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U.S. Equal Employment Opportunity Commission



Department of Education (ED)

Permanent Workforce: 3,845 Temporary Workforce: 373 Total Workforce: 4,218

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 3,845 36.38% 63.62% 4.42% 52.98% 36.62% 4.71% 0.05% 0.68% 0.55% 1.40%
Major Occupations:










MANAGEMENT AND PROGRAM ANALYSIS 978 29.35% 70.65% 3.07% 52.25% 41.51% 2.35% 0.00% 0.51% 0.31% 1.74%
EDUCATION PROGRAM 371 29.38% 70.62% 5.93% 57.41% 31.27% 2.43% 0.27% 2.43% 0.27% 0.27%
GENERAL ATTORNEY 348 34.48% 65.52% 4.89% 67.53% 18.39% 7.76% 0.29% 0.29% 0.86% 1.15%
GS-14 and GS-15* 1,374 43.60% 56.40% 2.69% 68.92% 23.00% 4.29% 0.00% 0.80% 0.29% 1.24%
Senior Pay Level* 131 60.31% 39.69% 0.00% 81.68% 16.03% 2.29% 0.00% 0.00% 0.00% 0.00%
SES 79 59.49% 40.51% 0.00% 82.28% 16.46% 1.27% 0.00% 0.00% 0.00% 0.00%
Mid-Level Officials/ Mgrs 312 43.91% 56.09% 3.21% 62.82% 30.13% 3.21% 0.00% 0.64% 0.00% 0.64%
Senior-Level Officials/ Mgrs 527 49.53% 50.47% 2.09% 76.85% 17.84% 2.28% 0.00% 0.95% 0.00% 0.76%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2009, ED employed 55 (1.30%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 84 IWTD were needed. This represents a decrease of 4 employees from FY 2008 and a decrease of 8 employees since FY 2005. The participation rate for FY 2008 was 1.36% and for FY 2005 was 1.42%. Over the 5-year period ED had a net decrease of 0.12% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

ED timely processed 14.1% of the 64 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) Disability (Physical). Of the 41 complaints filed at ED, 12 contained allegations of race (Black/African American) discrimination, 3 contained allegations of race (White) discrimination, 5 contained allegations of color discrimination and 20 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 17 completed investigations, 23.5% were timely. ED's average time for completing an investigation was 324 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

ED's average processing time for all complaint closures decreased from 371 days in FY 2008 to 322 days in FY 2009. The government-wide average was 344 days.

IV. Costs

ED reported no counseling settlements in FY 2009. ED expended a total of $102,422 for 17 complaint investigations, for an average expenditure of $6,025.

ED agreed to pay a total of $57,500 plus other benefits for 5 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 $11,500.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 60
4
64
Settlements 0 0% 0 0% 0 0%
Withdrawals or No Complaints Filed 21 35% 1 25% 22 34.4%
Complaints Filed*



41 64.1%
Decision to File Complaint Pending at End of Fiscal Year



1 1.6%

*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 64 19
Total Number Offered ADR 23 18
ADR Offer Rate* 35.9% 94.7%
ADR Participation Rate* 6.3% 36.8%
Total ADR Settlements 0 1
Total ADR Settlements Amount $0.00 $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) 64 9 14.1%


All Investigations 17 4 23.5% 296 324 9.5%
All Complaint Closures 19

371 322 -13.2%
Merit Decisions (no AJ) 4 4 100% 433 594 37.2%
Dismissal Decisions (no AJ) 6

140 86 -38.6%

*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 41






Total Closures 19






Settlements 5 26.3%





Withdrawals 2 10.5%





Total Final Agency Actions 12 63.2% 10 83.3% 2 16.7% 0 0%
Dismissals 6 50% 6 100% 0 0% 0 0%
Merit Decisions 6 50% 4 66.7% 2 33.3% 0 0%
Finding Discrimination 0 NA% 0 NA% 0 NA% 0 NA%
Finding No Discrimination 6 100% 4 66.7% 2 33.3% 0 0%