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Many federal agencies have not complied with a requirement enacted in 2020 that agency EEO directors report directly to the agency’s head, but where that is the case the EEO program benefits, the EEOC has said.
EEOC noted that prior policies urging that reporting structure were put into law by the Elijah E. Cummings Federal Employee Antidiscrimination Act. However, its review found that 47 percent of small agencies had such a reporting structure, compared with 33 percent of mid-sized agencies, 36 percent of large agencies, and 29 percent of Cabinet-level department agencies.
Further, a survey of agency EEO directors found that “the vast majority of respondents from agencies with a direct reporting structure stated that it had either very positively (72%) or positively (20%) impacted their agency’s EEO program.” They generally have regular contact with the agency head, with nearly half saying they communicate at least weekly and another fifth at least biweekly.
“At agencies without a direct reporting structure, 41% of respondents cited leadership reluctance as the main obstacle to establishing that structure at their agencies,” the EEOC said. In focus groups, some told the EEOC that they did not expect their agency to comply out of a view that their current structure “adhered to the ‘spirit of the law’ if not its formal provisions.”
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