1. 56% of Agencies Issued EEO Policy Statements on an Annual Basis
2. 79% of Agencies Post Reasonable Accommodation Procedures On the External Websites
1. 86% of EEO Directors Presented the State of the EEO Program to the Agency Head
1. 89% of Agencies Evaluate Managers and Supervisors on EEO
2. 87% of Agencies Report Having a Written Anti-Harassment Policy
1. Barrier Analysis
2. Composition of Federal Work Force
a. Total Work Force: Hispanics or Latinos, White Women and Persons of Two or More Races Remain Below Availability
b. Senior Pay Levels: A New Data Source
c. General Schedule Positions
d. Federal Wage System Positions
e. Other Pay Systems
3. Participation Rate of Individuals with Targeted Disabilities Increases Slightly
1. 8% of Agencies Collect Applicant Flow Data
1. 81% of Agencies and Subcomponents Timely Submitted MD-715 Reports
2. 87% of Agencies Post No FEAR Act Data
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) was established by theCivil Rights Act of 1964, Title VII, with the mission of eradicating discrimination in the workplace. In the federal sector, EEOC enforces Title VII, as amended, which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin; the Age Discrimination in Employment Act of 1967 (ADEA), as amended, which prohibits employment discrimination against individuals 40 years of age or older; the Equal Pay Act of 1963 (EPA), as amended which prohibits discrimination on the basis of gender in compensation for substantially similar work under similar conditions; the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, which prohibits employment discrimination against federal employees and applicants with disabilities and requires that reasonable accommodations be provided; and beginning November 21, 2009 the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination on the basis of genetic information.
EEOC is charged with monitoring federal agency compliance with equal employment opportunity (EEO) laws and procedures, and reviewing and assessing the effect of agencies' compliance with requirements to maintain continuing affirmative employment programs to promote equal employment opportunity and to identify and eliminate barriers to equality of employment opportunity.
Equal Employment Opportunity Management Directive 715 (MD-715), issued October 1, 2003, established standards for ensuring that agencies develop and maintain model EEO programs. These standards are used to measure and report on the status of the federal government's efforts to become a model employer. As detailed in MD-715, the six elements of a model EEO program are:
This report covers the period from October 1, 2010, through September 30, 2011 and contains selected measures of agencies' progress toward model EEO programs. Working within our mission as an oversight agency, EEOC strives to create a partnership with agencies.
The FY 2011 Annual Report on the Federal Work Force, submitted to the President and Congress, presents a summary of selected EEO program activities in the federal government, including work force profiles of 65 federal agencies.
To prepare this report, the Commission relied on the following data: 1) work force data, as of September 30, 2011, obtained from the U.S. Office of Personnel Management's (OPM) Central Personnel Data File (CPDF) supplemented with data provided by the Army & Air Force Exchange Service (AAFES), Federal Energy Regulatory Commission (FERC), the Foreign Service, National Indian Gaming Commission (NIGC), Tennessee Valley Authority (TVA) and the United States Postal Service (USPS); 2) data from the 2000 EEO Special Files, and 3) EEO program data submitted and certified as accurate by 189 of 190 federal agencies and subcomponents in their FY 2011 Federal Agency Annual Equal Employment Opportunity Program Status Reports (MD-715 reports).
Effective January 1, 2006, OPM required federal agencies to collect ethnicity and race information for accessions on the revised Ethnicity and Race Identification (Standard Form 181). Accordingly, the CPDF contains data on persons who are Native Hawaiian or Other Pacific Islander or who are of Two or More Races. Thus, for the fifth year, separate data on these groups is contained in this Report. Readers should bear in mind that in prior years, data on Asians included Native Hawaiian or Other Pacific Islander and there was no data reported on persons of Two or More Races. As a result, readers should exercise care when comparing current data to data from prior years.
Beginning in this year's report, the work force data is broken down by the following pay stems: 1) Senior Pay Level (computed using agencies' submitted and certified MD-715 Tables A & B-4 reporting); 2) General Schedule rather than General Schedule and Related; 3) Federal Wage Schedule and 4) Other Pay Systems. All data for General Schedule and Other Pay Systems was revised to reflect the change in pay system categories reported in an effort to maintain the ability to track trends.
Finally, the Commission would like to extend its thanks to: 1) OPM for providing the work force data from the CPDF; 2) AAFES, FERC, Foreign Service, National Indian Gaming Commission (NIGC), TVA, and USPS for providing their work force data; and 3) those agencies that timely submitted accurate and verifiable EEO program analysis data.
This year the Commission again provided agencies an opportunity to comment on the draft of this report. The Commission thanks those agencies that submitted comments and suggestions for assisting in the publishing of a more accurate report.
Federal agencies must be forward-thinking in positioning themselves as the nation's employer of choice. Reaching all segments of our diverse population only strengthens an agency's ability to achieve its mission. EEOC's Management Directive 715 sets forth policy guidance and standards for establishing and maintaining effective affirmative programs of equal employment opportunity under Section 717 of Title VII and effective affirmative action programs under Section 501 of the Rehabilitation Act.
MD-715 requires agency heads and other senior management officials to demonstrate a firm commitment to equality of opportunity for all employees and applicants for employment. Agencies must safeguard the principles of equal employment opportunity and ensure they become a part of everyday practices and a fundamental part of the agency's culture. All agency leaders must "own" their agencies' EEO program.
Section II(A) of MD-715 provides that "commitment to equal employment opportunity must be embraced by agency leadership and communicated through the ranks from the top down. It is the responsibility of each agency head to take such measures as may be necessary to incorporate the principles of EEO into the agency's organizational structure." In addition, this section establishes that "agency heads must issue a written policy statement expressing their commitment to EEO and a workplace free of discriminatory harassment. This statement should be issued at the beginning of their tenure and thereafter on an annual basis and disseminated to all employees." Issuing the statement on an annual basis provides an opportunity to highlight the accomplishments and strategies of most import for the coming year.
Figure 1 above shows the number of agencies that issued EEO policy statements on an annual basis. Of the 188 agencies and subcomponents that submitted an MD-715 report for FY 2011, 106 (56.38%) reported that they had issued an EEO policy statement annually and would continue to do so, a decrease from the 85.42% of 192 agencies and subcomponents that submitted in FY 2010. See Appendix III for a detailed list of agencies' status.
Section II(C) of EEOC's MD-715 provides that model EEO programs should "implement effective reasonable accommodation procedures that comply with applicable executive orders, EEOC guidance, the Architectural and Transportation Barriers Compliance Board's Uniform Federal Accessibility Standards and Electronic and Information Technology Accessibility Standards. Agencies should ensure that EEOC has reviewed those procedures when initially developed and if procedures are later significantly modified."
Part G of the MD-715 report, the Self-Assessment Checklist, provides agencies with a comprehensive listing of the kinds of agency documents and systems that should be in place in order to operate a model EEO program. These measures include "Have the procedures for reasonable accommodation for individuals with disabilities been made readily available/accessible to all employees by disseminating such procedures during orientation of new employees and by making such procedures available on the World Wide Web or Internet?" Of the 190 agency and sub-component websites visited, the reasonable accommodation policies of 150 agencies and sub-components were located.
Figure 2 below shows the number of agencies that posted reasonable accommodation procedures on their external websites for the last five years. As shown, in FY 2011, 27.12% more agencies posted their reasonable accommodation procedures on their external websites than did in FY 2007. See Appendix III for a detailed list of agencies' status.
In order to achieve its strategic mission, an agency must integrate equality of opportunity into attracting, hiring, developing, and retaining the most qualified work force. The success of an agency's EEO program ultimately depends upon decisions made by individual agency managers. Therefore, agency managers constitute an integral part of the agency's EEO program. The EEO office serves as a resource to these managers by providing direction, guidance, and monitoring of key activities to achieve a diverse workplace free of barriers to equal opportunity.
As part of integrating EEO into the strategic mission, Section II(B) of MD-715 instructs agencies to ensure that: (1) the EEO Director has access to the agency head; (2) the EEO office coordinates with Human Resources; (3) sufficient resources are allocated to the EEO program; (4) the EEO office retains a competent staff; (5) all managers receive effective managerial, communications and interpersonal skills training; (6) all managers and employees are involved in implementing the EEO program; and (7) all employees are informed of the EEO program. One aspect of this model element is highlighted below.
In addition to improving the status and independence of EEO, Section II(B) of MD-715 requires that agencies ". . . provide the EEO Director with regular access to the agency head and other senior management officials for reporting on the effectiveness, efficiency, and legal compliance . . ." of the agency's EEO program. Following each yearly submission of the MD-715 report to EEOC, EEO Directors should present the state of the EEO program to the agency head. See Section I of EEOC's Instructions for MD-715.
Of the 188 agencies and subcomponents that submitted a MD-715 report for FY 2011, 161 (85.63%) indicated that the EEO Director had conducted the briefing, down slightly from the 169 (88.02%) of 192 in FY 2010. Figure 3 below shows the percentage of Agency Heads that were briefed on the state of EEO over the last five years. See Appendix III for a detailed list of agencies' status.
EEO Program Tip
Special Emphasis Programs (SEP) are an essential component of an EEO program and are designed to ensure equal employment opportunities are afforded to individuals within the workforce. A well-implemented SEP seeks to improve employment and advancement opportunities for SEP groups in the federal service by educating federal employees and managers about the extent of various forms of discrimination within the federal service. The primary role of the SEP manager (SEPM) is to identify barriers to the hiring, development and advancement of SEP groups for the Affirmative Employment Program. SEPMs should develop and implement special program initiatives that will enhance the employment and advancement of their particular group and identify ways to ensure equal consideration for promotions, training, and awards and monitor separation and disciplinary actions to ensure they are given in a nondiscriminatory manner. SEPMs should be able to relate to the agency's larger organizational mission, and focus the SEP on "employment related" activities such as recruitment and hiring within major occupations, career development opportunities and succession planning. The SEP manager should work in partnership with its targeted group and the agency's affirmative employment preparer.
A model EEO program will hold managers, supervisors, EEO officials, and personnel officers accountable for the effective implementation and management of the agency's program. As part of management and program accountability, MD-715 provides that agencies should ensure that: (1) regular internal audits are conducted of the EEO program; (2) EEO procedures are established; (3) managers and supervisors are evaluated on EEO; (4) personnel policies are clear and consistently implemented; (5) a comprehensive anti-harassment policy has been issued; (6) an effective reasonable accommodation policy has been issued; and (7) findings of discrimination are reviewed. This year, we highlight the following two requirements.
Section II(C) of MD-715 provides that a model EEO program must "evaluate managers and supervisors on efforts to ensure equality of opportunity for all employees." The success of an agency's EEO program ultimately depends on individual decisions made by its managers and supervisors. MD-715 makes it clear that all managers and supervisors share responsibility for the successful implementation of EEO programs. The EEO office serves as a resource for the managers and supervisors by providing direction, guidance and monitoring of key activities to achieve a diverse workplace free of barriers to equal opportunity. In evaluating managers and supervisors on these efforts, it is essential that such an evaluation include an assessment of how the manager contributes to the agency's EEO program.
EEO Program Tip
MD-715 is an agency-wide affirmative employment program managed through the EEO office. The EEO office's responsibility is to communicate how the vision and goal of the EEO program directly relates to the larger agency mission. Assuring communication does take place may prove challenging for EEO professionals because misconceptions and/or ambiguities about management duties and responsibilities may occasionally complicate the process; especially when discussing topics such as barrier identification and elimination. While developing a strategy to communicate EEO goals, the EEO professional should strive to construct a message that the non-EEO manager can easily understand.
There are many factors to consider when developing an effective communication strategy. These are a few steps to consider:
In FY 2011, 168 (89.36%) of the 188 agencies and subcomponents that submitted MD-715 reports indicated that its managers and supervisors were rated on their commitment to EEO, down from the 174 (90.6%) of the 192 agencies that submitted MD-715 reports in FY 2010. See Appendix III for a detailed list of agencies' status.
Sections II(A) and (C) of EEOC's MD-715 provide that model EEO programs should "issue a written policy statement expressing their commitment to . . . a workplace free of discriminatory harassment" and "establish procedures to prevent . . . harassment." In order to ensure that the agency's anti-harassment policy is enforced, Section II(C) requires agencies to establish procedures to prevent harassment and to take immediate corrective action if harassment is found. These procedures are separate from and in addition to the EEO complaint process.
EEOC's Enforcement Guidance on Harassment makes clear that agencies can be held liable for harassment based on race, color, sex, religion, national origin, age (40 and over), disability, or protected activity (opposition to discrimination or participation in proceedings covered by the anti-discrimination statutes) and is not limited to harassment that is of a sexual nature. Accordingly, the policy guidance emphasizes that agencies should establish written anti-harassment policies and complaint procedures covering unlawful harassment on all bases.
In FY 2011, 164 (87.23%) of the 188 agencies and subcomponents that submitted MD-715 reports reported they had a written anti-harassment policy, down from the 171 (89.06%) of the 192 agencies and subcomponents that submitted an MD-715 report in FY 2010. See Appendix III for a detailed list of agencies' status.
EEO Program Tip
It is critical that agencies establish an anti-harassment policy and procedure to protect themselves from liability for all forms of unlawful harassment. See Burlington Industries v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998). An effective policy should cover sexual and nonsexual harassment on every protected basis and clearly communicate established procedures to employees. At a minimum, an anti-harassment policy should include the following elements:
The anti-harassment process and EEO process have two separate goals and should therefore be separate. The anti-harassment process is to prevent harassing conduct before it can become "severe or pervasive." The intent of an agency's anti-harassment program is to take immediate and appropriate corrective action, including the use of disciplinary actions, to eliminate harassing conduct regardless of whether the conduct violated the law. Whereas the EEO process is available to make individuals whole for discrimination that has already occurred and to prevent the recurrence of unlawful discriminatory conduct through damage awards and equitable relief,
As a final consideration, EEO officials should not act as the decision-maker for the EEO process and the anti-harassment program. The decision-maker in the EEO process must decide whether a violation of law occurred, while management implements the anti-harassment policy and takes corrective actions for matters that may not constitute legal harassment. More information about effective anti-harassment programs is available on our website at http://www.eeoc.gov/federal/model_eeo_programs.cfm.
Part 1614 of EEOC's regulations provides that each agency shall "establish a system for periodically evaluating the effectiveness of the agency's overall equal employment opportunity effort." See 29 C.F.R. §1614.102(a)(11). In particular, "each agency shall maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices and policies." See 29 C.F.R. §1614.102(a).
Pursuant to Section II(D) of MD-715, a model EEO program "must conduct a self-assessment on at least an annual basis to monitor progress and identify areas where barriers may operate to exclude certain groups." Part A(II) of MD-715 provides that "where an agency's self-assessment indicates that a racial, national origin, or gender group may have been denied equal access to employment opportunities, the agency must take steps to identify and eliminate the potential barrier." Similarly, Part B(IV) of MD-715 sets forth the same requirement to identify and eliminate barriers to individuals with disabilities.
EEOC defines barriers as policies, procedures, practices, or conditions that limit or tend to limit employment opportunities for members of a particular race, ethnic or religious background, gender, or for individuals with disabilities. While some barriers are readily discernable, most are embedded in the agency's day-to-day employment policies, practices and programs, including: recruitment; hiring; career development; competitive and noncompetitive promotions; training; awards and incentive programs; disciplinary actions; and separations.
This year's report provides statistics on the composition of the Total Work Force as well as statistics on employees in four pay structures:
Senior Pay Level pay structures created by the Civil Service Reform Act of 1978, established the Senior Executive Service (SES) as a separate personnel system covering a majority of the top managerial, supervisory, and policy-making positions in the Executive Branch of government.
The General Schedule pay system created by the Classification Act of 1949, created a centralized job evaluation for all White-Collar positions and merged several separate schedules into one.
The Federal Wage System established by Public Law 92-392 in 1972 standardized pay rates for Blue-Collar federal employees.
Today, many alternative pay plans are being used and proposed across the federal government. In this report, they are identified as "Other Pay Systems." These systems include pay-banding systems, the Market-Based Pay system of the Army and Air Force Exchange Service, and include such agencies as the United States Postal Service and the Tennessee Valley Authority. Table 1 below shows the representation rates for each of these pay structures.
|# in Work Force||% of Total Work Force|
|Total Work Force||2,843,417|
|Senior Pay Level||17,269||0.61|
|General Schedule and Related||1,460,434||51.36|
|Federal Wage System||205,828||7.24|
|Other Pay Systems||1,159,886||40.79|
In FY 2011, the Federal Government had a Total Work Force of 2,843,417 employees, compared to 2,459,505 in FY 2002. Table 2 shows the participation rate of the identified groups below, as compared to the civilian labor force (CLF). Table A-1 in Appendix IV, located at http://www.eeoc.gov/, provides ten-year trend data.
|Work Force||Participation Rate||2000 CLF|
|FY 2011||FY 2002 %||FY 2011 %|
|Hispanic or Latino Men||
|Hispanic or Latino Women||
|Black or African American Men||
|Black or African American Women||
|Native Hawaiian or Other Pacific Islander Men||
|Native Hawaiian or Other Pacific Islander Women||
|American Indian or Alaska Native Men||
|American Indian or Alaska Native Women||
|Two or More Race Men||
|Two or More Race Women||
|Individuals with Targeted Disabilities||
|CLF NOT AVAILABLE|
*Asians, Native Hawaiian and Other Pacific Islander data included in Asian data. **Data not available.
A comparison of the data on the participation rates of persons in particular agency components or specific major occupations can serve as a diagnostic tool to help identify possible areas where barriers to equal opportunity may exist within an agency.
Beginning with this year's report the Senior Pay Level (SPL) data was primarily derived from agencies' submitted and certified MD-715 report Tables A & B-4 supplemented with SES data from OPM's CPDF. The change in data source requires caution when making comparisons with past years of data. With a total of 17,269 employees, the Senior Pay Level (SPL) positions comprise 0.61% of the total work force. SPL positions include the SES, Executive Schedule, Senior Foreign Service, and other employees earning salaries above grade 15, step 10 of the General Schedule. Table 3 below reflects the SPL representation. Table A-2 and Table A-2a of Appendix IV at http://www.eeoc.gov/ contains additional data.
|Senior Pay Level (SPL) Positions|
|FY 2002||FY 2011|
|# in SPL||% of SPL||% of TWF||# in SPL||% of SPL||% of TWF|
|Total SPL Work Force (#)||17,943||2,459,505||17,269||2,843,417|
|Hispanic or Latino||597||3.33||7.10||663||3.84||7.95|
|Hispanic or Latino Men||436||2.43||4.33||460||2.66||4.71|
|Hispanic or Latino Women||161||0.90||2.77||203||1.18||3.23|
|Black or African American||1,214||6.77||18.63||1,402||8.12||17.97|
|Black or African American Men||755||4.21||8.07||754||4.37||7.71|
|Black or African American Women||459||2.56||10.56||648||3.75||10.26|
|Native Hawaiian or Other Pacific Islander||**||**||**||34||0.20||0.38|
|Native Hawaiian or Other Pacific Islander Men||**||**||**||25||0.14||0.22|
|Native Hawaiian or Other Pacific Islander Women||**||**||**||9||0.05||0.17|
|American Indians or Alaska Native||141||0.79||1.50||141||0.82||1.56|
|American Indians or Alaska Native Men||100||0.56||0.72||89||0.52||0.69|
|American Indians or Alaska Native Women||41||0.23||0.79||52||0.30||0.87|
|Two or More Races||**||**||**||84||0.49||0.98|
|Two or More Races Men||**||**||**||54||0.31||0.52|
|Two or More Races Women||**||**||**||30||0.17||0.46|
|Individuals with Targeted Disabilities||62||0.35||1.07||110||0.64||0.90|
*Includes both Asian and Pacific Islander employees. ** Data not available.
|FY 2002||FY 2011|
|Number||% of GS||Number||% of GS|
|Total GS Work Force||1,284,046||1,460,434|
|Hispanic or Latino||90,654||7.06||114,118||7.81|
|Hispanic or Latino Men||46,611||3.63||61,198||4.19|
|Hispanic or Latino Women||44,043||3.43||52,920||3.62|
|Black or African American||233,311||18.17||269,916||18.48|
|Black or African American Men||70,879||5.52||93,397||6.22|
|Black or African American Women||162,432||12.65||176,519||11.69|
|Native Hawaiian or Other Pacific Islander||**||**||5,062||0.31|
|Native Hawaiian or Other Pacific Islander Men||**||**||2,571||0.16|
|Native Hawaiian or Other Pacific Islander Women||**||**||2,491||0.16|
|American Indian or Alaska Native||27,735||2.16||26,944||1.85|
|American Indian or Alaska Native Men||10,529||0.82||9,823||0.70|
|American Indian or Alaska Native Women||17,206||1.34||17,121||1.15|
|Two or More Races||**||**||15,960||0.91|
|Two or More Races Men||**||**||8,049||0.47|
|Two or More Races Women||**||**||7,911||0.44|
|Individuals with Targeted Disabilities||15,023||1.17||15,466||0.99|
*Includes both Asian and Pacific Islander employees. ** Data not available.
|Federal Wage System (FWS) Positions|
|FY 2002||FY 2011|
|Number||% of FWS||Number||% of FWS|
|Total FWS Work Force||202,471||205,828|
|Hispanic or Latino||15,530||7.67||15,299||7.43|
|Hispanic or Latino Men||14,051||6.94||13,785||6.70|
|Hispanic or Latino Women||1,478||0.73||1,514||0.74|
|Black or African American||37,417||18.48||36,928||17.94|
|Black or African American Men||30,411||15.02||30,566||14.85|
|Black or African American Women||7,005||3.46||6,362||3.09|
|Native Hawaiian or Other Pacific Islander||**||**||1,787||0.87|
|Native Hawaiian or Other Pacific Islander Men||**||**||1,615||0.78|
|Native Hawaiian or Other Pacific Islander Women||**||**||172||0.08|
|American Indian or Alaska Native||5,548||2.74||5,507||2.68|
|American Indian or Alaska Native Men||4,967||2.32||4,451||2.16|
|American Indian or Alaska Native Women||871||0.43||1,056||0.51|
|Two or More Races||**||**||1,771||0.86|
|Two or More Races Men||**||**||1,527||0.74|
|Two or More Races Women||**||**||244||0.12|
|Individuals with Targeted Disabilities||2,713||1.34||2,181||1.06|
*Includes both Asian and Pacific Islander employees. ** Data not available.
|Other Pay Systems (OPS) Positions|
|FY 2002||FY 2011|
|Number||% of OPS||Number||% of OPS|
|Total OPS Work Force||993,604||1,159,886|
|Hispanic or Latino||73,815||7.43||95,903||8.27|
|Hispanic or Latino Men||47,436||4.77||58,579||5.05|
|Hispanic or Latino Women||26,379||2.66||37,324||3.22|
|Black or African American||197,184||19.85||202,798||17.48|
|Black or African American Men||100,315||10.10||94,568||8.15|
|Black or African American Women||96,868||9.75||108,230||9.33|
|Native Hawaiian or Other Pacific Islander||**||**||3,968||0.34|
|Native Hawaiian or Other Pacific Islander Men||**||**||1,933||0.17|
|Native Hawaiian or Other Pacific Islander Women||**||**||2,035||0.18|
|American Indian or Alaska Native||10,160||1.02||11,800||1.02|
|American Indian or Alaska Native Men||4,820||0.49||5,398||0.47|
|American Indian or Alaska Native Women||5,340||0.54||6,402||0.55|
|Two or More Races||**||**||11,699||1.01|
|Two or More Races Men||**||**||5,254||0.45|
|Two or More Races Women||**||**||4,918||0.42|
|Individuals with Targeted Disabilities||8,824||0.89||7,728||0.67|
*Includes both Asian and Pacific Islander employees. ** Data not available.
|Agency||Total Work Force||Individuals with Targeted Disabilities|
|Equal Employment Opportunity Commission||2,479||65||2.62|
|Army & Air Force Exchange Service||35,382||793||2.24|
|Social Security Administration||67,136||1,317||1.96|
|Defense Finance and Accounting Service||12,244||238||1.94|
|Department of the Treasury||106,403||1,865||1.75|
Seven agencies with fewer than 500 employees exceeded the 2% federal goal. They were the Architectural & Transportation Barrier Compliance Board (ACCESS Board), Committee for Purchase From People Blind or Severely Disabled, Farm Credit Administration, National Council on Disability, Office of Navajo & Hopi Indian Relocation, Occupational Safety and Health Review Commission, and Trade and Development Agency.
Table 8 below shows that the Department of the Treasury continued to maintain the highest participation rate (1.75%) for Individuals with Targeted Disabilities among the cabinet level agencies.
Table 8a below shows that the Army and Air Force Exchange Service continued to maintain the highest participation rate (2.24%) for Individuals with Targeted Disabilities among the Department of Defense components.
|Agencies||Fiscal Year (FY)|
|2. Veterans Affairs*
|5. Housing & Urban Development
|8. Health & Human Services*
|13. Homeland Security*||#||--||756||740||720||709||674||692||727||744||775|
|Total Work Force*||#||26,230||25,551||25,917||25,142||24,442||23,993||24,427||24,663||25,217||25,485|
* This agency showed an increase in the number and/or participation rate of IWTD in FY 2011. - The Department of Homeland Security was created in March 2003.
|Agencies||Fiscal Year (FY)|
|1. Army & Air Force Exchange Service
|2.Defense Finance & Accounting Service
|3.Defense Logistics Agency
|4. Defense Commissary Agency*
|5. Defense Contract Management Agency
|6. Defense TRICARE Management Activity*
|7. Office of the Inspector General
|8. Defense Contract Audit Agency*
|9. Defense Information Systems Agency
10. Defense Threat Reduction Agency
11. Department of the Navy
12. Department of the Army
13. Defense Human Resource Activity
14. Defense Missile Defense Agency*
15. Department of the Air Force
16. Office of the Sec./Wash. Hqtrs. Services
17. Defense Media Activity
18. Defense Security Service
19. Defense Education Activity
* These Defense Sub-Components showed an increase in the number and participation rate of IWTD in FY 2011. - No data available.
A model EEO program must have adequate and accurate information collection systems, which are integrated into the agency's information management infrastructure, and provide the ability to conduct a wide array of periodic examinations of the agency's Title VII of the Civil Rights Act and Section 501 of the Rehabilitation Act workforce profile(s). Such systems should collect data, used to monitor and evaluate its EEO programs. The data collection system should allow the agency to identify and evaluate information related to management actions affecting employment status. The system should be capable of tracking applicant flow data for each selection made by the agency identified by race, national origin, sex, and, where known, disability, as well as the disposition of each application. 29 C.F.R. §1607.4.
The system should be capable of monitoring employment trends through review of personnel transactions and other historical data, tracking recruitment efforts to permit data analyses of these efforts, and allow for the integration of comprehensive management, personnel, and budget planning with Title VII and Rehabilitation Act program planning.
EEOC's regulations provide that each agency shall establish a system to collect and maintain accurate employment information on the race, national origin, sex and [disabilities] of its employees . . . [and] use the data . . . in studies and analyses which contribute affirmatively to achiev[e] the objectives of the equal employment opportunity program. 29 C.F.R. §114.601(a) and (e). Section II(E) of MD-715 establishes that a model EEO program must maintain a system that tracks applicant flow data, which identifies applicants by race, national origin, sex and disability status and the disposition of all applications.
The MD-715 report tables currently require agencies to report applicant flow data for new hires and internal competitive promotions in major occupations, for internal selections to Senior Level positions and for participation in career development.
In FY 2011, 15 (8.33%) of the 180 agencies and subcomponents that submitted MD-715 data, reported collecting comprehensive applicant flow data, down from 42 (22%) of the 192 agencies and subcomponents, that submitted MD-715 data, reporting comprehensive applicant flow data in FY 2010. Figure 7 below shows the percentage of agencies that collected comprehensive applicant data on an annual basis. See Appendix III for a detailed list of agencies' status.
The sixth MD-715 element, "Responsiveness and Legal Compliance," encompasses agencies' timely filing of required reports with EEOC and timely compliance with EEOC's issued orders.
EEOC regulation 29 C.F.R. § 1614.601(g) requires agencies to report to the EEOC employment by race, national origin, sex, and disability in such form and at such times as the Commission requires. In addition, EEOC regulation 29 C.F.R. § 1614.602(c) requires agencies to "submit annually for the review and approval of the Commission written national and regional EEO plans of action."
MD-715 reports provide information on an agency's progress in achieving the model EEO program elements, identifying and eliminating barriers, and allow the EEOC to conduct a wide array of examinations of the agency's Title VII and Section 501 work force profiles. MD-715 applies to all Executive agencies and military departments (except uniformed members) as defined in Sections 102 and 105 of Title 5. U.S.C. (including those with employees and applicants for employment who are paid from non-appropriated funds), the United States Postal Service, the Postal Rate Commission, the Tennessee Valley Authority, the Smithsonian Institution, and those units of the judicial branch of the federal government having positions in the competitive service. These agencies and their Second Level Reporting Components are required to file an EEOC FORM 715-01 on or before January 31st of each year.
In FY 2011, 81.38% or 153 of the 188 agencies and sub-components that submitted a MD-715 report did so in a timely manner. EEOC granted extensions on a case by case basis in FY 2011. In FY 2010, 88.02% or 169 of the 192 agencies and subcomponents that submitted a MD-715 report did so by the February 4, 2011 deadline. Agencies that participated in EEOC's pilot project involving the electronic filing of MD-715 data received an extension until February 28, 2011. See Appendix III for a detailed list of agencies' status.
On May 15, 2002, Congress enacted the "Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002," which is commonly referred to as the No FEAR Act. One purpose of the Act is to "require that each Federal agency post quarterly on its public Web site, certain statistical data relating to Federal sector equal employment opportunity complaints filed with such agency[.]" Title III of Public Law 170-174 sets forth the required contents of the posting.
EEOC Regulations 29 C.F.R. §1614.701 to 705 implement Title III - setting forth basic requirements of agency postings, providing data set definitions for clarity, the manner and format with which the data should be posted, reiterating the required contents of the postings and setting forth the requirement for posting comparative data.
Of the 190 agencies and sub-components where we were able to find the agency posting on its web-site, 165 (86.84%) reported or were found to have the required postings of the No FEAR Act available on its public website, up from the 158 (81.44%) of the 194 agencies and sub-components in FY 2010. See Appendix III for a detailed list of agencies' status.
 All measures under EEOC's regulations and management directives are equally important, and the inclusion of particular measures in this Report does not indicate a higher degree of importance.
 The September 30, 2011 snapshot includes only employees in pay status on that date; thus, some permanent employees, like seasonal employees or those on active military tours of duty, are not included.
 Certain agencies do not provide total work force numbers for national security reasons. The 2000 EEO Special File does not control for citizenship.
 Each General Schedule (GS) grade has 10 steps. Within Grade increases or step increases are periodic increases in a GS employee's rate of basic pay from one step to the next higher step.
 In FY 2011, other related pay plans were no longer reclassified into the General Schedule and Related pay system and were calculated into the Other Pay Systems numbers.
 For more information, please review EEOC's Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors, Notice 915.002 (June 18, 1999) (Enforcement Guidance on Harassment).
 Because separate data is unavailable, the Asian American/Other Pacific Islander data prior to 2006 throughout this report includes the data for Asian with "Native Hawaiian and Other Pacific Islanders."
 These tables report breakouts of the employment data for specific components of certain large federal agencies, including the Departments of Agriculture, Commerce, Health and Human Services, Homeland Security, Interior, Justice, Labor, Transportation, Treasury and Veterans Affairs, as well as certain defense agencies, the National Aeronautics and Space Administration and the United States Postal Service.
 The source for the FY 2011 Senior Level Pay system changed and thus these comparisons require caution.
 The FY 2011 participation rate for Asian employees is combined with the participation rate of Native Hawaiian or Other Pacific Islander for comparison purposes. Separate data for each group was not available until FY 2006.
 There is a strong likelihood that an EEO group will be absent or have a low participation rate in the next higher grade level where the group has a lower than expected participation rate in the feeder grade/applicant pool. See Government Accountability Office Report No.GAO-03-34, Senior Executive Service: Agency Efforts Needed to Improve Diversity as the Senior Corps Turns Over (January 2003).
 Average grade was impacted by the conversion of NSPS employees back to the GS pay system and the reclassification of General Schedule and Related to only General Schedule.
 Table 8 identifies participation rates for FY 2002 - FY 2011 which reflects total work force numbers. The total work force figures are as reported in CPDF plus AAFES & the Foreign Service of the Department of State.
 Table 8a data identifies participation rates based on total work force numbers. The total work force figures are as reported in CPDF plus AAFES.