Performance Results

Results Achieved in FY 2010 Under Strategic Plan Performance Measures

Overview of Strategic Plan and Performance Measures

This Performance and Accountability Report is based on the EEOC's current modified Strategic Plan for FY 2007 through FY 2012. The agency's Strategic Plan was first published on October 1, 2006. Over several years, the agency made interim modifications resulting in the current version of its Strategic Plan, which was approved by the Commission on July 28, 2008. A description of the specific modifications is available on the agency's website at www.eeoc.gov.

Because of the change of Administration and the arrival of a new Chair of the Commission, the EEOC intends to issue a new Strategic Plan for implementation in FY 2012. However, the results reported in this PAR are linked to the performance measures contained in the agency's current modified Strategic Plan, which were in effect during FY 2010.

The agency's current strategic plan provides one strategic objective: Justice, Opportunity and Inclusive Workplaces. The plan contains nine performance measures under this Strategic Objective. These measures were used to drive results and accountability throughout the agency.

The EEOC achieved or exceeded its targets for six measures and did not meet its targets for two measures. The multi-year measure is pending, following the completion of the Commission's strategic planning assessment. These performance measures, and the results the EEOC achieved under each measure for FY 2010, are analyzed in greater detail below.

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Results Achieved Under Specific Performance Measures

Long-Term/Annual Measure 1

Long-Term/Annual Measure 1 focuses on tracking the improvements that are made in the workplace as a direct result of EEOC's enforcement programs. It is important to measure the Commission's success by looking beyond the monetary relief secured through enforcement actions. When EEOC secures changes in employment policies, practices, and procedures through enforcement programs, the positive impact extends not only to the immediate victims of discrimination, but also to all individuals in the affected workplace. Through organization-wide changes, individuals benefit from a more diverse workplace and have greater equal employment opportunities. With the agency's renewed emphasis on combating systemic discrimination, the agency expects to make significant increases over time in the number of individuals who benefit from these enforcement activities.

Long-Term/Annual Measure 1 was developed to focus on all enforcement services provided to the public that result in workplace benefits. These results include benefits from administrative resolutions (including mediation), litigation resolutions, and federal sector hearings and appeals resolutions. The Commission established a baseline value for FY 2007 and the projected annual targets and a final goal for the remaining years of the Strategic Plan, based upon the agency's previous experience with data collection for the administrative charge processing program. It was important to include all enforcement programs in the measure, but it was difficult to estimate their effect on the final results. In addition, there was the strong possibility that one or two large enforcement actions against a nationwide entity could affect the results in a significant way in any one year.

The FY 2010 annual target for this measure was to increase the number of individuals benefiting from improvements to organizations' policies, practices, and procedures by 12.2 percent over the FY 2007 baseline. Although the result for FY 2008, 222.9 percent, was already substantially above the annual target established for FY 2009, 234.3 percent, the Commission retained the targets to collect an additional year of data to confirm the successful trend. The FY 2010 result was 326.3 percent above the baseline value, or over 6.9 million individuals who benefited from workplace improvements obtained through EEOC's enforcement programs, once again substantially surpassing the target level.

The Commission will reevaluate the utility of maintaining this performance measure and the associated targets established for FY 2011 in conjunction with its Strategic Plan review process.

Efficiency Measure

Approximately 72.2 percent of the agency's budget is dedicated to compensation and benefits. Linking the external impact of EEOC enforcement programs to the Full-Time Equivalent (FTE) number of positions is thus a measure of agency efficiency.

As of the end of FY 2010, the agency had 2,385 FTE positions. Over 6.9 million individuals benefited from EEOC's enforcement programs because of improvements to policies, practices, or procedures in their workplaces.  Therefore, approximately 2,906.3 individuals benefited for every FTE. This was an increase of 285.7 percent over the FY 2007 baseline, compared to the 4.3 percent increase targeted for FY 2010. As with Long-Term/Annual Measure 1, EEOC retained its FY 2009 target until an additional year of data could be collected to confirm the successful trend.

The Commission will reevaluate the utility of maintaining this performance measure and the associated targets for FY 2011 in conjunction with its Strategic Plan review process.

Long-Term Measure 2

*  A follow-up survey is  pending the completion of the Commission's overall strategic planning assessment.

If members of the public are aware of EEOC's enforcement activities and believe that the agency has handled discrimination complaints effectively, they will be more likely to rely on the Commission to investigate, mediate, litigate, adjudicate, and/or otherwise resolve allegations of discrimination. Additionally, if the agency has a reputation for fair and responsible enforcement of the federal employment discrimination laws, then employers, attorneys and other members of the public will be more likely to defer to EEOC's assessment of discrimination complaints and commit to voluntary compliance through mediation, settlement, or conciliation.

To measure the public's confidence in EEOC's enforcement of federal equal employment opportunity laws, the agency engaged a private organization to conduct a survey in FY 2007 of a representative sample of individuals nationwide. A follow-up survey is pending the Commission's Strategic Plan review process.

As with Long-Term Measure 1 and the Efficiency Measure, the Commission will reevaluate the utility of maintaining Long-Term Measure 2 as part of the agency's overall strategic planning review process.

The EEOC has identified six Annual Measures under Long-Term Measure 2 that contribute to the public's confidence in the agency.

Annual Measures 2.1, 2.2, 2.3: Processing Charges, Hearings, and Appeals.

In recognition of the maxim that "justice delayed is justice denied," Annual Measures 2.1, 2.2, and 2.3 focus on the time it takes for the EEOC to resolve private sector charges, federal sector hearing requests, and federal sector appeals, respectively.

Under Annual Measure 2.1, by FY 2012, the EEOC is to resolve 54 percent of its private sector charges within 180 days. To move the agency toward that final goal, the target under Annual Measure 2.1 for FY 2010 requires the agency to resolve 48 percent of private sector charges within 180 days. As of the end of FY 2010, the Commission had processed 38.3 percent of charges in 180 days or less, which was short of our intended target.  The EEOC's inability to meet this target was due to a large pending inventory, an increasing number of charge receipts, and a shortage of front-line staff.  For the long-term, the agency believes that the multi-year approach to reducing the pending inventory will yield improved performance on processing charges in 180 days or less.  The agency will continue its efforts to achieve target levels for timely service and to improve the quality of investigations while handling the charge inventory. Agency plans to address the pending inventory and concomitantly reduce the time it takes to process private sector charges, are described in greater detail in subsequent sections of this PAR.

Under Annual Measure 2.2, by FY 2012, the EEOC is to resolve 54 percent of its federal sector hearings within 180 days. To reach this final goal, the target under Annual Measure 2.2 for FY 2010 requires the agency to resolve 52 percent of federal sector hearings within 180 days. As of the end of FY 2010, the Commission had processed 37.5 percent of federal sector hearings in 180 days or less.  Although the targets and final goal reflect the Commission's commitment to continue the timely handling of Federal Sector hearings, the agency's reported results remain significantly below the projected targets that were increased to 52 percent for this fiscal year.  Over time, the EEOC's efforts to achieve this goal have become more difficult because of increasing workloads and a greater emphasis on enhancing the quality of hearings.  Additionally, the Commission's efforts to achieve this goal have been compounded by the departure of a number of AJs who accepted ALJ positions at other agencies, which prompted the reassignment of their complaints, creating larger caseloads and further delays in complaint processing. However, the Hearings Program launched technological enhancement, HotDocs, which should streamline the decision writing phase of the Hearings process for the long-term and produce gains in the processing time for complaints.  The Commission will continue to reinforce efforts to achieve the projected annual targets.

Under Annual Measure 2.3, by FY 2012, the EEOC is to resolve 70 percent of its federal sector appeals within 180 days or less.  To reach the final goal, the target under Annual Measure 2.3 for FY 2010 requires the agency to resolve 66 percent of federal sector appeals within 180 days.  The annual targets for this measure have consistently increased and the agency has been able to achieve them every year.  For FY 2010, the EEOC continued this successful effort by resolving 66.2 percent of federal sector appeals within 180 days or less. Thus, the EEOC has exceeded its target for FY 2010.

Annual Measure 2.4: Quality of Private Sector Investigations

Annual Measure 2.4 ensures that investigative files meet quality standards. A large proportion of sampled investigative files are reviewed to determine whether they meet two critical quality criteria: (1) the appropriate charge categorization and file documentation support the actions taken; and (2) the resolution of the charge is supported. This measure is intended to ensure that we do not complete our work at the expense of performing our work well. The annual targets for this measure have increased since the baseline was established in FY 2005 and the agency has exceeded these targets each year. In FY 2010, 96 percent of investigative files met the requisite quality standards, exceeding the target established for FY 2010 of 91 percent.

Annual Measure 2.5: Confidence in Private Sector Mediation Program

Annual Measure 2.5 focuses on EEOC's mediation/ADR program. The agency recognizes that the public's confidence in its mediation program has a significant impact on the public's perception of the agency as a whole.  Results for this measure were obtained by surveying participants in EEOC's mediation program and tabulating the responses relating to the confidence level they reported in using the program.  Based on this methodology, the confidence level in this program is rated consistently high.  The agency believes a high level of confidence helps to convince participants, particularly company representatives, of the value of alternative dispute resolution.  At the end of FY 2010, 96.7 percent of all participants reported that they would return to EEOC's mediation program in the future.

Annual Measure 2.6: Success in Litigation

Annual Measure 2.6 places a premium on maintaining a high level of successful resolutions in the EEOC's litigation program. Successful resolutions include cases decided by favorable court order and those concluded through a consent decree or a settlement agreement in litigation. Achieving success on this measure ensures that the Commission has continued to exercise its prosecutorial discretion responsibly and has litigated cases skillfully. Based on the results of a three-year weighted average (FY 2008 to FY 2010) the EEOC's litigation success rate is 90.2 percent—slightly above the target.

Collaborative FEPA Measure Contributing to EEOC Goals

The EEOC recognizes the importance of working with its partners--the State and Local Fair Employment Practices Agencies (FEPAs).  Therefore, the agency is considering a joint measure that would potentially assess FEPAs' contribution to EEOC's strategic goal and mission.  The recommendation will be reviewed as part of the Commission's overall strategic planning evaluation.

Related Program Results and Activities

Private Sector Enforcement

Successfully Managing the Private Sector Charge Inventory

In FY 2010, the EEOC dramatically slowed the growth of the private sector charge inventory.  A near-record number of receipts in FY 2009 left the agency with a pending inventory of 85,768 charges.  Despite receiving the highest number of charges in our 45 year history in FY 2010, a total of 99,922 charges, the agency achieved 104,999 resolutions and was left with a pending inventory of 86,338 at the end of the fiscal year – an increase of 570 charges, or less than one percent. This is in stark contrast to the 15.9 percent increase between fiscal years 2008 and 2009. 

Over the past decade, the EEOC's inventory has risen significantly, with annual increases ranging from 12% - 38% between FY 2004 and FY 2009.  This growth in inventory has resulted from two primary causes: a 30 percent frontline staff attrition from FY 2000 – FY 2008 and a substantial increase in charge receipts.  However, with the hiring of front-line staff facilitated by recent increases in the agency's budget and a comprehensive approach to charge management, we have started a process that will control the inventory. 

New Hires.  In FY 2010, the agency authorized the hiring of 39 new investigators and 12 new mediators.  Of the 198 net new hires, 66 investigators and 8 mediators were on-board by the end of the fiscal year. This is in addition to backfilling vacancies that had occurred.  The agency expects that this new staff, when fully productive, will process an additional 6,000 charges a year, which will significantly impact the inventory. 

Revitalizing PCHP. We continued to build on our efforts to reinvigorate our Priority Charge Handling Procedures (PCHP). Under PCHP, a triage process used to sort charges into three categories: A, B, or C. Category A charges are those where it appears that further investigation may result in a finding of discrimination. These charges have the highest priority. Category B charges initially appear to have some merit, but require additional investigation, as resources permit. Category C charges are suitable for immediate dismissal.

To provide for more consistent handling of charges under PCHP, we issued a memorandum to all of our field offices which outlined Backlog Reduction Best Practices.  The resulting implementation of these best practices throughout the country is a key component of our success in reining in the inventory growth even during a fiscal year where we saw our largest increase in charge receipts.  

Training and Guidance.  We expanded our training efforts with a focus on a new PCHP training manual.  The training provided an in-depth review of PCHP principles, a reemphasis on intake counseling of potential charging parties, and an interactive discussion.  In FY 2010, we conducted nationwide training for our field enforcement staff that was directed to skill-building in the areas of Intake Counseling and Pre-Determination Interviews. 

We also held two sessions of the highly successful, intensive, two-week training courses for new investigators. The courses also focused on the laws enforced by the EEOC as well as applying legal theory and implementing the investigative tools and techniques used by the EEOC.  This training helps frontline enforcement staff to process new and existing charges more quickly and competently.  In FY 2010, we also delivered the Investigator Support Assistant training, which provided skill development in customer service and intake to these critical support staff positions in our field offices. 

Finally, in planning for the effective date of GINA on November 21, 2009, we provided training to all of our field staff on the implementation issues relating to enforcement of this new law.  This included updating them on the changes to our Integrated Mission System and, the revisions made to forms and letters, as well as covering the nuanced differences between allegations under GINA and the ADA. 

Long-term efforts to reduce the pending inventory will be dependent on the agency continuing to build resources and capacity.  This will allow us to get beyond managing the inventory at its current level, and working aggressively to reduce the inventory of charges so that we can serve the public more efficiently while effectively enforcing the equal employment laws of this country.

Historic Monetary Recovery through Administrative Enforcement

In FY 2010, the EEOC, through its private sector administrative enforcement activities, secured more than $319.3 million in monetary benefits, the highest level of monetary relief ever obtained by the Commission through the administrative process.  This is $25.2 million more than was recovered in FY 2009.  Overall, the agency secured both monetary and non-monetary benefits for more than 18,898 people through administrative enforcement activities – mediation, settlements, conciliations and withdrawals with benefits.

Managing More Charge Receipts, Investigations and Resolutions

Our FY 2010 charge receipt figures show that we have received more charges this year than in any of the prior 45 years of the agency's history.  This surge in charge receipts is due in part to the expanded statutory authorities that EEOC has been given with the ADA Amendments Act (ADAAA) of 2008; the Genetic Information Nondiscrimination Act (GINA) of 2008; and the Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act). 

We also attribute the rise in charge receipts to EEOC becoming more accessible, making charge filing easier and providing better, more responsive customer service.  Our internal Intake Information Group expanded the agency's availability by phone and e-mail.  Additionally, in the last four years, the EEOC has concentrated on revamping its charge intake services, expanding walk-in hours, and issuing a plain language brochure to assist potential charging parties in understanding their rights and the EEOC charge process.  Individuals can now contact the agency by phone, by mail, by e-mail, by going to the EEOC website, or by visiting EEOC field offices. This accessibility, which is a positive development for the agency's stakeholders serves EEOC's law enforcement mission while fulfilling our customer service responsibilities. 

Recent Growth in Charge Receipts

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As noted above, the EEOC achieved 104,999 resolutions, with 20,149 merit resolutions, resulting in a merit factor resolution rate of 19.2 percent. In comparison, the number of merit factor resolutions for FY 2009 was 17,428.  Merit resolutions are charges with outcomes favorable to charging parties and/or charges with meritorious allegations. These include negotiated settlements, withdrawals with benefits, successful conciliations, and unsuccessful conciliations.

Expanding Mediation Program is a Win for both Employees and Employers

The EEOC's mediation program has been very successful.  In FY 2010, the EEOC's private sector national mediation program secured the highest number of resolutions in the history of the program, with a total of 9,362 resolutions, 10 percent more than the 8,498 resolutions reported in FY 2009. The EEOC obtained more than $141.9 million in monetary benefits for complainants from mediation resolutions, which was also a record level.

Participants almost uniformly view the mediation program favorably, with 96.7 percent reporting confidence in the program this year.  The agency continues to focus efforts on increasing the participation of employers. To that end, the agency encourages the employer community to enter into Universal Agreements to Mediate (UAMs). These agreements reflect employers' commitment to consider mediating charges. At the conclusion of FY 2010, the agency obtained a cumulative multi-year total of 1,787, which is an 11.5 percent increase from FY 2009. 

Litigation

Challenging Discrimination in Federal Court

In FY 2010, EEOC field legal units filed 250 merits lawsuits including 154 individual suits and 96 multiple-victim suits.  ("Merits" lawsuits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the Commission and suits to enforce administrative settlements.)  Of these new filings, 192 contained Title VII claims, 40 contained Americans with Disability Act claims, 28 contained Age Discrimination in Employment Act claims, and 2 contained Equal Pay Act claims.  (The total number of merits lawsuits is less than the sum of the suits based on each individual statute as some suits are filed under multiple statutes.)  The Commission also filed  21 subpoena enforcement and other actions. 

Legal staff resolved 285 merits lawsuits for a total monetary recovery of $85 million.  Of these resolutions, 197 contained Title VII claims, 60 contained Americans with Disabilities Act claims, and 38 contained Age Discrimination in Employment Act claims.  The Commission also resolved 28 subpoena enforcement and other actions during the fiscal year.  In terms of dollars recovered in direct, indirect and intervention lawsuits by statute, EEOC recovered $73.9 million in Title VII resolutions, $5.2 million in ADEA resolutions, $2.8 million in ADA resolutions, and $2.9 million in resolutions involving more than one statute.  At the end of FY 2010, EEOC had 457 cases on its active docket, and 212 (46.4%) involved multiple aggrieved parties or challenges to discriminatory employment policies.

Systemic Initiative

Maximizing Impact through Systemic Enforcement

Launched in April 2006, the EEOC's Systemic Initiative prescribes comprehensive measures to improve all aspects of the agency's work in combating systemic discrimination. The Commission's objective is to strengthen and modernize its nationwide approach to identifying, investigating, and litigating systemic cases, which the systemic task force report defined as "pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company, or geographic location." More details about the Systemic Initiative can be found at http://www.eeoc.gov/eeoc/task_reports/systemic.cfm.

Systemic cases are highly complex.  They require greater resources, highly trained investigators and attorneys, and sophisticated expert analysis by statisticians, industrial psychologists, and labor market economists.  The Commission has been devoting significant resources to strengthening its systemic-oriented skill set in EEOC staff. The agency has hired experts in the fields of statistics, industrial psychology and labor market economics that will partner with district offices to work on larger cases.  The agency will continue to assess whether additional or different types of expertise would aid in building the systemic program.

The systemic initiative is one of the EEOC's top priorities because cases of systemic discrimination examine employer practices that impact large numbers of individuals.  Thus, increased resources devoted to systemic work benefit a greater number of persons in the workforce.  These benefits can occur during the investigative process when the EEOC secures voluntary compliance with the law or through EEOC litigation when the employer is unwilling to comply voluntarily.  Oftentimes, systemic investigations resolve a number of individual charges that have been filed, and the resolution benefits the entire workplace so that individual charges do not need to be filed in the future. 

At the end of FY 2010, 465 systemic investigations, involving more than 2,000 charges, were being undertaken.  (Statutory confidentiality generally prohibits the Commission from identifying employers which are subject to EEOC investigations.)  Included among the systemic investigations were 39 Commissioner-initiated charges, a considerable increase from the 15 Commissioner charges being investigated in 2006, when the Systemic Task Force Report was issued.  In FY 2010, EEOC field offices completed work on 165 systemic investigations resulting in 29 settlements or conciliation agreements, recovering $6.7 million.  In addition, 50 systemic investigations were resolved with reasonable cause determinations and have been referred to field legal divisions for consideration of litigation. 

In FY10, the Commission filed 20 lawsuits with at least 20 known or expected class members.  This comprises 8% of all merits filings, and is the largest volume of systemic suit filings since we started tracking in FY 2006.  We filed 19 such suits filed in FY 2009, 17 in FY 2008, 14 in FY 2007 and 11 in FY 2006.  Expressed differently, 60 cases on our active docket at the end of FY10 were systemic cases, accounting for 13% of all active merits suits.  This is comparable to the volume of systemic cases in our active docket at the end of FY09.  Based on the large volume of systemic charges currently in investigation, we expect the quantity of systemic lawsuits and their representation on our total docket to continue to steadily increase.  This past year, we resolved 16 systemic cases, twelve with between 20 and 99 class members and four with over at least 100 class members.

Below is a sampling of significant resolutions of systemic discrimination lawsuits in FY 2010:

EEOC v. Outback Steakhouse of Florida, Inc., and OS Restaurant Partners, Inc. d/b/a Outback Restaurants - In this case against a nationwide restaurant chain, the EEOC alleged that the company engaged in a pattern or practice of discrimination against women by failing to hire and promote them into management positions and by providing them inferior job assignments, fewer training opportunities, and less opportunity for advancement. A consent decree provides a $19 million settlement fund for around 3,000 class members. Among various forms of equitable relief, the restaurant is adopting objective promotion procedures to ensure that selections for the positions are gender‐neutral.

EEOC v. Albertson's LLC fka Albertson's, Inc. - The EEOC filed three Title VII lawsuits (subsequently consolidated) against Albertson's, a national grocery chain, involving discrimination on the bases of race (black), color, national origin (Hispanic), and retaliation at Albertson's distribution center in Aurora, Colorado.  The parties entered into a 4-year consent decree resolving the three suits for $8.9 million, to be distributed to 168 eligible class members.

EEOC v. Wal-Mart Stores, Inc. - The EEOC filed this Title VII lawsuit alleging that Wal-Mart, an international discount retailer, failed to hire women for order-filler positions in its London, Kentucky, distribution center because of their sex.  The 5-year consent decree provides for $11.7 million in backpay and compensatory damages to approximately 4,000 eligible claimants.  The decree enjoins defendant from sex discrimination in hiring for the order-filler position at the facility, and prohibits retaliation.

EEOC v. Republic Services – In this ADEA suit, the EEOC alleged that Republic discharged and denied job transfer opportunities to 20 employees over the age of 40 at its facilities in southern Nevada because of their age. The list of fired employees included garbage collectors, drivers, and supervisors, some of whom were employed by the company for more than 25 years.   The parties entered into a 3-year consent decree under which Republic will pay $2.98 million and provide other relief to a class of older workers.

EEOC v. ABM Janitorial Services  – The EEOC alleged that ABM engaged in egregious sexual harassment of Hispanic female janitorial workers and failed to respond to the employees' repeated complaints of harassment in violation of Title VII.  The EEOC obtained monetary relief of $5.8 million for 21 employees and a three year consent decree.

EEOC v. GMRI, Inc., d/b/a Bahama Breeze – In this Title VII lawsuit, the EEOC alleged that defendant, which operates 23 Caribbean-inspired casual restaurants subjected a class of black employees at its Beachwood, Ohio restaurant to a racially hostile work environment and constructively discharged one individual.  The 3-year consent decree provides $1.26 million in compensatory damages to 37 class members and enjoins defendant from racially harassing employees and from retaliating against them if they complain.

Federal Sector Enforcement

The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The Commission assures federal agency and department compliance with EEOC federal sector regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, and develops and distributes federal sector educational materials and conducts training for stakeholders. The EEOC also has two roles in the adjudication of federal sector EEO complaints.

Effectively Adjudicating Hearings and Appeals

Unlike its responsibilities in the private sector, the Commission does not process complaints of discrimination for federal employees. In the federal sector, individuals file complaints with their own federal agencies and those agencies are required to conduct a full and appropriate investigation of the claims raised in the complaints. Complainants can then request a hearing before an EEOC administrative judge (AJ) at the conclusion of the investigation stage of the federal sector process.

In FY 2010, EEOC secured more than $63 million in relief for parties who requested hearings.  There were a total of 7,707 requests for hearings, more than the 7,277 received in FY 2009. Additionally, the Commission's hearings program resolved a total of 7,213 complaints. 

During FY 2010, the Commission continued to pursue technology to make the Federal Hearings process faster and more effective.  The agency rolled out to all Hearings Units new HotDocs software that runs automated document processing, and provides AJs with standardized templates for orders, decisions and letters.  HotDocs ensures uniformity in the style, format and appearance of Commission documents, consistency in use of the same common legal principles by all AJs in Orders and Decisions, and efficiency in document preparation thus allowing EEOC staff to devote more time to focus on substantive legal analysis. 

Additionally, in FY 2010, the agency refined HECAPS (Hearings Electronic CAse Processing System) in five pilot offices -- San Antonio, Dallas, Miami, Philadelphia, and New York.  The Hearings Units in these offices now have the ability to process a hearings case nearly paper-free.  The parties to a Federal EEO dispute send their submissions to the AJ electronically either via e-mail or CD.  The EEOC plans to implement HECAPS in all Hearings Units in FY 2011 and is developing systems so that the parties to a Federal EEOC dispute can send all their submissions to an EEOC Hearings Unit via the web. 

The Commission adjudicates appeals of federal agency actions on discrimination complaints, and ensures agency compliance with decisions issued on those appeals.  During FY 2010, the EEOC received 4,545 appeals of final agency actions in the federal sector, fewer than the 4,745 such appeals received in FY 2009. In FY 2010, the agency resolved 4,607 appeals, 66.23 percent of them within 180 days of their receipt. This compares with 4,207 appeals resolved in FY 2009 (65 percent of which were resolved within 180 days of receipt). The agency achieved these results by leveraging technology and successfully managing the appellate inventory.

Continued Emphasis on Federal Sector Mediation Program

Using Alternative Dispute Resolution (ADR) techniques to resolve workplace disputes throughout the federal government can have a powerful impact on agencies' EEO complaint inventories and, in turn, the Commission's hearings and appeals inventories. Resolving disputes as early as possible in the federal sector EEO process improves the work environment and reduces the number of formal complaints, allowing all agencies, including the EEOC, to redeploy resources that otherwise would be devoted to these activities. In addition, a growing number of agencies have incorporated dispute prevention techniques into their ADR programs, further increasing productivity and reducing the overall number of employment disputes.

Data submitted by federal agencies at the close of FY 2009, the most recent data available, indicate that there were 39,038 instances of pre-complaint EEO counseling across the federal government. Of that number, the parties participated in ADR in 19,261 cases, or 49.3 percent of the time, a slight decrease from FY 2008's 49.5 percent ADR participation rate.

The EEOC continues to actively pursue a variety of ways to assist federal agencies in improving ADR, such as identifying and sharing best practices; providing assistance in program development and improvements; training federal employees and managers on the benefits of ADR; and maintaining a web page that serves as a clearinghouse for information related to federal sector ADR. The Commission will continue to expand its technical assistance to agencies to encourage the development of effective ADR programs and promote ADR training among government managers and staff.

Outreach, Education and Technical Assistance

The Commission's outreach, education and technical assistance efforts focused on increasing voluntary compliance with federal equal employment laws and on improving employee and employer awareness of rights and responsibilities under federal employment discrimination laws.

Agency Outreach Continues to Reach Diverse Audiences

The agency's no-cost outreach programs reached 229,191 persons in FY 2010. EEOC offices participated in 3,766 no-cost educational, training, and outreach events.  Additionally, in FY 2010, the Training Institute trained over 20,000 individuals at more than 450 events, including 300 field Customer Specific Training events with about 10,200 attendees.

Specific outreach events included 1,561 oral presentations, 298 training sessions and 248 stakeholder input meetings.  These three major types of educational events reached 117,089 people.  Offices represented the Commission at 734 public events that reached 52,870 people. These events included information meetings with community organizations and professional associations. Informational materials were distributed to 55,231 people through participation in job fairs, ethnic and cultural festivals, expositions and conventions. Commission employees also made 539 media presentations, including newspaper, radio and TV interviews, talk shows, and press conferences that provided substantive equal employment opportunity (EEO) information to millions of stakeholders.

Small Business Outreach. The Commission worked collaboratively with the small business community to prevent employment discrimination and promote voluntary compliance. EEOC offices conducted 451 no-cost outreach events directed toward small businesses in FY 2010, reaching over 30,192 small business representatives. The most popular topics for small business audiences were an overview of the laws enforced by EEOC, charge processing procedures, sexual harassment, Title VII and the ADA.

ADAAA and GINA Outreach.  Civil rights laws are dynamic and constantly evolving.  With new legislation such as the ADA Amendments Act and GINA, the EEOC conducted outreach to provide comprehensive training to ensure that employers were kept abreast of the status of the laws in order to prevent unconscious violations.  The ADA was the main topic at 635 no-cost events in FY 2010 reaching nearly 40,000 people; GINA was the main topic at 293 no-cost events that reached just over 18,000 people. 

Outreach to Under Served Geographic Areas and Communities. To extend the reach of the agency, it is important that the Commission develop outreach and partnership opportunities outside of the usual areas.  In FY 2010, the Commission conducted 921 events in areas beyond the usual reach of our office locations, reaching over 55,500 individuals.  Offices traveled to States and communities where no EEOC office is located, partnering with local community organizations to conduct town hall meetings and training sessions beyond the normal hours of operation.  The Commission also provided over 130 off-site intake and counseling services in neighborhoods where persons with limited English proficiency may be less likely to come to our offices.

Federal Sector Outreach. EEOC's Management Directive 715 (MD-715) identifies Essential Elements for structuring model EEO programs.  Attainment of a model EEO program provides an agency with the necessary foundation for achieving a discrimination-free work environment.

A discrimination-free work environment, characterized by an atmosphere of inclusion and free and open competition for employment opportunities, is the ultimate goal of MD-715 and the federal government. MD-715 provides a roadmap for creating effective EEO programs for all federal employees as required by Title VII, as amended, 42 U.S.C. § 2000e et seq., and Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.

To assist agencies in reporting under MD-715, EEOC provides tools and assistance to agencies to help them analyze their work forces and uncover barriers to equal employment opportunities.  Once barriers are identified by agencies, Commission staff collaborate with them to develop creative strategies to eliminate or reduce the impact of identified obstacles.  Further, we 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.

The six Essential Elements for maintaining model Title VII and Rehabilitation Act programs are: (1)Demonstrated commitment from agency leadership; (2) Integration of EEO into the agency's strategic mission; (3) Management and program accountability; (4) Proactive prevention of unlawful discrimination; (5)Efficiency; and (6) Responsiveness and legal compliance

Federal agencies' annual submission of MD-715 reports serves as a key component by which EEOC ascertains agencies' progress in creating model EEO programs.  Moreover, it provides a mechanism by which the Commission can provide meaningful feedback to agencies on either a single, or multiple-year comprehensive, trend analysis of their submissions. 

In FY 2010, the Commission provided 35 three-year trend analysis letters to reporting agencies under MD-715. In addition, staff provided in-person technical assistance to another 53 federal agencies.  In their role as consultants, EEOC staff provided guidance and recommendations related to the agencies' organizational structures, EEO policies, procedures, and practices, workforce policy, and inclusion.

Training Institute Provides Employers and Employees with Education and Technical Assistance

The EEOC Training Institute is a separate statutory authority that enables the Commission to offer in-depth and specialized programs on a fee basis to supplement free general informational and outreach activities that are an ongoing aspect of the agency's mission. The Training Institute offers diverse, high quality, reasonably priced EEO expertise and training products to private sector employers, state and local government personnel, and employees of federal agencies. In FY 2010, the Institute trained over 20,000 individuals at more than 450 events. The Training Institute offered the following products/service lines:

Technical Assistance Program Seminars (TAPS). 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 employers and employees about how to identify, prevent and eliminate workplace discrimination. In FY 2010, 34 TAPS were conducted throughout the country with over 5,000 participants.  Offices did well attracting customers; attendance averaged about 147 participants per event, which was an increase from the 2009 average.

National Federal Sector Conference. An annual national federal sector conference, the Examining Conflicts in Employment Laws (EXCEL) Conference, has become a widely anticipated and highly acclaimed event for federal EEO managers, attorneys, union officials, and other EEO professionals. This year's conference marked the 13^th anniversary of this event and attracted more than 900 attendees.

Customer Specific Training. The Customer Specific Training (CST) program trains employees, managers, supervisors and human resource professionals from large, mid-size and small employers on their EEO responsibilities and how to prevent and correct workplace discrimination. Standardized courses are available, or the Institute can design customized courses to be delivered at employers' worksites. In FY 2010, the Training Institute held 300 field CST events that reached approximately 10,200 attendees.

Regulations, Enforcement Guidance and Technical Assistance Documents

Providing Clarity through Regulations, Enforcement Guidance and Technical Assistance

EEOC regulations and enforcement guidance represent the Commission's official positions on a range of issues that arise under the employment discrimination laws enforced by the agency. These documents aid EEOC employees in conducting investigations and litigation, serve as references for the courts when resolving novel legal issues, and inform individuals and employers of their legal rights and responsibilities. EEOC also publishes technical assistance documents, which provide the public with explanations of EEO laws and policy that avoid excessively legalistic language and are easy to understand. Technical assistance documents do not establish new EEOC legal interpretations, but rather apply existing policy in specific contexts and, often, identify employer best practices.

In FY 2010, the agency initiated or issued the following:

Regulations under the Genetic Information Nondiscrimination Act of 2008 (GINA). The EEOC began enforcing Title II of GINA on November 21, 2009. GINA requires the Commission to issue implementing regulations. In March 2009, the Commission issued a Notice of Proposed Rulemaking (NPRM) to address substantive matters covered by GINA, such as what constitutes "genetic information," the prohibition against using genetic information in employment decisions, and the limited circumstances in which employers may acquire this information. The NPRM also details employers' obligation to keep genetic information confidential and explains when claims should be raised under Title I of GINA (covering health insurers and enforced by other federal agencies), instead of under Title II (the employment title). To help the public better understand this NPRM, the Commission contemporaneously issued a plain-language technical assistance document titled, Background Information for EEOC Notice of Proposed Rulemaking on Title II of the Genetics Information Nondiscrimination Act of 2008.

After considering public input about the proposed rule, the Commission approved a final regulation, and in September 2009, sent it to the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget for review and clearance.  Between September 2009 and April 2010, the Commission engaged in discussions with OIRA and other interested federal agencies regarding potential revisions to the final regulation.  In April 2010, OIRA cleared a revised version of the final rule.  This revised final rule currently was the subject of internal discussions and further revisions, in part because three of the Commission's five current members joined the Commission in April 2010.  It was ultimately approved by the full Commission early in FY 2011.

The Commission also issued a final rule to amend its procedural and administrative regulations to reflect the Commission's charge-processing responsibilities under GINA, which was published in the Federal Register on December 7, 2009. These amended regulations clarify for the public how, administratively, the Commission will process private sector charges and federal sector complaints of discrimination alleging violations of GINA.  This regulation was drafted after consideration of public comments to a NPRM that was published in the Federal Register on May 20, 2009.

Regulations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Congress passed the ADAAA in response to a series of Supreme Court decisions that interpreted the ADA's definition of "disability" very narrowly.  With the ADAAA's passage, Congress also explicitly expressed its expectation that the EEOC would revise its regulations implementing Title I of the Americans with Disabilities Act (ADA) in accordance with the ADAAA's much broader interpretation of "disability."  In September 2009, the Commission approved the NPRM titled Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended.  Among other things, this NPRM broadly construes the term "substantially limits" to allow coverage for lesser limitations than that required by the Supreme Court and by the EEOC's 1991 ADA regulations, expands "major life activities" to include "major bodily functions," considers impairments that are episodic or in remission as substantially limiting if they would be so when active, and requires evaluation of whether an impairment substantially limits a major life activity without regard to mitigating measures (except for ordinary eyeglasses and contact lenses). The NPRM also incorporates the ADAAA's expanded definition of what it means to be "regarded as" an individual with a disability.  To aid the public's understanding of the NPRM, EEOC published a 10-page, plain language explanation in question and answer format. 

The Commission received over 600 comments on the proposed rule. In October and November of 2009, the Commission also held four "Town Hall Listening Sessions," together with representatives of the U.S. Department of Justice, in Oakland, Philadelphia, Chicago, and New Orleans.  The Commission is considering a final rule.  

Regulations under the Age Discrimination in Employment Act of 1967, as amended (ADEA).  In light of a 2005 Supreme Court decision holding that disparate impact claims are available under the ADEA, the Commission issued a 2008 NPRM, titled Disparate Impact under the Age Discrimination in Employment Act, to reiterate the availability of disparate impact claims, and to propose that the burden of proving the defense of "reasonable factor other than age" (RFOA) is on the employer.  The 2008 NPRM requested public comments about whether the Commission should provide additional guidance on how the RFOA standard should be evaluated.

After considering the public comments, several of which encouraged the Commission to explain the scope of the RFOA defense, the Commission issued a companion NPRM, Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act, which was published in the Federal Register on February 18, 2010.  The Commission currently is considering the public comments received in response to this NPRM, and preparing a single final rule for both the 2008 and 2010 proposals. This final rule must be approved by a majority vote of the Commission and then sent to OIRA for review and clearance prior to publication. 

Regulations that Govern the Federal Sector Discrimination Complaint Process.  EEOC regulations control the processing of employment discrimination claims raised by federal government employees under Title VII of the Civil Rights Act of 1964 (Title VII), the ADEA, Section 501 of the Rehabilitation Act, the Equal Pay Act, and/or Title II of GINA.  In response to concerns raised by participants and other stakeholders, a Commissioners' Federal Sector Workgroup considered changes to improve the efficiency and effectiveness of this complaint process.  The Workgroup proposed several discrete changes to the existing process, which are reflected in the Commission's December 2009 NPRM titled Federal Sector Equal Employment Opportunity Complaint Processing.  This NPRM would, among other things:

• Remind agencies of their obligation under Title VII to comply with specific management directives and other EEOC instructions,
• Provide a method for agencies to petition the EEOC for a variance from the complaint processing procedures in order to perform innovative pilot programs for complaint processing,
• Amend certain grounds for dismissing complaints where the claim alleges retaliation, to require agencies to provide certain notifications to complainants when it fails to timely complete its investigation, to clarify the relief available for breach of a settlement agreement, and
• Amend several aspects of class complaint processing to improve efficiency.

Prior to publishing the NPRM, the Commission, pursuant to Executive Order 12067's interagency coordination requirement, circulated this NPRM to the 170 federal agencies that it would affect.  The public comment period closed on February 19, 2010.        

Technical Assistance on H1N1Flu Virus and the ADA.  Replacing basic guidance posted on its web site during the initial H1N1 outbreak in FY 2009, EEOC issued a more comprehensive technical assistance document in early FY 2010 titled Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.  This document provides information about what sort of actions fall within the ADA's limitations on employer-initiated medical inquiries or examinations; how the ADA's allowance for employer actions that avoid a "direct threat" may apply in a pandemic; what actions employers may take with workers who have flu-like symptoms during a pandemic, such as requiring them to go home, wear personal protective equipment, or take certain medications; and whether special considerations must be made for workers who request a reasonable accommodation.      

Compliance with FOIA and Section 83

Promoting Transparency through Disclosure

Access to EEOC records may be requested under two separate disclosure systems -- the Freedom of Information Act (FOIA), and a simpler, internal system found at Section 83 of the EEOC Compliance Manual (Section 83).  Historically, 95% of all disclosure requests made under both systems are for closed charge files. That pattern is expected to continue.

Based upon an anticipated increase in charge resolutions, the number of FOIA requests received by EEOC is projected to increase in FY 2011 to the low to mid-16,000s, rising by FY 2013 to the mid-18,000s.  Despite this growth, the EEOC anticipates that the pending inventory of FOIA requests will continue to decline. This is due to the addition of 31 dedicated records disclosure positions at EEOC; the implementation of training for these and other employees with disclosure duties; the acquisition of Adobe Pro redaction software; and implementation of a comprehensive, unified FOIA tracking system that captures FOIA data and allows the public to file information requests via the internet and to check the status of those requests on-line.  Through these measures, EEOC already has drastically reduced its pending inventory of information requests in FY 2010. 

The data also suggests that the number of Section 83 disclosure requests for closed charge files similarly will increase, to over 7,000 requests in 2011 and to the high 7,000 range by FY 2013.  In part, this can be attributed to broadening the scope of Section 83 in 2009 so that it now applies not only to charges filed under Title VII and the ADA, but also to claims alleging violations of the ADEA, the Equal Pay Act, and Title II of GINA.

Agency Infrastructure and Operations

The EEOC is continually seeking ways to achieve organizational excellence through sound management of its resources—human, financial and technological.

Human Resources

Hiring and Hiring Reform

While continuing to backfill vacancies that occurred during the fiscal year, the agency hired an additional 198 new employees. In addition to the positions the agency set out to hire in FY 2009, 39 Investigators, 12 Mediators, 9 Trial Attorneys, and support staff were authorized in FY 2010. The agency anticipates using its automatic backfill process in FY 2011.

Pursuant to initiatives from the Office of Personnel Management (OPM) and the Office of Management and Budget (OMB), EEOC's Office of Human Resources worked together with agency hiring managers and senior officials to develop a new hiring reform action plan designed to improve the agency's hiring process.  The goal is to hire new employees within 80 calendar days.

Increasing Employee Recognition and Development

Employees are recognized through the Commission's Awards and Recognition Program for significant achievements and ideas that benefit the EEOC. In FY 2010 EEOC employees received 1,622 monetary awards totaling over $1.3 million, and 1,107 time-off awards totaling 18,288 hours.

In the area of employee development, the agency dedicated the bulk of its $2.8 million training budget to addressing critical gaps in knowledge and skills needed by managers, supervisors, and employees, particularly those occupying Mission Critical Occupations (Investigators, Trial Attorneys, Mediators, and Administrative Judges). Training efforts were focused on expanding the skills and knowledge necessary to carry out new enforcement responsibilities and maintaining a high level of performance and customer service.

More than $500,000 was dedicated to providing new Investigators with the core essentials for successful integration into their operational roles. Another $400,000 was spent to provide training on enforcement of new laws and enhanced enforcement strategies and workload management skills that will lead to improved performance and service delivery.

In addition, the agency delivered training designed to ensure that experienced managers possessed the talent and skills necessary to elicit optimum performance, and provided new and prospective leaders with core transition competencies and skills. More than $250,000 was devoted to 1) assisting new managers in moving from line staff to supervisor and/or transitioning into EEOC's management culture; 2) enhancing or refreshing performance management skills and competencies; and 3) providing prospective supervisors with information and insight into the world of supervision and management at EEOC.

Improving Employee Satisfaction and Wellness

The EEOC has consistently demonstrated its commitment to employee wellness by promoting healthy practices and related workplace initiatives. The Agency operates comprehensive health unit services through the Department of Health and Human Service's Federal Occupational Health at headquarters and most field offices. These health units provided flu shots, including the H1N1 vaccine, to all EEOC employees at no cost to the employee. The Agency's headquarters location houses a fitness center with showers and locker rooms, secured bike room and outside bicycle rack, hand sanitizing stations, indoor/outdoor tobacco free areas, and a lactation room in the health unit. The Agency also continued a contract that provided defibrillators throughout the workspace and training on their use.

Yearly health fairs are held to assist employees in navigating among the myriad of health options available to them. For example, this year's health fair offered blood pressure screening, body mass index assessment, and healthy cooking demonstrations, all part of a one stop health educational market place.

Information Technology

Helping to Transform Agency Operations

In FY 2010, the EEOC Office of Information Technology developed new strategic direction for leveraging the power of technology to transform agency operations.  This IT vision was created through multiple working sessions with EEOC staff representing all of the agency's major program areas - ensuring a strong, direct alignment to EEOC's business needs, mission goals, and priorities.  Accordingly, each of the FY 2010 IT initiatives described herein directly support this vision, providing fundamental components necessary to meet the long-term goals.

Modernization - A key component required to achieve the IT strategic vision is the modernization of IT infrastructure.  This year we completed an enterprise-wide refresh of desktop computers within budget and on schedule.  Outdated CPUs were replaced with new powerful laptops, docking stations, and extended desktop (dual monitor) capability – providing users with six times more memory and two times more storage capacity, for a more efficient and responsive working environment. The new laptops also enhance security and telework capability with whole disk encryption, CompuTrace monitoring, and standard locked-down FDCC-compliant images.  In addition to providing new laptops, the EEOC doubled the number of mobile BlackBerry devices deployed to staff working in the field.

Customer Support - Support for new technology was augmented by the implementation of a new Nationwide IT Help Desk, expanding internal customer support hours and providing local support to EEOC field offices that do not have an onsite IT staff presence.  EEOC also filled critical IT workforce gaps at six district offices.

Reliability - In order to ensure reliable file sharing and print services for headquarters and field offices, EEOC also completed analysis, planning and acquisition tasks necessary to replace and upgrade obsolete network server hardware and operating systems (OS) nationwide.  Pilot deployments of the new network servers will initiate in early FY 2011. 

Security - The efficient and effective use of our networks is important to promote a more citizen-centered and results-oriented government. To decrease security risks associated with potential unauthorized use or compromise, EEOC implemented a Secure Domain Name System (DNS) in FY 2010 to provide top level security for our .gov domain space.  We additionally implemented Internet Port 80 protection to prevent access to malicious websites and to protect against malicious code that might be inadvertently introduced by browsing the internet.  EEOC also introduced new anti-malware software at the desktop level, to automatically protect not only against viruses, but also adware and spyware.

Litigation Support - Although infrastructure modernization is critical, expansion of our data systems to meet growing mission and program requirements was also a priority for EEOC in FY 2010.  Based on the success of our FY 2009 pilot of "CaseWorks" (which integrated remote access technology with litigation support software and electronic documents/discovery in a centralized environment), in FY 2010 we expanded these capabilities by providing a second server at our headquarters location, integrating the litigation case analysis tools with our Document Management System (DMS), and introducing new discovery management software.  Through the CaseWorks environment, attorneys from multiple offices can access the software remotely and work collaboratively on systemic and litigation activity.  We additionally introduced a new Systemic Web Portal to enhance communication and collaboration for our National Systemic Program.  This portal provides systemic investigators and attorneys with access to an online library which contains manuals and guidance, sample documents, contact information, reports, focus areas, and other analysis and information to support national investigations.  It also provides capabilities for subject-specific discussion groups.

Systems - New legislative requirements associated with the Genetic Information Nondiscrimination Act were implemented in the Integrated Mission System (IMS) to better manage and report on enforcement and outreach activities related to employment discrimination based on genetic information.  EEOC also supported transparency and public access to information by posting 23 data sets to the OMB data.gov site. 

Through the modernization of our IT infrastructure, use of innovative web and integration technologies, transformation of our business processes, and continued application of best practices, EEOC will continue to leverage the power of technology to transform agency operations in alignment with our strategic goals and mission priorities.

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 to add credence to the evaluation and recommendations.

A final report with recommendations to the Commission, concluding a nationwide program evaluation that was started in FY 2008 of the Priority Charge Handling Procedures, is expected in 1st Quarter FY 2011.

The following schedule of program evaluations will be reviewed during the Commission's Strategic Plan review process.

VERIFICATION AND VALIDATION OF DATA

The Commission's 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.  The agency will continue efforts to ensure the accuracy of its program information and any analysis of the information.

The agency continually reviews the information it collects in various databases for accuracy by using software editing programs and program reviews of a sample of records during field office technical assistance visits.  In addition, agency 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.

The EEOC has 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, the agency 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 EEOC receives. 

Finally, the agency continues to improve the collection and validation of information for the Integrated Mission System (IMS), which consolidates the agency's mission data on charge intake, investigation, mediation, litigation, and outreach functions into a single shared information system.  IMS includes many automated edit checks and rules to enhance data integrity. 

Since several of the EEOC's performance measures require the use of data to assess our achievements, it is significant that the agency can now obtain those data much more quickly and with greater data accuracy.

The agency also implemented information quality guidelines and adopted internal procedures that strengthen the EEOC's ability to verify and validate the quality of 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 EEOC's data validity and verification procedures, information systems, and databases, and offers recommendations for improvements in its reports.  The Commission uses the information and recommendations to continually improve the agency's systems and data.