The U.S. Equal Employment Opportunity Commission

Department of Commerce (DOC)

Permanent Work Force:  39,139 Temporary Work Force:  1,405 Total Work Force: 40,544

Work Force Composition*

Total # Men Women Hispanic or Latino White Black or African American Asian Native Hawaiian/ Other Pacific Islander American Indian/ Alaska Native Two or More Races Individuals with Targeted Disabilities
Permanent Work Force

39,139

53.24%

46.76%

3.95%

69.95%

16.47%

8.87%

0.08%

0.61%

0.03%

0.83%

Major Occupations:
Miscellaneous Clerk and Assistant

7,577

27.70%

72.30%

7.76%

74.00%

14.81%

2.02%

0.15%

1.21%

0.05%

1.10%

Patent Examining

5,239

72.13%

27.87%

3.78%

47.17%

13.86%

34.95%

0.00%

0.25%

0.00%

0.46%

Information Technology Management

2,905

64.82%

35.18%

3.03%

66.64%

16.73%

13.05%

0.03%

0.48%

0.03%

1.03%

GS-14 and GS-15*

9,018

69.97%

30.03%

2.82%

74.33%

9.45%

13.04%

0.01%

0.35%

0.00%

0.39%

Senior Pay Level*

511

73.19%

26.81%

2.15%

86.89%

6.65%

4.11%

0.00%

0.20%

0.00%

0.59%

SES

352

71.59%

28.41%

2.56%

86.93%

7.67%

2.56%

0.00%

0.28%

0.00%

0.28%

First-Level Officials/Managers

615

44.23%

55.77%

5.37%

62.28%

29.11%

2.76%

0.00%

0.49%

0.00%

0.49%

Mid-Level Officials/Managers

1,502

65.91%

34.09%

4.06%

80.43%

11.25%

3.79%

0.07%

0.40%

0.00%

0.27%

Senior-Level Officials/Managers

2,088

75.14%

24.86%

2.49%

81.08%

7.42%

8.38%

0.00%

0.62%

0.00%

0.48%

Unclassified Managers

40

87.50%

12.50%

5.00%

70.00%

22.50%

0.00%

2.50%

0.00%

0.00%

0.00%

*Includes data for only permanent employees in pay status as of September 30, 2006; does not include pay-banded employees.


Targeted Disabilities

DOC employed 334 Individuals with Targeted Disabilities in FY 2006, which was 0.82% of its total work force.  This represents a decrease of 24 employees from FY 2005 and an increase of 21 employees since FY 2002.  The participation rate for FY 2005 was 0.89% and for FY 2002 was 0.87%.  Over the 5-year period DOC had a net decrease of 0.05% in employees with targeted disabilities.

EEO Complaint Processing

I.  Counseling

DOC timely processed 67% of the 321 pre-complaint counselings (without remands) completed in FY 2006.

II.  Bases of Complaints Filed

The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Age; and (3) Race (Black).  The 173 complaints filed at DOC contained 52 allegations of race (Black) discrimination, 14 allegations of race (White) discrimination, 12 allegations of race (Asian) discrimination, 27 allegations of color discrimination and 53 allegations of disability discrimination.

III.  Complaint Processing Times

Of the 172 completed investigations, 54.7% were timely.  DOC's average time for completing an investigation was 244 days.  Of the agencies completing 25 or more investigations, the Office of Personnel Management had the lowest average of 105 days.

DOC's average processing time for all complaint closures decreased from 605 days in FY 2005 to 553 days in FY 2006.  The government-wide average was 367 days.

IV.  Costs

DOC agreed to pay $1,215 for 12 pre-complaint settlements, of which 1 were monetary settlements averaging $1,215.  DOC expended a total of $742,007 for 172 complaint investigations, for an average expenditure of $4,313.

DOC agreed to pay a total of $813,323 for 65 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions.  For complaint closures with benefits, the average award was $12,512.



Outcome of Counselings Completed in FY 2006

Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings:

288

33

321

Settlements

5

1.7%

7

21.2%

12

3.7%

Withdrawals or No Complaints Filed

124

43.1%

11

33.3%

135

42.1%

Complaints Filed*

162

50.5%

Decision to File Complaint Pending at End of Fiscal Year

12

3.7%

*Includes only complaints filed in FY 2006 where counseling was also completed during FY 2006.

Agency Use of ADR for EEO Dispute Resolution in FY 2006

Counseling Complaint**
Completed/Ended Counselings/Complaint Closures

321

292

Total Number Offered ADR

209

110

ADR Offer Rate*

65.1%

37.7%

ADR Participation Rate*

10.3%

3.8%

Total ADR Settlements

7

7

Total ADR Settlements Amount

$0.00

$231,000.00

*Using newly collected data, EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006.

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

Timeliness in FY 2006

Total # # Timely % Timely FY 2005 APD* FY 2006 APD % Change
All Pre-Complaint Counselings (minus remands)

321

215

67%

All Investigations

172

94

54.7%

434

244

-43.8%

All Complaint Closures

292

605

553

-8.6%

Merit Decisions (no AJ)

115

37

32.2%

962

791

-17.8%

Dismissal Decisions (no AJ)

49

127

79

-37.8%

*APD = Average Processing Days

Outcomes of Complaints in FY 2006

Complaint Closures Final Agency Decision (no AJ Decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
# % # % # % # %
Total Complaints Filed

173

Total Closures

292

Settlements

65

22.3%

Withdrawals

21

7.2%

Total Final Agency Actions

206

70.5%

164

79.6%

41

19.9%

1

0.5%

Dismissals

55

26.7%

49

89.1%

6

10.9%

0

0%

Merit Decisions

151

73.3%

115

76.2%

35

23.2%

1

0.7%

Finding Discrimination

1

0.7%

0

0%

0

0%

1

100%

Finding No Discrimination

150

99.3%

115

76.7%

35

23.3%

0

0%


This page was last modified on June 21, 2007.

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