Performance Results

RESULTS ACHIEVED UNDER SPECIFIC PERFORMANCE MEASURES

STRATEGIC OBJECTIVE I: Combat employment discrimination through strategic law enforcement.

The agency adopted two outcome goals to further the objective of strategic law enforcement: 1) to have a broad impact in reducing employment discrimination at the national and local levels; and 2) to remedy discriminatory practices and secure meaningful relief for victims of discrimination.

EEOC also identified and is implementing four key strategies:

• Develop and implement a Strategic Enforcement Plan that: 1) establishes EEOC priorities; and 2) integrates EEOC's investigation, conciliation, and litigation responsibilities in the private and state and local government sectors; adjudicatory and oversight responsibilities in the federal sector; and research, policy development, and education and outreach activities;

• Rigorously and consistently implement charge and case management systems to focus resources and enforcement on agency priorities;

• Use administrative and litigation mechanisms to identify and attack discriminatory policies and other instances of systemic discrimination; and

• Use agency decisions and oversight activities to target discriminatory practices and policies in federal agencies.

EEOC has developed Performance Measures 1 through 6 to track the agency's progress in pursuing these strategies and Performance Measure 7 to track the progress of its state and local partners.

Under its first objective, the Strategic Plan directed the agency to develop a Strategic Enforcement Plan (SEP), which was approved on December 17, 2012. The SEP: 1) establishes EEOC's national priorities and 2) integrates the agency's investigation, conciliation and litigation responsibilities in the private and public sectors; adjudicatory and oversight responsibilities in the federal sector; and research, policy development, and education and outreach activities. The six SEP priorities are: 1) eliminating barriers in recruitment and hiring; 2) protecting immigrant, migrant and other vulnerable workers; 3) addressing emerging and developing issues; 4) enforcing equal pay laws; 5) preserving access to the legal system; and 6) preventing harassment through systemic enforcement and targeted outreach. Its implementation will ensure a targeted, concentrated, and deliberate effort to pursue priority issues and practices that significantly affect applicants, employees, and employers.

STRATEGIC ENFORCEMENT PLAN

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

 

For fiscal year 2015, the agency's goal was to conduct a preliminary evaluation of the SEP approved by the Commission in December 2012. To work toward that goal, the Chair approved a plan to conduct an evaluation of the SEP's implementation. The evaluation started in late September by distributing surveys to Commissioners, to be followed in fiscal year 2016 by surveys of program directors, all field directors, and regional attorneys. The evaluation will also include an analysis of data on charges, litigation, hearings and appeals, as well as outreach. An analysis of the survey results are anticipated in early fiscal year 2016.

The Commission assesses the progress of the SEP through quarterly briefings and reports from the lead program offices responsible for implementing the SEP. The briefings also include updates on other significant matters and on the effectiveness of the delegations of authority to field offices, the Office of Federal Operations, and the General Counsel. For example, in fiscal year 2015, as a result of the briefings, the Chair issued an operational directive clarifying the scope of the SEP priority concerning emerging and developing issues based on feedback from staff.

In February 2015, the Commission held a first quarter briefing with program staff to assess implementation of the SEP and provide Commissioners with an opportunity to ask questions concerning the agency's work. The combined second and third quarter briefings were held on September 16, 2015. During the quarterly briefings, program offices reported their enforcement and outreach efforts implementing the SEP priority issues. The quarterly briefings serve to keep the Commission informed about the implementation of SEP priority areas in the field. The briefings have highlighted increased collaboration among the program offices on priority issues across private and federal sector enforcement, one of the key goals of the SEP.

The SEP authorized the development and approval of several plans as follows:

An agency-wide Communications and Outreach Plan to enhance the clarity, consistency, and coordination of EEOC's vital communications and outreach efforts.

A Research and Data Plan to better educate the public about trends and challenges in achieving equal employment opportunity, and that will enable us to use data to enhance enforcement work, as well.

Federal Sector Organization Plan.

The SEP also required a full evaluation of the current structure of the agency's federal sector hearings program, including the placement and status of Administrative Judges in that structure. This evaluation, which also looked at related issues affecting the effectiveness of the program, was completed by the Administrative Conference of the United States in fiscal year 2014. The agency is considering all of the input received on this and other federal sector reform projects in order to present a plan to the Commission for review and consideration.

QUALITY CONTROL PLAN

The fiscal year 2015 target for Performance Measure 2 was to revise the agency's draft Quality Control Plan (QCP) for submission to the Commission for a vote in fiscal year 2015. A renewed effort in fiscal year 2015 by the agency to reach consensus on a QCP resulted in extensive and additional input from Commissioners and staff. The resulting revised plan was approved by the Commission on September 30, 2015. The revised QCP provides effective enforcement practices to promote quality investigations and conciliations with progress goals for fiscal years 2016 and 2017.

In addition, the Chair directed program staff to update EEOC's internal procedures to provide guidance in conducting quality investigations and conciliations of charges of discrimination. The Chair also made developing and implementing training on QCP a priority to strengthen the quality of the agency's investigations and conciliations.

CASE MANAGEMENT SYSTEM

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

For fiscal year 2015, Performance Measure 3 required the agency to have 100 percent of all incoming hearings requests and appeals, as well as 100 percent of old case inventory categorized according to the new case management system. The measure also required the agency to apply the Federal Sector Quality Control Plan criteria to a statistically significant sample of federal sector decisions (hearings and appeals) in order to formulate a baseline of quality for EEOC's federal sector hearings and appeals and set targets for improved quality.

With respect to federal sector appeals, at the start of fiscal year 2015, the agency's appellate inventory consisted of 4,545 appeals. By September 30, the agency had categorized 4,404, or nearly 100 percent, of EEOC's old appeals where the records were complete under the new case management system. There were 137 pre-fiscal year 2015 appeals that were not categorized because their records were not complete. The 4,404 categorized appeals consisted of 2,700 pre-fiscal year 2015 appeals that were closed in fiscal year 2015, and 1,704 pre-fiscal year 2015 appeals that were pending as of October 1, 2015. Regarding the new inventory, the agency categorized 2,548, or 100 percent, of the new appeals where the records were complete. The 2,548 categorized appeals consisted of 1,150 fiscal year 2015 appeals resolved this year, and 1,398 fiscal year 2015 appeals docketed in the first three quarters of fiscal year 2015, where the records were complete, which were pending as of October 1, 2015.

The agency piloted a case management plan in fiscal year 2014 for EEOC's hearings program, categorizing complaints in four offices. The categorization requires conducting an initial conference as the first step in the process. The agency's focus in fiscal year 2015 was to have all offices participate in the new case management plan, specifically conducting an initial conference. For all hearings closures in fiscal year 2015, SEP and FCP categories were identified, and 80 percent of incoming cases for the four pilot offices were categorized during an initial conference.

EEOC's Strategic Plan Performance Measure 3 also provides that the Federal Sector Quality Control Plan (the federal sector QCP) will set criteria for measuring the quality of hearing decisions and appeals. The development of the federal sector QCP will be informed by the quality standards in the private sector QCP, allow the agency to finalize the federal sector QCP, and establish the requisite baseline of quality standards necessary to set targets for improved quality in fiscal year 2016.

In the interim, the agency's focus on quality was also carried out through the review of selected hearings cases. In fiscal year 2015, the hearings coordination section continued its focus on enhancing the quality of administrative judge (AJ) work products by conducting the annual quality review of AJ decisions. Hundreds of decisions from all field hearings units were reviewed, assessed, and scored using objective criteria. In addition to the quality review process, Hearings Coordination conducted monthly conference calls with AJs throughout the fiscal year. These communicated important information identified by hearings coordination oversight, as well as gave an opportunity to provide training through case updates on substantive legal or procedural matters.

SYSTEMIC CASES

The fiscal year 2015 target for Performance Measure 4 was to increase the percentage of systemic cases on the agency's litigation docket to approximately 20-22 percent of all active cases. Under EEOC's Strategic Plan, systemic cases are defined as pattern or practice, policy, or multi-victim cases where the alleged discrimination has a broad impact on the industry, occupation, or geographic area. The agency established a baseline of 20 percent in fiscal year 2012, which represented the proportion of systemic cases on the active litigation docket at the end of the fiscal year. By fiscal year-end 2015, the agency reported that 48 out of 218, or 22 percent, of the cases on its litigation docket were systemic, meeting the annual target. Because of the consistently high degree of success in achieving targets for this measure, the agency will reconsider this measure during the preliminary evaluation of the SEP.

FEDERAL SECTOR WORKFORCE ANALYSIS

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

The federal government is the largest employer in the United States. Therefore, reducing unlawful employment discrimination in the federal sector is an integral part of achieving Strategic Objective I and fulfilling the mission of the agency. The fiscal year 2015 target for Performance Measure 5 required EEOC to conduct a number of on-site program evaluations focused on federal sector priorities identified in fiscal year 2013 and issue corresponding compliance plans. The initiative that began in fiscal year 2013 required EEOC to create and implement an integrated data system that could identify discriminatory policies or practices in those agencies and help set priorities for the prevention of discrimination in the federal government. Development of a fully operational, integrated data system is anticipated in fiscal year 2016.

During the fiscal year, the agency implemented a series of initiatives under the auspices of Performance Measure 5. For example, EEOC reviewed a number of federal agencies' recruitment and hiring practices for senior executives; analyzed agencies' employment of individuals under Schedule A; and continued the review of agencies' anti-harassment policies and reasonable accommodation procedures. As part of these efforts, EEOC conducted 60 technical assistance visits. The information obtained from these visits provided additional input for the agency's integrated data system. Based on this data, EEOC expects to issue two government-wide reports concerning diversity within the Senior Executive Service and the effectiveness of anti-harassment programs by the first quarter of fiscal year 2016.

ADMINISTRATIVE AND LEGAL RESOLUTIONS WITH TARGETED RELIEF

The fiscal year 2015 target for Performance Measure 6 was to increase the proportion of administrative and legal resolutions containing targeted, equitable relief (TER) to within a range of 64-68 percent. Targeted, equitable relief means non-monetary and non-generic relief (other than the posting of notices in the workplace about the case and its resolution), which explicitly addresses the discriminatory employment practices at issue in the case, and which provides remedies to the aggrieved individuals or prevents similar violations in the future. The achievements at year end are well above the targeted range for fiscal year 2015. Specifically, the agency had 1,270 administrative and legal resolutions with TER out of a total of 1,565 resolutions, or 81.2 percent. EEOC will continue to promote the inclusion of TER benefits in agency resolutions.

FEPA RESOLUTIONS WITH TARGETED RELIEF

The fiscal year 2015 target for Performance Measure 7 was to increase the proportion of resolutions reported by the state and local Fair Employment Practices Agencies (FEPAs) that contained targeted, equitable relief to within a range of 14-16 percent. In fiscal year 2013, the agency determined the baseline percentage of merit factor resolutions (i.e., mediation and other settlements and cause findings) containing TER by reporting FEPAs was 14 percent. To better capture the variance in the number of FEPA resolutions achieved through TER, the agency developed a series of ranges for future targets through fiscal year 2018 to include an increase in FEPA resolutions with TER within a range of 13-15 percent in fiscal year 2014; 14-16 percent in fiscal year 2015; and 15-17 percent in fiscal year 2016 - to be maintained through fiscal year 2018. (Baseline percentages established under Performance Measure 7 for FEPAs are different from Performance Measure 6 due to variations between charge processing systems at the FEPAs with whom EEOC has work-sharing agreements).

In fiscal year 2015, FEPAs exceeded the targeted range of 14-16 percent; reporting 1,305 FEPA merit resolutions with TER out of 6,640 merit resolutions, or 19.7 percent. We will continue to review our data and monitor TER activity for the FEPAs. The topic of TER was also addressed with the FEPAs during the annual EEOC-FEPA National Training Conference held in Atlanta, Ga. on August 4-6, 2015. EEOC will continue to promote the inclusion of FEPA-reported TER benefits in agency resolutions.

STRATEGIC OBJECTIVE II: Prevent employment discrimination through education and outreach.

In fiscal year 2015, the agency engaged in increased outreach efforts to ensure that the needs of the diverse audiences we serve across the nation are met. EEOC continued its partnerships with employers, colleges and universities, advocacy groups, immigrant and farm worker communities, governmental entities, and other stakeholders to foster strategies to recognize and prevent discrimination in the workplace.

Under Strategic Objective II of the Plan, the agency established the following outcome goals: 1) members of the public understand and know how to exercise their right to employment free of discrimination; and 2) employers, unions, and employment agencies (covered entities) better address and resolve EEO issues, thereby creating more inclusive workplaces.

The three strategies for achieving the goals of Strategic Objective II can be summarized as follows:

• Target outreach to vulnerable workers and underserved communities;

"Vulnerable workers" are those workers who are unaware of their rights under the equal employment laws, or are reluctant or unable to exercise their rights. This includes, but is not limited to, low wage earners, farm workers, refugees, victims of human trafficking, and youth in their first jobs.

"Underserved communities" have been defined as those communities whose demographics, geographic location, or economic characteristics impede or limit their access to services provided by EEOC.

• Target outreach to small and new businesses; and

• Provide up-to-date and accessible guidance on the requirements of employment antidiscrimination laws.

Performance Measures 8 through 11 were developed to track our progress in pursuing these strategies under Strategic Objective II.

Performance Measures 8 and 9 focus on rewarding and encouraging interactive and sustained partnerships with community organizations and businesses that EEOC is trying to reach. For these two measures, the agency defined "significant partnerships" as an interactive and sustained relationship with an organization, community group, advocacy group, or other entity that represents or serves vulnerable or underserved communities and enhances EEOC's ability to reach those communities.

VULNERABLE AND UNDERSERVED COMMUNITIES

The baseline established in fiscal year 2012 identified approximately 90 significant partnerships within the vulnerable worker and underserved communities for Performance Measure 8. In fiscal year 2014, the agency exceeded its target of 108 significant partnerships and established a new fiscal year total of 116 relationships. The fiscal year 2015 target for this measure was to maintain the number of significant partnerships with organizations that represent vulnerable workers and/or underserved communities.

By fiscal year-end, the agency had increased the number of significant partnerships to 130, a 12 percent increase over the 116 established relationships in fiscal year 2014; adding 14 new partnerships to the agency's expanding vulnerable and underserved community network in fiscal year 2015. This includes the addition of the national MOU signed by EEOC and the Department of Foreign Affairs of the Republic of the Philippines. The MOU is designed to further strengthen collaborative efforts to provide immigrant, migrant, and otherwise vulnerable Filipino workers and their employers with guidance and information and access to education about their rights and responsibilities under the laws enforced by EEOC. The agency continues to provide support and guidance to outreach efforts and partnership development strategies within the vulnerable worker and underserved communities.

SMALL AND NEW BUSINESSES

In fiscal year 2012, to support the objective of preventing employment discrimination through education and outreach to employers, the agency established a baseline to foster approximately 71 significant partnerships with organizations that represent small and new businesses (or with businesses directly). In fiscal year 2014, the agency exceeded its target of 86 significant partnerships and established a new fiscal year total of 92 relationships. The fiscal year 2015 target for this measure was to maintain the number of significant partnerships with organizations that represent small or new business communities (or with businesses directly).

By fiscal year-end, EEOC had increased the number of significant partnerships to 109, an 18 percent increase over the 92 established relationships in fiscal year 2014; adding 17 new partnerships to the agency's expanding small and new business community network in fiscal year 2015.

SOCIAL MEDIA PLAN

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

Performance Measure 10 ensures that the agency uses technology to effectively provide information by utilizing social media technologies to reach EEOC's stakeholders. It also helps to reinforce that EEOC's social media strategies are consistent with the agency's Strategic Enforcement Plan, the Chair's priorities, and other appropriate directives.

The fiscal year 2015 target for performance under this measure is to assess the effectiveness of EEOC's social media plan, and make appropriate adjustments as needed for improvement. The agency's Communications and Outreach Plan was finalized at the close of fiscal year 2015. This communications roadmap calls for the agency to enhance the use of social media to reach primary audiences as well as the broader public. Specifically, EEOC should provide training for staff in the use of social media, increase the use and elevate content, incorporate social media in regular media planning and include tips in the upcoming, updated EEOC Communications and Legislative Affairs Guide. Additionally, the procurement of the GovDelivery platform at the end of the fiscal year will enhance EEOC's ability to coordinate social media with agency updates and further grow the agency's social media efforts. In the interim, EEOC continues to develop its social media presence, including supporting offices that wish to establish and use social media tools and monitoring and assessing the availability and viability of social media content.

SUB-REGULATORY GUIDANCE REVIEW AND REVISION

Performance Measure 11 provides for the agency's sub-regulatory guidance documents to be reviewed and, where necessary, updated and accompanied by plain language text. EEOC's enforcement work in the private sector, its adjudicatory and oversight work in the federal sector, and its outreach and education work all depend on the availability of up-to-date and accessible materials explaining the laws it enforces and how to comply with those laws. Although the regulations the agency issues set the basic legal framework for the implementation of those laws, the sub-regulatory materials, including EEOC's guidance documents, provide more tangible assistance to those with rights and responsibilities under such laws.

In fiscal year 2015, the agency exceeded the target for performance under this measure and approved and released three sub-regulatory documents to the public. On June 25, 2015, the Commission issued: Enforcement Guidance on Pregnancy Discrimination and Related Issues; Questions and Answers about EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues; and a Fact Sheet for Small Businesses: Pregnancy Discrimination. All three documents are available on EEOC's website at http://www.eeoc.gov/laws/guidance/enforcement_guidance.cfm.

STRATEGIC OBJECTIVE III: Deliver Excellent and Consistent Service through a Skilled and Diverse Workforce and Effective Systems.

This objective is intended to ensure that the agency delivers excellent and consistent service through its efforts to support a skilled workforce while using effective systems - many of which serve the public directly. Effective customer service and operating systems can positively influence the general public's understanding of our ability to address their employment discrimination concerns in the workplace. This measure was designed to focus on issues regarding staff and infrastructure, which are mission critical components of any successful organization.

The goal of this strategic objective is that all interactions with the public are timely, of high quality, and are informative. As noted in Strategic Objective I, it is a significant agency priority to enhance the timeliness and ensure the continued quality of our enforcement activities in the private, state and local government, and federal sectors. However, to meet the evolving needs of the modern workplace and any changes in EEO law interpretation, it is necessary to invest adequately in workforce development and planning. Moreover, given the agency's mission, it is also important that our workforce be diverse. We must act not only as an example to other private, state and local government, and federal employers, but also reflect the populations we serve. Finally, to improve the agency's customer service, EEOC must ensure the effectiveness of our systems by leveraging technology to streamline, standardize, and expedite critical functions.

To these ends, EEOC developed three strategies for achieving Strategic Objective III:

• Effectively engage in workforce development and planning, including identifying, cultivating, and sustaining a skilled and diverse workforce;

• Rigorously and consistently implement charge and case management systems to deliver excellent and consistent service; and

• Use innovative technology to facilitate responsive interactions and streamline agency processes.

For this objective, EEOC adopted Performance Measures 12 and 13 to support and monitor the agency's progress toward our fiscal year 2016 targets (along with two previously identified measures, Performance Measures 2 and 3, and cross-referenced under Strategic Objective I).

WORKFORCE QUALITY, DIVERSITY AND SKILLS

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

The fiscal year 2015 target for Performance Measure 12, Subpart (a) was to increase the number of persons with disabilities hired by 20 percent of EEOC's workforce over five years, or at least 29 employees with disabilities each year over the fiscal year 2014 target of 442 employees with disabilities, to 471 total. Successful performance under Subpart (b) was to increase the number of employees with targeted disabilities by five percent, or at least 11 individuals each year over the fiscal year 2014 target of 101 employees with targeted disabilities, to 112 total. And finally, Subpart (c) required the agency to improve and streamline the hiring process to increase the percentage of all hires made within 78 days to 80 percent in fiscal year 2015.

By the end of fiscal year 2015, the agency had partially met its targets for Performance Measure 12. Overall, hiring and recruitment increased in fiscal year 2015. As of September 30, the agency had exceeded its administrative target of hiring at least 29 employees with disabilities in fiscal year 2015 under Subpart (a), by hiring 87 persons with disabilities. These new hires raised the total to 464 staff with disabilities at the end of the fourth quarter, which was only very slightly short of the fiscal year 2015 goal of 471. Similar progress was made relative to the number of employees hired with targeted disabilities under Subpart (b). By the end of the fiscal year, the agency had exceeded its administrative target of hiring at least 11 persons with targeted disabilities - bringing on board 31 new staff members. This resulted in a total of 94 persons hired with targeted disabilities, which was slightly less than the 112 fiscal year 2015 goal.

In fiscal year 2015, the agency continued to implement significant strategies, which proved to be effective for increasing the number of employees with disabilities, and helped EEOC move considerably closer to meeting its annual human capital goals under Subparts (a) and (b). These strategies included creating a repository of Schedule A applicants; allowing easier access to qualified Schedule A applicants; and specialized training initiatives, such as Webinars that focused on "best practices" and "lessons learned" for increasing the number of individuals with disabilities, including those with targeted disabilities.

Timely hires under Subpart (c) were impacted by a number of factors both internal and external to the agency. A top priority for the agency has been to put in place the staff and procedures to ensure more timely hires. Of the reported 342 new hires-to-date, approximately 207, or 61 percent, were made within 78 days, which is considerably below the 2015 target for timely hires. Due to the volume of hiring requests, which included replacement hires for departing staff through retirement and attrition, and challenges in procuring a qualified contractor to assist with the large volume of hiring requests until late in the fiscal year, the agency was not able to meet the goal that 80 percent of EEOC's new hires be made within 78 days.

However, this past fiscal year EEOC sought to hire 50 employees in 50 days as part of a hiring sprint beginning June 3 through July 23, 2015. The agency exceeded this pledge by hiring 57 new employees and 41 internal hires. EEOC also implemented a new policy to reduce the number of extension and re-announcement requests approved in the past. In addition, two contractors were procured to assist with posting announcements and issuing certificates. Finally, EEOC coordinated with OPM to ensure that the agency was using the full range of features within USAStaffing to streamline EEOC's hiring process. One example of this streamlining was accepting the first one hundred applicants to review. EEOC anticipates an improvement in the agency's time-to-hire response by the end of fiscal year 2015 as a result of streamlined procedures and the agency's investments in increased staffing capacity. Meeting these aggressive targets will continue to be a priority for the agency in fiscal year 2016.

STREAMLINING AND INCREASING AGENCY RESPONSIVENESS IN THE CHARGE SYSTEM THROUGH TECHNOLOGY

* Target(s) Partially Met: A rating assigned to target results where: 1) at least half of the activities targeted for completion were completed; or 2) EEOC was unable to assess the results because full year data was not yet available.

Performance Measure 13 requires the agency to use technology to improve the private and state and local government sectors' charge process, including streamlining services and increasing responsiveness to customers throughout the process. This measure includes three primary projects: 1) Act Digital (aka Digital Charge System); 2) Online Charge Status; and 3) Online Intake.

ACT Digital: The ACT Digital project will allow the parties to submit and receive documents electronically and will ultimately result in a digital charge system. On May 5, 2015, the first phase of ACT Digital was launched in 11 of EEOC's 53 offices. It allows an employer against whom a charge has been filed to communicate with EEOC through a secure portal in order to download the charge, review and respond to an invitation to mediate, submit a position statement, and provide and verify contact information. The newly designed EEOC notice of charge provides a password-protected login for the employer in the pilot offices to access the system. The agency is planning for all EEOC offices to launch the first phase of ACT Digital in the first quarter of 2016.

The Digital Charge System aims to enhance customer service, ease the administrative burden on staff, and reduce the use of paper submissions and files. This initiative will also provide long-term benefits of improving collaboration and knowledge sharing, enhancing data integrity, reducing paper file storage and manual archiving/destruction requirements, and enabling a more mobile workforce. In fiscal year 2016, the second phase of Act Digital will focus on providing similar online communications and capabilities to EEOC's charging parties, focusing on the most commonly used communications. In addition, EEOC will continue to expand the online services provided to employers.

Online Charge Status: The Online Charge Status is expected to be deployed early in fiscal year 2016, and will provide charging parties and respondents with open charges the ability to access information regarding the status of their charge(s) online. This will improve customer service by giving customers 24/7 access to their charge status along with details about the activity taken on their charge and the possible next steps. The system will also provide contact information for EEOC staff assigned to the charge and general information about the charge process. Throughout fiscal year 2015, the agency has been diligent in its efforts to complete the roll-out of the Online Charge Status system.

Online Intake System: The first phase of the third project, Online Intake System, which is scheduled for release in early 2016, utilizes technology to provide the public with the option to perform self-screening submit a pre-charge inquiry, schedule an appointment for an intake interview, and receive pre-charge counseling via an in-person visit, a phone call or a teleconference. Later in fiscal year 2016, Phase II of Online Intake will allow charging parties to schedule and receive pre-charge counseling via web/video conferencing and to submit information to EEOC online. In both of these phases, the process will culminate in the EEOC investigator drafting a charge after the intake interview for the charging party to sign electronically.

Budgetary Resource Alignment

The agency's budget strives to adequately fund priority programs, grow such programs and protect against diminution when budgets are reduced. Under the Chair's direction, annual budget submissions from each program office are assessed to ensure that agency resources implement the strategies and goals of EEOC.

The fiscal year target for Performance Measure 14 was to prepare EEOC's Fiscal Year 2016 Congressional Budget Justification (CBJ) and EEOC's Fiscal Year 2017 Performance (OMB) Budget that aligns with the agency's Strategic Plan for Fiscal Years 2012-2016 as modified on February 2, 2015 (See Section X, Interim Adjustments to the Strategic Plan). As part of the annual budget formulation cycle, the agency's final fiscal year 2015 Operating Plan was approved and signed by the Chair on December 19, 2014 and EEOC's Fiscal Year 2016 CBJ was timely submitted to Congress on February 2, 2015. EEOC's Fiscal Year 2017 Performance Budget was submitted to OMB on September 14, 2015.

RELATED PROGRAM RESULTS AND ACTIVITIES

SERVING THE PUBLIC MORE EFFICIENTLY

Strategic Enforcement of the Nation's Equal Employment Opportunity Laws

This past fiscal year, EEOC strengthened its ability to enforce the federal equal employment laws efficiently and effectively. EEOC's Strategic Plan and Strategic Enforcement Plan provide the framework and direction for a robust and coordinated national enforcement program. To become more efficient as a law enforcement agency, EEOC has worked to prioritize its enforcement and outreach in light of the number of charges it receives and the agency's limited resources. To enhance our effectiveness, the agency has identified national and local strategic enforcement priorities where government enforcement and outreach efforts will have the greatest impact. To achieve this broader impact, EEOC will continue to focus its law enforcement efforts on matters that have significant benefits for workers and employers, and which improve more workplace practices.

Managing the Charge Workload

EEOC worked on managing its charge workload strategically in fiscal year 2015. These efforts resulted in a six percent increase in charge resolutions, even as workers filed more charges of discrimination compared to fiscal year 2014. EEOC resolved 92,641 charges and received 89,385 charges in fiscal year 2015. New front-line staff hired late in fiscal year 2014 contributed to these gains in resolutions as new staff reached full productivity this year. EEOC's enforcement program resolutions produced a surge in monetary benefits to $356.6 million, which is $60 million over the fiscal year 2014 level. With these positive results, the pending workload of 76,408 charges at the end of fiscal year 2015 reflects a less than one percent increase of 750 charges over fiscal year 2014. It is anticipated that as investigators hired in the third and fourth quarters of fiscal year 2015 become fully productive, they too will contribute to a decrease in the overall workload inventory.

Improving the Private Sector Charge System

EEOC leveraged technology to create efficiencies during charge intake and investigation, and to increase responsiveness to employees and employers. We are utilizing this technology to ultimately transform the current paper charge system into a digital charge system, allowing charging parties and employers to check the status of their charges online, and to provide individuals with online scheduling options for intake appointments.

In May 2015, the agency piloted technology that allows employers to transmit documents and communicate with EEOC through a secure portal. In fiscal year 2016, the second phase will focus on providing similar online communications and capabilities to EEOC's charging parties.

EEOC also worked to develop technology to provide the public with the option to perform self-screening, submit a pre-charge inquiry, and use an online calendar to schedule an appointment for an intake interview. This technology project will reduce calls and wait times for charging parties seeking information about the charge process, increase communication through the use of electronic documents, and reduce agency staff time spent on administrative tasks.

Finally, the agency undertook a number of actions to enhance the operations of the Information Intake Group (IIG), which handles more than 600,000 calls from the public each year. The first action was to restructure the operation and consolidate the functions in order to allow for greater adaptability to changing requirements and technology quickly; a reduction in operational and training travel costs; and improved morale with a team-structured environment conducive to peer-to-peer feedback and support. EEOC also took steps to increase the agency's accessibility to individuals who are deaf and hard of hearing.

As technology has moved forward, video phones have become the preferred method of communication for many individuals whose primary language is American Sign Language (ASL). EEOC is one of only three federal agencies (along with Federal Communications Commission and the Small Business Administration) offering interactive video calls to the public. Two new staff members were hired to answer and respond to calls using ASL through videophones. Callers who are deaf or hard of hearing will be able to have direct access to EEOC staff, rather than through intermediaries, such as interpreters or video relay service (VRS). Additionally, to achieve a goal of employing staff that could perform their work 100 percent remotely, EEOC partnered with the National Telecommuting Institute (NTI) to hire individuals who, because of their limited mobility, need to work from home. NTI is a non-profit organization whose mission is to identify and develop work-at-home jobs for home-based individuals who are physically disabled. By the end of the fiscal year, EEOC hired five staff through NTI, all of whom are part of the Social Security Administration's (SSA) Ticket to Work Program. EEOC is the first federal agency with which NTI has placed full-time employees.

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Significant Success in Securing Voluntary Resolutions

EEOC's mediation, settlement and conciliation efforts serve as prime examples of our investment in strategies to resolve workplace disputes early, efficiently, and with lasting impact. In fiscal year 2015, these informal settlement methods secured $356.6 million in benefits for individuals, without resort to litigation.

Mediation Program is a Win for both Employees and Employers

Alternate Dispute Resolution (ADR) is an effective tool to resolve charges of discrimination quickly. Furthermore, successes in the mediation program results in fewer charges that remain in EEOC's inventory for investigation. In fiscal year 2015, the agency achieved 8,243 successful resolutions out of 10,579 mediations conducted, resulting in over $157.4 million in benefits to charging parties. Mediations were completed in an average of 98 days. Additionally, the program continues to receive positive feedback from participants. In fiscal year 2015, 97 percent of all participants indicated that they would utilize the mediation process in a future charge filed with EEOC. This is a direct measure of the public's confidence in the agency's mediation program.

EEOC continues to emphasize and highlight the value of ADR where appropriate to resolve charges of discrimination. The agency continues to try to secure greater participation by employers through the use of Universal Agreements to Mediate (UAMs), information, and outreach events that highlight the benefits of mediation for employers. The success of the mediation program builds a persuasive case to encourage employers to participate. At the conclusion of fiscal year 2015, the agency secured a cumulative total of 2,456 UAMs, a 7.6 percent increase over the prior year's 2,283 agreements.

Record Success in Conciliating Private Sector Charges

EEOC's conciliation efforts are another vital means to promote voluntary compliance. Over the past five years, EEOC has worked with employers to conciliate and voluntarily resolve a greater percentage of cases than at any time in recent history - with successful conciliations rising from 27 percent in fiscal year 2010 to 44 percent in fiscal year 2015. The success rate for conciliation of systemic charges is even higher - at 67 percent in fiscal year 2015 (up from 47 percent in fiscal year 2014), which is particularly significant as these charges are more complex and have the potential to improve practices for a significant number of workers.

Adjudicating Federal Sector Hearings and Appeals

In the federal sector, EEOC has authority to hold hearings on complaints of discrimination by federal employees and applicants, and to adjudicate appeals of decisions on such claims. In fiscal year 2015, EEOC secured more than $94.9 million in relief for federal employees and applicants who requested hearings. Additionally, the agency's hearings program resolved a total of 6,360 complaints, and the number of requests for hearings on federal sector complaints decreased to 7,752 in fiscal year 2015 compared to 8,086 in fiscal year 2014.

EEOC also adjudicates appeals of federal agency final decisions on discrimination complaints, and ensures agency compliance with decisions issued on those appeals. During fiscal year 2015, EEOC received 3,649 appeals of final agency actions in the federal sector, an 8.8 percent decrease from the 4,003 appeals received in fiscal year 2014. In fiscal year 2015, EEOC focused its appellate resources on resolving the oldest appeals, while at the same time attempting to resolve appeals of procedural dismissals in less than 180 days in order to preserve complainants' access to the legal system in accordance with Strategic Enforcement Plan priorities. The agency resolved 3,850 appeals, including 42.4 percent of them within 180 days of their receipt. In addition, EEOC resolved 2,047 or 62.8 percent of 3,260 appeals that were already, or would become, 500 or more days old by the end of the fiscal year.

Concurrent with these efforts, in fiscal year 2015, EEOC implemented a Federal Case Management System (CMS) designed to bring consistency and greater efficiencies to federal sector complaints through the early categorization of incoming hearings and appeals. This enabled EEOC to identify priority cases and obtain a better understanding of the types of cases in its hearings and appeals inventories. For example, the Commission's federal appellate program resolved 115 appeals that had implicated one or more of the priorities identified in the Commission's Strategic Enforcement Plan and/or Federal Complement Plan.

The agency continued its focus on expanding the use of technology to make the federal hearings and appeals process faster and more effective. For more than three years, EEOC has provided agencies with a digital method for submitting complaint-related documents. During fiscal year 2015, this digital process was enhanced and integrated into our Federal Sector EEO Portal (FedSEP). Using the FedSEP portal, agencies can now easily upload all documents for both hearings and appeals. EEOC also laid the groundwork for expanding FedSEP access in fiscal year 2016 to complainants, giving all parties easy transmission and receipt of documents; allowing complainants to request a hearing or appeal online; and allowing parties to review the status of the hearing or appeal online. In addition to the gains in efficiency and cost savings, these technological innovations will make the hearings and appeals process more transparent for all parties and will reduce the agency's reliance on support staff to prepare and scan paper documents received by the parties.

ENFORCING THE LAW MORE EFFECTIVELY

Challenging Discrimination in Federal Court  

In fiscal year 2015, EEOC field legal units filed 142 merits lawsuits including 100 individual suits, 26 non-systemic suits with multiple victims, and 16 systemic suits. Merits lawsuits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by EEOC and suits to enforce administrative settlements. Of these new filings, 83 contained Title VII claims, 53 contained Americans with Disabilities Act (ADA) claims, 14 contained Age Discrimination in Employment Act (ADEA) claims, 7 contained Equal Pay Act (EPA) claims, and one contained a Genetic Information Non-Discrimination Act (GINA) claim. (The total number of merits lawsuits is less than the sum of the suits based on each individual statute because some suits are filed under multiple statutes). The agency also filed 32 subpoena enforcement actions. At the end of fiscal year 2015, EEOC had 218 cases on its active district court docket, of which 40 (18.3 percent) were non-systemic multiple victim cases and 48 (22 percent) involved challenges to systemic discrimination.

In fiscal year 2015, EEOC's legal staff resolved 155 merits lawsuits in the federal district courts for a total monetary recovery of $65.3 million. Of these resolutions, 87 contained Title VII claims, 61 contained ADA claims, 12 contained ADEA claims, one contained an EPA claim, and one contained a GINA claim. The Commission also resolved 16 subpoena enforcement actions during the fiscal year. In terms of dollars recovered in merits lawsuits by statute, EEOC recovered $56.9 million in Title VII resolutions, $819,500 in ADEA resolutions, $6.2 million in ADA resolutions, $0 in EPA resolutions, and $1.3 million in resolutions involving more than one statute. In fiscal year 2015, EEOC achieved a favorable resolution in approximately 89.3 percent of all district court resolutions. A total of 9,879 individuals received monetary relief as a direct result of EEOC lawsuit resolutions in fiscal year 2015.

Challenging Discrimination in the Federal Appellate Courts

In addition to its nationwide litigation program at the district court level, EEOC maintains an active appellate program in the federal circuit courts of appeal. Among the most notable appellate decisions in fiscal year 2015 is EEOC v. Sterling Jewelers, Inc., in which the Second Circuit agreed with the Commission's position that Title VII does not provide for judicial review of the sufficiency of the Commission's investigation of a charge; and that courts may only conduct a narrow review to ascertain whether an investigation happened at all. The court of appeals stressed that the nature and extent of an EEOC investigation are matters within the discretion of the agency.

In EEOC v. LHC Group, Inc., the Fifth Circuit reversed the district court's grant of summary judgment on the Commission's claim that the employer discharged a visiting nurse because she had an epileptic seizure. The court agreed with the Commission that the lower court had imposed unnecessary requirements for a prima facie case of disability discrimination and that when courts are determining the essential functions of a position, the deference they owe to the employer's position description should be overridden if the evidence shows that the employer did not actually require employees in that position to perform the challenged function.

In EEOC v. Northern Star Hospitality, Inc. d/b/a Sparx Restaurant, the Seventh Circuit agreed that a successor company should be liable for the relief awarded in this racial harassment action.

In EEOC v. New Breed Logistics, the Sixth Circuit unanimously affirmed a jury verdict finding the employer liable under Title VII for a supervisor's sexual harassment of three women and retaliation against them for insisting he stop, and retaliation against a male employee who verbally opposed the harassment and supported one woman's complaint to the company.

At the end of fiscal year 2015, EEOC was handling 31 appeals in EEOC enforcement actions and participating in 20 appeals in private suits as amicus curiae.

EEOC, represented by the Solicitor General, also filed briefs in two cases as a party and one as amicus curiae in the U.S. Supreme Court.

In EEOC v. Abercrombie & Fitch Stores, Inc., the Supreme Court ruled in favor of EEOC in this Title VII religious discrimination case involving a young woman who wore a hijab or religious headscarf which Abercrombie said, in refusing to hire her, conflicted with its "look" policy. The Supreme Court held that Title VII does not require a plaintiff to prove that the employer had actual knowledge of the individual's religious beliefs or practices to establish a disparate treatment claim. The Court held further that an employer's unsubstantiated suspicion about the need for a potential religious accommodation will suffice if that suspicion motivated the employer's decision. The Court reversed the Tenth Circuit's decision in favor of Abercrombie, and remanded the case to the Tenth Circuit for further proceedings.

In Mach Mining, LLC v. EEOC, the Supreme Court reversed the Seventh Circuit's ruling that EEOC conciliations may not be reviewed judicially. However, the Court held that EEOC's conciliation efforts are subject only to a "barebones" scope of review that looks only at (1) whether EEOC informed the employer about the specific allegation, describing what the employer has done and which employees (or class of employees) have suffered as a result, and (2) whether EEOC has tried to engage the employer in some form of communication so as to give the employer an opportunity to remedy the alleged discrimination. The Supreme Court ruled that courts may not review the content of conciliation discussions. The Supreme Court expressly recognized the abundant discretion the law gives EEOC to decide the kind and extent of discussions appropriate in a given case.

In Young v. United Parcel Service, the Court reached a middle ground between the arguments made by the EEOC through the Solicitor General as amicus curiae and those by UPS. At issue was what level of accommodations should be given to pregnant women unable to fulfill all their job duties due to their pregnancy, but whose limitations do not rise to the level of a disability, such as preeclampsia. The Court ruled that a plaintiff alleging that the denial of an accommodation constituted disparate treatment under the Pregnancy Discrimination Act may make out a prima facie case by showing that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that the employer did accommodate others similar in their ability or inability to work. The employer may then seek to justify its refusal to accommodate the plaintiff by relying on "legitimate, nondiscriminatory" reasons for denying accommodation.

Maximizing Impact through Focus on Systemic Discrimination

EEOC places a high priority on redressing possible systemic discrimination, focusing on charges in which the alleged discrimination has a broad impact on an industry, profession, company, or geographic area, including allegations of a pattern or practice of discrimination, a discriminatory policy, and discrimination against numerous individuals. Although these cases are often highly complex and resource-intensive, a finding of discrimination in these cases typically provides relief for a large number of employees or job seekers. In addition, the resolution of these cases can benefit untold numbers of workers and employers through changes to employment practices, and indirectly by increasing public awareness and fostering changes in industry standards.

EEOC continued to invest in resources dedicated to systemic work in fiscal year 2015. At the end of fiscal year 2014, EEOC employed more lead systemic investigators whose work is dedicated exclusively to development and coordination of systemic investigations. Additionally, the agency employed more social science research staff to support field systemic investigations. The results of these investments in staff are evident in the fiscal year 2015 systemic program, which produced an increase in monetary benefits and consistently strong equitable relief.

In fiscal year 2015, EEOC continued to evaluate and refine systemic efforts. As a result, every EEOC district now has a plan in place, addressing, among other things, resources and coordination, for investigating systemic discrimination.

The agency has also continued technology initiatives as an effective, low-cost method of better integrating enforcement functions, as set out in the agency's Strategic Enforcement Plan.

The Systemic Watch List, a software tool that matches ongoing investigations or lawsuits, has proven integral to improved coordination in the development of systemic investigations.

In the litigation context, EEOC has completed its expansion of the CaseWorks system, which provides a central shared source of litigation support tools that facilitate the collection and review of electronic discovery and enable collaboration in the development of cases for litigation

Systemic Investigations

In fiscal year 2015, EEOC field offices resolved 268 systemic investigations and obtained over $33.5 million in remedies in those resolutions. These resolutions included voluntary conciliation agreements following 70 systemic investigations in which the Commission had found reasonable cause to believe that discrimination occurred. In addition, the agency issued reasonable cause determinations finding discrimination in 100 systemic investigations.

A few of the key systemic investigation resolutions brought about in fiscal year 2015 are listed below. [Note: due to the confidentiality provisions of Title VII, the ADA and GINA, the names of these companies who settled pre-litigation cannot be made public without their consent]:

In conciliation of a commissioner's charge, EEOC obtained $2.8 million in monetary relief plus the cost of the claims administrator after a finding that four of the assessments a national retailer had used to hire applicants violated the laws the Commission enforces - one violated the ADA and the other three assessments violated Title VII. The employer discontinued its use of those tests and will perform a predictive validity study for all exempt assessments.

The Commission secured a conciliation agreement with an employer that is comprised of a largely blue collar workforce. The agreement resolved claims of sexual harassment and other forms of sex discrimination for about $3.8 million in monetary compensation for approximately 300 women. The employer also agreed to retain an independent consultant to evaluate its compliance with the terms of the agreement and retain an independent EEO specialist to develop and conduct employee training.

A national retailer agreed to provide targeted equitable relief and $2.5 million in monetary relief to individuals who allegedly were not recruited and hired due to their race.

EEOC obtained $1.2 million in monetary relief and targeted equitable relief for a group of over 5,000 applicants who were subjected to a prohibited medical examination and prohibited medical inquiries in violation of the ADA. The employer agreed to change its policies/practices relating to medical exams and inquiries and provide training for its management team.

In addition, this fiscal year several employers brought their arrest and conviction policies into compliance with Title VII. In one case, three charging parties alleged they were discriminated against based on race, African American, when they were denied hire because of a criminal background screen that contained a blanket exclusionary policy rejecting all with felony convictions, which the Commission found to have a disparate impact based on race. The employer changed its blanket exclusionary policy and came into compliance with EEOC's guidance, providing $78,910 in monetary relief and training on EEOC's arrest and convictions guidance.

In another case, a charging party alleged he was denied rehire based on a prior conviction. The investigation revealed that the company made subjective decisions in determining who to exclude based on convictions. The employer agreed to provide $35,000 for the charging party, and to adopt a written criminal conviction policy that required an individual assessment of applicants and employees based on criteria outlined in EEOC's guidance, and to train all employees involved in the recruitment, screening and hiring process on that guidance. In addition, at least five other employers revised their criminal conviction policies to come into compliance with Commission guidance and some provided monetary relief.

Systemic Litigation

When the agency makes a finding of systemic discrimination and efforts to secure voluntary compliance fail, the agency may choose to file suit to enforce the law. In fiscal year 2015, the Commission filed 16 systemic lawsuits. These new suits challenge a variety of types of systemic discrimination, including a pattern or practice of age-based refusal to hire, a nationwide practice of refusing to accommodate religious beliefs by enforcing an appearance policy regulating men's facial hair, a practice of screening out nurses based on unnecessary medical restrictions, and a systematic failure to maintain records enabling disparate impact analysis of a selection procedure.

Systemic suits comprised 11 percent of all merits suits filed in fiscal year 2015. At the end of fiscal year 2015, a total of 48 cases on the active docket were systemic cases, accounting for 22 percent of all active merits suits. This is a slight decrease from last year, but is at the top end of the target range for fiscal year 2015 in the agency's Strategic Plan. Based on the volume of systemic charges currently in investigation, the quantity of systemic lawsuits and their representation on the total docket is expected to remain high.

This past year, EEOC resolved 26 systemic cases, 6 of which included at least 50 victims of discrimination and 13 of which included at least 20 victims of discrimination. Below is a sampling of significant outcomes of systemic discrimination lawsuits in fiscal year 2015:

In EEOC v. Patterson-UTI Drilling Co., LLC, EEOC alleged in this Title VII lawsuit that defendant, an operator of land-based oil and gas drilling rigs in western states, subjected African-American, Hispanic, Native American, Asian, and Native Hawaiian or other Pacific Islander employees to a hostile work environment based on race, color, or national origin, and retaliated against individuals who complained of discriminatory treatment. According to the suit, numerous individuals were subjected to continuous offensive verbal comments, as well as racist graffiti in the restrooms, KKK tattoos, swastikas drawn on hard hats and lockers, and open display of nooses. The conduct also included assaults such as dousing an employee with diesel fuel and holding an employee in a headlock beneath a pipe leaking hot liquid. Employees reported the offensive conduct to managers, but defendant failed to take effective corrective action. Other alleged discrimination included assignments to menial tasks; denials of promotions, training, and advancement opportunities; unfair discipline; and discharges for unwarranted reasons or constructive discharges. Some individuals were transferred or discharged in retaliation for reporting the discriminatory conduct.

This suit resulted in a four-year consent decree covering all of the defendant's facilities. It permanently prohibits defendant from discrimination based on race, color, and/or national origin and from retaliation. The decree provides for a fund of approximately $12.3 million for eligible claimants, expected to number around 1,000. Undistributed funds will be divided equally between the NAACP Legal Defense and Educational Fund, The MALDEF Scholarship Fund, and the American Indian College Fund. Disciplinary actions taken against employees for violations of the policies will be retained in the violators' personnel files. The defendant will provide annual antidiscrimination training, conduct random employee interviews regarding the treatment of minorities, and conduct exit interviews of all minority employees. The defendant will sponsor nationwide outreach efforts directed at attracting qualified minority applicants consistent with their availability in the workforce. The defendant will also report to EEOC on complaints of race, color, or national origin discrimination, harassment, and retaliation and the outcomes.

In EEOC v. Global Horizons et al., EEOC alleged that a labor contractor, along with six Hawaii fruit farms, subjected a class of farm workers to discriminatory terms and conditions of employment and a hostile work environment on the basis of Thai national origin, and retaliated against employees for opposing the discriminatory conduct, in violation of Title VII. EEOC alleged that the six farms were liable as joint employers with the labor contractor. The treatment included threats of physical violence, arrest, and deportation; inadequate housing and insufficient food and kitchen facilities; oppressive working conditions; and inadequate pay. According to the suit, Thai workers were forbidden from leaving the farms, subjected to strict curfews, and prohibited from speaking to outsiders including family, friends, and government officials. In 2014, EEOC obtained summary judgment against the labor contractor and default judgment against one farm, and resolved its claims against the other five farms by a series of consent decrees. In total, the decrees provide around $3.6 million to 546 victims, along with multiple offers of full-time jobs. In fiscal year 2015, EEOC obtained default judgment against the labor contractor in the amount of $8.7 million.

In EEOC v. BMW Mf'g Co., LLC, EEOC alleged that when BMW switched logistics contractors at a production facility in South Carolina, it required the new contractor to perform a criminal background screen on all existing logistics employees. According to the suit, the screen had a disparate impact on black employees, and was not justified by business necessity. Among those screened out were employees who had worked at the facility for several years. The defendant has since voluntarily changed its guidelines. Under a consent decree, the defendant will pay $1.6 million to 56 aggrieved individuals and will offer employment opportunities to the discharged employees and up to 90 black applicants whom the contractor refused to hire based on the background screen. The defendant will also provide training and make reports to EEOC.

In EEOC v. Source One Staffing, EEOC alleged in two lawsuits that defendant, a Chicago-area staffing agency, violated Title VII by subjecting a class of women to a hostile work environment based on sex, failing to refer male and female employees for certain job assignments based on discriminatory customer requests, failing to refer employees to certain jobs because of race or national origin, and removing an employee and failing to refer another employee in retaliation for their complaints of discrimination. EEOC further alleged that defendant asked impermissible pre-employment medical questions in its employment application in violation of the ADA. The three-year consent decree resolving both cases provides $70,000 to four female harassment victims and a fund of $730,000 for an expected 7,300 aggrieved individuals. In addition, the defendant will appoint a monitor to develop policies, ensure work assignments are made regardless of gender, and modify defendant's employment application. The defendant will submit reports to the monitor on discriminatory assignment requests made by any client and defendant's response. The monitor will submit reports to EEOC and the defendant on decree compliance.

More details about the Systemic Program can be found at http://www.eeoc.gov/eeoc/task_reports/systemic.cfm

LEADERSHIP IN FEDERAL CIVIL RIGHTS ENFORCEMENT

Leveraging Inter-Agency Relationships for Strategic Enforcement

EEOC has strengthened collaborative efforts with enforcement partners in federal, state, and local government as well as with employer, employee, and academic communities to maximize the impact of our collective knowledge and resources.

Rather than solely treating the symptoms of persistent problems after they occur, we are examining the underlying causes of discriminatory patterns, and we are focusing on developing solutions to our most complex problems. One of the ways we are doing this is by building active and engaged partnerships with employers, employees, and academics, as well as across the federal government to develop innovative solutions to the workplace challenges facing many employers and employees today. For example, 30 percent of the charges filed with the agency in fiscal year 2014 alleged workplace harassment. In January 2015 the Commission convened a public meeting to hear from experts on preventing and addressing workplace harassment. To develop a comprehensive strategy to address this issue, Chair Yang asked Commissioners Victoria A. Lipnic and Chai R. Feldblum to co-chair a Select Task Force on the Study of Harassment in the Workplace. They have brought together employers, workers' advocates, academics, and others experienced with harassment issues to participate in discussions and public meetings to identify underlying problems leading to harassment claims and effective strategies for preventing and remedying workplace harassment.

Working in partnership with other enforcement agencies and stakeholder communities allows us to incorporate diverse perspectives, achieve savings and efficiencies by combining resources, eliminate duplication of efforts and avoid the pursuit of conflicting enforcement objectives. For example, in early September, as a result of a successful partnership and joint investigation, EEOC and the New York Attorney General announced a $3.8 million joint settlement agreement with an employer that is comprised of a largely blue collar workforce resolving allegations of ongoing sexual harassment and discrimination against women in field positions. The agreement provided monetary compensation for approximately 300 women. The employer also agreed to retain an independent consultant to evaluate its compliance with the terms of the agreement and retain an independent EEO specialist to develop and conduct employee training

Effective collaboration also minimizes burdens for employers by preventing adoption of duplicative or conflicting compliance measures in their attempts to comply with related federal, state, and local laws and regulations. Consistent with this priority, EEOC continued to collaborate with the Office of Federal Contract Compliance Programs of the Department of Labor, the Department of Justice (DOJ), state and local Fair Employment Practice Agencies (FEPAs), and Tribal Employment Rights Organizations (TEROs) to coordinate investigative and enforcement strategies and activities when doing so promoted efficiency or enhanced law enforcement. In fiscal year 2015, we entered into two Memoranda of Understanding (MOUs) with the Civil Rights Division at the Department of Justice, in order to maximize effort, promote efficiency, and eliminate duplication and inconsistency in the enforcement of the federal employment discrimination laws.

We also continued to work with these enforcement partners to develop and conduct joint outreach, public education, and staff training programs. For example, EEOC has collaborated with other federal government agencies and contributed to the work of intergovernmental efforts such as the National Equal Pay Enforcement Task Force, the Cabinet-level Reentry Council, the White House Initiative on Asian Americans and Pacific Islanders, the Presidential Inter-agency Task Force to Monitor and Combat Trafficking, the President's HIV/AIDS Strategy, and the Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws, among other collaborations, including EEOC's efforts to support the 21st Century Policing Taskforce.

Providing Clarity through Regulations, Enforcement Guidance and Technical Assistance

Issuing regulations and guidance is at the heart of EEOC's role of leading the enforcement of federal employment anti-discrimination laws. Regulations and guidance inform individuals and employers of their legal rights and responsibilities, aid EEOC employees in conducting their work, and serve as references for the courts when resolving novel legal issues.

In fiscal year 2015, the agency issued the following regulatory actions, policy guidance, and technical assistance under the laws enforced by EEOC.

Regulatory Actions:

Advance Notice of Proposed Rulemaking (ANPRM) for the Federal Sector Equal Employment Opportunity Process. On February 6, 2015, the Commission published an ANPRM in the Federal Register to pose questions to the public about what changes were needed to improve EEOC's federal sector procedures at Part 1614. The Commission primarily was interested in suggestions to make the process more efficient and user-friendly, and more effective in identifying and redressing prohibited employment discrimination. The ANPRM is at http://www.eeoc.gov/laws/regulations/index.cfm, and at the Federal Register, https://www.federalregister.gov/articles/2015/02/06/2015-02330/federal-sector-equal-employment-opportunity.

Notice of Proposed Rulemaking (NPRM) to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. On April 20, 2015, the Commission published this NPRM in the Federal Register to request comments on its proposal to amend the portion of the ADA regulations and interpretive guidance concerning disability-related inquiries and medical examinations of employees as they relate to employer wellness programs. A copy of the NPRM is available at http://www.eeoc.gov/laws/regulations/index.cfm and from the Federal Register at https://www.federalregister.gov/articles/2015/04/20/2015-08827/amendments-to-regulations-under-the-americans-with-disabilities-act.

Guidance and Technical Assistance:

Enforcement Guidance on Pregnancy Discrimination and Related Issues. On June 25, 2015, the Commission issued an update of its July 2014 guidance on pregnancy discrimination in light of the Supreme Court's decision in Young v. United Parcel Serv., Inc., 575 U.S. ---, 135 S. Ct. 1338 (2015). The revised guidance is at http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm.

On June 25, 2015, EEOC also updated, two related technical assistance documents about pregnancy discrimination: Questions and Answers about the EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues, which can be found on EEOC's website at http://www.eeoc.gov/laws/guidance/pregnancy_qa.cfm; and the Fact Sheet for Small Businesses: Pregnancy Discrimination, which can be found on EEOC's website at http://www.eeoc.gov/eeoc/publications/pregnancy_factsheet.cfm.

Providing Strong Leadership and Oversight for Federal Agencies

EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. EEOC ensures 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, produces an annual report on federal sector complaint processing, appellate case processing, and compliance, produces reports on significant issues and government wide trends in the federal sector, and develops and distributes federal sector educational materials and conducts training for stakeholders.

EEOC, serving in its oversight capacity for these efforts, implemented EEO MD-715, which details strategies for identifying and removing barriers to free and open workplace competition and requires agencies to incorporate EEO principles into their missions. If an agency identifies barriers to equal employment opportunity, the Commission assists the agency in eliminating those barriers. EEOC works with agencies to promote model EEO program policies and practices that foster an inclusive work culture and prevent employment discrimination by reviewing their annual MD-715 submissions, providing in-person and telephonic technical assistance, and issuing written feedback letters.

One of the Commission's most important oversight mechanisms is the authority to conduct evaluations of federal agency EEO programs. To establish effective relationships with federal employers, and in furtherance of the Commission's Strategic Plan, Strategic Enforcement Plan and the Federal Complement plan, EEOC initiated several program evaluations for this and future fiscal years. Using targeted evaluations and the variety of self-assessment tools and checklists in MD-715, the Commission helps federal agencies assess the effectiveness and efficiency of their EEO programs and identify potential barriers to equality of employment opportunity.

During fiscal year 2015, EEOC provided technical assistance to 60 agencies. The technical assistance focused on Schedule A conversion, reasonable accommodation procedures, anti-harassment procedures, barriers to the Senior Executive Service, and non-compliance with EEOC regulations and directives. Using the data and other information obtained during these technical assistance activities, the agency expects to issue two government-wide reports concerning diversity within the senior executive service and the effectiveness of anti-harassment programs during the first quarter of fiscal year 2016. EEOC's Office of Federal Operations issued the majority of the feedback letters during the fourth quarter of fiscal year 2015 and will issue the remaining feedback during the first quarter of fiscal year 2016.

EEOC continues its education efforts to assist all federal sector stakeholders. The Commission delivers relevant and helpful information, training, and EEO solutions to federal agencies, and continues to disseminate federal sector research materials, Commission decisions and other helpful federal sector information on EEOC's web site. For example, in the third quarter of fiscal year 2015, the agency issued an article in the Federal Manager periodical explaining the law of retaliation, and, equally important, the behavioral science that makes retaliation unique in the work environment. (The article is available at http://www.eeoc.gov/laws/types/retaliation_considerations.cfm.)

EEOC offers an extensive catalog of fee-based training courses to help agencies and stakeholders meet their training needs. These courses cover the laws EEOC enforces and meet regulatory training requirements for federal EEO Investigators and Counselors. EEOC offers both open-national enrollment and customized courses (CST). In fiscal year 2015, EEOC offered 29 open-national enrollment courses. These courses educated over 800 federal EEO stakeholders, covering a variety of topics, such as New EEO Counselor Training, New EEO Investigator Training, EEO for Managers and Supervisors, Drafting of Final Agency Actions, Letters of Acceptance and Dismissal, Barrier Analysis, Disability Program Management Basics, and EEO Laws Refresher.

PREVENTION THROUGH OUTREACH AND EDUCATION

Agency Outreach Continues to Reach Diverse Audiences

Through outreach, training and education, EEOC enhances public awareness of emerging issues of employment discrimination in America's workplaces. Agency outreach provides knowledge and an understanding of workplace conditions that may give rise to violations of the statutes that EEOC enforces. Approximately 35 percent of agency outreach is conducted through partnerships with employee advocates, human resource professionals, employer groups, human rights commissions and Fair Employment Practice Agencies. Employer knowledge of EEO laws contributes to their ability to identify, prevent and eliminate workplace discrimination independently. Employees' and job applicants' knowledge of EEO laws also contributes to their ability to understand their rights and responsibilities in the workplace. In fiscal year 2015, EEOC conducted over 3,700 outreach events reaching 336,855 individuals nationwide. Additionally, in fiscal year 2015, the Commission's fee-based programs trained 12,000 individuals at more than 140 events.

EEOC greatly exceeded its goals outlined in the Strategic Plan to establish and maintain partnerships with organizations and groups that represent small or new businesses as well as those that represent vulnerable workers or underserved communities. With a combined total of 235 significant partnerships, EEOC has been able to work with many varied organizations to work to prevent employment discrimination through education and outreach to employers.

EEOC has significantly increased its outreach to small and new businesses, especially those lacking the resources to maintain full-time professional human resources staff. Approximately 15 percent of EEOC's outreach is to small employers. Agency staff conducted 555 no-cost outreach events for small businesses in fiscal year 2015, reaching 23,790 small business representatives. Also, working with the Small Business Administration's (SBA) Office of the National Ombudsman, EEOC participated in several round table discussions at various locations around the country with small businesses and organizations that represent small businesses as well as a Regulatory Fairness Hearing held in Washington, DC.

The SBA Ombudsman's Report grades all federal agencies on their responsiveness to small business concerns and their compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). The Ombudsman's reports for fiscal year 2013 and fiscal year 2014 were both released this year and both give EEOC "A" ratings across-the-board, the highest rating possible. EEOC reports outreach activities in the small business community to the SBA, with many specific examples of successful events and ongoing partnerships as well as positive feedback from individuals and business owners. These reported activities continue to earn high marks for the agency, reflecting the SBA's recognition of EEOC's strong commitment to assisting this important sector of the economy.

Additionally, under the leadership of Commissioner Constance S. Barker, the EEOC Small Business Task Force is working diligently to reach out to small employers and make online access to EEOC's information from the agency easier, more comprehensible and more directly responsive to the real life issues that confront many small businesses.

EEOC is strongly committed to providing outreach and technical assistance to stakeholders in underserved communities across the nation, including those with limited English proficiency. Approximately 35 percent of the outreach conducted is to these vulnerable communities. Staff members often travel to areas without nearby EEOC offices and/or where certain communities are reluctant to file charges of employment discrimination. In fiscal year 2015, EEOC hosted 166 events that reached 6,679 people and focused on the topics of limited English proficiency. EEOC also provided 148 off-site intake and counseling services in neighborhoods where persons with limited English proficiency may be less likely to visit agency offices.

Immigrant and farm worker communities are also a priority for outreach. In fiscal year 2015, EEOC partnered with local community organizations, consulates, and other entities to reach vulnerable workers. For example, EEOC conducted 347 events, reaching 11,018 individuals targeting migrant farm worker communities and their advocates in order to provide education and information about discrimination.

Consistent with the Strategic Enforcement Plan priorities, the issue of human trafficking of those from vulnerable communities is also a focus for EEOC. The agency works with several governmental and non-governmental organizations to confront trafficking of vulnerable groups. In fiscal year 2015, EEOC conducted 232 events focused on human trafficking issues, partnering with community-based organizations, and reaching 11,673 people.

In fiscal year 2015, EEOC signed a National MOU with the Department of Foreign Affairs of the Republic of the Philippines. The agreement is designed to further strengthen their collab­orative efforts to provide immigrant, migrant and otherwise vulnerable Filipino workers and their employers with guidance, information, and access to education about rights and responsibilities under the laws enforced by EEOC. Under the national framework of the MOU, the two entities will cooperate to provide outreach and training, as well as assist with enforcement efforts as needed. The agency has also entered into similar local agreements in various areas with the Consulates of Mexico, Ecuador, Guatemala, and El Salvador.

In addition, EEOC is working with governmental and non-governmental organizations to pave the way for other groups to have access to employment, such as those who are released from incarceration and are trying to re-enter the workforce. In fiscal year 2015, EEOC conducted 268 events, reaching 13,459 people. These events focused on the use of arrest and conviction records in employment and raising awareness about the impact of their use on the formerly incarcerated trying to re-enter the workforce.

Finally, July 2, 2015, marked the 50th anniversary of EEOC opening its doors to the public and beginning its vital role of enforcing civil rights laws that provide protections to workers from discrimination. EEOC held multiple events commemorating this milestone, including a Commission meeting which examined EEOC's achievements and future challenges - "EEOC at 50: Progress and Continuing Challenges in Eradicating Employment Discrimination." At the meeting, the Commission heard from invited panelists about persistent and evolving forms of employment discrimination as well as about employment practices that can reduce barriers to equal opportunity. Also during July 2015, EEOC field offices across the country celebrated EEOCs accomplishments over the past half century with anniversary open houses for the public and stakeholder representatives. The celebrations reflected on EEOC's mission, activities, and landmark and/or significant cases resolved by EEOC.

The table below shows the number of outreach events and the number of attendees for fiscal year 2015 at events that covered all of EEOC's national priorities identified in the agency's Strategic Enforcement Plan.

Providing Employers and Employees with Education and Technical Assistance

EEOC Training Institute (the Institute) provides fee-based training and technical assistance to stakeholders from both the private and public sector. The operations of the Institute are funded through EEOC's Revolving Fund, which is an instrument established by Congress in 1992 to enable EEOC to charge "reasonable fees" for specialized products and services developed and delivered as part of the Commission's training and technical assistance efforts.

In fiscal year 2015, the Institute trained over 12,000 individuals at more than 140 events, which included 28 Technical Assistance Program Seminars (TAPS) that were attended by over 5,000 participants. The one- and two-day TAP Seminars are responsive to employers' information and training needs. Through the TAP Seminars, EEOC educated employers and employees about their respective rights and obligations, and provided detailed information about identifying and preventing workplace discrimination.

Examining Conflicts in Employment Laws (EXCEL) Conference. In August 2015, the agency held its 18^th annual Examining Conflicts in Employment Laws (EXCEL) Conference directed at both federal sector and private sector practitioners. This format continues to expand the event to a larger audience base that is comprised of EEO managers, HR professionals, attorneys, union officials, and other EEO professionals. Overall, the event attracted more than 1,000 attendees. This consolidated approach to blending various audiences at a single site had at its foundation the goal to promote cost savings in a limited budgetary environment. Among the highlights of the 2015 EXCEL conference, which had as its theme "EEOC @50: Building on a Legacy - Looking to a Future of Innovation," were the presentations by keynote speakers journalist Charlayne Hunter-Gault, U.S. Department of Labor Secretary Thomas Perez, U.S. Department of Transportation Secretary Anthony Foxx, and the first Chief Technology Officer of the U.S., Aneesh Chopra.

INVESTING IN OUR WORKFORCE AND SYSTEMS TO IMPROVE SERVICE TO THE PUBLIC

During fiscal year 2015, the agency continued to work to improve the labor and employee relations climate. These efforts included regular meetings between the Office of the Chair and Union leadership on conditions of employment affecting bargaining unit employees. Both labor and management jointly modified EEOC's national telework policies now published on the agency's internal website. Over 90 percent of the agency's offices have completed negotiations on their Telework and Alternative Work Schedule local agreements, in accordance with the collective bargaining agreement. EEOC and the National Council also agreed on a pilot program for a Maxiflex work schedule, which will be fully implemented early in fiscal year 2016 in ten EEOC Offices nationwide. Maxi-Flex is a type of flexible work schedule in which employees work 80 hours in less than 10 work days. Employees may vary the number of hours worked on a given work day or numbers of hours each week. Maxi-Flex schedules must be consistent with EEOC's Collective Bargaining Agreement and local agreements for purposes of hours of work and maximum number of days away from the duty station per pay period.

er the Collective Bargaining Agreement, EEOC sponsored the Staff Development Enhancement Program in 2015, whereby four EEOC employees were selected for entry-level Investigator positions to assume more complex job responsibilities. Grievances and unfair labor practices were also reduced this year.

Employees' Viewpoint Survey Results

EEOC participates in the Office of Personnel Management's (OPM) Federal Employee Viewpoint Survey (FEVS) each year. EEOC participated during the first wave of the 2015 FEVS administration from April 27, 2015 to June 5, 2015. EEOC's response rate for the 2015 FEVS was 60.9 percent, the agency's highest since fiscal year 2011 and 5.8 percentage points over the agency's 2014 response rate. In addition, EEOC's response rate is 11.2 percentage points higher than the government-wide response rate of 49.7 percent. EEOC attributes the increase in the agency's response rate to a robust communications strategy and intense focus on the four areas employees expressed as concerns, according to the fiscal year 2014 FEVS results. Employee issues were also addressed by BEST (Building Employee Satisfaction Together), an employee workgroup re-commissioned by Chair Yang to address employee concerns identified in the FEVS survey results. In fiscal year 2015, EEOC addressed employee issues through the BEST webpage and email address. The Office of the Chair actively worked with the National Joint Labor Management Council to address these and other critical employee engagement issues.

Implementing Hiring Reform

In fiscal year 2015, EEOC was able to hire a significant number of new employees. The agency recruited for approximately 378 external positions to fill critical needs in both field offices and headquarters. Pursuant to initiatives from OPM and the Office of Management and Budget, EEOC's Office of the Chief Human Capital Officer worked with agency hiring managers and senior officials to strengthen hiring tools and improve the agency's hiring process. The goal continues to be to timely hire new employees within 78 calendar days.

Of the reported 342 competitive new hires, approximately 207 were made within 78 days, or 61 percent, which is considerably below the 2015 target. Due to the volume of hiring requests, which included replacement hires for departing staff through retirement and attrition this fiscal year, and challenges in procuring a qualified contractor to assist with the volume of hiring requests until late into the fiscal year, the agency has not been able to meet the goal that 80 percent of EEOC's new hires be made within 78 days.

This year, however, EEOC conducted a hiring sprint from June 3 through July 23, 2015, pledging to hire 50 employees in 50 days. The agency exceeded this pledge by hiring 57 new employees and 41 internal hires. EEOC also implemented the agency's new policy to reduce the number of extension and re-announcement requests received and approved in the past. In addition, two contractors were hired to assist with posting announcements and issuing certificates.

Finally, EEOC coordinated with OPM to ensure that the agency was using the full range of features within USAStaffing to streamline EEOC's hiring process; e.g., accepting the first one hundred applicants to review, etc. EEOC anticipates an improvement in the agency's time-to-hire response by the end of fiscal year 2015, as a result of streamlined procedures and the agency's investments in increased staffing capacity. Meeting these aggressive targets will continue to be a priority for the agency in fiscal year 2016.

PROGRAM EVALUATIONS

Program evaluation is an important component of EEOC's effort to ensure that its programs are operating as intended and achieving results. A program evaluation is a thorough examination of program design and/or operational effectiveness that uses rigorous methodologies and statistical and analytical tools. Evaluations also use expertise internal and external to the agency and the program under review to enhance the analytical perspectives and lend credence to the methodologies employed, the evaluation processes and findings, and any subsequent recommendations.

Independent program evaluations continue to play an important role in formulating the strategic objectives and performance goals detailed in EEOC's Fiscal Years 2012-2016 Strategic Plan (as modified on February 2, 2015)[4] and helped shape some of the program issues and key focus areas for improvement. We believe they are an invaluable management tool to guide the agency's strategic efforts in attaining overall productivity and program efficiency, effectiveness, and accountability. To that end, EEOC has undertaken the following program evaluations to advance its performance-based management initiatives under the Government Performance and Results Act (GPRA Modernization Act of 2010), and to improve the effectiveness of key agency programs:

Evaluation of EEOC's Outreach and Education, U.S. Equal Employment Opportunity Commission (EEOC), Office of Inspector General Report 2014-003-OE. The Urban Institute, May 8, 2015. The Office of Inspector General at the U.S. Equal Employment Opportunity Commission (EEOC) contracted with the Urban Institute to provide an evaluation of EEOC's Outreach and Education activities from a broad perspective. The five-month evaluation included a broad overview, examining EEOC's outreach and education efforts and, where appropriate, suggested areas where EEOC might improve its effectiveness or efficiency.

In fiscal year 2015, the Commission approved the hire of an independent contractor to conduct a pilot pay data collection study, as recommended by the National Academy of Sciences (NAS) panel on Collecting Compensation Data from Employers. EEOC will study the pilot project's conclusions and make recommendations concerning methods for collecting and analyzing employer pay data.

Consistent with the Administration's focus on improving the effectiveness of government through rigorous evaluation and evidence-based policy initiatives, EEOC will continue to consider appropriate program areas for evaluation each year. This will ensure that the agency's efforts align with EEOC's budget and other programmatic priorities.

VERIFICATION AND VALIDATION OF DATA

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

EEOC continually reviews the information collected in 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 regularly conduct analyses to review the information collected in order to identify any anomalies that indicate erroneous entries requiring correction to collection procedures. In fiscal year 2015, the agency developed a new system for informing reporting employees of their login credentials in order to make that information more secure.

Greater use of the EEO-1 by field staff continues to assist in identifying non-filers, which has enabled the agency to collect information more rapidly and completely. Recent implementation of the Federal Sector EEO Portal that enables all federal agencies to electronically submit annual equal employment opportunity statistics (EEOC Form 462 and MD-715) continues to improve the quality and timeliness of the information received. Finally, the agency continues to improve the collection and validation of information for the Integrated Mission System (IMS), which consolidates 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 performance measures require the use of data to assess achievements, it is significant that EEOC can now obtain this data much more quickly and with greater data accuracy.

EEOC'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. This information and recommendations are used to continually improve agency systems and data.

INTERIM ADJUSTMENTS TO THE STRATEGIC PLAN

To fully realize the benefits of implementing EEOC's newly adopted strategic plan, approved by the Commission in February 2012, the agency requested a waiver from the Office of Management and Budget (OMB) to permit the agency to forego the development of an entirely new strategic plan that would have begun in 2014. On December 10, 2013, OMB granted a deferral from the requirement to formulate a new strategic plan. Moreover, on January 22, 2014, EEOC and OMB agreed that the agency would provide an interim modification, authorized under Circular A-11 section 230.17 that would: 1) permit an extension of the agency's current plan; 2) fill the two-year gap after the Plan expires in fiscal year 2016; and 3) "position [EEOC] to join the rest of the Federal Government in releasing an updated strategic plan in February 2018" (i.e., the beginning of the next government-wide strategic plan cycle).

Consistent with the waiver granted by OMB, the agency has made interim modifications to its February 22, 2012 Strategic Plan for Fiscal Years 2012-2016 (as modified on February 2, 2015).[5] The bases for these modifications are twofold: 1) to include the previously to be determined baseline and/or target statistics not yet established at the time the Strategic Plan was approved by the Commission; and 2) to extend the performance period of the agency's current Strategic Plan two years past its expiration in fiscal year 2016 to include targets for performance in fiscal years 2017 and 2018, as authorized by the Office of Management and Budget on December 10, 2013. As the modifications were adopted, they were included in the agency's Performance and Accountability Report (PAR) and its performance budget. The modifications made to the Strategic Plan are described below.

Established Final Goals for Predetermined Performance Measures

The performance measures in the Strategic Plan published on February 22, 2012, did not include final goals for a limited number of new performance measures adopted by the agency, primarily because baseline data did not exist for these measures and data collection and assessments were slated to begin at the onset of the new Strategic Plan's reporting period, beginning in fiscal year 2012. Since that time, the agency has developed annual targets and final goals for those performance measures identified below. As targets and/or final goals were adopted for measures, they were incorporated into other agency reports; such as EEOC's fiscal years 2012 and 2013 PARs published in November 2012 and December 2013, respectively, and its fiscal years 2014 and 2015 budget submissions to Congress.

Performance Measure 4: By the end of fiscal year 2018, 22-24 percent of the cases in the agency's litigation docket are systemic cases.

Consistent with this measure, during fiscal year 2012, the agency established a baseline for performance under this measure of 20 percent because it represented the proportion of systemic cases on the active litigation docket at the end of the fiscal year. Utilizing the baseline, as well as a comprehensive review of historical suit filing, resolution, and systemic case development trends, the agency projected targets for performance through fiscal year 2016, as expressed in a series of target ranges.

Performance Measure 6: By fiscal year 2018, 65-70 percent of the EEOC's administrative and legal resolutions contain targeted, equitable relief.

In 2013, EEOC enhanced its Integrated Mission System (IMS) database to collect data and generate reports on resolutions with different types of TER. Based on TER data captured in IMS during the fiscal year, the agency formulated a baseline of 64 percent of TER resolutions containing TER. However, to more fully capture the variance in the number of resolutions involving TER, the agency also developed a series of ranges for its future targets through fiscal year 2016 to include an increase in resolutions with TER within a range of 63-67 percent in fiscal year 2014; 64-68 percent in fiscal year 2015; and 65-70 percent in fiscal year 2016; maintained through fiscal year 2018.

Performance Measure 7: By fiscal year 2018, 15-17 percent of resolutions by FEPAs contain targeted, equitable relief.

As with Performance Measure 6, the agency also determined the baseline percentage of merit factor resolutions containing TER by reporting FEPAs was 14 percent in fiscal year 2013. To better capture the variance in the number of FEPA resolutions achieved through TER, we developed a series of ranges for future targets through fiscal year 2016 to include an increase in FEPA resolutions with TER within a range of 13-15 percent in fiscal year 2014; 14-16 percent in fiscal year 2015; and 15-17 percent in fiscal year 2016; maintained through fiscal year 2018. (Baseline percentages established under Performance Measure 7 for FEPAs are different from Performance Measure 6 due to variations between charge processing systems at the FEPAs with whom EEOC has work-sharing agreements).

Performance Measure 8: By fiscal year 2018, EEOC is maintaining the number of significant partnerships with organizations that represent vulnerable workers and/or underserved communities.

The baseline established in fiscal year 2012 identified approximately 90 significant partnerships within the vulnerable worker and underserved communities for Performance Measure 8. Annual target performance requires the EEOC to increase the number of significant partnerships with organizations that represent vulnerable workers and/or underserved communities by 10 percent, nationally, over the baseline through fiscal year 2018.

Performance Measure 9: By fiscal year 2018, EEOC is maintaining the number of significant partnerships with organizations that represent small or new businesses (or with businesses directly).

In fiscal year 2012, the agency established a baseline of approximately 71 significant partnerships with organizations that represent small and new businesses (or with businesses directly), which contributes to the agency's objective of preventing employment discrimination through education and outreach to employers. Annual target performance requires the EEOC to increase the number of significant partnerships with organizations that represent small or new business communities (or with businesses directly) by 10 percent nationally, over the baseline through fiscal year 2018.

Established Extended Performance Targets for Fiscal Years 2017-2018

As noted earlier, EEOC and OMB agreed the agency would provide an interim modification, authorized under Circular A-11 section 230.17. Consistent with the approved extension, the performance targets for fiscal years 2017 and 2018 are detailed in the graphics below.

*** Not applicable for FYs 2017 and 2018; Established targets met in FYs 2013 and 2015.

***Not applicable for FYs 2017and 2018; Established targets met in 2016.