The U.S. Equal Employment Opportunity Commission

U.S. Department of Commerce (COMMERCE)

Permanent Workforce: 34,510 Temporary Workforce: 3,357 Total Workforce: 37,867

Workforce Composition

Employee Pool Total # Men Women Hispanics Whites Blacks Asian Americans / Pacific Islanders American Indians / Alaskan Natives
Permanent Workforce 34,510 57.73% 42.27% 3.68% 79.16% 16.78% 7.72% 0.57%
Major Occupations                
Patent Examining 3,982 72.98% 27.02% 3.92% 48.37% 14.21% 33.2% 0.3%
Meteorology 2,576 89.52% 10.48% 1.98% 93.32% 2.17% 2.17% 0.35%
Statistician 1,370 46.79% 53.21% 5.33% 68.1% 21.68% 4.53% 0.36%
GS-14 and GS-15* 8,506 71.28% 28.72% 2.59% 77.06% 8.52% 11.47% 3.52%
Senior Pay Level* 547 75.69% 24.31% 1.65% 86.1% 7.68% 4.39% 0.18%
First-Level Officials/Managers 641 47.43% 52.57% 4.52% 65.68% 26.83% 2.5% 0.47%
Mid-Level Officials/Managers 1,508 67.37% 32.63% 3.78% 82.76% 9.81% 3.12% 0.53%
Senior Level Officials/Managers 1,972 75.56% 24.44% 1.98% 84.18% 6.69% 6.85% 0.3%

*Does not include pay-banded employees

Targeted Disabilities

Employees with targeted disabilities represented 0.99% of the total government workforce in FY 2004, and of agencies with a permanent workforce of 500 or more, the Equal Employment Opportunity Commission, at 2.23%, had the highest percentage of employees with targeted disabilities. At COMMERCE, employees with targeted disabilities represented 0.84% of the total workforce.

EEO Complaint Processing

  1. Counseling

    There were 280 instances of pre-complaint counseling (performed by EEO counselors and/or ADR intake officers). COMMERCE timely processed 78.21% of the total number of counselings. Following counseling, 151 formal complaints of discrimination were filed.

  2. Alternative Dispute Resolution

    Of COMMERCE's 280 instances of counseling, ADR was offered 68.6% of the time; the parties elected to participate in 19.3% of the completed counselings; and 37% of the ADR closures were resolved through settlements or withdrawals.

    At the formal complaint phase, COMMERCE offered ADR 8.5% of the time; the parties elected to participate in 2% of the complaint workload; and 47.1% of the ADR closures were resolved through settlement/ withdrawals.

  3. Processing Times

    COMMERCE completed 14% of its investigations within the regulatory time frames, with an average processing time of 539 days for all investigations. In most instances, the regulations require completion of investigations within 180 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority was the only agency to complete 100% of their investigations within the regulatory time frames, with an average processing time of 117 days.

    COMMERCE's average processing time for all complaint closures decreased from 653 days in FY 2003 to 587 days in FY 2004. The government-wide average was 469 days.

  4. Pending Inventory

    COMMERCE had a total of 356 complaints pending at the end of FY 2004, with 3 pending acknowledgment for an average of 60 days; 161 pending investigation for an average of 348 days; and 62 pending the issuance of final decisions for an average of 654 days.

  5. Costs

    COMMERCE agreed to pay $38,519 for 16 counseling settlements with benefits, an average $2,407.44 per counseling settled.

    COMMERCE agreed to pay a total of $168,859 for 50 complaint closures through settlement agreement, final agency decision, and final agency orders fully implementing AJ decisions. For complaint closures with benefits, the average award (including back/front pay, compensatory damages, attorney's fees, and lump sum payments) was $3,377.

    COMMERCE expended a total of $530,285 for 105 complaint investigations, for an average expenditure of $5,050.


Outcome of Counselings Completed in FY 2004

Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Total Instances of Counseling: 226   54   280  
Settlements 6 2.65% 10 18.51% 16 5.71%
Withdrawal/no Complaint Filed 95 42% 10 18.5% 105 37.50%
Complaints Filed*         135 48.21%
Decision to File Complaint Pending at End of Fiscal Year         24 8.57%

*Includes only complaints filed in FY 2004 where counseling was also completed during FY 2004.

Agency Use of ADR for EEO Dispute Resolution

Counselings / Complaints ADR Offers ADR Participation
# # % # %
FY 2003 Pre-Complaint Counselings 209 139 67.00% 22 11.00%
FY 2004 Pre-Complaint Counselings 280 192 68.57% 54 19.29%
Percentage Change FY 2003 to FY 2004 33.97% 38.12%   145.45%  
FY 2003 Complaints* 803 24 3.00% 5 1.00%
FY 2004 Complaints* 635 54 8.50% 13 2.05%
Percentage Change FY 2003 to FY 2004 -20.92% 125.00%   160.00%  

*Includes all complaints filed in the fiscal year, including those where the counseling was completed in the prior fiscal year.

Timeliness

Total # # Timely % Timely FY 2003 APD* FY 2004 APD % Change
All Counselings (minus remands) 280 219 78.21%      
All Investigations 105 15 14.28% 542 539 -0.55%
Merit Decisions (no AJ) 84 19 22.62% 672 99 -85.26%
Dismissal Decisions 40     189 179 -5.29%

*APD = Average Processing Days

Outcomes of Complaints Closed in FY 2004

Complaint Outcomes Complaint Closures Final Agency Decision (no AJ decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
Total Closures (279) # % # % # % # %
Settlements 49 17.56%            
Withdrawals 53 18.99%            
Dismissals 40 14.33%            
Merit Decisions 137 49.10%            
Finding Discrimination 2 1.45% 0 0.00% 1 50.00% 1 50.00%
Finding No Discrimination 135 98.54% 84 62.22% 51 37.77% 0 0.00%


This page was last modified on May 3, 2005.

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