EEOC Seal

U.S. Equal Employment Opportunity Commission



Department of Homeland Security (DHS)

Permanent Workforce: 169,486 Temporary Workforce: 16,580 Total Workforce: 186,066

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 169,486 67.79% 32.21% 19.38% 60.96% 14.02% 4.32% 0.23% 0.85% 0.23% 0.38%
Major Occupations:
COMPLIANCE INSPECT & SPT 51,241 57.73% 42.27% 15.03% 55.67% 22.56% 4.70% 0.46% 1.24% 0.35% 0.50%
CUSTOMS & BRDR PROTEC 21,185 81.27% 18.73% 25.55% 62.24% 5.87% 5.51% 0.16% 0.59% 0.07% 0.09%
BORDER PATROL AGT 19,796 95.04% 4.96% 50.91% 45.55% 1.57% 0.98% 0.05% 0.73% 0.21% 0.04%
GS-14 and GS-15* 13,310 66.40% 33.60% 8.61% 74.03% 12.73% 3.82% 0.05% 0.56% 0.19% 0.27%
Senior Pay Level* 548 72.99% 27.01% 5.47% 85.04% 6.20% 2.92% 0.00% 0.18% 0.18% 0.00%
SES 489 72.80% 27.20% 5.93% 84.25% 6.75% 2.66% 0.00% 0.20% 0.20% 0.00%
First-Level Officials/ Mgrs 6,046 80.23% 19.77% 33.74% 55.38% 6.90% 3.29% 0.07% 0.63% 0.00% 0.22%
Mid-Level Officials/ Mgrs 7,455 73.39% 26.61% 17.57% 69.68% 8.92% 3.17% 0.01% 0.58% 0.07% 0.13%
Senior-Level Officials/ Mgrs 3,326 70.02% 29.98% 7.22% 78.89% 10.82% 2.32% 0.03% 0.63% 0.09% 0.09%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2009, DHS employed 727 (0.39%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 3,721 IWTD were needed. This represents an increase of 35 employees over FY 2008 and an increase of 7 employees since FY 2005. The participation rate for FY 2008 was 0.39% and for FY 2005 was 0.44%. Over the 5-year period DHS had a net decrease of 0.05% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

DHS timely processed 68% of the 2,476 pre-complaint counselings (without remands) completed in FY 2009.

II. Bases of Complaints Filed

The bases of alleged discrimination most often raised were: (1) Reprisal; (2) National Origin (Hispanic); and (3) Age. Of the 1,457 complaints filed at DHS, 194 contained allegations of race (Black/African American) discrimination, 93 contained allegations of race (White) discrimination, 27 contained allegations of race (Asian) discrimination, 6 contained allegations of race (American Indian/Alaska Native) discrimination, 88 contained allegations of color discrimination and 231 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 861 completed investigations, 65.2% were timely. DHS' average time for completing an investigation was 217 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

DHS' average processing time for all complaint closures increased from 485 days in FY 2008 to 627 days in FY 2009. The government-wide average was 344 days.

IV. Costs

DHS agreed to pay $100,991 for 130 pre-complaint settlements, of which 18 were monetary settlements averaging $5,611. DHS expended a total of $3,697,662 for 861 complaint investigations, for an average expenditure of $4,295.

DHS agreed to pay a total of $2,863,210 plus other benefits for 228 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. For complaint closures with monetary benefits, the average award was $12,558.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 1,742 737 2,479
Settlements 37 2.1% 93 12.6% 130 5.2%
Withdrawals or No Complaints Filed 550 31.6% 281 38.1% 831 33.5%
Complaints Filed* 1,423 57.4%
Decision to File Complaint Pending at End of Fiscal Year 95 3.8%

*Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009.

Agency Use of ADR for EEO Dispute Resolution in FY 2009
Counseling Complaint
Completed/Ended Counselings/Complaint Closures 2,479 1,118
Total Number Offered ADR 1,383 285
ADR Offer Rate* 55.8% 25.5%
ADR Participation Rate* 29.7% 3.1%
Total ADR Settlements 93 22
Total ADR Settlements Amount $73,214.00 $0.00

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

Timeliness in FY 2009
Total # # Timely % Timely FY 2008 APD* FY 2009 APD % Change
All Pre-Complaint Counselings (minus remands) 2,476 1,684 68%
All Investigations 861 561 65.2% 215 217 0.9%
All Complaint Closures 1,118 485 627 29.3%
Merit Decisions (no AJ) 303 16 5.3% 968 847 -12.5%
Dismissal Decisions (no AJ) 204 220 241 9.5%

*APD = Average Processing Days

Outcomes of Complaints in FY 2009
Complaint Closures Final Agency Decision (no AJ Decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
# % # % # % # %
Total Complaints Filed 1,457
Total Closures 1,118
Settlements 218 19.5%
Withdrawals 84 7.5%
Total Final Agency Actions 816 73% 507 62.1% 296 36.3% 13 1.6%
Dismissals 247 30.3% 204 82.6% 43 17.4% 0 0%
Merit Decisions 569 69.7% 303 53.3% 253 44.5% 13 2.3%
Finding Discrimination 23 4% 1 4.3% 9 39.1% 13 56.5%
Finding No Discrimination 546 96% 302 55.3% 244 44.7% 0 0%