Issue Briefs

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Following are key sections of an annual EEOC report on demographics of the federal workforce and statistics on EEO complaints that included a new section evaluating agencies’ commitment to preventing employment discrimination.


Demonstrated Commitment to Equal Employment Opportunities

There is reason to believe that organizational commitment to EEO may prevent employment discrimination. The 2019 report, like other recent Annual Reports, assesses compliance with MD-715 and 29 CFR § 1614, focusing on aspects that directly affect Federal employees.

To assess the Federal Government’s commitment to EEO, this report examined four measures related to the prevention of discrimination found in Part G of EEOC Form 715-02, the Federal Agency Annual EEO Program Status Report. Agencies that were required to complete that form answered yes, no, or not applicable to the following questions related to agencies’ commitment to EEO:

– Do all managers and supervisors have an element in their performance appraisal that evaluates their commitment to agency EEO policies and principles and their participation in the EEO program? (Question C.3.a)

– Does the agency prominently post the following information throughout the workplace and on its public website: Reasonable accommodation procedures? (Question A.2.b.3)

– Do senior managers participate in the barrier analysis process? (Question B.6.b)

– Is the agency head the immediate supervisor of the person (“EEO Director”) who has day-to-day control over the EEO office? (Question B.1.a)

Agencies answering yes were considered to be demonstrating commitment to EEO. As seen in Figure 4.1, most reporting agencies and subcomponents demonstrated commitment on these measures to varying degrees. However, the percentage of agencies demonstrating commitment on most of these measures decreased from that reported the previous year. The sole exception was evaluating managers and supervisors on their commitment to EEO. In FY 2019, 89.0% of agencies evaluated managers and supervisors on their commitment to EEO, compared to 88.6% of agencies in FY 2018.

At 85.2% of agencies, reasonable accommodations procedures were readily available and accessible. This measure is crucial to attract and retain persons with disabilities within the Federal workforce. The rate of compliance slightly dropped from 86.6% the previous year.

At 75.7% of agencies, senior managers participated in the barrier analysis process in FY 2019. Leadership’s involvement in promoting EEO is crucial to creating a workplace culture that does not tolerate discrimination. Despite this being a drop from the FY 2018 value of 77.6%, we commend the majority of agencies who reported succeeding in this measure.

EEO Commitment Indicators | % of Agencies Demonstrating EEO Commitment
Agency Evaluated Managers and Supervisors on Commitment to EEO | 89.0%
Reasonable Accommodation Procedures for Individuals with Disabilities Prominently Posted | 85.2%
Senior Managers Participate in the Barrier Analysis Process | 75.7%
Agency Head is the Immediate Supervisor of the EEO Director | 61.4%

Figure 4. 1 Federal agencies’ demonstrated commitment to equal employment opportunities

Although agencies commonly demonstrated EEO commitment on the measures mentioned above, they did not score as highly on one: having the agency head be the immediate supervisor of the EEO Director. At over one-third (38.6%) of reporting agencies, the agency head was not the EEO Director’s immediate supervisor. This deficiency in terms of organizational structure is troubling. Regulations found in 29 C.F.R. § 1614.102(b)(4) and further described in MD-110 mandate that the EEO Director report directly to the agency head. Not including the EEO Director among senior management implies that the agency does not consider EEO a priority. Furthermore, in technical assistance visits and program evaluations, the EEOC has found that EEO Directors sometimes report to the heads of Human Resources, who often participated in the agency’s defense to claims of discrimination. The resulting conflict of interest may cause employees to doubt the neutrality of the EEO process, and they may hesitate to seek EEO counseling. This can result in unchecked discriminatory conduct. With the enactment of the Elijah J. Cummings Federal Employee Antidiscrimination Act of 2020, the requirement that the head of each Federal agency’s EEO Program report to the head of the agency is now law. All non-compliant agencies must remedy this issue.

Workforce Characteristics

– Governmentwide, participation rates for 9 out of the 14 race-by-sex groups were higher than their rates in the 2018 civilian labor force (CLF). The exceptions were Hispanic/Latino males (6.2% vs. 6.8% in the CLF), Hispanic/Latina females (4.4% vs. 6.2% in the CLF), White females (22.5% vs. 31.8% in the CLF), men of Two or More Races (0.6% vs. 1.0% in the CLF), and women of Two or More Races (0.5% vs. 1.1% in the CLF).

– White males continued to comprise most of the Senior Executive Service (52.7% of those in Senior Executive Service positions in 2019).

– In the General Schedule (GS) pay system, most race-by-sex groups participated at higher rates in the lower pay grades relative to their participation in the higher pay grades. The exceptions to this are White males and Asians of both sexes.

– The overall participation rate of individuals with targeted disabilities increased from 1.05% in FY 2003 to 1.80% in FY 2019. This was driven by increases in the participation rates of individuals with serious difficulty hearing, serious difficulty seeing, and significant psychiatric disorders.

– More Federal agencies are meeting the 2% goal for the participation rate of individuals with targeted disabilities, with 12 out of 28 independent agencies, 11 out of 17 cabinet departments, and 34 out of 98 subcomponents of cabinet departments meeting the 2% goal. Only three years prior, in FY 2016, only 10 independent agencies and subcomponents reached that goal.

Processing of Employment Discrimination Complaints

– There were 36,348 counselings completed during FY 2019, with an alternative dispute resolution (ADR) offer rate of 87.06%, an ADR acceptance rate of 54.10%, and an ADR resolution rate of 66.50%.

– 90% of completed counselings resulted in a formal complaint filing.

– Of the 15,070 formal complaints filed in FY 2019, the basis most frequently alleged was reprisal/retaliation (7,487), followed by age (4,382) and physical disability (4,252).

– EEOC investigators spent, on average, 227 days to complete investigations during FY 2019, up 20% from the previous year. The average cost of an investigation was $4,288.

– Overall, the number of completed investigations has decreased since last year, down from 12,248 completed investigations in 2018 to 12,077 completed investigations in 2019. The highest number of completed investigations over the last five fiscal years were in 2018.

– The average monetary pre-complaint settlement was $4,023 per settlement, with a total governmentwide settlement pay-out of roughly $3.1 million, down from $3.6 million in FY 2018.

– The total number of findings of discrimination, including AJ decisions and final agency decisions, have increased from 139 in FY 2018 to 175 in FY 2019.

– In FY 2019, the monetary benefits obtained through settlements and awarded for findings of discrimination at the complaint stage, including AJ decisions and final agency decisions, amounted to over $53 million, a 1.7% increase since FY 2018.

Overall, Federal agencies have demonstrated commitment to equal employment opportunity. In preparing this report, the EEOC observed high levels of compliance with Management Directive 715 (MD-715) requirements; subtle but consistently higher racial, ethnic, gender, and disability status diversity; and an increase in discrimination complaints. Furthermore, the monetary benefits paid out for complaint-stage settlements and findings of discrimination declined. More work is needed to promote diversity at the upper levels.

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2022 Federal Employees Handbook