow by Statute
          FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)

          Title VII Only

          Charges filed

          45,785

          46,167

          46,629

          Charges resolved

          44,228

          40,018

          41,373

          Title VII with concurrents*

          Charges filed

          52,227

          52,693

          53,220

          Charges resolved

          50,793

          45,529

          47,070

          Age Discrimination in Employment Act Only

          Charges filed

          7,747

          8,080

          8,161

          Charges resolved

          8,274

          7,215

          7,459

          Age Discrimination in Employment Act with concurrents

          Charges filed

          13,569

          15,644

          15,800

          Charges resolved

          14,146

          13,521

          13,979

          Equal Pay Act Only

          Charges filed

          43

          46

          47

          Charges resolved

          55

          48

          49

          Equal Pay Act with concurrents

          Charges filed

          663

          779

          787

          Charges resolved

          748

          759

          784

          Americans with Disabilities Act Only

          Charges filed

          9,820

          9,503

          9,598

          Charges resolved

          9,241

          8,134

          8,410

          Americans with Disabilities Act with concurrents

          Charges filed

          15,625

          20,303

          20,506

          Charges resolved

          15,045

          16,854

          17,425

          Total

          Charges filed

          75,768

          75,957

          76,716

          Charges resolved

          74,308

          66,023

          68,258

          * Totals for all charges do not equal the sum of all statutes because many charge filings allege issues/bases under more than one statute.

          Systemic Enforcement and Litigation Program

          As reflected in the April 2006 Systemic Task Force Report and the agency's adoption of recommendations contained in the report, EEOC is uniquely equipped to combat systemic discrimination. Since the passage of Title VII of the Civil Rights Act of 1964, as well as with later amendments and authority granted, Congress recognized that employment discrimination cannot be eradicated without a focus on its systemic manifestations. A strong systemic program is crucial to the elimination of instances of pattern or practice, policy and class discrimination which has a broad impact on an industry, profession, company or geographic location. To complement private sector enforcement of Title VII, the ADEA, the EPA and the ADA, the agency has embarked upon an enhanced systemic enforcement program. Using our broad authority to investigate systemic allegations, subpoena evidence, and seek classwide relief, the agency will be able to uncover, combat and eradicate systemic discrimination. Furthermore, with the access the agency has to substantial data, including information on employment trends and demographic changes, we are able to identify possible systemic discrimination. This data gives EEOC particular insight into areas such as hiring discrimination, where victims of discrimination often are not aware that they may have been denied employment based upon unlawful criteria. To this end, each district office has developed a systemic plan which, when viewed collectively, reflects a coordinated, national approach to combating systemic discrimination. These plans also identify the necessary resources to support district office activities in the identification, investigation and resolution of cases involving systemic discrimination. Additionally, they reflect the related coordination between districts on certain joint efforts and the planned sharing of resources between offices, all focused on successfully achieving the objectives of this systemic initiative.

          Mediation/ADR Workload and Initiatives

          A key component of our enforcement strategy is the continued emphasis on the use of ADR as an effective tool to resolve charges of discrimination. We continue to pursue efforts to secure greater participation by employers, including the use of our Universal Agreements to Mediate and the development of informational materials explaining the benefits of mediation to employers.

          While charging parties (employees, job applicants, and retirees) almost uniformly view our mediation program favorably as indicated by the high percentages who are willing to participate in mediation, the number of employers agreeing to mediate is considerably less. A past independent study of our mediation program identified that employers principally decline mediation because they have conducted their own internal investigation and believe the specific charge to be without merit, or they have concluded that EEOC will not issue a reasonable cause finding and prefer to let the charge proceed through the investigative process. We are discussing with employers who feel this way, the benefits of mediating charges so that all of the charging party's concerns – EEO and non-EEO issues – can be resolved at once.

          Litigation

          Litigation is an important tool for maximizing benefits to the public because it often results in relief for large numbers of individuals and it deters employers from discriminatory conduct and encourages them to develop and implement effective EEO policies. We seek to maximize the impact of our lawsuits through various means, including obtaining relief for multiple aggrieved individuals and securing broad-based, prospective relief to prevent the recurrence of discrimination and thereby benefit others in the workplace. In addition, a strong litigation program strengthens our ability to obtain resolutions through the charge process and the mediation program. We also believe that publicity of high impact litigation and other cases serves to increase voluntary compliance with the laws we enforce.

          The agency estimates filing 340 new lawsuits in fiscal year 2008. Our projected workload of 925 cases is slightly lower than in the prior fiscal year. In addition to litigation, field attorneys and other staff perform a wide range of other functions. Field attorneys provide advice and counsel to enforcement staff in all phases of the private sector charge process and participate in agency outreach programs. In addition, field staff process over 16,000 Freedom of Information Act (FOIA) requests received from the public each year.

          Chart 2 below depicts the estimated litigation inventory including the number of lawsuits filed, pending lawsuits and resolutions for the fiscal years 2006 through 2008.

          Chart 2: Litigation Inventory for Fiscal Years 2006 through 2008

          Imagen

          As set out in our Strategic Plan, we plan to use our resources to maximize the number of individuals benefited through the litigation program. We will maintain a high level of successful litigation resolutions, while continuing to take on cases that present a developing area of the law.

          Over the long run, the agency's new systemic initiative is expected to increase the impact of our litigation program and enable us to benefit more individuals each year.

          Table 6: Litigation Workload Projections
          Workload FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)
          Workload
          Total Pending Lawsuits 608 596 586
          Total Lawsuits Filed During the Fiscal Year 371 340 340
          Total Legal Workload 979 936 926
          Resolutions 383 350 350
          Legal Workload carried forward 596 586 576

          State and Local Contracts

          During fiscal year 2006, we contracted with 96 FEPAs to resolve dual-filed charges as a means of preventing duplication of effort and streamlining the charge resolution process. Fiscal year 2006 was a year of change for the agency and a period of acclimation for our FEPA and TERO partners as well. We worked with the FEPAs and TEROs to familiarize them with our new organizational structure and the changes which impacted them and their relationship with the agency, albeit not in a very significant way. For the FEPAs, there was the added change of transitioning from the agency's old Charge Data System, to our new Integrated Mission System (IMS) which is used for workload tracking and management. With the full inclusion of FEPAs into the agency's IMS, we now have a complete, real-time database of charge activity occurring across the United States and are able to interact on a timelier basis with the FEPAs on charge related matters.

          In response to recommendations from the State and Local Re-engineering Workgroup, during fiscal year 2006 we began a comprehensive national training initiative for the FEPAs' staff. This effort will continue into fiscal year 2007 and is discussed in detail in the EEOC Education, Technical Assistance and Revolving Fund section below. During fiscal years 2007 and 2008, we plan to continue working in close partnership with both the FEPAs and TEROs to enforce civil rights employment laws and educate both employees and employers regarding their rights and responsibilities.

          Table 7: State and Local Workload Projections
          Workload FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)
          Charges/Complaints Pending 57,932 51,874 49,341
          Charges/Complaints Received 48,926 49,415 49,909
          Total Workload 106,858 101,289 99,250
          Charges/Complaints Resolved 50,599 47,563 44,709
          Charges/Complaints Deferred to EEOC 4,385 4,385 4,385
          Charges/Complaints Forwarded 51,874 49,341 50,156
        3. Federal Sector Enforcement
        4. Our Federal sector program has a unique role in promoting justice and opportunity in the federal workplace by ensuring that all Federal applicants and employees have the freedom to compete on a fair and level playing field and to be judged on the merit of their performance and not on the basis of their race, gender, ethnicity, religion, age, or disability. The Agency fulfills this mandate through our hearings and appellate enforcement efforts, as well by exercising our oversight authority and providing guidance, outreach and technical assistance. We will continue to effectively manage the hearings and appeals inventory. We will also continue to promote mediation/ADR at all levels of the Federal sector EEOC complaint process in order to resolve workplace disputes early, thereby saving resources and enabling agencies to focus on their core missions. Using the guidance and principles contained in MD 715, the agency will evaluate the progress of Federal agencies in creating effective equal employment opportunity programs. We will monitor plans submitted by the Federal agencies to the EEOC to identify and remove barriers to free and open competition in the workplace. With the implementation of MD 715 and our focus on establishing effective relationship programs with agencies, we will deliver relevant and helpful information, training, and EEO solutions to Federal agencies.

          Federal Sector Improvements – Hearings

          We intend to achieve our goals for hearings by using coordinated initiatives to provide substantive and operational support and oversight towards the resolution of hearings cases to help prepare decisions more expeditiously. This includes preparation of an automated reference tool comprised of legal terms, language and citations to cases which our Administrative Judges (AJs) will be able to rely on when issuing decisions. This tool will enable the AJs to use consistent language which will promote uniformity on legal issues across multiple jurisdictions and additionally help AJs to issue opinions faster while retaining the quality of the decisions. Efforts also will continue in developing guidance to promote consistency across offices such as on consolidation of cases and planned guidance on use of video conference hearings.

          Table 8: Hearings Workload Projections
          Workload FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)
          Hearings Pending 5,994 4,912 4,459
          Hearings Requests Received 7,802 7,802 7,802
          Hearings Requests Consolidated After Initial Processing8 (199) (199) (199)
          Total Workload 13,597 12,515 12,062
          Hearings Resolved 8,685 8,056 7,653
          Hearings carried forward 4,912 4,459 4,409

          Chart 3: Private Sector Charges Pending Inventory at Year End for Fiscal Years 2006 through 2008

          Imagen

          Appeals and Oversight of Federal EEO Programs

          Our appellate review program adjudicates appeals of administrative decisions made by federal agencies on complaints of employment discrimination filed by federal employees or applicants for federal employment. The Agency has fully implemented the Proficient Resolution component of the Agency's Five-Point Plan by streamlining operations to make its appellate adjudicatory body more efficient with the result that we have dramatically reduced the number, age, and processing time of pending appeals.

          In Table 9 and Chart 4, we project that due to EEOC staff attrition, the appellate workload will increase in fiscal years 2007 and 2008. For example, EEOC implemented a Document Management System (DMS), which converts all appellate-related documents from paper to digital format.

          Table 9 : Appeals Workload Projections
          Workload FY 2006
          (Actual)
          FY 2007
          (Estimate)
          FY 2008
          (Estimate)
          Appeals Pending 3,610 3,887 4,562
          Appeals Received 6,743 6,743 6,743
          Total Workload 10,353 10,630 11,305
          Appeals Resolved 6,466 6,068 5,534
          Appeals Carried into next fiscal year 3,887 4,562 5,771

          Chart 4 : Federal Sector Appeals Received, Resolved, and Pending Inventory for Fiscal Years 2006 through 2008

          Imagen

          The use of ADR has had a powerful impact on Federal agencies' EEO complaint inventories and, in turn, EEOC's hearings and appeals inventories. Resolving disputes as early as possible in the Federal sector EEO process will improve the work environment and reduce the number of formal complaints, allowing all agencies, including the EEOC, to redeploy resources otherwise devoted to these activities. We will continue to promote the increased use of ADR techniques at the pre-complaint stage in the Federal sector; the stage before a formal complaint is filed with a Federal agency. As more agencies expand their efforts to offer ADR during the informal process, we expect to see continued decreases in the number of formal complaints filed, which will reduce costs for complainants and all Federal agencies, and enable agencies to focus resources on their primary mission.

          One of the most important mechanisms in our Federal sector program is our authority to conduct evaluations of Federal agency EEO programs. Using targeted evaluations, combined with the new self-assessment tools and checklists in MD 715, we will help Federal agencies assess the effectiveness and efficiency of their EEO programs and identify whether there are barriers precluding them from effectively utilizing their entire workforce in accomplishing their missions. We will periodically issue evaluative reports on a wide variety of topics in order to share government-wide, as appropriate, valuable information to assist agencies in developing model EEO programs.

          During fiscal year 2006, we continued to provide training and technical assistance to agencies in the implementation of MD-715. During the year, we expanded our partnership with selected federal agencies in the Relationship Management project to explore new ways for our federal sector staff to interact with agencies to ensure that we can assist agencies in creating more effective EEO programs. Applying the strategies and tools developed from the experiences of the relationship management project, we will be in a position to better establish a customer-oriented organization which can deliver relevant information and solutions to federal agencies' leadership.

        5. Outreach
        6. Our Strategic Objective also incorporates the Proactive Prevention element of our Five-Point Plan, which articulates the concept that preventing discrimination is an important part of our mission.

          We plan to promote voluntary compliance with the federal equal employment laws to prevent or reduce discriminatory barriers to employment opportunities. We also plan to promote individual awareness and understanding of rights and responsibilities under those laws. Our efforts in fiscal year 2008 will continue to make both enforcement and outreach activities supportive of each other.

          We will continue our outreach, education, and technical assistance programs to meet the needs of diverse audiences and will partner with the employer community and other stakeholders to foster strategies to recognize and prevent discrimination in the workplace.

          We will educate employers and other members of the public about systemic discrimination, including trends and issues that the agency has identified and cases the agency has handled. We recognize the value of publicizing our systemic discrimination court victories because of the ripple effect such decisions can have on promoting changes both across the impacted industry as well as in related industries.

          We will continue to educate students and young workers about their workplace rights and responsibilities, including specific discussions on sexual harassment and how to seek assistance to address or report incidents of harassment that occur in the workplace. We will reach out to schools and educators to share training materials, and as resources allow, develop and present training to teenagers about their workplace rights and responsibilities and assist these young workers as they enter and navigate through the workplace. Furthermore, we will continue our efforts to provide training and information to businesses that employ young workers to encourage them to proactively address discrimination issues confronting young workers.

          We will continue to issue and revise regulations and sub-regulatory documents, such as EEOC enforcement guidance, in response to developments in the courts and stakeholder needs. We will also continue our outreach efforts to provide guidance and information on employer "best practices" reflecting the agency's strong interest in proactive prevention. This includes sharing the successes of the EEOC's annual Freedom to Compete Award recipients, who have made strides in creating inclusive workplaces. The Agency also will maintain its outreach to small businesses, especially those who lack the resources to maintain full-time professional human resources staff and to stakeholders in under served communities across the nation, including those with limited English proficiency, such as recently arrived immigrants. Finally, we remain prepared to respond to unanticipated issues that arise in the workplace due to current events, such as the backlash against Muslims after 9/11, so that EEOC stays on the forefront in informing both employees and employers alike of their rights and responsibilities in the ever-changing workplace environment.

          The President's New Freedom Initiative

          The goal of the President's New Freedom Initiative (NFI) is to fully integrate individuals with disabilities into all aspects of the nation's social and economic life. EEOC will continue to provide education and technical assistance to private employers and individuals with disabilities.

          The EEOC will continue to disseminate state best practices for the employment of people with disabilities (including through the agency's website, www.eeoc.gov ), and to implement a training and technical assistance program to help states remove any barriers to employment that might exist. We will also publish user-friendly documents that explain the rights and responsibilities of both employers and individuals with disabilities under the ADA.

          Federal Sector Programs

          Management Directive 715 (MD-715) embodies the EEOC-championed approach toward creating a barrier-free, level playing field throughout the federal government. MD-715 is the roadmap for agencies to identify and remove barriers to equality of employment opportunity so that the American people can have a model Federal work force which fully reflects everyone's contributions.

          We will work with agencies to promote workplace policies and practices that foster an inclusive work culture and prevent employment discrimination. This effort includes working with federal agencies to adopt and successfully implement the attributes of the EEOC's Model EEO Program. Additionally, we will utilize new avenues of communication, such as brown bag lunches, internet exchanges, etc., to provide federal sector stakeholders with information to assist in understanding their rights and responsibilities under the anti-discrimination statutes.

          Revolving Fund - Education, Technical Assistance and Training

          By creating the Revolving Fund, Congress sought to provide the means for EEOC to offer in-depth and specialized programs that supplement the agency's general informational and outreach activities that are an ongoing aspect of EEOC's mission.

          The Revolving Fund, renamed the "the EEOC Training Institute" in 2004, has transitioned into a competitive EEO educational services provider offering diverse, high quality, reasonably-priced EEO expertise and training products. In fiscal year 2006, it offered five product/service lines: Technical Assistance Program (TAP) Seminars, a national federal sector conference, Customer Specific Training (CST), national courses, and direct sale of training products such as books, CD-ROMs and curricula modules.

          The Training Institute offers training to private sector employers, state and local government personnel and employees of federal agencies. In fiscal year 2006, the Training Institute trained over 16,400 private sector and local or state government employees. During the same period, it also trained over 6,500 federal government employees. For fiscal year 2007, a comparable number of employees are expected to be trained.

          The one and two-day TAP Seminars offered by the Training Institute are responsive to employers' information and training needs and allow EEOC to educate substantially more employers and employees about how to identify, prevent and eliminate workplace discrimination. During fiscal year 2006, we conducted 39 Seminars with a total attendance of 5,489 individuals. For both fiscal year 2007 and fiscal year 2008 we anticipate conducting about 44 Seminars.

          An annual national federal sector conference offered by the Training Institute for federal employees is referred to as the Examining Conflicts in Employment Laws (EXCEL) conference. This conference has become a widely anticipated and highly acclaimed event. Federal EEO managers, attorneys, union officials, EEO professionals and EEO staff rely on this conference to obtain guidance and information on timely EEO topics, recent developments in employment laws, and updates on EEO policies and procedures. The recognition of the quality of the EXCEL conference has become widely known and strong attendance levels have continued with 950 attending the 2005 conference, and 908 attending in 2006. Comparable attendance levels are projected for the conferences in 2007 and 2008.

          The Customer Specific Training program is another important vehicle for training employees, managers, supervisors and human resource professionals from both large and small to mid-size employers about their EEO responsibilities and how to prevent and correct workplace discrimination. All of the Training Institute's standardized courses are available for on-site training and additionally we design customized courses that are delivered at employers' worksites. During fiscal year 2006, the Training Institute conducted 424 customer specific training events, providing direct training to more than 14,000 employees. Of particular note were the 83 sessions on an overview of the laws enforced by EEOC and prevention of workplace harassment conducted by our Los Angeles District Office for one large utility company in California. Over an eight-month period, that office trained approximately 2,800 of the company's leaders, supervisors, managers, and executives. For fiscal years 2007 and 2008, we anticipate on-site training levels to be comparable to those in 2006.

          The Training Institute currently offers seven national courses geared toward federal employees. The course topics include EEO Training for New Counselors, EEO Training for New Investigators, EEO Training for Managers and Supervisors, Writing Final Agency Actions, EEO Refresher Training for Counselors, Mediation Skills, and Drafting Letters of Acceptance and Dismissals Decisions. During fiscal year 2006, the Training Institute conducted 32 national courses for more than 700 federal attendees. These courses were offered in Washington, DC and in other regions of the country where federal employment is high.

          During fiscal year 2006, the Training Institute also developed and offered 13 two-hour courses on harassment, to meet the needs of California employers who were required under a new California statute to provide two hours of training on harassment annually for their supervisors and managers. Through our programs, 481 managers in California received this training.

          Beginning in fiscal year 2006 and continuing through the beginning of fiscal year 2008, the Training Institute is providing new investigator and advanced skills training for Fair Employment Practices Agencies (FEPAs) with which our agency has work sharing agreements for charge resolutions. In 2006, EEOC staff conducted advanced skills training for 70 FEPAs, reaching a total of 763 FEPA staff. Continuing into the second quarter of 2007, EEOC staff conducted 14 advanced skills training sessions reaching an additional 119 FEPA staff. Regarding new investigator basic skills training, EEOC staff conducted two sessions in Dallas, Texas in the first quarter of 2007 attended by 160 staff from 47 FEPAs.

          During fiscal year 2006, other new course offerings were developed and piloted, including training for new mediators. Beginning in fiscal year 2007, the Training Institute will be offering this as a week-long sign-up course for federal employees. Another new course, providing investigative skills and EEOC theories, that was introduced in fiscal year 2006 as part of the training for FEPA investigators, has also been adapted for training investigators working for other state and local agencies. Several iterations of this course were delivered in 2006 to state agency internal EEO investigators and additional on-site courses will be delivered. The FEPA investigator training project will be ongoing throughout fiscal year 2007 and concluded at the beginning of fiscal year 2008.

          The Training Institute also develops low cost direct-sale training products to foster the agency's overall training and technical assistance statutory responsibilities. Among the products currently offered are a Workplace Harassment Issues Toolkit, a Workplace Harassment Issues Essential Guide, the "ABC's of EEO for Small Businesses and Supervisors," an EEO Resource Guide in CD format, and a Federal Sector Resource Guide in CD format. We anticipate further expansion of our product line by fiscal year 2008, to include other training materials that address the changing needs of our customers, such as web casts and other web-based training.

      4. Summary of Financing for the Revolving Fund
        EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
        EEOC Education, Technical Assistance, and Training Revolving Fund
        (Dollar amounts in thousands)
        Fiscal Year
        2006
        Actual
        Fiscal Year
        2007
        Estimate
        Fiscal Year
        2008
        Estimate
        Total Obligations 5,592 4,346 4,056
        Financing:      
        Offsetting collections from:      
        Federal Funds 2,602 2,249 1,818
        Non‑Federal sources 2,345 2,117 2,118
        Recoveries 60 410 120
        Orders on hand from federal sources      
        Unobligated balance, start of year 1,655 1,070 1,500
        Unobligated balance transferred (rescission)      
        Unobligated balance, end of year 1,070 1,500 1,500
        Net Budget Authority 6,662 5,846 5,556

      5. Object Class Schedule – EEOC Education, Technical Assistance, and Training Revolving Fund
        Requirements by Object Class
        (Dollar amounts in thousands*)
        OBJECT CLASS FY 2006
        Actual
        FY 2007
        Estimate
        FY 2008
        Request
        11.1 Personnel compensation $1,503 $1,562 $1,210
        12.1 Civilian personnel benefits $358 $440 $212
        21.0 Travel and transportation of persons $510 $523 $289
        22.0 Transportation of things $0 $0 $0
        23.1 Other Rent/communications $1,090 $946 $993
        24.0 Printing and reproduction $298 $281 $263
        25.0 Other services $1,740 $507 $1,000
        26.0 Supplies and materials $93 $85 $89
        31.0 Equipment $0 $2 $0
        TOTAL OBLIGATIONS $5,592 $4,346 $4,056
        Revolving Fund Reimbursement to Salaries & Expenses Account $2,503 $2,608 $1,989
        Reimbursable Full Time Equivalents to Salaries & Expense Account 20 20 20

        *may not add due to rounding

    3. MANAGEMENT OBJECTIVE - ORGANIZATIONAL EXCELLENCE

      EEOC MANAGEMENT VISION

      Become the world's preeminent civil rights employment law agency and serve as the standard bearer for excellence in outreach, enforcement, and professionalism

      1. Introduction

        Our Management Objective emphasizes Organizational Excellence and encompasses the final element of our Five-Point Plan, EEOC as a Model Workplace. This Objective seeks to improve our organizational capacity and infrastructure through sound management of our resources—human, financial and technological. Maximizing effective use of these resources is essential to achieve our enforcement and outreach goals and to carry out our mission.

        Our agency's mission to promote equal employment opportunity and enforce the Federal employment discrimination laws is a constant reminder to us of the importance of organizational excellence. To carry out our mission with credibility, the EEOC must itself be a model workplace. Only through organizational excellence can we rise to challenges in this Strategic Plan and achieve the ambitious measures of success set out in our Strategic Objective.

        Creating a better organization is an important step to becoming more effective. Several years ago the EEOC asked the National Academy of Public Administration to conduct an objective, independent study of our structure and how we deliver our services to our stakeholders. In 2003, NAPA issued its report, Equal Employment Opportunity Commission: Organizing for the Future, and provided us with three major recommendations to guide the agency in repositioning. Since then we have made significant progress in our efforts to reposition the EEOC to better serve the public.

      2. Organizational Excellence and Results

        Our repositioning plan has been phased in over several years. The first phase was the establishment of a National Contact Center (NCC) which became operational in fiscal year 2005. The pilot NCC makes the EEOC dramatically more accessible to the public through extended hours, dedicated customer service representatives, state of the art technology, and translation services. The second phase was repositioning EEOC's field structure, which was implemented in January 2006. The repositioned structure allows for expanded presence, flattening of overall management structure, and more logical alignment of our offices.

        The third phase will encompass the restructuring of our Headquarters functions to better support our field operations. These changes are expected to result in greater efficiencies – allowing us to redeploy more staff to our front-line services and allocate resources to maximize results and ultimately achieve cost savings over the long term. Through all of our repositioning efforts we aim to strategically align our workforce for greater effectiveness and efficiency by streamlining functional responsibilities, broadening the spans of control, reducing layers of management, dedicating greater resources to our front-line functions and addressing competency gaps.

        As we developed and implemented our management strategies we found the five government-wide initiatives of the President's Management Agenda (PMA) a useful guide.

        As part of improving our strategic management of human capital, the EEOC has completed key steps toward developing and implementing a human capital initiative. Planning for human capital needs is more important than ever. Due in large part to retirements, the EEOC has experienced a significant reduction in staff in recent years, affecting our institutional memory and skills base. A human capital strategic plan was drafted in fiscal year 2004 and has guided the Agency's actions, including:

        • Revising our performance management system for executives and managers to link their performance with the agency's mission and goals. A performance management system has been implemented for non-supervisors.
        • Developing and sustaining leadership and supporting succession planning through the agency's Management Development Institute, an umbrella program addressing managerial needs of supervisors and executives.
        • Participating in the Office of Personnel Management's human capital surveys and implementing regular internal surveys to identify employee satisfaction with human capital management and developing action plans based on an analysis of feedback.
        • Identifying and quantifying mission critical competencies for key positions, including investigators, attorneys and mediators, developing multi-year training plans to address any organizational gaps.
        • Closing gaps through individual development plans, mentoring, training, rotational assignments and other staff development initiatives.
        • Aggressively recruiting, developing and retaining high-quality talent.

        The EEOC's new initiative to reinvigorate its systemic discrimination program highlights the need to fine tune our human capital approaches. To succeed, the agency must enhance incentives for identifying, investigating, and litigating systemic cases, provide additional opportunities for training and the development of expertise related to systemic discrimination, and improve technology skills. Incidences of employment discrimination in general have become more subtle and more difficult to detect and remedy. The systemic initiative will facilitate development of more refined approaches to enforcing the law. Our goal is to ensure that employees have the right skills, talents, and abilities to succeed in implementing this program.

        The Agency has sought to use competitive sourcing as a means of improving its efficiency. In fiscal year 2006, we initiated an A-76 standard competition study for our file disclosure backroom support services. It is expected to be completed in fiscal year 2007. In our five-year competitive sourcing plan, we have included a planned competition for information technology desktop support.

        As an example of our continued commitment to improved financial management, in fiscal year 2006 EEOC received an unqualified opinion on its financial statements for the third consecutive year. In fiscal year 2006, the Commission voted to replace the obsolete financial management system with a new system operated by the Department of the Interior, National Business Center (DOI-NBC), under the shared services program. For fiscal year 2008, the agency will operate a new financial system and implement the e-travel service requirement. The agency continues to improve recurring internal financial management reporting for decision makers to ensure resources are allocated and used for their intended purpose. In addition, the agency is making every effort to provide more transparency for financial information by making it available to employees and the public.

        The EEOC is committed to improve service and government efficiency by use of electronic government (e-gov). Over the past several years, EEOC has implemented several major e-gov projects that automated internal processes, reduced paperwork burden, integrated data, and provided electronic alternatives to obtain service and interact with the agency. Benefits related to these projects include:

        • decreasing the burden on businesses and achieving internal cost savings and efficiencies by enabling businesses to update and submit required report EEO-1 data online;
        • improving customer service and internal efficiency by providing the ability to register and pay for EEOC seminars and training materials via the Internet;
        • improving public access to information by submitting EEOC civil case information electronically to coincide with the U.S. Courts jurisdictional acceptance of electronic transmissions;
        • decreasing the burden on other government agencies through electronic submission and acceptance of annual federal EEO statistics; and,
        • increasing electronic access to information and enhancing disaster recovery through the conversion of federal appellate case files to electronic format within a structured document management system.

        Our agency's six year Strategic Plan, covering fiscal years 2007 through 2012, was updated during fiscal year 2006. In support of budget and performance integration, we will configure our financial and workload reporting systems to support the Office of Management and Budget reporting requirements for financial and performance data.

      3. Highlighted Areas
        1. Highlighted Resource Areas
        2. For this management objective, the agency's resources are allocated to our Strategic Objective to identify the full cost of conducting our front-line programs, including all of the elements of our operations supporting those programs.

          Table 10: Highlighted Resource Area in Organizational Excellence
          (Dollar amounts in thousands)
          FY 2006 (Actual) FY 2007 (Estimate) FY 2008 (Request) Change from FY 06 (+/-)
          Headquarters/Field Building Relocation/Reconfiguration $0 $0 $1,000 $1,000
          Total $0 $0 $1,000 $1,000

          Employee Recognition and Development

          Employees are recognized for performance through the agency's Awards and Recognition Program. Employees are eligible for time-off awards, on-the-spot awards, Cash in Your Account (CIYA) and CORE (i.e., Chair's Opportunity to Reward Excellence) awards. The time-off awards recognize individual and groups for special acts or service. The CORE Award program makes cash awards that recognize individuals and/or groups for outstanding best practices.

          Employee Development activities support the achievement of the objectives of the President's Management Agenda by focusing on improving the agency's performance culture, talent, leadership development and knowledge management. The implementation of human capital planning at both the headquarters and field level is linked to achieving organizational excellence and the accomplishment of the major initiatives aligned with achieving green on the human capital scorecard. In fiscal year 2008, the agency will continue to implement the Field and Headquarters capacity building and training of employees who will be undertaking new roles and responsibilities as we function in a streamlined environment. This requires the closing of identified competency gaps for mission critical occupations through implementation of multi-year training programs that emphasize the required competencies for high performance in these occupations. Development of the next generation of leaders will continue to be high on the agenda as we fully implement succession planning at all levels---pre-supervisor, new supervisor, managers and executives. Technology enhancements will be applied to employee development activities to leverage existing resources through continued use of video-streaming, I-meeting and e-learning.

          We will allocate our resources to ensure our effectiveness in investigating high impact cases through systemic training for our enforcement and legal staff and skills training for new investigators and mediators. Case management and trial skills training will reinforce existing skills among journeyman investigators and attorneys. In addition, partnership with other Federal agencies that offer law enforcement investigative training will continue to augment our efforts to add depth to our investigative capacity. We will continue to provide leadership training through the Management Development Institute and hone skills in performance management and conflict resolution. Recruitment and/or development of new talent to fill critical roles in the agency will require full implementation of the Federal Career Intern Program, and the Emerging Leaders Programs for bargaining unit employees. Pre-retirement training, through video streaming, will make information available to the increasing numbers of employees who are eligible for retirement in the next five years.

          Surveys

          As noted earlier in this document, during fiscal year 2006, the agency was assessed for the first time with the Program Assessment Rating Tool (PART). The PART and our revised Strategic Plan contain a new performance measurement configuration, which contains two long-term measures, nine annual performance measures, and an efficiency measure.

          Two specific measures require the agency to develop and implement survey instruments to identify baselines and target values and determine the level of results achieved by the agency over time. The two measures are: the confidence the public has in EEOC's enforcement of federal equal employment laws (the agency's second long-term measure) and the awareness individuals have of their equal employment opportunity rights and responsibilities (annual performance measure 2.7). At the end of fiscal year 2006, we engaged an independent contractor to initiate survey activities to obtain the results for both of these measures. In fiscal year 2006, we established a preliminary baseline value for the long-term performance measure for confidence in EEOC. In fiscal year 2007, we will survey to confirm or adjust this baseline value and to establish a baseline for the annual performance measure on individual rights and responsibilities. We will also identify annual targets and final goals that will enable us to assess future results throughout the period covered by our revised Strategic Plan.

          Information Technology

          Over the past several years, EEOC has completed several major information technology (IT) projects that have streamlined internal processes, reduced paperwork burden, integrated data, advanced our technological infrastructure, and allowed the agency to conduct business more efficiently. During fiscal year 2006, EEOC successfully migrated our state and local government FEPA partners onto the new Integrated Mission System (IMS), thereby allowing EEOC to retire the old legacy Charge Data System. The new centralized IMS provides consolidated tracking and reporting of all enforcement, outreach, and litigation-related activities. We additionally deployed video-conferencing technologies to all EEOC district offices, thereby enhancing both internal and external communication and collaboration capabilities which allows us to reduce the costs normally associated with training and meetings such as travel and lodging. We also focused efforts on safeguarding the Agency's information resources by raising employee awareness and implementing major enhancements to our security infrastructure, including strengthening desktop and network security and enhancing configuration and patch management processes.

          During fiscal year 2007, EEOC will maintain our critical technology infrastructure but will halt new development and modernization initiatives, delay major infrastructure hardware refreshes, and reduce services in the areas related to network management, graphics development, and desktop support. The requested technology funding for fiscal year 2008 will allow the EEOC to maintain existing operations.

          Headquarters and Field Office Relocations/Reconfiguration

          The lease for EEOC's headquarters and the Washington Field Office location at 1801 L Street, N.W., Washington, D.C., expires in July 2008, and it will be necessary to fund either relocation or reconfiguration of the current space (consolidate from ten to seven floors) in fiscal years 2007 and 2008. As part of the space build-out decision, the agency is actively considering the relocation of the information technology hardware, software and communications central operations from Headquarters to a shared services location elsewhere in the United States. The purpose is to mitigate the risk associated with the current operation in the Washington, D.C., metropolitan area as well as to reduce the overall cost of operations.

          Field leases and/or occupancy agreements expire for the Dallas and Los Angeles District Offices, the New Orleans Field Office and the Richmond Local Office among others. The future space requirements are approximately 20% less than current requirements. Costs will include planning, project management, design, construction, furniture, telecommunications and possibly moving. EEOC will continue typical space activities, with a goal of reducing the amount of occupied space as leases expire and offices relocate or are reconfigured.

          Building Security and Disaster Planning

          The agency continues to devote resources to improve the Continuity of Operations and Shelter-in-Place plans as well as the increasing costs of security services provided by the Department of Homeland Security. A new requirement is to enhance these plans for an implementation preparedness plan for the Pandemic Influenza.

          Background Investigations

          EEOC is focused on completing background investigations on all employees who have no record of an investigation. In addition to employees, contractors employed over six months are subject to the background investigation requirements. Contractor investigations will be phased in to coincide with the contract renewal cycle and before identification cards are issued. To meet HSPD-12 requirements, background investigations will also be completed for all agency employees employed over 15 years by the beginning of fiscal year 2009.

          Standard Identification Cards/Physical Access Controls

          The scope of the HSPD-12 e-government project to standardize identification cards includes a requirement to use the same identification card for physical access controls within a building. The current system installed at Headquarters is over 15 years old, obsolete and must be replaced as part of any integrated solution. This replacement will occur once the agency enters into a long-term lease for a Headquarters office building.

    4. VERIFICATION AND VALIDATION OF DATA

      Our private sector, Federal sector, and litigation programs require accurate enforcement data, as well as reliable financial and human resources information, to assess EEOC operations and performance results and make good management decisions. We will continue efforts to ensure the accuracy of our program information and any analysis of the information.

      We continually review the information we collect in our databases for accuracy by using software editing programs and program reviews of a sample of records during field office technical assistance visits. In addition, headquarters offices conduct analyses regularly to review the information collected in order to identify any anomalies that indicate erroneous entries requiring correction to collection procedures.

      We have implemented approaches that enable the agency to collect information more rapidly and accurately by eliminating the need to enter information multiple times before it can be reviewed and analyzed. For example, we previously deployed a secure, web-based application that enabled businesses to electronically submit their annual Employer Information Report (EEO-1) to EEOC. This system continues to reduce the need for the manual entry of report data. It also includes automated edits to validate data, calculate totals, and compare statistics against the employer's prior year submission. In another example, we implemented a secure, web-based system that enabled all Federal agencies to electronically submit annual equal employment opportunity statistics (Form 462). This system continues to improve the quality and timeliness of the information we receive. Finally, we continue to improve the collection and validation of information for our Integrated Mission System (IMS), which consolidates our mission data on charge intake, investigation, mediation, litigation, and outreach functions into a single shared information system. The IMS includes many automated edit checks and rules to enhance data integrity. Since several of our new performance measures require us to use data to assess our achievements, it is significant that we can now obtain those data much more quickly and with greater data accuracy.

      We also implemented information quality guidelines and adopted internal procedures, which strengthen our ability to verify and validate the quality of our data before it is released to the public. In addition, the agency's Office of Inspector General continues to review aspects of the status of the agency's data validity and verification procedures, information systems, and databases and offer recommendations for improvements in its reports. We use the information and recommendations to continually improve our systems and data.

    5. PROGRAM EVALUATIONS

      Program evaluation is an important component of an agency's effort to assure that a program is operating as intended and achieving results. A program evaluation is a thorough examination of program design or operational effectiveness that uses a rigorous methodology and statistical and analytical tools. It also uses expertise within and outside the program under review to enhance the analytical perspectives and add credence to the evaluation and recommendations.

      Completion of a Program Evaluation on the Private Sector Charge Process

      The agency initiated a program evaluation of its private sector charge process, as scheduled in its previous Strategic Plan. An independent contractor focused on answering two key questions or issues about the charge process: 1) whether different charge intake procedures among field offices provide consistent access to charge filing by potential charging parties and affect charge outcomes regardless of where charging parties live, work, or engage EEOC; and, 2) whether the agency-wide emphasis on annual charge inventory control and expedited charge processing affects the nature of charge closures at the end of the fiscal year.

      The contractor issued its final report in November 2006. The contractor made three major findings. It found that, even though there are many intake procedures that are consistent among the field offices, there appear to be major inconsistencies in the nature and amount of information provided to potential charging parties concerning their opportunities, rights, and responsibilities, as well as the nature of information required of them before they could file a formal charge of discrimination. The contractor determined that these procedural inconsistencies may result in unequal opportunity for potential charging parties to access EEOC assistance.

      A second major finding was that these different intake procedures and requirements among field offices, which may affect access to the EEOC, do not appear to influence charge outcomes.

      The third major finding was that field offices close a higher number of charges during months preceding inventory control performance reporting, especially at the end of the two fiscal years reviewed for the evaluation. The contractor concluded that this pattern of charge closures may indicate inconsistent attention to, and treatment of, charges resolved during those pre-performance reporting months relative to other months of the fiscal year.

      The contractor made a special note in its report that it was impressed by the EEOC's overall operation of the Private Sector Charge Process, which handles and closes more than 70,000 charges of discrimination annually and results in significant remediation of discrimination in the workplace. It specifically indicated that the agency appears to be able to keep the process functioning, handling most charges in a timely manner, achieving more "meritorious" resolutions, securing greater monetary benefits for complainants, and keeping charge inventories under control as never before.

      The contractor determined that its three major findings suggest that improvements could be made to the Private Sector Charge Process procedures; however, it concluded that its recommended actions are designed to strengthen the efficacy of the Private Sector Charge intake and closure processes; promoting more equal opportunity for consistent treatment and justice for individuals seeking assistance from EEOC regardless of which field office responds to their inquiries and requests. The contractor recommended numerous actions, but made three major recommendations in its report.

      The contractor recommended that policies and procedures should be established to ensure more consistency among field offices of the information provided by EEOC to potential charging parties regarding their rights, opportunities, and obligations related to the Private Sector Charge Process that may influence their decision to file a charge. In addition, the Agency should review and correct apparent procedural inconsistencies among field offices that may impact the opportunity of potential charging parties to gain access to the Private Sector Charge Process, including hours of operation and the availability of staff to respond to inquiries and conduct intake (interviews and charge filing), the methods available to potential charging parties to participate in intake interviews or file charges, and the kinds of information required of potential charging parties to file charges. Finally, the EEOC should conduct periodic assessments of charge closures during months preceding quarterly and end-of-the-fiscal-year inventory control performance reporting by field offices to ensure that charging parties, whose charges were closed during those months, received equal attention and treatment to parties whose charges were closed at other times of the year.

      The agency will carefully review the report to determine appropriate steps to initiate to address the major findings and recommendations.

      Schedule of Future Program Evaluations

      We have scheduled a number of program evaluations for completion during the next several years and will review opportunities to conduct additional evaluations. These evaluations will help guide adjustments or enhancements to these programs.

      Program Evaluation Statement of Parameters of the Program Evaluation Expected Initiation and Completion
      Federal Sector Mediation Programs

       

      The evaluation will assess the range of mediation/ADR programs used to resolve federal sector complaints. It will review historical results achieved, techniques employed, customer service attained, and other important criteria to measure the various mediation approaches and compare advantages.

      Initiated FY 2005
      Complete FY 2007

      National Contact Center The National Academy of Public Administration will conduct a study of the EEOC's National Contact Center.

      Initiate FY 2006
      Complete FY 2007

      Impact of EEOC Written Guidance Evaluate the use of EEOC's written guidance by stakeholders. Methodologies will be developed to identify appropriate samples of stakeholders using the guidance and the effects of its use on the workplace.

      Initiate FY 2007
      Complete FY 2008

      Systemic Enforcement The evaluation will assess the effectiveness of the EEOC's systemic enforcement initiative.

      Initiate FY 2008
      Complete FY 2010

      Effect of EEOC's Federal Sector Evaluations and Assistance The evaluation will identify specific activities conducted by the EEOC with federal agencies that result in changed policies, practices, or procedures. It will develop a methodology to estimate the results achieved from those changes.

      Initiate FY 2009
      Complete FY 2011

      EEOC External Communications The evaluation will assess the impact and effectiveness of the EEOC's external communications efforts, including outreach programs and the media. Initiate FY 2010
      Complete FY 2012

    6. GENERAL STATEMENT OF LAWS

      The Equal Employment Opportunity Commission was established by Title VII of the Civil Rights Act of 1964 (78 Stat. 253, 42 U.S.C. 2000e et seq.) as amended, (Title VII) and became operational on July 2, 1965. The EEOC has five members, no more than three of whom shall be of the same political party. The members are appointed by the President, by and with the consent of the Senate for rotating five-year terms. The President designates one member to serve as Chair and one member to serve as Vice Chair. The General Counsel is appointed by the President by and with the advice and consent of the Senate for a term of four years.

      The EEOC is charged with promoting equal opportunity in employment by enforcing the federal civil rights employment laws through administrative and judicial actions, education, and technical assistance. We fulfill our mission through the implementation of a vigorous law enforcement program, complemented by proactive prevention through an outreach program that provides information, guidance, and technical assistance to help prevent discrimination from occurring.

      Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin by public and private employers with 15 or more employees, employment agencies, and labor organizations with 15 or more members. Members of the public file charges alleging employment discrimination with the agency field offices. EEOC staff members investigate the charges and issue determinations of "reasonable cause" or "no reasonable cause" to believe the allegations of a charge. If the agency finds cause, it attempts to resolve the charge through conciliation. EEOC also attempts to settle charges through mediation.

      Title VII authorizes the agency to file suit in Federal District Court in order to achieve compliance if it is unable to achieve a remedy through conciliation. If the case involves a state or local government, the agency will refer it to the Attorney General who may file suit in federal court.

      Pursuant to Section 709(c) of Title VII, the Agency requires public and private employers and labor organizations to file periodic reports providing data on the makeup of their workforces or membership by gender and racial/ethnic categories. The data are used by other federal, state, and local agencies charged with enforcement of equal employment opportunity laws, and in aggregate form by non-government organizations and researchers concerned with equal employment opportunity.

      EEOC also enforces the Age Discrimination in Employment Act (ADEA) of 1967, and the Equal Pay Act (EPA). The ADEA protects workers age 40 and older from discrimination in hiring, discharge, pay, promotions, fringe benefits, and other aspects of employment by employers having 20 or more employees, employment agencies, and labor organizations with 25 or more members. The Equal Pay Act prohibits gender-based discrimination in the payment of wages to men and women performing substantially equal work in the same establishment. The EEOC receives and investigates charges of discrimination in these areas and makes findings of "violation" or "no violation" and may file suit in Federal District Court if it is unable to achieve voluntary resolution of violations through conciliation.

      On July 26, 1990, the Americans with Disabilities Act (ADA) became law. This legislation provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by private and state and local government employers with fifteen or more employees. Title I became effective on July 26, 1992, for employers with 25 or more employees and on July 26, 1994, for employers with 15 or more employees. EEOC is responsible for ensuring compliance with Title I by receiving and investigating charges of disability discrimination. At the conclusion of EEOC's investigation, the agency issues a determination of reasonable cause or dismisses the charge (no cause). If EEOC has found cause and is unable to achieve compliance through conciliation, EEOC may file a lawsuit. If the case involves a state or local government, the agency will refer it to the Attorney General who may file suit in federal court.

      Under the statutes EEOC enforces, the agency, through individual Commissioners or by field directors, may initiate charges based on information suggesting that the law has been violated. If the agency decides after investigating that reasonable cause exists to believe that a violation has occurred, remedial relief is sought through the process of conciliation or litigation if conciliation efforts fail.

      Section 717 of Title VII, Section 15 of the Age Discrimination in Employment Act, and Section 501 of the Rehabilitation Act of 1973, bar discrimination by federal agencies on the basis of race, color, religion, sex, national origin, age, and disability. These sections provide the basis for Commission oversight responsibility for the procedures used by federal departments and agencies in processing internal complaints of discrimination. In addition, the agency has appellate jurisdiction to review final decisions of departments or agencies on discrimination complaints upon the request of the complainant. It is also responsible for ensuring that federal departments and agencies maintain programs of equal employment opportunity.

      Further, under Executive Order 12067, the EEOC provides leadership and coordination to all federal department's and agencies' programs enforcing federal statutes, executive orders, regulations, and policies which require equal employment opportunity without regard to race, color, religion, sex, national origin, age, or disability. Coordination is provided to eliminate conflict, competition, duplication, and inconsistency in these programs and to improve their effectiveness. All federal departments and agencies are required to cooperate with and assist the agency in performing these functions and are required to furnish the agency with such reports and information as it may require.


    FOOTNOTES

    [1] Change reflects pro-rated increase of pay adjustment and relocation costs

    [2] Highlighted resources listed in the Management Objective are included in our Strategic Objective

    [3] Includes fiscal year 2006 recession of $927,438 (PL-109-108) and $3,303,006 (PL-109-148)

    [4] Includes reimbursable Full Time Equivalents from the Revolving Fund

    [5] Includes fiscal year 2006 recession of $927,438 (PL-109-108) and $3,303,006 (PL-109-148)

    [6] Includes fiscal year 2006 recession of $927,438 (PL-109-108) and $3,303,006 (PL-109-148)

    [7] Includes reimbursable Full Time Equivalents from the Revolving Fund

    [8] "Hearing Requests Consolidated after Initial Processing" are cases initially processed by EEOC as individual hearings but subsequently consolidated with other hearings.


    This page was last modified on February 8, 2007.