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U.S.EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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ANNUAL EEO PROGRAM STATUS REPORT
for Fiscal Year 2010

EEO MANAGEMENT DIRECTIVE 715
October 1, 2012 to September 30, 2013

EEOC_logo

ANNUAL EEO PROGRAM STATUS REPORT

EEOC FORM 715-01 Part A-D

EXECUTIVE SUMMARY (EEOC FORM 715-01 PART E)

CERTIFICATION OF ESTABLISHMENT OF CONTINUING EQUAL EMPLOYMENT OPPORTUNITY PROGRAMSW (EEOC FORM 715-01 PART F)

AGENCY SELF-ASSESSMENT CHECKLIST (EEOC FORM 715-01 PART G)

WORKFORCE ANALYSES SECTION (EEOC FORM 715-01 PART I)

SPECIAL PLAN FOR THE RECRUITMENT, HIRING AND ADVANCEMENT OF INDIVIDUALS WITH TARGETED DISABILITIES (EEOC FORM 715-01 PART J)

WORKFORCE DATA TABLES

"A" Tables - Workforce Data Tables by Race/Ethnicity and Gender
Narrative Workforce & Barrier Analysis

"B" Tables - Workforce Data Tables by Disability
Narrative Workforce & Barrier Analysis

APPENDIX

  • EEO Policy Statement
  • Diversity and Inclusion Policy Statement
  • Prevention of Harassment Policy Statement
  • Organizational Chart
  • EEOC Strategic Plan for Fiscal Years 2012-2016
  • EEOC Diversity and Inclusion Strategtic Plan
  • Human Capital Plan for Fiscal Years 2012-2016
  • Leadership Succession Management Plan 2012
EEOC FORM
715-01
PART A -D
U.S. Equal Employment Opportunity Commission
FEDERAL AGENCY ANNUAL
EEO PROGRAM STATUS REPORT
For period covering October 1, 2012, to September 30, 2013
PART A
Department or Agency Identifying Information
1. Agency 1. Equal Employment Opportunity Commission
1.a. 2nd level reporting component
1.b. 3rd level reporting component
1.c. 4th level reporting component
2. Address 2. 131 M Street NE
3. City, State, Zip Code 3. Washington, DC 20507
4. CPDF Code 5. FIPS code(s) 4. EE00 5.
PART B
Total Employment
1. Enter total number of permanent full-time and part-time employees 1. 2139
2. Enter total number of temporary employees 2. 22
3. Enter total number employees paid from non-appropriated funds 3. 0
4. TOTAL EMPLOYMENT [add lines B 1 through 3] 4. 2161
PART C
Agency Official(s) Responsible For Oversight of EEO Program(s)
1. Head of Agency Official Title 1. Jacqueline A. Berrien, Chair
2. Agency Head Designee 2. Claudia A. Withers, Chief Operating Officer
3. Principal EEO Director/Official Official Title/series/grade 3. Matthew B. Murphy, Director, Office of Equal Opportunity
4. Title VII Affirmative EEO Program Official 4. Lorna L. Yates, Affirmative Employment Program Manager
5. Section 501 Affirmative Action Program Official 5. Donna Walton, Disability Program Manager
6. Complaint Processing Program Manager 6. Camella Woodham, Deputy Director, Office of Equal Opportunity
7. Other Responsible EEO Staff Tanya Brown, Program Analyst
Victor Voloshin, Chief Mediation Officer
Sandra Adams, Equal Employment Specialist
Catanya Chandler, Equal Employment Specialist
Ingrid Wade, Equal Employment Specialist
EEOC FORM
715-01
PART A -D
U.S. Equal Employment Opportunity Commission
FEDERAL AGENCY ANNUAL
EEO PROGRAM STATUS REPORT

PART D

List of Subordinate Components Covered in This Report

Subordinate Component and Location (City/State) CPDF and FIPS codes
 

 

 

 

 

 

 

 

 

 

EEOC FORMS and Documents Included With This Report
*Executive Summary [FORM 715-01 PART E], that includes:
*Optional Annual Self-Assessment Checklist Against Essential Elements [FORM 715-01PART G]

Brief paragraph describing the agency's mission and mission-related functions


*EEO Plan To Attain the Essential Elements of a Model EEO Program [FORM 715-01PART H] for each programmatic essential element requiring improvement

Summary of results of agency's annual self-assessment against MD-715 "Essential Elements"


*Special Program Plan for the Recruitment, Hiring, and Advancement of Individuals With Targeted Disabilities for agencies with 1,000 or more employees [FORM 715-01 PART J]

Summary of Analysis of Work Force Profiles including net change analysis and comparison to RCLF


*Copy of Workforce Data Tables as necessary to support Executive Summary and/or EEO Plans

Summary of EEO Plan objectives planned to eliminate identified barriers or correct program deficiencies


*Copy of data from 462 Report as necessary to support action items related to Complaint Processing Program deficiencies, ADR effectiveness, or other compliance issues

Summary of EEO Plan action items implemented or accomplished


*Copy of Facility Accessibility Survey results as necessary to support EEO Action Plan for building renovation projects
*Statement of Establishment of Continuing Equal Employment Opportunity Programs
[FORM 715-01 PART F]

*Organizational Chart

 
*Copies of relevant EEO Policy Statement(s) and/or excerpts from revisions made to EEO Policy Statements
 
EEOC FORM
715-01
PART E
U.S. Equal Employment Opportunity Commission
FEDERAL AGENCY ANNUAL
EEO PROGRAM STATUS REPORT
U.S. Equal Employment Opportunity Commission For period covering October 1, 2012 , to September 30, 2013

EXECUTIVE SUMMARY

Mission and mission-related functions:  The mission of the Equal Employment Opportunity Commission (Commission, EEOC or Agency) is to eradicate and remedy unlawful employment discrimination.  The Agency enforces employment discrimination laws, monitors federal sector equal employment opportunity (EEO) programs and provides funding and support to state and local Fair Employment Practices Agencies (FEPAs) and Tribal Employment Rights Organizations (TEROs).  

The Commission's goal with respect to its own workforce is to become a model employer by providing a workplace that is both free from discrimination and inclusive and where employees are valued and their talents are developed.  The EEOC sponsors outreach and technical assistance programs which provide advice to individuals and employees about their rights and responsibilities under the law.

Self-Assessment Results

The Agency Self-Assessment Checklist measuring essential elements of the EEO program was completed. Overall, this Agency meets the six Essential Elements identified as necessary for a model EEO program. However, when gauged against the very specific measures identified in the self-assessment checklist, deficiencies have been noted and will be listed in Part I, following this summary.

Essential Element A - Demonstrated Commitment from Agency Leadership

Chair Berrien reaffirmed her commitment to EEO and diversity at the Agency by re-issuing the EEO policy statement dated April 16, 2013 to all employees via email.  The policy statement is posted on the internal and external website and is included in the information packet given to newly hired employees and newly appointed managers.  The workforce received EEO training via iMeeting during FY 2012. The Anti-Harassment Policy was signed and distributed to all employees on January 25, 2013.

In accordance with MD-715 guidance, the performance appraisal of all managers and supervisors includes a critical element that evaluates their commitment to EEO.

In addition, EEOC's Reasonable Accommodation policy and procedures are easily accessible to all employees and applicants via our internal and external websites.  During FY 2013, the Office of Human Resources received and processed 101 Reasonable Accommodation requests of which 86 were approved, two were approved with modification, one determination is pending, and 12 were denied.  All reasonable accommodation requests are filed in a locked cabinet within the OCHCO.

All managers and supervisors received reasonable accommodation training during FYs 2012 and 2013 via iMeeting and in person training and will be re-trained every two years. 

In FY 2013, the Office of Equal Opportunity met with Chair Berrien and her staff to review the State of the Agency briefing and to answer any questions that may arise from the presentation. This briefing is done annually after the MD-715 Report is finalized.

Essential Element B - Integration of EEO into the Agency's Strategic Mission

The Director of OEO reports directly to the agency head, is part of the Agency's senior management team and regularly participates in Senior Staff meetings.  The OEO Director also has open access to the agency head and Chief Operating Officer to discuss any EEO related matters.

The State of the Agency Briefing was given to the agency head and senior management on July 16, 2013.  During FY 2013, the OEO Director met with many District Directors to discuss their workforce, and to provide opportunities for questions regarding the EEO program.  This practice will continue in FY 2014.  In addition, copies of the current MD-715 report will be disseminated to each District Director and uploaded to the document management system.  The Director of OEO also provides updates to management at Senior Staff Meetings.

The OEO Director and the Chief Human Capital Officer have periodic meetings to discuss issues relating to EEO, employee development and workplace issues, review management policies, procedures and practices on an ongoing basis.

Special Emphasis Program Managers are housed in the Office of Equal Opportunity and are collateral duties. These individuals assist with ensuring that Special Emphasis Programs are an integral part of the regular operating processes.  The Affirmative Employment Program Manager oversees the Special Emphasis Programs.

In February 2012, the Commission took a significant step forward by approving a new Strategic Plan for FYs 2012 through 2016.  Performance Measure 12 for Strategy III.A.1, sets forth initiatives "that will strengthen the skills and improve the diversity of its workforce".  Additionally, the OEO Director was included in the formation of this plan and will be an active participant in the agency's Strategic Human Capital Plan.

There are two EEO investigators in the Office of Equal Opportunity, which necessitates the use of contract investigators due to workload.  In FY 2013, detailees were utilized to assist in the Affirmative Employment Program and the preparation of the MD-715 report.  Detailees were also used to assist in completing Final Agency Decisions.

The Office of Equal Opportunity selected 2college interns that assisted with Final Agency Decisions and Investigations during the summer of FY2013.

Essential Element C - Management and Program Accountability

During FY 2013, the OEO Director and the Office of the Chief Human Capital Officer (OCHCO) are coordinating with other Commission offices on a wide range of projects, including the Agency's plan to implement Executive Order 13515 Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs, Executive Order 13583 Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce, Executive Order 13171 Hispanic Employment in the Federal Government, Executive Order 13163 Increasing the Opportunity for Individuals with Disabilities to be Employed in the Federal Government and proactive prevention including barrier identification and elimination.  In addition, the EEOC participates in roundtable discussions with the Office of Personnel Management and the Office of Management and Budget regarding the Diversity and Inclusion Strategic Plans of other Federal agencies.

Furthermore, the agency established a Diversity and Inclusion Council which includes staff from a variety of grades and locations within EEOC. In FY 2013, the Council developed the Diversity and Inclusion Strategic Plan and Policy Statement. The Affirmative Employment Program Manager is a non-voting member of the National Council and other members of OEO are members of the Headquarters Council.

In FY 2013, OEO provided leadership, direction and guidance in carrying out the Agency's equal employment opportunity and diversity program.  OEO  administered the Agency-wide equal employment opportunity and affirmative employment programs by providing policy, oversight and technical guidance for EEOC on affirmative employment  special emphasis program areas, and EEO complaint processing.  OCHCO administered  the diversity and inclusion program. OEO collaborates with OCHCO  in all aspects of administering these programs.

Essential Element D - Proactive Prevention

The RESOLVE Program is utilized as a highly effective tool in the early resolution of various workplace disputes.  All individuals who contact OEO for counseling are offered ADR, with the exception of outside applicants and individuals who allege sexual harassment.  Where ADR is offered, management is required to participate.

During FY 2013, the OEO continued to provide the Office of the Chair with a state of the workforce summary.  The OEO prepared comprehensive EEO Reports for each District and Headquarters Office.  These reports provided information about hiring and separation trends, promotions and EEO complaint data.

The Office of Equal Opportunity provided information to managers and directors on workforce trends, areas which may require review of hiring practices, and also provided information on retirement eligibility for their offices, in order for the offices to assist in succession planning.

OEO met with various Affinity Groups throughout the year and partnered with them for recruitment opportunities and for educational offerings. OEO Staff attended Affinity Group conferences, funding permitted, and provided training at these conferences on various EEO topics.

The OCHCO annually completes the Federal Equal Opportunity Recruitment Program (FEORP) Report and the Disabled Veterans Affirmative Action Program (DVAAP).

In FY 2013, the Affirmative Employment Team met with the Agency-recognized Voluntary Employee Organizations (VEO) to obtain information on opinions and issues that affect their membership. We solicited ideas for improving inclusion in the workplace, and asked for the groups to gather best practices from the various offices throughout the Agency for diversity and inclusion, improving morale, and any other positive practices that can be shared with all managers and supervisors. In addition, OEO asked for VEO suggestions for future training through OEO's Education and Enrichment Program. These suggestions may be included in future Education & Enrichment programs.

Some examples of the feedback from the VEOs include:

  • EEOC PRIDE: Suggested the need for more comprehensive LGBT training, such as an in-person training that could cover everything from offensive and appropriate language, same sex marriage, conflict of religious views to LGBT and Equality in the workplace.
  • FEDS: Note that it would be beneficial to make a short video to train managers on the use of Schedule A Hiring, and have a training on Anti-stigma oriented training on psychiatric disabilities.
  • LIFE:   Suggested a training on "What works and what doesn't work to get advancement in EEOC - Practical and honest tips" Senior Staff to talk about their federal careers - things they would do or avoid in their next steps.

The Education and Enrichment Series continued in FY 2013, with the following training opportunities offered to EEOC staff:

  • The Americans With Disabilities Act Amendment Act - Commissioner Chai Feldblum
  • The Power of Presentation: Effective Communication Skills for Leaders - Shirley A. Jones, Esq.
  • Native Hawaiian History and Understanding Native Hawaiian Issues - Kawika Riley
  • 8 - The Play - a play chronicling the federal trial for marriage equality - EEOC Staff
  • African American Workgroup Report - Carlton Hadden and Marqui Willoughby

The EEOC Speaker Series featured Kenneth W. Mack, Professor of Law at Harvard Law School discussing "Representing the Race: The Creation of the Civil Rights Lawyer".

The Agency recognized the 50th Anniversary of the "March on Washington" with employees who participated in this historic event sharing their various stories.

We celebrated the 40th Anniversary of the Rehabilitation Act with the event, "The Past, Present, and Future of the Rehabilitation Act," and featured many distinguished speakers who have a long history of dedication towards ensuring equality for individuals with disabilities.  These speakers included:

  • Senator Tom Harkin 
  • EEOC Chair Jacqueline Berrien
  • EEOC Commissioner Chai Feldblum
  • Debra Carr, Director of the Division of Policy, Planning and Program Development for the Office of the Federal Contract Compliance Programs, U.S. Dept. of Labor
  • Judith Heumann, Special Advisor, International Disability Rights, U.S. Dept. of State
  • Claudia Gordon, Public Engagement Advisor on Disability, Office of Public Engagement, The White House
  • Jeff Rosen, Chairperson, National Council on Disability
  • John Wodatch, retired Chief, Disability Rights Section, Civil Rights Division, U.S. Dept. of Justice
  • Robert Silverstein, Attorney, Powers, Pyles, Sutter & Verville PC
  • Ruby Moore, Executive Director, The Georgia Advocacy Office

The Office of Equal Opportunity issued the "Voluntary Employee Organizations" Order, establishing a framework for employee organizations to form, be recognized, and operate within the EEOC. At the end of FY 2013, the EEOC had two recognized VEOs including EEOC Pride, and LIFE. Others are in the process of becoming recognized organizations within the agency. During this reporting period, the Affirmative Employment Staff held conference calls with the VEOs to discuss any concerns their members may have regarding employment at the EEOC. The participants also provided best practices for inclusion and to improve employee morale that various offices in the field may be doing. Each group was encouraged to submit topics for future Education and Enrichment Programs to the AEP team.

Staff continued to represent the EEOC at various conferences throughout the year (pending availability of funding), including EEOC's EXCEL Conference, Blacks in Government National Training Institute, the Asian American Government Executives Network Leadership Conference, Federal Asian Pacific American Council Annual Meeting, Federally Employed Women's Annual Conference, National IMAGE and Federal Employees with Disabilities (FEDs), and FEDQ.

FY 2013 saw the formation of the Diversity & Inclusion Council and Sub-councils. The Diversity Council and Sub Councils positively reflect the ethnicity and gender of the EEOC Workforce.  Of the 170 applications, 134 members were selected for the National Council or Sub Councils. The demographics for this group are:

  • 13.43%  Hispanic Females (18/134)
  • 6.72% Hispanic Males (9/134)
  • 17.16% White Females (23/134)
  • 11.94 White Males (16/134)
  • 30.60% Black Females (41/134)
  • 9.70% Black Males (13/134)
  • 2.99% Asian Females (4/134)
  • 3.73% Asian Males (5/134)
  • 0.75% American Indian/Alaska Native Female (1/134)
  • 2.24% Two or More Races Females (3/134)
  • 0.75% Two or More Races Male (1/134)

When looking at the makeup of the councils by disability status, the breakdown is as follows:

  • 76.12% reports No Disability
  • 7.46% did not identify
  • 16.42% report having a Disability
  • 2.99% report with Targeted Disabilities (4/134)

These statistics also reflect positively when compared to the EEOC Workforce as a whole.

The Diversity & Inclusion Council and Sub Councils have developed a Strategic Plan and meet monthly via teleconference.

OEO will continue to partner with OCHCO on the administration of the Diversity Council and implementation of the Agency's Diversity and Inclusion Strategic Plan. In addition, OEO will partner with OCHCO to strengthen the Agency's Special Emphasis Programs.

The EEOC demonstrates strong support for telework throughout the Agency. Approximately 44.6% (964/2161) of our staff telework on a regular basis, compared to 17% across the federal government. The total number of telework hours for FY 2013 through June 15, 2013 was 256,000.9 hours. The average number of hours per teleworker is 365.57 hours per year. Telework has proven to be beneficial in employee satisfaction. Alternate Work Schedules are also offered to EEOC staff.

There were no new formal career development programs implemented in the EEOC for FY 2013. However, The Mentor program is now in its 4th year at the EEOC. For the FY 2013 program, there were 160 participants including mentors and mentees. All RNO groups were represented with the exception of Native American/Alaska Natives and Native Hawaiians/Other Pacific Islanders. 

The Agency also purchases slots annually in the Federal Executive Institute's "Leadership for a Democratic Society" 4 week residential program in an effort to help develop high potential GS-15s for potential senior level leadership positions and new members of the SES. In FY 2013, four individuals participated in this program.

FY 2013 Participants in the FEI Program were as follows:

  • 75% White Male (3/4)
  • 25% Black/African American Female (1/4)
  • 0% reported having a disability (0/4)

GS-15s must be nominated by their supervisor and office director as part of the application process--no self-nominations are accepted.  A memo is sent to all GS-15s and directors each year announcing the program. The following are steps in this process:

  • Supervisor and office director submit nomination package which includes the following:  nomination form with appropriate signatures, most recent appraisal and notation of last three ratings, nominee statement, and nominator statement.
  • Agency FEI Nomination Evaluation Panel reviews, rates, and ranks nominees
  • Executive Resources Board (ERB) provides recommendation to Chair

Criteria considered for selection are:

  • The extent of the nominee's current strengths considering OPM's Executive Core Qualifications
  • Whether the nominee's areas of needed improvement are within the scope of the FEI/LDS program
  • How the nominee's most recent appraisal reflects high leadership ability and potential
  • The extent of the nominee's current strengths considering OPM's Executive Core Qualifications

Highlights of Total Workforce by Race/Ethnicity/Sex (Tables A-1)

The total workforce decreased from 2291 in FY 2012 to 2161 in FY 2013, a difference of - 130, or a net change of -5.67%. Female representation is 65.41%, a slight increase of 0.20% from FY 2012.

With regard to the A1 Supplemental Table, we compared a 1-year, 3-year, and 5-year trend on the EEOC workforce. The three-year trend (2010 compared to 2013) showed a 15.48% reduction in the workforce. However, when compared to the five-year trend, the workforce is relatively unchanged.

Triggers noted in total workforce

Males overall participate in the total workforce at a rate of 35.59%, which is below their corresponding rate in the CLF of 51.86%

White males  participate in the total workforce at a rate of 17.21%, which is below their corresponding rate in the CLF of 38.33%

White females participate in the total workforce at a rate of 22.17%, which is below their corresponding rate in the CLF of 33.74%

Above, we note the overall triggers in the total workforce; however , we narrowed our focus to the following triggers in our first level of analysis.  We created plans in Part I, but these do not necessarily indicate the presence of a barrier at this time.

Less than expected participation of Female employees in Executive/Senior Level Grades 15  (47.47%), which is below their participation rate in the permanent workforce (64.24%).

Less than expected participation of Black/African American Females in Officials and Managers categories Mid-level (24.39%) and Executive Senior Grade Levels GS 15 and above (19.19%), which is below their participation in the permanent workforce (30.15%) (A3)

Less than expected participation of Hispanic Females in Officials and Managers Category in the Executive/Senior Level GS 15 and above (3.03%), which is below their participation rate in the permanent workforce of (8.88%)

Less than expected participation of Persons with Targeted Disabilities in the first level Officials and Managers (0%) and  Mid Level occupation (5.26%), which is below the corresponding rate of availability for persons without a targeted disability in the first level Officials and Managers (100%) and Mid-level Officials and Managers (9.70%) occupations.

There appears to be a disproportionately high number of Black employees being involuntarily  separated from service.

Highlights of Major Occupations by Race/Ethnicity/Sex  (Tables A6)

After discussion with relative offices in the Agency, we have included previously omitted occupations in the mission-critical occupations have been identified by EEOC.  The addition of Mediators and EEO Specialists is reflected in the tables and in the analysis below. RCLF data is used for these positions; statistical data on each major occupation found in Table A6, is attached to this report.

Attorneys constitute 21.51% of the permanent workforce (460/2139).  All RNO groups participate in the Attorney occupation with the exception of Native Hawaiian/Pacific Islander males and females, and American Indian/Alaska Native males.

Investigators constitute 37.96% of the permanent workforce (812/2139).  In the investigator occupational category, there is a conspicuous absence of Native Hawaiian/Pacific Islander males and females.

Mediators make up 3.97% of the permanent workforce (85/2139). There is a conspicuous absence of Asian females in this category.

Equal Employment Specialists (EES) are 0.84% of the permanent workforce (18/2139). There are no Hispanic Males, White Males, Asian Males Native Hawaiian/Pacific Islander, American Indian/Alaska Natives, or Two or More Races in the EES occupation.

Highlights of Applicant Data, New Hires and Promotion Actions  (Tables A7 through A11)

In spite of the continued hiring freeze, in FY 2013, 15 of 19 new hires were placed in permanent positions.

New Hires in Mission Critical Occupations- Permanent and Temporary

One White Female Attorney (Permanent)
One Hispanic Male Equal Opportunity Investigator (Permanent)
One White Female Attorney (Temporary)
One Asian Female Attorney (Temporary)
One White Female Equal Opportunity Investigator (Temporary)

Selections for Internal Competitive Promotions for Major Occupations:

GS-13 Attorney (1 selection)

White Male 100%

GS-14 Attorneys (15 selections)

Two Hispanic Females 13.33% (2/15)
Three White Males 20.00% (3/15)
Three White Females 20.00% (3/15)
One Black Male 6.67% (1/15)
Two Black Females 13.33% (2/15)
Two Asian Males 13.33% (2/15)
One Asian Female 6.67% (1/15)
One American Indian/Alaska Native Male 6.67% (1/15)

GS-15 Attorneys (3 selections)

One Black Female 33.33% (1/3)
One Hispanic Female 33.33% (1/3)
One White Male 33.33% (1/3)

GS-13 Investigators (1 Selection)

Black Female 100%

Selections for Internal Competitive Promotions for Senior Level Positions (23 Selections)  (GS-13, 14,15 and SES):

One White Male Litigation Support Specialist 4.35% (1/23)
One Hispanic Male Equal Opportunity Specialist 4.35% (1/23)
One Black Female Financial Analyst 4.35% (1/23)
One Asian Male Attorney Advisor 4.35% (1/23)
One White Male Attorney Advisor (CR) 4.35% (1/23)
One Black Female Attorney Advisor 4.35% (1/23)
One Black Female Attorney Examiner 4.35% (1/23)
One Hispanic Female Attorney Examiner 4.35% (1/23)
One White Male General Attorney 4.35% (1/23)
One Asian Female General Attorney 4.35% (1/23)
One Two or More Races Male General Attorney 4.35% (1/23)
One White Male Supervisory Attorney Advisor 4.35% (1/23)
Three White Male Trial Attorneys 13.04% (3/23)
Two Hispanic Female Trial Attorneys 8.70% (2/23)
Two White Female Trial Attorneys 8.70% (2/23)
One Black Male Trial Attorney 4.35% 1/23)
One Black Female Trial Attorney 4.35% (1/23)
One Asian Male Trial Attorney 4.35% (1/23)
One Black Female Supervisory EO Investigator 4.35% (1/23)

Highlights of Separations  (Tables A14)

During FY 2013, there were 141 separations, including 5 involuntary separations. 

Highlights of Grade Groups by Disability (Table B4)

Persons with a targeted disability (PWTD) participate in the GS 15 and SES grade levels at rates above the corresponding portion of persons without a targeted disability (PWOTD).  However, data reveals a trigger for PWTD in the GS 13 (8.77%) grade level when compared to individuals without a targeted disability (13.83%) in the same grade.  Similarly, the participation of PWTD in the GS 14 (19.30%) grade level is below the corresponding portion of PWOTD (22.43%).  Further analysis is needed to determine why these triggers exist.  We have developed a plan in Part I indentifying this trigger.

Highlights of Major Occupations by Disability (Table B6)

Of the 460 permanent attorneys 36 employees (7.83%) report having a disability and 11 employees (2.40%)report having a targeted disability.

Of the 812 permanent investigators 159 employees (19.58%) report having a disability and 21 employees (2.60%) report having a targeted disability. Of the 85 mediators, 14 (17.50%) report having a disability and two (2.50) report having a targeted disability. 

Of 18 Equal Employment Specialists, 8 (44.44%) indicate having a disability and two (11.11%) indicate they have a targeted disability.

Highlights of Applicant Data, New Hires and Promotion Actions by Disability (Tables B7through B11)

There were 9 permanent hires in FY 2013 with 5 individuals reporting a disability.  There were no individuals with targeted disabilities reported.

Of the 19 attorneys that received Internal Competitive Promotions, six reported having a disability and one reported having a targeted disability.  ­­One investigator was promoted from GS 12 to GS 13 and reported no disability.

Highlights of Separations by Disability (Tables B14)

Of the 155 separations in FY 2013, there were 27 voluntary separations and 1 involuntary separation of individuals reporting disabilities.  There were 6 (10.53%) total PWTD that separated from EEOC, which indicates a trigger because PWTD separated at a rate above the corresponding portion of PWOTD (7.16%).  Further analysis is needed to determine the reason for the high separation rate of individuals with a targeted disability.  Planned activities include reviewing exit interview data, establishing a focus group of individuals with a target disability to gain employee perspectives on the organization, and examining efficiency and effectiveness of the reasonable accommodation program.

Essential Element E - Efficiency

In an effort to improve the effectiveness of the Agency's EEO programs, and ensure an efficient and fair dispute resolution process, the Agency continues to improve on the number of days it takes to issue Final Decisions where a hearing is not requested, as well as on the number of days required to complete an EEO Investigation. To this end, OEO utilizes the OEO Workflow Plan and Data Tracking Sheet to ensure accurate tracking of all deadlines related to EEO complaint activity and OEO Director and Deputy Director have weekly meetings with investigators to assess their progress and to answer questions. OEO continues to
measure its results in accordance with the year-end "Statistical Report of Discrimination Complaints", FORM 462.

Workforce data is obtained from the Interior Business Center Datamart, of the Department of the Interior.

The information is gathered from data input by the EEOC's Office of the Chief Human Capital Officer, through FPPS.

The Office of General Counsel does not interfere with the EEO Process.

Essential Element F - Responsiveness and Legal Compliance

MD-715 guidance requires the Agency to be in full compliance with EEO statutes, EEOC regulations, EEOC policy guidance and other written instructions. Examples of Agency actions which were taken in full legal compliance included the following: the Agency consistently posts its quarterly No FEAR Act data on its external website in a timely manner, in accordance with 29 C.F.R. Section 1614.703-705; provides No FEAR Act training to all employees as prescribed; the Office of the Chief Human Capital Officer received and processed 101 reasonable accommodation requests during FY 2013. In addition, the MD-715 report is submitted within the prescribed timeframe.

 

EEOC FORM
715-01
PART F
U.S. Equal Employment Opportunity Commission
FEDERAL AGENCY ANNUAL
EEO PROGRAM STATUS REPORT
CERTIFICATION of ESTABLISHMENT of CONTINUING
EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS

I,  Matthew B. Murphy, Director, Office of Equal Opportunity am the Principal EEO Director/Official for  U. S. Equal Employment Opportunity Commission

The agency has conducted an annual self-assessment of Section 717 and Section 501 programs against the essential elements as prescribed by EEO MD-715. If an essential element was not fully compliant with the standards of EEO MD-715, a further evaluation was conducted and, as appropriate, EEO Plans for Attaining the Essential Elements of a Model EEO Program, are included with this Federal Agency Annual EEO Program Status Report.

The agency has also analyzed its work force profiles and conducted barrier analyses aimed at detecting whether any management or personnel policy, procedure or practice is operating to disadvantage any group based on race, national origin, gender or disability. EEO Plans to Eliminate Identified Barriers, as appropriate, are included with this Federal Agency Annual EEO Program Status Report.

I certify that proper documentation of this assessment is in place and is being maintained for EEOC review upon request.

______________________ _______
Matthew B. Murphy, Director, Office of Equal Opportunity
Certifies that this Federal Agency Annual EEO Program Status Report is in compliance with EEO MD-715.
Date
______________________ _______
Claudia Withers, Chief Operating Officer Date

 

Essential Element A: DEMONSTRATED COMMITMENT FROM AGENCY LEADERSHIP
Requires the agency head to issue written policy statements ensuring a workplace free of discriminatory harassment and a commitment to equal employment opportunity.
Compliance Indicator EEO policy statements are up-to-date Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
The Agency Head was installed on 04/07/2010. The EEO policy statement was issued on 4/16/2013.
Was the EEO policy Statement issued within 6 - 9 months of the installation of the Agency Head?
If no, provide an explanation.
X    
During the current Agency Head's tenure, has the EEO policy Statement been re-issued annually?
If no, provide an explanation.
X    
Are new employees provided a copy of the EEO policy statement during orientation? X    
When an employee is promoted into the supervisory ranks, is s/he provided a copy of the EEO policy statement? X    
Compliance Indicator EEO policy statements have been communicated to all employees. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Have the heads of subordinate reporting components communicated support of all agency EEO policies through the ranks?     N/A
Has the agency made written materials available to all employees and applicants, informing them of the variety of EEO programs and administrative and judicial remedial procedures available to them? X    
Has the agency prominently posted such written materials in all personnel offices, EEO offices, and on the agency's internal website? [see 29 CFR §1614.102(b)(5)]  X    
Compliance Indicator Agency EEO policy is vigorously enforced by agency management. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Are managers and supervisors evaluated on their commitment to agency EEO policies and principles, including their efforts to: X

resolve problems/disagreements and other conflicts in their respective work environments as they arise?

X

address concerns, whether perceived or real, raised by employees and following-up with appropriate action to correct or eliminate tension in the workplace?

X

support the agency's EEO program through allocation of mission personnel to participate in community out-reach and recruitment programs with private employers, public schools and universities?

X

ensure full cooperation of employees under his/her supervision with EEO office officials such as EEO Counselors, EEO Investigators, etc.?

X

ensure a workplace that is free from all forms of discrimination, harassment and retaliation?

X

ensure that subordinate supervisors have effective managerial, communication and interpersonal skills in order to supervise most effectively in a workplace with diverse employees and avoid disputes arising from ineffective communications?

X

ensure the provision of requested religious accommodations when such accommodations do not cause an undue hardship?

X

ensure the provision of requested disability accommodations to qualified individuals with disabilities when such accommodations do not cause an undue hardship?

X

Have all employees been informed about what behaviors are inappropriate in the workplace and that this behavior may result in disciplinary actions? X
Agency-wide emails and training provided.
Describe what means were utilized by the agency to so inform its workforce about the penalties for unacceptable behavior.      
Have the procedures for reasonable accommodation for individuals with disabilities been made readily available/accessible to all employees by disseminating such procedures during orientation of new employees and by making such procedures available on the World Wide Web or Internet? X

Have managers and supervisor been trained on their responsibilities under the procedures for reasonable accommodation? X

Essential Element B: Integration of EEO into the Agency's Strategic Mission
Requires that the agency's EEO programs be organized and structured to maintain a workplace that is free from discrimination in any of the agency's policies, procedures or practices and supports the agency's strategic mission.

Compliance Indicator

The reporting structure for the EEO Program provides the Principal EEO Official with appropriate authority and resources to effectively carry out a successful EEO Program.

Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Is the EEO Director under the direct supervision of the agency head? [see 29 CFR §1614.102(b)(4)]
For subordinate level reporting components, is the EEO Director/Officer under the immediate supervision of the lower level component's head official?
(For example, does the Regional EEO Officer report to the Regional Administrator?)
X

Are the duties and responsibilities of EEO officials clearly defined? X

Do the EEO officials have the knowledge, skills, and abilities to carry out the duties and responsibilities of their positions? X

If the agency has 2nd level reporting components, are there organizational charts that clearly define the reporting structure for EEO programs?  
N/A
If the agency has 2nd level reporting components, does the agency-wide EEO Director have authority for the EEO programs within the subordinate reporting components?  
N/A

If not, please describe how EEO program authority is delegated to subordinate reporting components.

     
Compliance Indicator The EEO Director and other EEO professional staff responsible for EEO programs have regular and effective means of informing the agency head and senior management officials of the status of EEO programs and are involved in, and consulted on, management/personnel actions. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Does the EEO Director/Officer have a regular and effective means of informing the agency head and other top management officials of the effectiveness, efficiency and legal compliance of the agency's EEO program? X

Following the submission of the immediately preceding FORM 715-01, did the EEO Director/Officer present to the head of the agency and other senior officials the "State of the Agency" briefing covering all components of the EEO report, including an assessment of the performance of the agency in each of the six elements of the Model EEO Program and a report on the progress of the agency in completing its barrier analysis including any barriers it identified and/or eliminated or reduced the impact of? X

Are EEO program officials present during agency deliberations prior to decisions regarding recruitment strategies, vacancy projections, succession planning, selections for training/career development opportunities, and other workforce changes? X

Does the agency consider whether any group of employees or applicants might be negatively impacted prior to making human resource decisions such as re-organizations and re-alignments?

X

Are management/personnel policies, procedures and practices examined at regular intervals to assess whether there are hidden impediments to the realization of equality of opportunity for any group(s) of employees or applicants? [see 29 C.F.R. § 1614.102(b)(3)] 

X

Is the EEO Director included in the agency's strategic planning, especially the agency's human capital plan, regarding succession planning, training, etc., to ensure that EEO concerns are integrated into the agency's strategic mission? X

Compliance Indicator The agency has committed sufficient human resources and budget allocations to its EEO programs to ensure successful operation. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Does the EEO Director have the authority and funding to ensure implementation of agency EEO action plans to improve EEO program efficiency and/or eliminate identified barriers to the realization of equality of opportunity? X    
Are sufficient personnel resources allocated to the EEO Program to ensure that agency self-assessments and self-analyses prescribed by EEO MD-715 are conducted annually and to maintain an effective complaint processing system?   X

This will be addressed in FY 2014

Are statutory/regulatory EEO related Special Emphasis Programs sufficiently staffed? X    

Federal Women's Program - 5 U.S.C. 7201; 38 U.S.C. 4214; Title 5 CFR, Subpart B, 720.204

X    

Hispanic Employment Program - Title 5 CFR, Subpart B, 720.204

X    

People With Disabilities Program Manager; Selective Placement Program for Individuals With Disabilities - Section 501 of the Rehabilitation Act; Title 5 U.S.C. Subpart B, Chapter 31, Subchapter I-3102; 5 CFR 213.3102(t) and (u); 5 CFR 315.709

X    
Are other agency special emphasis programs monitored by the EEO Office for coordination and compliance with EEO guidelines and principles, such as FEORP - 5 CFR 720; Veterans Employment Programs; and Black/African American; American Indian/Alaska Native, Asian American/Pacific Islander programs? X    
Compliance Indicator The agency has committed sufficient budget to support the success of its EEO Programs. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Are there sufficient resources to enable the agency to conduct a thorough barrier analysis of its workforce, including the provision of adequate data collection and tracking systems? X

Is there sufficient budget allocated to all employees to utilize, when desired, all EEO programs, including the complaint processing program and ADR, and to make a request for reasonable accommodation? (Including subordinate level reporting components?) X

Has funding been secured for publication and distribution of EEO materials (e.g. harassment policies, EEO posters, reasonable accommodations procedures, etc.)? X

Is there a central fund or other mechanism for funding supplies, equipment and services necessary to provide disability accommodations? X

Does the agency fund major renovation projects to ensure timely compliance with Uniform Federal Accessibility Standards? X

Is the EEO Program allocated sufficient resources to train all employees on EEO Programs, including administrative and judicial remedial procedures available to employees? X

Is there sufficient funding to ensure the prominent posting of written materials in all personnel and EEO offices? [see 29 C.F.R. § 1614.102(b)(5)] 

X

Is there sufficient funding to ensure that all employees have access to this training and information?

X

Is there sufficient funding to provide all managers and supervisors with training and periodic up-dates on their EEO responsibilities:  

for ensuring a workplace that is free from all forms of discrimination, including harassment and retaliation?

X

to provide religious accommodations?

X

to provide disability accommodations in accordance with the agency's written procedures?

X

in the EEO discrimination complaint process?

X

to participate in ADR?

X

Essential Element C: Management and Program Accountability
This element requires the Agency Head to hold all managers, supervisors, and EEO Officials responsible for the effective implementation of the agency's EEO Program and Plan.
Compliance Indicator EEO program officials advise and provide appropriate assistance to managers/supervisors about the status of EEO programs within each manager's or supervisor's area or responsibility. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Are regular (monthly/quarterly/semi-annually) EEO updates provided to management/supervisory officials by EEO program officials? X

Do EEO program officials coordinate the development and implementation of EEO Plans with all appropriate agency managers to include Agency Counsel, Human Resource Officials, Finance, and the Chief information Officer? X

Compliance Indicator The Human Resources Director and the EEO Director meet regularly to assess whether personnel programs, policies, and procedures are in conformity with instructions contained in EEOC management directives. [see 29 CFR § 1614.102(b)(3)] Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Have time-tables or schedules been established for the agency to review its Merit Promotion Program Policy and Procedures for systemic barriers that may be impeding full participation in promotion opportunities by all groups? X

Have time-tables or schedules been established for the agency to review its Employee Recognition Awards Program and Procedures for systemic barriers that may be impeding full participation in the program by all groups? X

Have time-tables or schedules been established for the agency to review its Employee Development/Training Programs for systemic barriers that may be impeding full participation in training opportunities by all groups? X

Compliance Indicator When findings of discrimination are made, the agency explores whether or not disciplinary actions should be taken. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Does the agency have a disciplinary policy and/or a table of penalties that covers employees found to have committed discrimination? X

Have all employees, supervisors, and managers been informed as to the penalties for being found to perpetrate discriminatory behavior or for taking personnel actions based upon a prohibited basis? X

Has the agency, when appropriate, disciplined or sanctioned managers/supervisors or employees found to have discriminated over the past two years? X

If so, cite number found to have discriminated and list penalty /disciplinary action for each type of violation.

 
Does the agency promptly (within the established time frame) comply with EEOC, Merit Systems Protection Board, Federal Labor Relations Authority, labor arbitrators, and District Court orders? X

Does the agency review disability accommodation decisions/actions to ensure compliance with its written procedures and analyze the information tracked for trends, problems, etc.? X

Essential Element D: Proactive Prevention
Requires that the agency head makes early efforts to prevent discriminatory actions and eliminate barriers to equal employment opportunity in the workplace.
Compliance Indicator Analyses to identify and remove unnecessary barriers to employment are conducted throughout the year. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Do senior managers meet with and assist the EEO Director and/or other EEO Program Officials in the identification of barriers that may be impeding the realization of equal employment opportunity? X

When barriers are identified, do senior managers develop and implement, with the assistance of the agency EEO office, agency EEO Action Plans to eliminate said barriers? X

Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans? X

Are trend analyses of workforce profiles conducted by race, national origin, sex and disability? X

Are trend analyses of the workforce's major occupations conducted by race, national origin, sex and disability? X

Are trends analyses of the workforce's grade level distribution conducted by race, national origin, sex and disability? X

Are trend analyses of the workforce's compensation and reward system conducted by race, national origin, sex and disability? X

Are trend analyses of the effects of management/personnel policies, procedures and practices conducted by race, national origin, sex and disability? X

Compliance Indicator The use of Alternative Dispute Resolution (ADR) is encouraged by senior management. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Are all employees encouraged to use ADR? X

Is the participation of supervisors and managers in the ADR process required? X

Essential Element E: Efficiency
Requires that the agency head ensure that there are effective systems in place for evaluating the impact and effectiveness of the agency's EEO Programs as well as an efficient and fair dispute resolution process.
Compliance Indicator The agency has sufficient staffing, funding, and authority to achieve the elimination of identified barriers. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Does the EEO Office employ personnel with adequate training and experience to conduct the analyses required by MD-715 and these instructions? X

Has the agency implemented an adequate data collection and analysis systems that permit tracking of the information required by MD-715 and these instructions? X

Have sufficient resources been provided to conduct effective audits of field facilities' efforts to achieve a model EEO program and eliminate discrimination under Title VII and the Rehabilitation Act? X

Is there a designated agency official or other mechanism in place to coordinate or assist with processing requests for disability accommodations in all major components of the agency? X

Are 90% of accommodation requests processed within the time frame set forth in the agency procedures for reasonable accommodation? X

Compliance Indicator The agency has an effective complaint tracking and monitoring system in place to increase the effectiveness of the agency's EEO Programs. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Does the agency use a complaint tracking and monitoring system that allows identification of the location and status of complaints and length of time elapsed at each stage of the agency's complaint resolution process? X

Does the agency's tracking system identify the issues and bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information to analyze complaint activity and trends? X

Does the agency hold contractors accountable for delay in counseling and investigation processing times? X
 

If yes, briefly describe how:

 
Does the agency monitor and ensure that new investigators, counselors, including contract and collateral duty investigators, receive the 32 hours of training required in accordance with EEO Management Directive MD-110? X

Does the agency monitor and ensure that experienced counselors, investigators, including contract and collateral duty investigators, receive the 8 hours of refresher training required on an annual basis in accordance with EEO Management Directive MD-110? X

Compliance Indicator The agency has sufficient staffing, funding and authority to comply with the time frames in accordance with the EEOC (29 C.F.R. Part 1614) regulations for processing EEO complaints of employment discrimination. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Measures Yes No
Are benchmarks in place that compare the agency's discrimination complaint processes with 29 C.F.R. Part 1614? X

Does the agency provide timely EEO counseling within 30 days of the initial request or within an agreed upon extension in writing, up to 60 days?

X

Does the agency provide an aggrieved person with written notification of his/her rights and responsibilities in the EEO process in a timely fashion?

X

Does the agency complete the investigations within the applicable prescribed time frame?

X

When a complainant requests a final agency decision, does the agency issue the decision within 60 days of the request?

X

When a complainant requests a hearing, does the agency immediately upon receipt of the request from the EEOC AJ forward the investigative file to the EEOC Hearing Office?

X

When a settlement agreement is entered into, does the agency timely complete any obligations provided for in such agreements?

X

Does the agency ensure timely compliance with EEOC AJ decisions which are not the subject of an appeal by the agency?

X

Compliance Indicator Measures There is an efficient and fair dispute resolution process and effective systems for evaluating the impact and effectiveness of the agency's EEO complaint processing program. Measure has been met For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report
Yes No
In accordance with 29 C.F.R. §1614.102(b), has the agency established an ADR Program during the pre-complaint and formal complaint stages of the EEO process? X

Does the agency require all managers and supervisors to receive ADR training in accordance with EEOC (29 C.F.R. Part 1614) regulations, with emphasis on the federal government's interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? X

After the agency has offered ADR and the complainant has elected to participate in ADR, are the managers required to participate? X

Does the responsible management official directly involved in the dispute have settlement authority?

X