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U.S. Equal Employment Opportunity Commission



Smithsonian Institution (SI)

Permanent Workforce: 4,042 Temporary Workforce: 102 Total Workforce: 4,144

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 4,042 57.08% 42.92% 4.87% 50.94% 38.45% 3.07% 0.12% 2.15% 0.40% 0.94%
Major Occupations:
MUSEUM SPECIALIST & TECHNICIAN 267 49.44% 50.56% 3.75% 85.39% 6.37% 1.87% 0.00% 2.25% 0.37% 0.00%
MUSEUM CURATOR 127 45.67% 54.33% 1.57% 90.55% 5.51% 1.57% 0.00% 0.79% 0.00% 0.79%
EXHIBITS SPECIALIST 101 88.12% 11.88% 1.98% 77.23% 17.82% 2.97% 0.00% 0.00% 0.00% 1.98%
GS-14 and GS-15* 446 64.13% 35.87% 4.48% 80.04% 8.30% 5.16% 0.22% 1.57% 0.22% 0.67%
Senior Pay Level* 98 70.41% 29.59% 1.02% 90.82% 6.12% 0.00% 0.00% 2.04% 0.00% 0.00%
First-Level Officials/ Mgrs 199 66.33% 33.67% 6.03% 34.67% 55.78% 2.01% 0.00% 1.51% 0.00% 0.50%
Mid-Level Officials/ Mgrs 209 56.46% 43.54% 3.35% 77.03% 15.31% 2.87% 0.00% 1.44% 0.00% 0.96%
Senior-Level Officials/ Mgrs 161 61.49% 38.51% 1.24% 81.37% 11.18% 1.86% 0.62% 3.11% 0.62% 0.00%

*Does not include trust-fund employees.

Targeted Disabilities

As of September 30, 2009, SI employed 38 (0.92%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 83 IWTD were needed. This represents an increase of one employee over FY 2008 and a decrease of 3 employees since FY 2005. The participation rate for FY 2008 was 0.92% and for FY 2005 was 1.01%. Over the 5-year period SI had a net decrease of 0.09% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

SI timely processed 100% of the 25 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) Sex (Female). Of the 13 complaints filed at SI, 2 contained allegations of race (Black/African American) discrimination, 3 contained allegations of race (White) discrimination, 4 contained allegations of color discrimination and 3 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 4 completed investigations, 100% were timely. SI's average time for completing an investigation was 121 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

SI's average processing time for all complaint closures decreased from 283 days in FY 2008 to 100 days in FY 2009. The government-wide average was 344 days.

IV. Costs

SI reported paying no monetary benefits for the one pre complaint settlement it reached in FY 2009. SI expended a total of $8,400 for 4 complaint investigations, for an average expenditure of $2,100.

SI agreed to pay a total of $37,500 plus other benefits for 4 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 $9,375.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 11 14 25
Settlements 0 0% 1 7.1% 1 4%
Withdrawals or No Complaints Filed 1 9.1% 7 50% 8 32%
Complaints Filed* 12 48%
Decision to File Complaint Pending at End of Fiscal Year 4 16%

*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 25 14
Total Number Offered ADR 25 13
ADR Offer Rate* 100% 92.9%
ADR Participation Rate* 56% 28.6%
Total ADR Settlements 1 4
Total ADR Settlements Amount $0.00 $37,500.00

* 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) 25 25 100%
All Investigations 4 4 100% 137 121 -11.7%
All Complaint Closures 14 283 100 -64.7%
Merit Decisions (no AJ) 3 3 100% 206 100 -51.5%
Dismissal Decisions (no AJ) 5 25 20 -20%

*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 13
Total Closures 14
Settlements 4 28.6%
Withdrawals 0 0%
Total Final Agency Actions 10 71.4% 8 80% 2 20% 0 0%
Dismissals 5 50% 5 100% 0 0% 0 0%
Merit Decisions 5 50% 3 60% 2 40% 0 0%
Finding Discrimination 0 NA% 0 NA% 0 NA% 0 NA%
Finding No Discrimination 5 100% 3 60% 2 40% 0 0%