The U.S. Equal Employment Opportunity Commission

Department of Commerce (DOC)

Permanent Workforce: 40,122 Temporary Workforce: 2,539 Total Workforce: 42,661

Workforce 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 Workforce 40,122 54.37% 45.63% 3.87% 68.80% 16.42% 9.98% 0.09% 0.65% 0.18% 0.80%
Major Occupations:
Patent Examining 6,551 72.92% 27.08% 3.04% 47.60% 14.78% 34.18% 0.00% 0.41% 0.00% 0.52%
Meteorology 2,597 87.83% 12.17% 2.16% 93.15% 2.08% 2.31% 0.00% 0.31% 0.00% 0.35%
Statistics 1,487 46.00% 54.00% 5.72% 66.44% 22.13% 5.18% 0.07% 0.27% 0.20% 0.67%
GS-14 and GS-15* 10,187 68.17% 31.83% 2.79% 73.09% 9.83% 13.89% 0.02% 0.38% 0.00% 0.36%
Senior Pay Level* 546 73.08% 26.92% 2.38% 85.90% 6.78% 4.76% 0.00% 0.18% 0.00% 0.92%
SES 358 70.95% 29.05% 3.07% 86.03% 7.54% 3.07% 0.00% 0.28% 0.00% 0.56%
First-Level Officials/ Managers 465 38.49% 61.51% 7.74% 60.43% 29.68% 1.72% 0.00% 0.43% 0.00% 0.43%
Mid-Level Officials/ Managers 1,551 64.35% 35.65% 4.13% 78.27% 12.70% 4.38% 0.06% 0.45% 0.00% 0.52%
Senior-Level Officials/ Managers 2,226 72.06% 27.94% 2.61% 78.48% 8.67% 9.57% 0.00% 0.67% 0.00% 0.45%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2008, DOC employed 337 (0.79%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 854 IWTD were needed. This represented an increase of 14 employees over FY 2007 and an increase of 18 employees since FY 2004. The participation rate for FY 2007 was 0.78% and for FY 2004 was 0.84%. 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 72.4% of the 304 pre-complaint counselings (without remands) completed in FY 2008.

II. Bases of Complaints Filed

The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Age; and (3) Race (Black/African American). Of the 167 complaints filed at DOC, 54 contained allegations of race (Black/African American) discrimination, 14 contained allegations of race (White) discrimination, 5 contained allegations of race (Asian) discrimination, 1 contained an allegation of race (American Indian/Alaska Native) discrimination, 23 contained allegations of color discrimination and 55 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 155 completed investigations, 94.2% were timely. DOC's average time for completing an investigation was 178 days.

DOC's average processing time for all complaint closures increased from 304 days in FY 2007 to 310 days in FY 2008. The government-wide average was 336 days.

IV. Costs

DOC agreed to pay $14,400 for 10 pre-complaint settlements, of which 1 were monetary settlements averaging $14,400. DOC expended a total of $713,119 for 155 complaint investigations, for an average expenditure of $4,600.

DOC agreed to pay a total of $862,968 plus other benefits for 68 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. For the 40 complaint closures with monetary benefits, the average award was $215,742.

Outcome of Counselings Completed in FY 2008
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 290 14 304
Settlements 6 2.1% 4 13.3% 10 3.3%
Withdrawals or No Complaints Filed 106 36.6% 10 33.3% 116 38.2%
Complaints Filed* 167 54.9%
Decision to File Complaint Pending at End of Fiscal Year 11 3.6%

*Includes only complaints filed in FY 2008 where counseling was also completed during FY 2008.

Agency Use of ADR for EEO Dispute Resolution in FY 2008
Counseling Complaint
Completed/Ended Counselings/Complaint Closures 304 223
Total Number Offered ADR 131 73
ADR Offer Rate* 43.1% 32.7%
ADR Participation Rate* 9.9% 3.1%
Total ADR Settlements 4 3
Total ADR Settlements Amount $14,400.00 $9,500.00

* EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006.

Timeliness in FY 2008
Total # # Timely % Timely FY 2007 APD* FY 2008 APD % Change
All Pre-Complaint Counselings (minus remands) 304 220 72.4%
All Investigations 155 146 94.2% 187 178 -4.8%
All Complaint Closures 223 304 310 2%
Merit Decisions (no AJ) 84 48 57.1% 370 354 -4.3%
Dismissal Decisions (no AJ) 37 68 78 14.7%

*APD = Average Processing Days

Outcomes of Complaints in FY 2008
Complaint
Closures
Final Agency
Decision (no AJ
Decision)
Final Order (AJ
Decision Fully
Implemented)
Final Order (AJ
Decision Not Fully
Implemented)
# % # % # % # %
Total Complaints Filed 167
Total Closures 223
Settlements 68 30.5%
Withdrawals 12 5.4%
Total Final Agency Actions 143 64.1% 121 84.6% 22 15.4% 0 0%
Dismissals 37 25.9% 37 100% 0 0% 0 0%
Merit Decisions 106 74.1% 84 79.2% 22 20.8% 0 0%
Finding Discrimination 0 NA% 0 NA% 0 NA% 0 NA%
Finding No Discrimination 106 100% 84 79.2% 22 20.8% 0 0%

This page was last modified on September 15, 2009.

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