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U.S. Equal Employment Opportunity Commission



Department of Commerce (DOC)

Permanent Workforce: 41,023 Temporary Workforce: 8,391 Total Workforce: 49,414

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 41,023 54.34% 45.66% 3.91% 68.76% 16.14% 10.17% 0.10% 0.66% 0.25% 0.78%
Major Occupations:
PATENT EXAMINING 6,715 72.54% 27.46% 2.95% 48.18% 14.37% 34.01% 0.01% 0.45% 0.03% 0.52%
METEOROLOGY 2,624 87.08% 12.92% 2.25% 92.99% 1.98% 2.48% 0.00% 0.30% 0.00% 0.34%
STATISTICS 1,612 46.15% 53.85% 6.45% 67.25% 20.10% 5.40% 0.06% 0.25% 0.50% 0.81%
GS-14 and GS-15* 10,744 67.53% 32.47% 2.79% 72.49% 10.09% 14.20% 0.02% 0.39% 0.02% 0.34%
Senior Pay Level* 554 72.56% 27.44% 2.35% 83.39% 8.66% 5.23% 0.00% 0.18% 0.18% 1.08%
SES 366 70.49% 29.51% 3.28% 82.24% 9.84% 4.10% 0.00% 0.27% 0.27% 0.55%
First-Level Officials/ Mgrs 467 37.90% 62.10% 6.64% 63.17% 28.05% 1.71% 0.00% 0.43% 0.00% 0.43%
Mid-Level Officials/ Mgrs 1,574 62.52% 37.48% 3.81% 77.70% 13.47% 4.51% 0.06% 0.38% 0.06% 0.64%
Senior-Level Officials/ Mgrs 2,273 71.05% 28.95% 2.68% 77.96% 9.11% 9.55% 0.00% 0.66% 0.04% 0.35%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2009, DOC employed 385 (0.78%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 988 IWTD were needed. This represents an increase of 48 employees over FY 2008 and an increase of 27 employees since FY 2005. The participation rate for FY 2008 was 0.79% and for FY 2005 was 0.89%. Over the 5-year period DOC had a net decrease of 0.11% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

DOC timely processed 71.8% of the 1,027 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) Age; and (3) Race (Black/African American). Of the 447 complaints filed at DOC, 94 contained allegations of race (Black/African American) discrimination, 35 contained allegations of race (White) discrimination, 10 contained allegations of race (Asian) discrimination, 2 contained allegations of race (American Indian/Alaska Native) discrimination, 48 contained allegations of color discrimination and 89 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 174 completed investigations, 97.1% were timely. DOC's average time for completing an investigation was 186 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

DOC's average processing time for all complaint closures decreased from 310 days in FY 2008 to 250 days in FY 2009. The government-wide average was 344 days.

IV. Costs

DOC agreed to pay $67,642 for 37 pre-complaint settlements, of which 9 were monetary settlements averaging $7,516. DOC expended a total of $907,411 for 174 complaint investigations, for an average expenditure of $5,215.

DOC agreed to pay a total of $1,145,807 plus other benefits for 78 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 $14,690.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 980 47 1,027
Settlements 33 3.4% 4 8.5% 37 3.6%
Withdrawals or No Complaints Filed 502 51.2% 21 44.7% 523 50.9%
Complaints Filed* 443 43.1%
Decision to File Complaint Pending at End of Fiscal Year 24 2.3%

*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 1,027 249
Total Number Offered ADR 258 111
ADR Offer Rate* 25.1% 44.6%
ADR Participation Rate* 4.6% 2.8%
Total ADR Settlements 4 5
Total ADR Settlements Amount $0.00 $63,990.00

* 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) 1,027 737 71.8%
All Investigations 174 169 97.1% 178 186 4.5%
All Complaint Closures 249 310 250 -19.4%
Merit Decisions (no AJ) 47 21 44.7% 354 335 -5.4%
Dismissal Decisions (no AJ) 81 78 51 -34.6%

*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 447
Total Closures 249
Settlements 78 31.3%
Withdrawals 21 8.4%
Total Final Agency Actions 150 60.2% 128 85.3% 22 14.7% 0 0%
Dismissals 81 54% 81 100% 0 0% 0 0%
Merit Decisions 69 46% 47 68.1% 22 31.9% 0 0%
Finding Discrimination 0 NA% 0 NA% 0 NA% 0 NA%
Finding No Discrimination 69 100% 47 68.1% 22 31.9% 0 0%