Following are excerpts from a recent report by the EEOC summarizing its recent activities in overseeing federal agency compliance with anti-bias and other laws under its jurisdiction, along with its record in hearing appeals of complaints from employees.
Oversight of 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, antiharassment 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.
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.
Adjudicating 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 $95 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.
