The EEOC's fiscal year 2019 FEVS response rate was 63 percent; 20 percent over the government-wide response rate of 43 percent. The deadline to submit EEO-4 data was September 30, 2019. Set goals for increasing the number/percentage of fully digital charge and case files from FYs 2019-2022. Strategy III.B.1: Embrace and invest in technology to transform the way the EEOC serves the public and to improve productivity. The agency utilized a survey to measure the satisfaction of attendees to the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference. In subpoena enforcement cases, the EEOC prevailed in the two cases decided on appeal. In fiscal year 2019, the agency successfully resolved 6,394 of the 8,899 mediations conducted, resulting in over $159.6 million in benefits to charging parties. Sometimes an extension may be given officially by the EEOC or you can request a one time 30-day extension. The system now automatically cancels appointments that are not confirmed by 48 hours prior to the appointment date. During fiscal year 2019, the EEOC continued monitoring the approved pilots in an effort to determine whether they improved complaint processing efficiency. Washington, DC 20507 Merits lawsuits are direct suits or interventions alleging violations of the substantive provisions of the statutes enforced by the EEOC and suits to enforce administrative settlements. Education and outreach programs to vulnerable communities continued to be critically important to the work of the EEOC in fiscal year 2019, as these efforts promote understanding of the law by workers who might not be familiar with their right to be free from employment discrimination. This fiscal year, the EEOC also focused on both resolving the oldest federal sector appeals, as well as those that vindicate employees' legal rights and/or preserve their access to the EEO complaint process. Reducing the number of federal sector appeals that were more than 500 days old by 84 percent, from 601 at the end of fiscal year 2018 to 97 at the end of fiscal year 2019. Department of Commerce 1.a 2nd level reporting component 2. By unanimous vote, the U.S. Senate confirmed her to a second term ending in 2023. The fiscal year 2019 target for this measure was for the EEOC to increase the percentage of federal sector hearings and appeals that meet criteria established in the FSQP to 85 percent. Search. The Institute is funded through the EEOC's Revolving Fund, established by Congress in 1992 to enable the EEOC to charge "reasonable fees" for specialized products and services developed and delivered as part of the Commission's training and technical assistance efforts. Other guidance documents have become outdated because they were limited to narrow fact patterns that now rarely arise. By utilizing case management strategies to balance field inventories through the resolution of older cases and the closure of incoming cases, the hearings program successfully resolved some of the oldest cases in the inventory while still managing new receipts. In fiscal year 2018, the Office of Inspector General (OIG) also assessed the agency's knowledge and use of data analytics strategies and capabilities and identified improvements, opportunities, and best practices for the EEOC's data analytics activities. The FEVS measures employee engagement and inclusiveness via the Employee Engagement Index (EEI) and the Inclusiveness Quotient (IQ); the 2019 government-wide average score is 68 percent and 62 percent, respectively. The EEO-1 report is also known as a Standard Form 100. By FY 2022, the EEOC modernizes and expands utilization of technology to ensure that members of the public have greater access to information about their rights and responsibilities. Continued emphasis on outreach and education in the federal sector is equally important to the EEOC's efforts to promote broad compliance with federal workplace anti-discrimination laws and enhance the agency's service to the public. Attachment Ext. The EEOC successfully resolved 48 harassment suits in fiscal year 2019, which was ten more than last year. Conduct annual focus groups with employees and climate assessments to obtain feedback on agency culture. In fiscal year 2019, the EEOC also focused outreach and education on priorities identified in the agency's Strategic Enforcement Plan (SEP) for fiscal years 2017-2021. For GS employees, OCHCO developed a performance rating-based awards program consistent with the 2019 Memorandum from OPM and OMB on Guidance on Awards for Employees and Agency Workforce Fund Plan (M-19-24). The fiscal year 2019 target for Performance Measure 1, Sub-Measure 1b was for at least 15.5-17.5 percent of Fair Employment Practices Agencies (FEPA) resolutions to contain targeted, equitable relief. In fiscal year 2019, the agency implemented a Table of Penalties and opened all articles of the current Collective Bargaining Agreement (CBA). In fiscal year 2019, the EEOC established a goal to conduct 85 technical assistance visits with agencies and issue a feedback letter within 180 days of each visit. We use the OIG's information and recommendations to continually improve our systems and data. … To ensure quality service, it is critical that federal and private sector complaints and charges are handled promptly and fairly. Fiscal Year. On January 25, 2017, she was named Acting Chair of the Commission by President Trump, a position she held for nearly two and a half years until the confirmation and swearing in of Chair Dhillon. OPM is assisting the Office of the Chief Human Capital Officer (OCHCO) in determining whether the EEOC's staffing and position alignment reflect current and future job requirements to ensure our workforce is able to efficiently and effectively meet mission demands. The final fiscal year 2019 operating plan was approved by the Acting Chair and transmitted to all offices on September 28, 2018. Equal Employment Opportunity Commission (EEOC) in 2014 by President Obama and then re-nominated in 2019 by President Trump. An Annual Performance Report (“APR”) will also be published in February 2021 in coordination with the EEOC’s Congressional Budget Justification. Produce or update at least two resource or guidance documents on priority list. Reporting Links. However, OEDA, with input from the Office of Federal Operations, now chairs the Consortium and manages quarterly meetings with the U.S. Census Bureau. On July 15, 2019, a number of EEOC staff presented the proposal to the Federal CIO and the TMF Board. This was the second year the EEOC utilized the online intake system in all offices, which allows potential charging parties to submit a pre-charge inquiry for review and schedule interview appointments on-line. The ACS is the largest general-purpose demographic survey in the United States and includes questions on individuals' occupations in combination with other demographic characteristics, such as the individual's race, sex, national origin, age, educational attainment, and income. Although Whitten's condition was congenital and she had worked successfully at her job for twenty-eight years, the district court held that the examinations were justified based on McLeod's fear that Whitten could not perform the essential functions of her job, and that McLeod reasonably relied on the results of the examinations in terminating her. Staff also counsel individuals about their rights under the laws enforced by the EEOC and conduct outreach and technical assistance programs. Living out the concepts and principles of equal employment is essential - not only to serve as a model - but also to strengthen the workplace to accomplish more for its customers and stakeholders. Filing 144 lawsuits, including 100 suits on behalf of individuals, 27 non-systemic suits with multiple victims, and 17 systemic suits involving multiple victims or discriminatory policies. Office of Civil Rights, Diversity and Inclusion. In keeping with its mission of advancing equal employment opportunity in federal agencies through data dissemination and analytics, program evaluations, and technical assistance, the EEOC completed the program evaluation of a large cabinet level agency and concluded monitoring a large federal agency's corrective action plan. 1:17-cv-11860 (D. In fiscal year 2019, the EEOC approved 9 investigations by Commissioner charges. The annual deadline for submission of an EEO-1 report is September 30. We do not focus solely on improving FEVS scores because that is only one snapshot of agency performance. harassment, sexual harassment based on sex and in retaliation for engaging in protected activity; and. 4:16-cv-01848 (N.D. Ala.), the EEOC alleged that four related temporary staffing firms discriminated against Hispanic individuals assigned to a poultry processing plant by denying them promised reimbursements for travel expenses; requiring them to live in defendant-provided rundown housing at three times the cost of the market rental rate for their first four months of employment; assigning them to less desirable, more strenuous, lower-paying jobs than promised, and to "Latino-only" production lines; and subjecting them to ethnic slurs, screaming, mocking, and threats of termination by their non-Latino coworkers and supervisors. Eighteen harassment suits were class cases, and another five were systemic cases. In each year through 2022, the EEOC favorably resolves at least 90 percent of the agency's enforcement lawsuits. Attendees built upon existing skills and learned techniques to capitalize on coalition building, and strategic thinking and planning. The EEOC again earned an "A" rating for responsiveness to small business concerns in the Small Business Administration Ombudsman's Report and SBA highlighted the EEOC's Small Business Resource Center as an example of agency compliance assistance initiatives. Since several of our performance measures require us to use data to assess our achievements, it is significant that we can now obtain this data much more quickly and with greater data accuracy. The EEOC's federal sector training and outreach staff also formed internal and external partnerships to further EEO training and leadership development opportunities for EEO practitioners. Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Additionally, increased focus on the reassessment of charges as soon as new evidence is obtained enables staff to make the critical decision as to whether additional investigation is likely to result in a cause finding. In fiscal year 2019 the EEOC built upon its robust education and outreach program that focuses on both free and fee-based education and training opportunities in the federal sector and leveraged the use of technology to strengthen and expand the impact of its education and outreach activities. Dhillon was first nominated by President Trump on June 29, 2017 and confirmed on May 8, 2019. Strategy II.B.3: Target outreach to small and new employers. Based on this past year’s report, it is evident that the EEOC is prioritizing reducing its backlog of cases, reducing the time that it investigates “Charges” of discrimination and retaliation, and prioritizing mediation. The site provides a user-friendly one-stop source for information on federal employment anti-discrimination laws tailored to meet the needs of small businesses. Rockville, Maryland 20857. Annual EEO Public File Report 2020 The purpose of this EEO Public File Report ("Report") is to comply with Section 73.2080(c) (6) of the FCC’s 2002 EEO Rule. These resolutions included 762 initial appeals from procedural dismissals that terminated complainants' participation in the EEO process, reversing over 34 percent of those dismissals with an order to the agency to continue processing the EEO complaint. failure to hire on the basis of race, sex, national origin, religion, disability, genetic information, color, and in retaliation for protected activity; discriminatory terms and conditions of employment based on national origin, disability, race, sex, color, religion, and in retaliation for protected activity; retaliation, intimidation, and breach of confidentiality; harassment based on sex, race, national origin, and in retaliation for protected activity; sexual harassment based on sex and in retaliation for protected activity; assignment based on race, sex, national origin, disability, and in retaliation for protected activity; discipline on the basis of race, sex, national origin, disability, and in retaliation for protected activity; discharge based on sex, race, national origin, disability, color, religion, genetic information, and in retaliation for protected activity; testing which discriminates on the basis of race, sex, national origin and disability; referring applicants and employees in ways that discriminate on the basis of race, sex, national origin, religion, color, disability, and in retaliation for protected activity; failing to promote based on race, sex, national origin, and color; paying wages on the bases of sex, race, and national origin; segregated facilities and locals on the basis of race, sex, and national origin; medical inquiries prohibited by the ADA and GINA including medical exams; discrimination in benefits and insurance based on disability and genetic information; waivers that retaliate against employees for engaging in protected activity; job classifications based on race, sex, national origin, religion, disability, and in retaliation for protected activity. 3:17-cv-139 (N.D. Ga.), a district court awarded $5,392 in attorneys' fees against the agency under discovery rule FRCP 37. Systemic suits comprised 12 percent of all merits suits filed in fiscal year 2019. The programs provide detailed information regarding applicable laws, potential liabilities, and activities that relate to employment discrimination, with the aim of helping participants identify, address and prevent workplace discrimination. Through its Office of Federal Operations, the EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. Agency 1. The results generated 11,000 followers and helped boost the web traffic to the Small Business Resource Center by 22 percent. In fiscal year 2019, the agency updated the EEOC/Department of Justice-Civil Rights Division Memorandum of Understanding to provide for expedited Title VII relief, especially in harassment cases. Fiscal Year 2017. Implementation of these pilots will take place in FY 2020. Addendum to the FY 2016 PAR. Develop and adjust action plans, as necessary, in response to focus group feedback and prior year FEVS results. Strategic Objective I Performance Summary, Image The report provides a snapshot of employment discrimination law in the U.S. and often indicates trend lines, providing insight for employers on the breadth of employment discrimination claims. Strategy III.A.4: Develop and support innovation and collaboration to advance employee engagement and morale. The EEOC's FEVS scores for employee engagement and inclusiveness will maintain or increase in relation to the prior-to-current year changes in comparable government agency averages. Chai R. Feldblum began her service as a Commissioner of the Equal Employment Opportunity Commission in April 2010. Any implementation of the surveys will be delayed until after the EEOC website is migrated to a new content management system. Examples of these partnering efforts include the agency: In fiscal year 2020, the agency will conduct a program evaluation to determine the impact of these partnerships on vulnerable or underserved communities, and will reset the baseline, if needed. The OIG has jurisdiction to review the programs and personnel of the EEOC. Please send your comments to: Executive Officer Office of the Executive Secretariat U.S. Executive Summary. Moreover, the program continues to receive overwhelmingly positive feedback from participants. The agency employs seven individuals as IIRs who were hired in coordination with the National Telecommuting Institute (NTI), a non-profit organization whose mission is to identify and develop work-at-home jobs for home-based individuals who are physically disabled. In doing so, the agency has made maximum use of our resources to achieve the greatest return on the investment of taxpayer dollars. This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter "Report"), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The EEOC's conciliation efforts are another vital means to promote voluntary compliance with federal employment discrimination laws. The U.S. The agency also suffered from a lack of resources to address the myriad needs and opportunities for process and technology improvements our staff and customers deserve. In total, the agency obtained $22.8 million in relief for 2,022 victims of systemic discrimination. The EEOC's litigation program achieved a 100 percent success rate in its systemic cases in fiscal year 2019. We conducted numerous training sessions for EEOC employees and managers on performance related topics. $100.6 million for federal employees and applicants. The EEOC did not file any lawsuits in fiscal year 2019 based on a directed investigation or Commissioner charge. The agency updated at least two current guidance and technical assistance documents. The primary outreach and education responsibilities fall within the Office of Field Programs (OFP). Promoting the online Small Business Resource Center to provide a one-stop shop to help small businesses easily access information about employer responsibilities. At issue in Fort Bend County, Texas v. Davis, was whether Title VII's charge-filing requirement is jurisdictional, requiring dismissal at any stage of the proceedings, or is, instead, a claim-processing rule subject to forfeiture. This will ensure that the agency's efforts align with the EEOC's budget and other programmatic priorities. The EEOC achieved a favorable result in 95 percent of all district court resolutions, and a total of 2,479 individuals received monetary relief as a direct result of EEOC lawsuit resolutions. In October 2018, the EEOC hosted its annual Executive Leadership Training Conference in Charlottesville, VA, bringing together 75 EEO and Diversity and Inclusion professionals. Three of these resolutions involved allegations of systemic harassment. The EEOC also completed updating the Form 462 user instruction manual to better assist federal agencies in submitting accurate data. This report summarizes the Department’s efforts in maintaining an effective affirmative program of equal employment opportunity (EEO) and addresses its goals in developing and implementing a more comprehensive, integrated, and strategic focus on EEO, diversity, and inclusion. Authorized under 13 U.S.C. Securing $12.8 million in monetary relief as ordered in the EEOC's federal appellate decisions. The EEOC participated in WHIAPPI's Regional Networks which coordinated outreach and education efforts to Asian Americans and Pacific Islanders and raised awareness about the issue of trafficking in outreach events involving vulnerable workers. Set goals for improvement or maintenance at the beginning of each fiscal year and review results at the end. EEOC Form 462 Reports are due on or before October 31 st of each year. Some Commissioner charges alleged multiple issues. Combatting all forms of workplace harassment has been a top priority of the agency. For a full description of the challenges identified by the OIG and the response thereto, please see the agency's Fiscal Year 2019 Agency Financial Report. Some of the EEOC's guidance and technical assistance documents have been superseded by legislation, court decisions, or newer and more complete guidance. Specifically, the agency reviewed the recommendations in the Urban Institute's report Evaluation of EEOC's Performance Measures (OIG Project Number #2012-10-PMEV) and determined that the following options should be evaluated more thoroughly as potential intermediate outcome measures by the EEOC's data scientists and statisticians: These options were chosen for initial exploration as the data necessary to construct statistically and methodologically valid measures and evaluate their measurement properties are available to agency data scientists and statisticians, either within the agency data system or through publicly available files. In fiscal year 2019, the EEOC continued to revamp and improve the agency's data analytics capabilities. present HUD’s Annual EEOC MD 715 Report for Fiscal Year 2019. Using administrative and litigation authorities to promote broad compliance with federal workplace anti-discrimination laws, including: Securing more than $486 million for victims of discrimination, including: Approximately $346.6 million for victims of employment discrimination in private sector and state and local government workplaces through mediation, conciliation, and settlements. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC's successes, setbacks, changes, and strategies. In fiscal year 2018, the agency established a baseline and projected future targets for federal sector hearings and appeals to meet criteria established in the FSQP. Feedback surveys and other mechanisms provide baseline measures of services provided to those with whom the EEOC interacts. The agency's FEVS Employee Engagement Index (EEI) score of 72 percent exceeded the governmentwide employee engagement score of 68 percent for 2019. In fiscal year 2019, 23 percent of the workforce identified as individuals with disabilities and approximately 6 percent (5.64%) with targeted disabilities. The EEOC supported the White House Initiative on Historically Black Colleges and Universities (WHIHBCU), the White House Initiative on Asian Americans and Pacific Islanders (WHIAPPI) and the Interagency Task Force to Monitor and Combat Trafficking in Persons. FY 2015 Performance and Accountability Report. Performance Measure 11 allows the agency to track and assess progress on migration to a fully digital charge/complaint environment. Equal Employment Opportunity Commission’s Compliance with Improper Payments Requirements for Fiscal Year 2019. EEOC Management Directive 715 Annual Report. In addition, systemic activity necessary to generate the annual report was collected, tabulated, and reported to the Commission in SEP briefings throughout the fiscal year. Equal Employment Opportunity Commission (EEOC) recently released its annual report of enforcement and litigation data for fiscal year 2018. With a survey response rate of over 30 percent from over 300 completed evaluations, the mostly positive reviews reinforced the value of the training format and sessions, and these results will be used in designing next year's conference. The FEPA Case Law Update was finalized in May 2019 and published on June 5, 2019. Semi-Annual Reports. For more information about Commissioner Burrows, please see: www.eeoc.gov/eeoc/burrows.cfm. The EEOC's federal sector presence further grew on social media across YouTube, Twitter, Facebook, and Instagram during fiscal year 2019, and it created podcasts that soon will be available via Apple Podcast to reach a broader audience. With an eye toward maintaining quality while also addressing the inventory management of federal hearings, metrics to measure quality were implemented in fiscal year 2019. 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