EEOC Seal

U.S. Equal Employment Opportunity Commission



Department of Health and Human Services (HHS)

Permanent Workforce: 57,062 Temporary Workforce: 22,365 Total Workforce: 79,427

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 57,062 35.19% 64.81% 3.31% 51.11% 19.89% 7.19% 0.06% 18.27% 0.17% 0.89%
Major Occupations:
MEDICAL OFFICER 6,075 65.42% 34.58% 3.34% 78.40% 4.99% 11.51% 0.08% 1.47% 0.21% 0.43%
NURSE 5,424 15.39% 84.61% 3.12% 68.51% 4.96% 3.08% 0.11% 20.17% 0.06% 0.41%
GEN HEALTH SCIENCE 4,987 42.01% 57.99% 3.21% 72.45% 8.76% 13.27% 0.04% 2.13% 0.14% 0.38%
GS-14 and GS-15* 13,340 46.30% 53.70% 2.93% 72.79% 12.58% 9.38% 0.04% 2.21% 0.07% 0.61%
Senior Pay Level* 734 61.85% 38.15% 1.36% 81.74% 9.13% 5.31% 0.00% 2.45% 0.00% 0.82%
SES 406 53.20% 46.80% 1.23% 79.06% 12.81% 2.46% 0.00% 4.43% 0.00% 0.99%
First-Level Officials/ Mgrs 1,057 28.48% 71.52% 1.61% 26.68% 10.12% 0.57% 0.09% 60.83% 0.09% 0.19%
Mid-Level Officials/ Mgrs 2,239 45.02% 54.98% 3.13% 64.18% 19.38% 5.18% 0.00% 8.04% 0.09% 0.67%
Senior-Level Officials/ Mgrs 3,114 51.80% 48.20% 2.15% 79.70% 10.66% 4.72% 0.03% 2.73% 0.00% 0.55%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2009, HHS employed 592 (0.75%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 1,589 IWTD were needed. This represents a decrease of 4 employees from FY 2008 and a decrease of 32 employees since FY 2005. The participation rate for FY 2008 was 0.79% and for FY 2005 was 0.97%. Over the 5-year period HHS had a net decrease of 0.22% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

HHS timely processed 81.8% of the 664 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 348 complaints filed at HHS, 112 contained allegations of race (Black/African American) discrimination, 20 contained allegations of race (White) discrimination, 18 contained allegations of race (Asian) discrimination, 25 contained allegations of race (American Indian/Alaska Native) discrimination, 50 contained allegations of color discrimination and 108 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 215 completed investigations, 79.5% were timely. HHS' average time for completing an investigation was 198 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

HHS' average processing time for all complaint closures increased from 297 days in FY 2008 to 316 days in FY 2009. The government-wide average was 344 days.

IV. Costs

HHS agreed to pay $35,240 for 29 pre-complaint settlements, of which 6 were monetary settlements averaging $5,873. HHS expended a total of $970,013 for 215 complaint investigations, for an average expenditure of $4,512.

HHS agreed to pay a total of $2,117,994 plus other benefits for 114 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 $18,579.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 483 181 664
Settlements 5 1% 24 13.3% 29 4.4%
Withdrawals or No Complaints Filed 212 43.9% 67 37% 279 42%
Complaints Filed* 338 50.9%
Decision to File Complaint Pending at End of Fiscal Year 18 2.7%

*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 664 310
Total Number Offered ADR 634 91
ADR Offer Rate* 95.5% 29.4%
ADR Participation Rate* 27.3% 9%
Total ADR Settlements 24 15
Total ADR Settlements Amount $30,488.24 $149,734.00

* 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) 664 543 81.8%
All Investigations 215 171 79.5% 204 198 -2.9%
All Complaint Closures 310 297 316 6.4%
Merit Decisions (no AJ) 89 38 42.7% 429 457 6.5%
Dismissal Decisions (no AJ) 55 117 75 -35.9%

*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 348
Total Closures 310
Settlements 112 36.1%
Withdrawals 33 10.7%
Total Final Agency Actions 165 53.2% 144 87.3% 21 12.7% 0 0%
Dismissals 55 33.3% 55 100% 0 0% 0 0%
Merit Decisions 110 66.7% 89 80.9% 21 19.1% 0 0%
Finding Discrimination 2 1.8% 2 100% 0 0% 0 0%
Finding No Discrimination 108 98.2% 87 80.6% 21 19.4% 0 0%