The U.S. Equal Employment Opportunity Commission

FINANCIAL STATEMENTS

A Message From the Chief Financial Officer

I am pleased to present the U.S. Equal Employment Opportunity Commission's financial statements for fiscal year 2008. Our financial statements are an integral component of our Performance and Accountability Report (PAR). The Accountability of Tax Dollars Act of 2002 extends to the agency a requirement to prepare and submit audited financial statements. The President's Management Agenda, Improved Financial Performance component among other standards, requires us to obtain and sustain clean audit opinions on our financial statements. The Office of Management and Budget (OMB) issued Circular A-136, Financial Reporting Requirements, on June 3, 2008, which further consolidated and refined reporting requirements for the PAR submission. In addition, the OMB Memorandum M-08-25, Guidance for Completing FY 2008 Financial and Performance Reports, on August 29, 2008, establishes the reporting structure and due dates for the required reports.

Our fiscal year 2008 financial statements received an unqualified opinion through the hard work of the dedicated financial and administrative staff in the agency. This is the fifth consecutive year that the EEOC has received an unqualified opinion and represents our continuing successful efforts to improve the financial management of the agency. Two years ago the Department of the Interior’s National Business Center won a competition to replace the existing financial software with CGI’s Momentum® software package. The conversion and implementation were completed on October 9, 2007, for fiscal year 2008 operations. The implementation was on-time and within budget.

In support of the Budget and Performance Integration component of the President's Management Agenda, we completed the Performance Accountability Rating Tool (PART) assessment process working with the Office of Management and Budget. The program was rated “Results Not Demonstrated.” The agency is working to improve those areas that need management attention. The agency undertook a review and made adjustments to the six year Strategic Plan covering fiscal years 2007 through 2012.

In support of the Competitive Sourcing component of the President’s Management Agenda, we completed an OMB Circular A-76 study for the file disclosure function including back room processing of Freedom of Information Act (FOIA) and Section 83 Compliance Manual requests. In October 2007, the Most Efficient Organization (MEO) was announced as the winning vendor in the competition. The MEO implementation plan covers fiscal years 2008 through 2010 because of the budget resources required for hiring new employees with different skill sets and infusing some new technology.

For fiscal year 2008, the agency received a $329.3 million budget. We completed the fiscal year within budget with improved financial management and some additional focus on cost controls and cost accounting. Compensation and benefit costs continue to consume a substantial portion of the budget. Some additional progress has been made to bring rising office space rent costs under control by leasing less office space consistent with the number of employees onboard and approved vacancies. However, rent costs decreased to 8% of our total budget. With 8% of the budget dedicated to the State and local program, only 15% of the budget is available for technology, programs, travel, and other general expenses.

As reported in the past, I have identified several critical issues for the agency to focus on to continue to improve its long-term financial health. An update on each item is provided on the following page.

In fiscal year 2009, guided by our modified Strategic Plan, we will continue its focus on accountability, financial transparency, and results through improved budget planning, performance metrics and financial management.

Signature of Jeffrey A. Smith

Jeffrey A. Smith, CPA, CGFM
Chief Financial Officer
U.S. Equal Employment Opportunity Commission

November 17, 2008

EEOC Letterhead

November 14, 2008

MEMORANDUM

TO: Naomi C. Earp
Chair
FROM: SignatureAletha L. Brown
Inspector General
SUBJECT: Audit of the Equal Employment Opportunity Commission’s Fiscal Year 2008 and 2007 Financial Statements (OIG Report No. 2008-05-FIN)

The Office of Inspector General (OIG) contracted with the independent certified public accounting firm of Cotton and Company LLP to audit the financial statements of the U.S. Equal Employment Opportunity Commission (EEOC) for fiscal years 2008 and 2007. The contract required that the audit be done in accordance with U.S. generally accepted government auditing standards; Office of Management and Budget’s Bulletin 07-04, Audit Requirements for Federal Financial Statements, and the Government Accounting Office/President’s Council on Integrity and Efficiency’s Financial Audit Manual.

Cotton and Company LLP issued an unqualified opinion on EEOC’s FY 2008 and 2007 financial statements. In its Report on Internal Control, Cotton and Company LLP noted two areas involving internal control and its operation that were considered to be significant deficiencies. These included time and attendance controls and controls over revenue and receivables. In its Report on Compliance, Cotton and Co. LLP noted no instances of non compliance with certain laws and regulations applicable to the agency.

In connection with the contract, OIG reviewed Cotton and Company LLP’s report and related documentation and inquired of its representatives. Our review, as differentiated from an audit in accordance with U.S. generally accepted government auditing standards, was not intended to enable us to express, and we do not express, opinions on EEOC’s financial statements or conclusions about the effectiveness of internal controls or on whether EEOC’s financial management systems substantially complied with FFMIA; or conclusions on compliance with laws and regulations. Cotton and Company LLP is responsible for the attached auditor’s report dated November 7, 2008 and the conclusions expressed in the report. However, OIG’s review disclosed no instances where Cotton and Company LLP did not comply, in all material respects, with generally accepted government auditing standards.

EEOC management was given the opportunity to review the draft report and to provide comments. The Office of the Chief Financial Officer, the Office of Legal Counsel and the Office of Information Technology indicated that that had no comments. The Office of Human Resources and the Office of Field Programs provided comments and they are included with the report as an attachment (Appendix A).

cc: Anthony Kaminski
Jeffrey A. Smith
Raj Mohan
Nicholas Inzeo
John Schmelzer
Anna Middlebrook
Joann Riggs
Kimberly Hancher
Reed Russell

APPENDIX A

November 13, 2008

MEMORANDUM

TO : Aletha L. Brown
Inspector General
FROM : Joann Riggs, Acting
Chief Human Capital Officer
SUBJECT : Response to Draft Audit Reports

This is in response to the draft audit reports from Cotton & Company dated November 11, 2008. By way of this memorandum our response is as follows:

Original Entry in the DRAFT letter:

Time and Attendance Reporting - Recommendation
We recommend that the EEOC Office of Human Resources (OHR) review and refine controls in place over time-and-attendance reporting to ensure that all employees report accurate and complete information to timekeepers. Additionally, we recommend that OHR implement a policy requiring timesheets with incorrect or incomplete information to be returned to employees for correction before certification of time-and –attendance information in EEOC’s online timekeeping system.

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Response to Recommendation:

In early October 2008, the update for the FY 09 Time and Attendance Guidance was produced and placed on EEOC’s internal website for use. The manual dictates that “Timekeepers will review time and attendance documentation to determine that they are complete and accurate. If any documentation is missing or if the Bi-weekly Worksheet is coded inaccurately, the Timekeeper must return the form to the employee for correction.” Also, OHR sent an email through our FPPS GroupWise Mailbox; a reminder that this has been an issue in past audit results and advises them to review those documents that may be requested of them. With the implementation of NBC’s QuickTime or some other state-of-the-art time and attendance system in FY 09, there will be a significant decrease with the inaccurate reporting of information by both the employee and the timekeeper.

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Original Entry in the DRAFT letter:

Appendix A

Payment to a Separated Employee – Recommendation
We recommend that OHR review and refine controls in place over time-and-attendance reporting to ensure that information is submitted to OHR and processed in a timely manner. Additionally, we recommend that OHR implement training procedures to ensure that timekeepers and approving officials are aware of their responsibilities and that information entered into FPPS is accurate.

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Response to Recommendation:

In May 2008 an update to the EEOC Administrative Manual included actions the employee, supervisor and authorizing official are to take when an employee separates from the EEOC. We are continuing to review the procedures in place and refine the standard of operating procedures pertaining to the timeliness of processing personnel actions. During FY09 we will finalize our draft audit plan for payroll processing. In 2006 training was provided to all timekeepers, certifiers and releasers. Since then, there has been ongoing communication with regards to submitting time and attendance in the proper manner. There will be a continuing effort to provide additional training using current automation for field offices and onsite training for Headquarters’ timekeepers and certifiers. OHR conducts on average 5 to 6 HR Management Reviews which we will include, contingent on funds, additional time and/or resources to include an audit of time and attendance.

If you have any questions, please feel free to contact Arlethia Monroe of my staff by calling (202) 663-4340.

APPENDIX A

>>> NICHOLAS INZEO 11/13/2008 8:55 PM >>>

I have only one short comment:

The Office of Field Programs, within which the Revolving Fund Division is located, is committed to working with the Office of the Chief Financial Officer to ensure that the revenue transactions are properly recorded and revenue reconciliations are appropriately conducted.

Inspector General
Equal Employment Opportunity Commission

Independent Auditor’s Report

We have audited the Balance Sheets of the U.S. Equal Employment Opportunity Commission (EEOC) as of September 30, 2008, and 2007, and the related Statements of Net Cost, Changes in Net Position, and Budgetary Resources for the years then ended. These financial statements are the responsibility of EEOC management. Our responsibility is to express an opinion on the financial statements based on our audits. 

We conducted our audits in accordance with auditing standards generally accepted in the United States of America; standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Bulletin 07-04, Audit Requirements for Federal Financial Statements. These standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting amounts and disclosures in the financial statements. An audit also includes assessing accounting principles used and significant estimates made by management, as well as evaluating overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of EEOC as of September 30, 2008, and 2007, and its net costs, changes in net position, and budgetary resources for the years then ended in conformity with accounting principles generally accepted in the United States of America.

Management’s Discussion and Analysis (MD&A) and other accompanying information are not required as part of EEOC’s basic financial statements. For MD&A, which is required by OMB Circular A-136, Financial Reporting Requirements, and the Federal Accounting Standards Advisory Board’s Statement of Federal Financial Accounting Standards No. 15, Management’s Discussion and Analysis, we made certain inquiries of management and compared the information for consistency with EEOC’s audited financial statements and against other knowledge we obtained during our audits. For other accompanying information, we compared the information with the financial statements. On the basis of this limited work, we found no material inconsistencies with the financial statements, U.S. generally accepted accounting principles, or OMB guidance. We did not audit the MD&A or other accompanying information and therefore express no opinion on them.

In accordance with Government Auditing Standards, we have also issued separate reports dated November 7, 2008, on our consideration of EEOC’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws and regulations. The purpose of those reports is to describe the scope of our testing of internal control over financial reporting and compliance and results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. Those reports are an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing results of our audits.

Cotton & Company LLP

Signature of Colette Wilson

Colette Y. Wilson, CPA
Partner

November 7, 2008
Alexandria, Virginia

Inspector General
Equal Employment Opportunity Commission

Independent Auditor’s Report on Internal Control

We have audited the Balance Sheets of the U.S. Equal Employment Opportunity Commission (EEOC) as of September 30, 2008, and 2007, and the related Statements of Net Cost, Changes in Net Position, and Budgetary Resources for the years then ended. We have issued our report thereon dated November 7, 2008. We conducted our audits in accordance with auditing standards generally accepted in the United States of America; standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Bulletin 07-04, Audit Requirements for Federal Financial Statements.

In planning and performing our audits, we considered EEOC’s internal control over financial reporting as a basis for designing audit procedures for the purpose of expressing an opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of EEOC’s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of EEOC’s internal control over financial reporting. 

A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity’s ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity’s financial statements that is more than inconsequential will not be prevented or detected by the entity’s internal control.

A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity’s internal control.

Our consideration of internal control over financial reporting was for the limited purpose described above and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. We did, however, note two matters involving internal control and its operation that we considered to be significant deficiencies.

1.      Time-and-Attendance Controls

Inaccurate Timekeeping

EEOC continued to experience difficulties in correctly recording time-and-attendance information in FY 2008. In addition, timekeepers and certifiers did not perform thorough reviews of information entered into EEOC’s timekeeping system to ensure that it accurately reflected work performed by employees.

Per EEOC policy, each employee is required to complete a Cost Accounting Bi-weekly Timesheet each pay period. The employee is required to record time worked and allocate time among activity codes representing EEOC program areas. In addition, certifiers are expected to review and approve the assignment of hours to activity codes.

Failure to properly record hours worked and activity codes on the Bi-weekly Timesheet along with entering incorrect data into EEOC’s accounting system could lead to improper calculation of accrued annual leave liability as presented on the Balance Sheets as well as incorrect program cost allocation on the Statements of Net Cost.

Recommendation: We recommend that the EEOC Office of Human Resources (OHR) review and refine controls in place over time-and-attendance reporting to ensure that all employees report accurate and complete information to timekeepers. Additionally, we recommend that OHR implement a policy requiring timesheets with incorrect or incomplete information to be returned to employees for correction before certification of time-and-attendance information in EEOC’s online timekeeping system.

Management Response: EEOC management concurred with our finding and recommendation and is taking steps to correct this deficiency.

Payment to a Separated Employee

EEOC paid an employee who no longer worked for the agency for one pay period after employment separation. EEOC personnel did not submit required separation documents to OHR in a timely manner, and the employee was not removed from the Federal Personnel and Payroll System (FPPS). In addition, the timekeeper and certifier at the former employee’s office entered and certified the employee’s time for the pay period although the employee had left the agency. The certified time-and-attendance record led to payroll disbursements to the former employee.

The General Accountability Office’s (GAO) guide, Maintaining Effective Control over Employee Time and Attendance Reporting (GAO-03-352G), page 5, states:

The supervisor has primary responsibility for authorizing and approving T&A [time and attendance] transactions. Supervisors and timekeepers should be aware of the work time and absence of employees for whom they are responsible.

Information in T&A records should be promptly and properly recorded to meet control objectives. It should be complete, accurate, valid, and comply with legal requirements.

The failure to promptly report personnel actions and to ensure that time-and-attendance information entered into FPPS is accurate and supported led to an employee being paid subsequent to separation from the agency.

Recommendation: We recommend that OHR review and refine controls in place over time-and-attendance reporting to ensure that information is submitted to OHR and processed in a timely manner.  Additionally, we recommend that OHR implement training procedures to ensure that timekeepers and approving officials are aware of their responsibilities and that information entered into FPPS is accurate.

Management Response: EEOC management concurred with our finding and recommendation and is taking steps to correct this deficiency.

2.      Controls Over Revenue and Receivables

Untimely Revenue Recognition

Revenue transactions for the Revolving Fund (RF) were recorded in the wrong period. Our testing of RF training-event transactions identified $126,591 of revenues recorded in FY 2007 for training events that occurred in FY 2008. This error was noted during the FY 2007 audit, but an adjustment was not processed in FY 2008 to properly record the revenue. We also noted $12,994 of revenue recorded in FY 2008 for training events scheduled to occur in FY 2009. This amount was not included in the yearend deferred revenue accrual processed by EEOC.

SFFAS No. 7, Accounting for Revenue and Other Financing Sources, Paragraph 36, states:

Revenue from exchange transactions should be recognized when the services are performed.

SFFAS No. 7 also states:

When advance fees or payments are received, revenue should not be recognized until costs are incurred from providing the goods and services (regardless of whether the fee or payment is refundable). An increase in cash and an increase in liabilities, such as "unearned revenue," should be recorded when the cash is received.

The Revolving Fund Division (RFD) recognizes exchange revenue at the time a customer registers for a training course.  In FY 2008, an accrual was processed at yearend to recognize that income that had not yet been earned as deferred for reporting purposes. This accrual did not, however, capture all unearned revenue at yearend.

Recommendation: We recommend that the CFO, along with the Director of the RFD, review accrual procedures in place and refine these procedures to ensure that all revenue not earned at yearend is properly classified as deferred in the financial statements.

Management Response: EEOC management concurred with our finding and recommendation and is taking steps to correct this deficiency.

Incorrect Amounts and Ineffective Reconciliations over Revenue

Reconciliations are ineffective between Momentum and Certain Registration, the feeder system used to record event registrations and product orders for the RF. Momentum activity reconciled for FY 2008 did not tie to the yearend revenue balance reported on the financial statements. Additionally, differences in reconciliations were not resolved in a timely manner.

Results of testing also noted improper revenue amounts recorded in the general ledger. Substantive testing of revenue balances revealed instances in which the revenue amount recorded in the general ledger did not tie to the revenue amount per the supporting documents provided by EEOC. This resulted in a known $8,355 overstatement of revenue and a projected $306,523 overstatement.

GAO’s Standards for Internal Control in the Federal Government states that control activities should be in place:

            …to ensure that all transactions are completely and accurately recorded.

The failure to ensure that financial system data are complete and accurate could lead to inaccurate and incomplete information being reported in the financial statements.

Recommendation: We recommend that the CFO work with the Director of the RFD to ensure that information recorded in the general ledger is accurately recorded based upon supporting documentation.  Additionally, we recommend that the CFO coordinate with the Director of RFD to ensure that timely, complete, and accurate reconciliations are performed between the general ledger and the subsidiary ledger and that differences identified are researched and resolved.

Management Response: EEOC management concurred with our finding and recommendation and is taking steps to correct this deficiency.

The status of recommendations included in the FY 2007 Report on Internal Control is detailed in the appendix.

We noted other matters involving internal control and its operation that we will report to EEOC management in a separate letter.

This report is intended solely for the information and use of EEOC management, others within EEOC, OMB, and Congress. It is not intended to be and should not be used by anyone other than these specified parties.

Cotton & Company LLP

Signature of Colette Wilson

Colette Y. Wilson, CPA
Partner

November 7, 2008
Alexandria, Virginia

Appendix

Status of Management's Actions on
Prior-Year Recommendations
Fiscal Year 2008 Financial Statement Audit
U.S. Equal Employment Opportunity Commission

Recommendation Status as of 11-7-2008

We recommend that the EEOC Office of Human Resources (OHR) review and refine controls in place over time-and-attendance reporting to ensure that all employees report accurate and complete information to timekeepers. Additionally, we recommend that OHR implement a policy requiring return of timesheets with incorrect or incomplete information to employees for correction before certification of time-and-attendance information in EEOC’s online timekeeping system.

Unresolved: Repeat Condition

We recommend that the EEOC Chief Financial Officer review and update policies and procedures in place over the apportionment of funds to ensure that all funds are apportioned before obligations are incurred, as required by law.

Completed

Inspector General
Equal Employment Opportunity Commission

Independent Auditor’s Report on
Compliance with Laws and Regulations

We have audited the Balance Sheets of the U.S. Equal Employment Opportunity Commission (EEOC) as of September 30, 2008, and 2007, and the related Statements of Net Cost, Changes in Net Position, and Budgetary Resources for the years then ended. We have issued our report thereon dated November 7, 2008. We conducted our audits in accordance with auditing standards generally accepted in the United States of America; standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Bulletin 07-04, Audit Requirements for Federal Financial Statements.

EEOC management is responsible for complying with laws and regulations applicable to the agency. As part of obtaining reasonable assurance about whether EEOC’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws and regulations, noncompliance with which could have a direct and material effect on the determination of financial statement amounts, and certain other laws and regulations specified in OMB Bulletin 07-04.

Results of our tests of compliance disclosed no instances of noncompliance with certain provisions of laws and regulations described in the preceding paragraph that we are required to report under Government Auditing Standards or OMB Bulletin 07-04.

Providing an opinion on compliance with those provisions was not an objective of our audits, and accordingly, we do not express such an opinion. 

This report is intended solely for the information and use of EEOC management, others within EEOC, OMB, and Congress. It is not intended to be and should not be used by anyone other than these specified parties.

Cotton & Company LLP

Signature of Colette Wilson

Colette Y. Wilson, CPA
Partner

November 7, 2008
Alexandria, Virginia

Limitations of the Financial Statements

EEOC has prepared its financial statements to report its financial position and results of operations, pursuant to the requirements of the Accountability of Tax Dollars Act of 2002, the Government Management Reform Act of 1994, and OMB Circular A-136, Financial Reporting Requirements.

While the EEOC statements have been prepared from its books and records in accordance with the formats prescribed by the Office of Management and Budget, the statements are in addition to the financial reports used to monitor and control budgetary resources, which are prepared from the same books and records.

These statements should be read with the understanding that they are for a component of the United States Government, a sovereign entity. Liabilities not covered by budgetary resources cannot be liquidated without the enactment of an appropriation by Congress and payment of all liabilities, other than for contracts, can be abrogated by the federal government.

Equal Employment Opportunity Commission
Consolidated Balance Sheets
As of September 30, 2008 and 2007
(in dollars)
FY 2008 FY 2007
ASSETS
Intragovernmental:
Fund balance with treasury (Note 2) $ 75,898,063 $ 66,569,764
Accounts receivable (Note 3) 175,135 75,102
Prepaid expenses 53,250 28,840
Total intragovernmental assets 76,126,448 66,673,706
Accounts receivable, net (Note 3) 218,111 218,725
General property and equipment, net (Note 4) 836,651 1,771,809
Advances and prepaid expenses 210,264 124,858
TOTAL ASSETS 77,391,474 68,789,098
LIABILITIES
Intragovernmental
Accounts payable (Note 6) 1,811,954 278,947
Employer payroll taxes 2,050,655 1,671,057
Worker's compensation liability (Note 7) 2,203,419 2,400,861
Amounts due to Treasury for non-entity assets (Note 5) 5,486 7,740
Total intragovernmental liabilities 6,071,514 4,358,605
Accounts payable 21,131,474 14,212,309
Accrued payroll 8,293,380 6,856,639
Accrued annual leave (Note 7) 17,353,028 16,838,783
Future worker's compensation liability (Note 7) 10,095,229 9,422,646
Contingent liabilities (Note 9) - -
Capital lease liability (Note 10) 244,527 434,122
Amounts Collected for Restitution 5,692 261,277
Deferred revenue 76,859 -
TOTAL LIABILITIES 63,271,703 52,384,381
NET POSITION
Unexpended appropriations 38,806,307 40,455,171
Cumulative results of operations -- earmarked funds (Note 15) 4,248,975 3,113,811
Cumulative results of operations -- other funds (28,935,511) (27,164,265)
Total net position 14,119,771 16,404,717
TOTAL LIABILITIES AND NET POSITION $ 77,391,474 $ 68,789,098
Equal Employment Opportunity Commission
Consolidated Statements of Net Cost
For the Years Ended September 30, 2008 and 2007
(in dollars)
  FY2008  FY2007 
 JUSTICE, OPPORTUNITY, AND INCLUSIVE WORKPLACES 
 Private Sector:     
Enforcement  $ 162,493,249  $ 153,126,393
Mediation 24,509,355 23,955,709
Litigation 61,962,714 59,273,198
Outreach 12,249,362 11,718,314
Training 3,457,428 3,265,619
State and Local 35,059,597 35,598,513
 Total program costs - Private Sector  299,731,705 286,937,746
 Revenue  (2,536,228) (2,935,744)
 Net cost - Private Sector  297,195,477 284,002,002
 Federal Sector:     
 Hearings  28,868,877 27,625,991
 Appeals  13,869,829 13,966,501
 Mediation    884,957   817,123
 Oversight  5,224,927 4,427,656
Training 2,716,551 2,463,537
 Total Program costs - Federal Sector  51,565,141 49,300,808
 Revenue  (2,660,606) (1,593,113)
Net cost - Federal Sector  48,904,535 47,707,695
Totals all programs    
Program costs  351,296,846 336,238,554
 Revenue  (Note 11)  (5,196,834) (4,528,857)
Net Cost of Operations $ 346,100,012 $ 331,709,697
Equal Employment Opportunity Commission
Consolidated Statement of Changes in Net Position
For the Years Ended September 30, 2008 and 2007
(in dollars)
FY2008 FY2007
Earmarked Funds
(Note 15)
All Other Funds Consolidated Earmarked Funds
(Note 15)
All Other Funds Consolidated
Cumulative Results of Operations
Beginning Balances: $3,113,811 $(27,164,265) $(24,050,454) $3,162,237 $(26,251,262) $(23,089,025)
Adjustments:
Correction of errors (Note 12) - (2,917) (2,917) - - -
Beginning balances, as adjusted 3,113,811 (27,167,182) (24,053,371) 3,162,237 (26,251,262) (23,089,025)
Budgetary Financing Sources:
Unexpended appropriations - used - 328,663,798 328,663,798 - 313,005,162 313,005,162
Other Financing Sources:
Imputed financing sources (Note 16) - 16,803,049 16,803,049 - 17,743,106 17,743,106
Transfers in/out without reimbursement - - - -
Total Financing Sources - 345,466,847 345,466,847 - 330,748,268 330,748,268
Net Cost of Operations 1,135,164 (347,235,176) (346,100,012) (48,426) (331,661,271) (331,709,697)
Net Change 1,135,164 (1,768,329) (633,165) (48,426) (913,003) (961,429)
Cumulative Results of Operations 4,248,975 (28,935,511) (24,686,536) 3,113,811 (27,164,265) (24,050,454)
Unexpended Appropriations
Beginning Balances: $ - $ 40,455,171 $ 40,455,171 $ - $ 26,487,334 $ 26,487,334
Budgetary Financing Sources:
Appropriations received (Note 13) - 329,300,000 329,300,000 - 328,745,219 328,745,219
Recissions and canceled appropriations - (2,285,066) (2,285,066) - (1,772,220) (1,772,220)
Unexpended appropriations - used - (328,663,798) (328,663,798) - (313,005,162) (313,005,162)
Total Budgetary Financing Sources - (1,648,864) (1,648,864) - 13,967,837 13,967,837
Total Unexpended Appropriations - 38,806,307 38,806,307 - 40,455,171 40,455,171
Net Position $ 4,248,975 $ 9,870,796 $ 14,119,771 $ 3,113,811 $ 13,290,906 $ 16,404,717
Equal Employment Opportunity Commission
Combined Statement of Budgetary Resources
For the Years ending September 30, 2008 and 2007
(in dollars)
FY2008 FY2007
Budgetary Resources
Unobligated balance, brought forward, October 1: $ 8,891,905 $ 7,675,269
Recoveries of prior year unpaid obligations 2,535,159 3,402,528
Budget authority:
Appropriation (Note 13) 329,300,000 328,745,219
Spending authority from offsetting collections:
Earned:
Collected 6,275,341 5,118,385
Change in receivables from Federal sources 140,159 (3,141)
Subtotal 335,715,500 333,860,463
Permanently not available (2,285,066) (1,772,220)
Total Budgetary Resources $344,857,498 $343,166,040
Status of Budgetary Resources
Obligations incurred
Direct obligations (Note 14) 329,845,399 329,810,224
Reimbursable obligations 4,975,151 4,463,911
Subtotal 334,820,550 334,274,135
Unobligated balance
Apportioned 1,336,965 845,639
Unobligated balance not available 8,699,983 8,046,266
Total Status of Budgetary Resources $344,857,498 $343,166,040
Change in Obligated Balance:
Obligated balance, net
Unpaid obligations brought forward October 1 57,560,861 54,635,082
Less: Uncollected customer payments from
Federal sources, brought forward, October 1:
(144,279) (147,420)
Total unpaid obligated balance 57,416,582 54,487,662
Obligations incurred, net 334,820,550 334,274,135
Less: Gross outlays (323,706,391) (327,945,828)
Less: Recoveries of prior year unpaid obligations, net (2,535,159) (3,402,528)
Change in uncollected customer payments from Federal sources (140,159) 3,141
Obligated balance, net, end of period
Unpaid obligations 66,139,861 57,560,861
Less: Uncollected customer payments from Federal sources (284,438) (144,279)
Total, unpaid obligation balance, net, end of period 65,855,423 57,416,582
Net Outlays:
Net Outlays:
Gross outlays 323,706,391 327,945,828
Less: Offsetting collections (6,275,341) (5,118,385)
Net Outlays $ 317,431,050 $ 322,827,443

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

September 30, 2008 and 2007
(In Dollars)

(1)   Summary of Significant Accounting Policies

(a)    Reporting Entity

The Equal Employment Opportunity Commission (EEOC) was created by Title VII of the Civil Rights Act of 1964 (78 Stat. 253:42 U.S.C. 2000e et seq) as amended by the Equal Employment Opportunity Act of 1972 (Public Law 92261), and became operational on August 2, 1965. Title VII requires that the Commission be composed of five members, not more than three of whom shall be of the same political party. The members are appointed by the President of the United States of America, by and with the consent of the Senate, for a term of 5 years. The President designates one member to serve as Chairman and one member to serve as Vice Chairman. The General Counsel is also appointed by the President, by and with the advice and consent of the Senate for a term of four years.

In addition, based on the EEOC Education Technical Assistance and Training Revolving Fund Act of 1992 (P.L. 102-411), the EEOC is authorized to charge and receive fees to offset the costs of education, technical assistance and training.

The Commission is concerned with discrimination by public and private employers of 15 or more employees (excluding elected or appointed officials of state and local governments), public and private employment agencies, labor organizations with 15 or more members or agencies which refer persons for employment or which represent employees of employers covered by the Act, and joint labor-management apprenticeship programs of covered employers and labor organizations. The Commission carries out its mission through investigation, conciliation, litigation, coordination, regulation in the federal sector, and through education, policy research, and provision of technical assistance.

(b)    Basis of Presentation

These financial statements have been prepared to report the consolidated financial position of the EEOC, consistent with the Chief Financial Officers’ Act of 1990 and the Government Management Reform Act of 1994. This means that any intra-agency transactions have been eliminated. These financial statements have been prepared from the books and records of the EEOC in accordance with generally accepted accounting principles (GAAP) using guidance issued by the Federal Accounting Standards Advisory Board (FASAB), the Office of Management and Budget (OMB) and the EEOC’s accounting policies, which are summarized in this note. These consolidated financial statements present proprietary information while other financial reports also prepared by the EEOC pursuant to OMB directives are used to monitor and control the EEOC’s use of federal budgetary resources.

(c)    Basis of Accounting

The Commission’s integrated Financial Management System uses CGI’s Momentum, which is a highly flexible financial accounting, funds control, management accounting, and financial reporting system designed specifically for federal agencies. Momentum complies with the Financial Systems Integration Office’s core requirements for federal financial systems.

Financial transactions are recorded in the financial system, using both an accrual and a budgetary basis of accounting. Under the accrual method, revenues are recognized when earned and expenses are recognized when a liability is incurred, without regard to the receipt or payment of cash. Budgetary accounting facilitates compliance with legal requirements and mandated controls over the use of federal funds. It generally differs from the accrual basis of accounting in that obligations are recognized when new orders are placed, contracts awarded, and services received that will require payments during the same or future periods. Any EEOC intra-entity transactions have been eliminated in the consolidated financial statements.

(d)    Revenues, User Fees and Financing Sources

The EEOC receives the majority of the funding needed to support its programs through congressional appropriations. Financing sources are received in direct and indirect annual and no-year appropriations that may be used, within statutory limits for operating and capital expenditures. Appropriations used are recognized as an accrual-based financing source when expenses are incurred or assets are purchased.

The EEOC also has a permanent, indefinite appropriation. These additional funds are obtained through fees charged to offset costs for education, training and technical assistance provided through the revolving fund. The fund is used to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training by the Commission. Revenue is recognized as earned when the services have been rendered.

An imputed financing source is recognized to offset costs incurred by the EEOC and funded by another federal source, in the period in which the cost was incurred. The types of costs offset by imputed financing are: (1) employees’ pension benefits; (2) health insurance, life insurance and other post-retirement benefits for employees; and (3) losses in litigation proceedings. Funding from other federal agencies is recorded as an imputed financing source.

(e)    Assets and Liabilities

Assets and liabilities presented on the EEOC’s balance sheets include both entity and non-entity balances. Entity assets are assets that the EEOC has authority to use in its operations. Non-entity assets are held and managed by the EEOC, but are not available for use in operations. The EEOC’s non-entity assets represent receivables that, when collected will be transferred to the United States Treasury.

Intra-governmental assets and liabilities arise from transactions between the Commission and other federal entities. All other assets and liabilities result from activity with non-federal entities.

Liabilities covered by budgetary or other resources are those liabilities of the EEOC for which Congress has appropriated funds, or funding is otherwise available to pay amounts due. Liabilities not covered by budgetary or other resources represent amounts owed in excess of available congressionally appropriated funds or other amounts. The liquidation of liabilities not covered by budgetary or other resources is dependent on future congressional appropriations or other funding.

(f)    Fund Balance with the U.S. Treasury

Fund Balances with Treasury are cash balances remaining as of the fiscal year-end from which the EEOC is authorized to make expenditures and pay liabilities resulting from operational activity, except as restricted by law. The balance consists primarily of appropriations. The EEOC records and tracks appropriated funds in its general funds. Also included in Fund Balance with Treasury are fees collected for services which are recorded and accounted for in the EEOC’s revolving fund.

(g)    Accounts Receivable

Accounts receivable consists of amounts owed to the EEOC by other federal agencies and from the public.

Intra-governmental accounts receivable represents amounts due from other federal agencies. The receivables are stated net of an allowance for estimated uncollectible amounts. The method used for estimating the allowance is based on analysis of aging of receivables and historical data.

Accounts receivable from non-federal agencies are stated net of an allowance for estimated uncollectible amounts. The allowance is determined by considering the debtor’s current ability to pay, their payment record, and willingness to pay and an analysis of aged receivable activity. The allowance for accounts receivable is computed as follows: Accounts receivable between 365 days and 720 days old are computed at 50% and those older than 720 days years are calculated at 100%.

(h)   Property, Plant and Equipment

Property, plant and equipment consist of equipment, leasehold improvements and capitalized software. There are no restrictions on the use or convertibility of property, plant and equipment.

For property, plant and equipment, the EEOC capitalizes equipment (including capital leases), and software purchases with a useful life of more than 2 years and an acquisition cost of $25,000 or more. Leasehold improvements are capitalized with a useful life of 2 years or more and an acquisition cost of at least $100,000.

Expenditures for normal repairs and maintenance are charged to expense as incurred unless the expenditure is equal to or greater than $25,000 and the improvement increases the asset’s useful life by more than two years.

For fiscal year 2008, the capitalization threshold for equipment and software and repairs and maintenance meeting the criteria has been changed from $15,000 to $25,000. For fiscal year 2007 and prior years, the threshold is $15,000.

Depreciation or amortization of equipment is computed using the straight-line method over the assets’ useful lives ranging from 5 to15 years. Copiers are depreciated using a 5-year life. Lektriev power files are depreciated over 15 years and computer hardware is depreciated over 10 to 12 years. Capitalized software is amortized over a useful life of 2 years. Amortization of capitalized software begins on the date it is put in service, if purchased, or when the module or component has been successfully tested if developed internally. Leasehold improvements are amortized over the remaining life of the lease.

The EEOC leases the majority of its office space from the General Services Administration. The lease costs approximate commercial lease rates for similar properties.

(i)     Advances and Prepaid Expenses

Amounts advanced to EEOC employees for travel are recorded as an advance until the travel is completed and the employee accounts for travel expenses.

Expenses paid in advance of receiving services are recorded as a prepaid expense until the services are received.

 (j)   Accrued Annual, Sick and Other Leave and Compensatory Time

Annual leave, compensatory time and other leave time, along with related payroll costs, are accrued when earned, reduced when taken, and adjusted for changes in compensation rates. Sick leave is not accrued when earned, but rather expensed when taken.

(k)    Retirement Benefits

EEOC employees participate in the Civil Service Retirement System (CSRS) or the Federal Employees’ Retirement System (FERS). On January 1, 1987, FERS went into effect pursuant to Public Law 99-335. Most employees hired after December 31, 1983, are automatically covered by FERS and Social Security. Employees hired prior to January 1, 1984 could elect to either join FERS and Social Security or remain in CSRS.

For employees under FERS, the EEOC contributes an amount equal to 1% of the employee’s basic pay to the tax deferred thrift savings plan and matches employee contributions up to an additional 4% of pay. For the calendar years of 2008 and 2007, FERS employees can contribute $15,500 of their gross earnings to the plan. For calendar years 2008 and 2007, CSRS employees’ contribution is also $15,500 of their gross earnings. However, they receive no matching agency contribution. There is also an additional $5,000 that can be contributed as a “catch-up” contribution for those 50 years of age or older.

The EEOC recognizes the full cost of providing future pension and Other Retirement Benefits (ORB) for current employees as required by SFFAS No. 5, Accounting for Liabilities of the Federal Government. Full costs include pension and ORB contributions paid out of EEOC appropriations and costs financed by the U.S. Office of Personnel Management (OPM). The amount financed by OPM is recognized as an imputed financing source. Reporting amounts such as plan assets, accumulated plan benefits, or unfunded liabilities, if any, is the responsibility of OPM.

Liabilities for future pension payments and other future payments for retired employees who participate in the Federal Employees Health Benefits Program (FEHBP) and the Federal Employees Group Life Insurance Program (FEGLI) are reported by OPM rather than EEOC.

(l)     Workers’ Compensation

A liability is recorded for estimated future payments to be made for workers’ compensation pursuant to the Federal Employees’ Compensation Act (FECA). The FECA program is administered by the U.S. Department of Labor, (DOL) which initially pays valid claims and subsequently seeks reimbursement from federal agencies employing the claimants. Reimbursements to the DOL on payments made occur approximately 2 years subsequent to the actual disbursement. Budgetary resources for this intra-governmental liability are made available to the EEOC as part of its annual appropriation from Congress in the year that reimbursement to the DOL takes place. A liability is recorded for actual un-reimbursed costs paid by DOL to recipients under FECA.

Additionally, an estimate of the expected future liability for death, disability, medical and miscellaneous costs for approved compensation cases is recorded. The EEOC employs an actuary to compute this estimate using a method that utilizes historical benefit payment patterns related to a specific period to predict the ultimate payments related to the current period. The estimated liability is not covered by budgetary resources and will require future funding. This estimate is recorded as a future liability.

(m)  Contingent Liabilities

Contingencies are recorded when losses are probable, and the cost is measurable. When an estimate of contingent losses includes a range of possible costs, the most likely cost is reported, but where no cost is more likely than any other, the lowest possible cost in the range is reported.

(n)   Amounts Collected for Restitution

The courts directed an individual to pay amounts to the EEOC as restitution to several claimants named in a court case. These monies will be paid to claimants as directed by the courts.

(o)    Cost Allocations to Programs

Costs associated with the EEOC’s various programs consist of direct costs consumed by the program, including personnel costs, and a reasonable allocation of indirect costs. The indirect cost allocations are based on actual hours devoted to each program from information provided by EEOC employees.

(p)    Unexpended Appropriations

Unexpended appropriations represent the amount of EEOC’s unexpended appropriated spending authority as of the fiscal year-end that is unliquidated or is unobligated and has not lapsed, been rescinded or withdrawn.

(q)    Income Taxes

As an agency of the federal government, EEOC is exempt from all income taxes imposed by any governing body, whether it is a federal, state, commonwealth, local, or foreign government.

(r)    Use of Estimates

Management has made certain estimates and assumptions in reporting assets and liabilities and in the footnote disclosures. Actual results could differ from these estimates. Significant estimates underlying the accompanying financial statements include the allowance for doubtful accounts receivable, contingent liabilities and future workers’ compensation costs.

(2)   Fund Balance with Treasury

Treasury performs cash management activities for all federal agencies. The net activity represents Fund Balance with Treasury. The Fund Balance with Treasury represents the right of the EEOC to draw down funds from Treasury for expenses and liabilities. Fund Balance with Treasury by fund type as of September 30, 2008, and 2007 consists of the following:

FY 2008 FY 2007

Fund Type

 

 

 

 

 

Revolving funds

$

4,118,095

 

$

2,972,574

Appropriated funds

 

71,774,276

 

 

63,335,913

Other fund types

 

5,692

 

 

261,277

     Totals

$

75,898,063

 

$

66,569,764

The status of the fund balance is classified as unobligated available, unobligated unavailable, or obligated. Unobligated funds, depending on budget authority, are generally available for new obligations in the current year of operations. The unavailable amounts are those appropriated in prior fiscal years, which are not available to fund new obligations. The obligated, but not yet disbursed, balance represents amounts designated for payment of goods and services ordered but not yet received, or goods and services received, but for which payment has not yet been made.

The Fund Balance with Treasury includes items for which budgetary resources are not recorded, such as deposit funds and miscellaneous receipts. These funds are shown in the table below as a Non-budgetary Fund Balance with Treasury.

The undelivered orders at the end of the period consist of $33,115,913 and $34,695,607 for FY 2008 and 2007, respectively.

For fiscal years ended September 30, 2008 and 2007, funds in closed accounts of $2,285,066 and $1,772,220 were returned to Treasury.

Status of Fund Balance with Treasury as of September 30, 2008 and 2007 consists of the following:

FY 2008 FY 2007

Status of Funds

 

 

 

 

 

Unobligated balance:

 

 

 

 

 

     Available

$

1,336,965

 

$

845,639 

     Unavailable

 

8,699,983

 

 

8,046,266

Obligated balance not yet disbursed

 

65,855,423

 

 

57,416,582

Non-budgetary Fund Balance with Treasury

 

5,692

 

 

261,277

     Totals

$

75,898,063

 

$

66,569,764

(3)   Accounts Receivable, Net

Intra-governmental accounts receivable due from federal agencies arise from the sale of services to other federal agencies. This sale of services generally reduces the duplication of effort within the federal government resulting in a lower cost of federal programs and services. While all receivables from federal agencies are considered collectible, an allowance for doubtful accounts is sometimes used to recognize the occasional billing dispute. In FY 2008, this was not deemed necessary.

Accounts receivable due to EEOC from the public arise from enforcement or prevention and training services provided to public and private entities or state and local agencies. An analysis of accounts receivable is performed to determine collectibility and an appropriate allowance for uncollectible receivables is recorded. The allowance for accounts receivable is computed as follows: Accounts receivable between 365 days and 720 days old are computed at 50% and those older than 720 days years are calculated at 100%. Accounts receivable as of September 30, 2008, and 2007 are as follows:

 

FY 2008

 

 

FY 2007

Intra-governmental:

 

 

 

 

 

Accounts receivable (see detail below)

$

175,135

 

$

75,953

Allowance for uncollectible receivables

 

 

 

(851)

Totals

$

175,135

 

$

75,102

 

FY 2008

 

 

FY 2007

With the public:

 

 

 

 

 

Accounts receivable

$

331,980

 

$

269,993

Allowance for uncollectible receivables

 

(113,869)

 

 

(51,268)

Totals

$

218,111

 

$

218,725

Amounts due from various federal agencies are for accounts receivable as of September 30, 2008 and 2007. These are related to registered participants’ training fees due to the revolving fund and appropriated interagency agreements as shown in the table below:

 

FY 2008

 

 

FY 2007

Agency

 

 

 

 

 

Environmental Protection Agency

$

43,599

 

$

8,599

Department of Transportation

 

29,655

 

 

520

Executive Office of the President

 

18,120

 

 

Defense Agencies

 

16,073

 

 

165

Department of the Army

 

13,520

 

 

22,394

Department of Treasury

 

12,365

 

 

1,030

Department of Homeland Security

 

10,632

 

 

1,805

Department of Agriculture

 

5,580

 

 

4,080

Department of the Interior

 

4,470

 

 

2,974

Department of Education

 

3,700

 

 

1,850

Department of the Navy

 

3,625

 

 

4,025

National Labor Relations Board

 

3,525

 

 

Department of Justice

 

3,350

 

 

855

Department of State

 

2,025

 

 

Department of Labor

 

1,235

 

 

1,990

Department of Health and Human Services

 

1,220

 

 

335

Department of Veterans Affairs

 

696

 

 

696

Department of Housing and Urban Development

 

670

 

 

1,340

Securities and Exchange Commission

 

35

 

 

1,860

General Services Administration

 

 

 

3,000

Independent Agencies

 

 

 

1,900

Department of the Air Force

 

 

 

995

Other agencies

 

1,040

 

 

678

Subtotal revolving fund

 

175,135

 

 

61,091

Appropriated Funds (interagency agreements)

 

 

 

 

 

National Aeronautics and Space Administration

 

 

 

14,862

Subtotal appropriated funds

 

 

 

14,862

Totals

$

175,135

 

$

75,953

(4)   Property, Plant and Equipment, Net

Property, plant and equipment consist of that property which is used in operations and consumed over time. The following tables summarize cost and accumulated depreciation of property, plant and equipment.

As of September 30, 2008

 

Cost

 

 

Accumulated Depreciation

 

 

Net Book Value

Equipment

$

1,207,664

 

$

(784,396)

 

$

423,268

Capital leases

 

865,257

 

 

(656,968)

 

 

208,289

Internal use software

 

4,018,975

 

 

(4,018,975)

 

 

Leasehold improvements

 

2,924,120

 

 

(2,719,026)

 

 

205,094

Totals

$

9,016,016

 

$

(8,179,365)

 

$

836,651

 

As of September 30, 2007

 

Cost

 

 

Accumulated Depreciation

 

 

Net Book Value

Equipment

$

1,286,681

 

$

(854,077)

 

$

432,604

Capital leases

 

904,821

 

 

(513,893)

 

 

390,928

Internal use software

 

4,018,975

 

 

(3,643,952)

 

 

375,023

Leasehold improvements

 

 2,924,120

 

 

(2,350,866)

 

 

573,254

Totals

$

9,134,597

 

$

(7,362,788)

 

$

1,771,809

 

Depreciation expense for the periods ended September 30, 2008 and 2007 is:

 

FY 2008

 

 

FY 2007

$

1,054,161

 

$

1,205,074

(5)   Non-Entity Assets

The EEOC has $5,486 of net receivables to collect on behalf of the U.S. Treasury as of September 30, 2008 and $7,740 of net receivables to collect on behalf of the U.S. Treasury as of September 30, 2007. Cash collections of $138,018 were returned to Treasury on September 30, 2008, and $109,915 was returned to Treasury as on September 30, 2007, as instructed by Treasury.

(6)   Liabilities Owed to Other Federal Agencies

As of September 30, 2008 and 2007, the following amounts were owed to other federal agencies:

Agency:

 

FY 2008

 

 

FY 2007

General Services Administration

$

1,391,137

 

$

144,820

Department of Justice

 

114,105

 

 

114,105

Department of Homeland Security

 

86,461

 

 

Office of Personnel Management

 

74,787

 

 

Department of Interior

 

57,267

 

 

1,267

Department of the Treasury

 

43,325

 

 

Department of Health and Human Services

 

19,081

 

 

12,805

National Archives and Records

 

15,583

 

 

Department of Agriculture

 

10,200

 

 

5,950

Other agencies

 

8

 

 

Totals

$

1,811,954

 

$

278,947

(7)  Liabilities Not Covered by Budgetary Resources

Liabilities not covered by budgetary resources represent amounts owed in excess of available congressionally appropriated funds or other amounts.

Liabilities not covered by budgetary resources as of September 30 are shown in the following table:

 

FY 2008

 

 

FY 2007

Intra-governmental:

 

 

 

 

 

Accrued worker’s compensation

$

2,203,419

 

$

2,400,861

Total intra-governmental

 

2,203,419

 

 

2,400,861

Accrued annual leave

 

17,353,028

 

 

16,838,783

Worker’s compensation due in the future

 

10,095,229

 

 

9,422,646

Capital lease liability

 

244,527

 

 

434,122

Total liabilities not covered by budgetary resources

 

29,896,203

 

 

29,096,412

Total liabilities covered by budgetary resources

 

33,375,500

 

 

23,287,969

Total liabilities

$

63,271,703

 

$

52,384,381

The EEOC employs an actuary to determine the future workers’ compensation liability.

(8)   Liabilities Analysis

Current and non-current liabilities as of September 30, 2008 are shown in the following table:

 

 

Current

 

 

Non-Current

 

 

Totals

Covered by budgetary resources:

 

 

 

 

 

 

 

 

Intra-governmental:

 

 

 

 

 

 

 

 

Accounts payable

$

1,811,954

 

$

 

$

1,811,954

Payroll taxes

 

2,050,655

 

 

 

 

2,050,655

Due to Treasury

 

5,486

 

 

 

 

5,486

Total Intra—governmental

 

3,868,095

 

 

 

 

3,868,095

Accounts payable

 

21,131,474

 

 

 

 

21,131,474

Accrued payroll

 

8,293,380

 

 

 

 

8,293,380

Amounts collected for restitution

 

5,692

 

 

 

 

5,692

Unearned revenue

 

76,859

 

 

 

 

76,859

Liabilities covered by
budgetary resources

 


33,375,500

 

 

 

 


33,375,500

Liabilities not covered by budgetary resources:

 

 

 

 

 

 

 

 

Intra-governmental:

 

 

 

 

 

 

 

 

Worker’s compensation

 

1,054,223

 

 

1,149,196

 

 

2,203,419

Total Intra-governmental

 

1,054,223

 

 

1,149,196

 

 

2,203,419

Accrued annual leave

 

17,353,028

 

 

 

 

17,353,028

Actuarial worker’s compensation

 

 

 

10,095,229

 

 

10,095,229

Capital lease liability

 

146,560

 

 

97,967

 

 

244,527

Liabilities not covered by budgetary resources

 


18,553,811

 

 


11,342,392

 

 


29,896,203

Total liabilities

$

51,929,311

 

$

11,342,392

 

$

63,271,703


Current and non-current liabilities as of September 30, 2007 are shown in the following table:

 

 

Current

 

 

Non-Current

 

 

Totals

Covered by budgetary resources:

 

 

 

 

 

 

 

 

Intra-governmental:

 

 

 

 

 

 

 

 

Accounts payable

$

278,947

 

$

 

$

278,947

Payroll taxes

 

1,671,057

 

 

 

 

1,671,057

Due to Treasury

 

7,740

 

 

 

 

7,740

Total Intra-governmental

 

1,957,744

 

 

 

 

1,957,744

Accounts payable

 

14,212,309

 

 

 

 

14,212,309

Accrued payroll

 

6,856,639

 

 

 

 

6,856,639

Amounts collected for restitution

 

261,277

 

 

 

 

261,277

Liabilities covered by
budgetary resources

 


23,287,969

 

 

 

 


23,287,969

Liabilities not covered by budgetary resources:

 

 

 

 

 

 

 

 

Intra-governmental:

 

 

 

 

 

 

 

 

Worker’s compensation

 

1,054,223

 

 

1,346,638

 

 

2,400,861

Total Intra-governmental

 

1,054,223

 

 

1,346,638

 

 

2,400,861

Accrued annual leave

 

16,838,783

 

 

 

 

16,838,783

Actuarial worker’s compensation

 

 

 

9,422,646

 

 

9,422,646

Capital lease liability

 

189,685

 

 

244,437

 

 

434,122

Liabilities not covered by budgetary resources

 


18,082,691

 

 


11,013,721

 

 


29,096,412

Total liabilities

$

41,370,660

 

$

11,013,721

 

$

52,384,381

(9)   Contingent Liabilities

EEOC is a party to various administrative proceedings, legal actions and claims that may eventually result in the payment of substantial monetary claims to third parties, or in the reallocation of material budgetary resources. Any financially unfavorable administrative or court decision could be funded from either the various claims to judgment funds maintained by Treasury or paid by EEOC.  In FY 2008 and FY 2007 $0 and $0, respectively was recorded for contingent liabilities, which are the amounts considered probable and measurable by EEOC’s management and legal counsel. In addition for FY 2008, there is one claim for which it is reasonably possible that damages will be paid. This pending litigation is for overtime for which employees claim they were entitled. The estimated amount of this claim is between three million ($3,000,000) and seven million ($7,000,000). The chance of this claim succeeding is less than probable, but more than remote. The agency has and will continue to vigorously contest this claim. In the opinion of EEOC’s management, the ultimate resolution of pending litigation will not have a material effect on the EEOC’s financial statements.

(10) Leases

Capital Leases

The EEOC has several capital leases for copiers in the amount of $865,257 for FY 2008. These leases can be canceled without penalty. The future lease payments and net capital lease liability as of September 30, 2008 is as follows:

Fiscal Year

 

Future Payments

2009

$

171,043

2010

 

58,423

2011

 

58,423

2012

 

2013

 

Thereafter

 

Total future lease payments

 

287,889

Less: imputed interest

 

(43,362)

Net capital lease liability

$

244,527

None of the future lease payments are covered by budgetary resources.

Operating leases

The EEOC has several cancelable operating leases with the General Services Administration (GSA), for office space which do not have a stated expiration. The GSA charges rent that is intended to approximate commercial rental rates. Rental expenses for operating leases during FYs 2008 and 2007 are $26,563,033 and $26,021,773, respectively. The EEOC has estimated its future minimum liability on GSA operating leases by adding inflationary adjustments to the FY 2008 lease rental expense. Future estimated minimum lease payments, for five fiscal years under GSA as of September 30, 2008 are:

Fiscal Year

 

Estimated Payments

2009

$

29,300,000

2010

 

27,594,000

2011

 

28,284,000

2012

 

29,133,000

2013

 

29,861,000

Total

$

144,172,000

(11) Earned Revenue

The EEOC charges fees to offset costs for education, training and technical assistance. These services are provided to other federal agencies, the public, and to some State and Local agencies, as requested. In the chart below, the fees from services does not include intra-agency transactions. The Commission also has a small amount of reimbursable revenue from contracts with other federal agencies to provide on-site personnel. Revenue earned by the Commission as of September 30, 2008, and 2007 was as follows:

 

FY 2008

 

 

FY 2007

Reimbursable revenue

$

175,078

 

$

121,019

Fees from services

 

5,021,756

 

 

4,407,838

Total Revenue

$

5,196,834

 

$

4,528,857

(12) Correction of Errors

It was discovered during the reconciliation between the Fixed Asset System and the general ledger that a copier that had been leased in 2004 was not recorded in the general ledger. The correction below is to record the remaining portion of the capital lease liability as of September 30, 2008.

Cumulative Results of Operations

 

FY 2008

 

 

FY 2007

Reclassify principle payments on capital lease obligation


$


2,917

 

 


Totals

$

2,917

 

 

(13) Appropriations Received

Warrants received by the Commission as of September 30, 2008 and 2007 are:

 

FY 2008

 

 

FY 2007

$

329,300,000

 

$

328,745,219

There was no rescission for the warrant received by the EEOC for fiscal year September 30, 2008, and fiscal year ended September 30, 2007 was net of rescissions.

(14) Apportionment Categories of Obligations Incurred: Direct vs. Reimbursable Obligations

Direct and Reimbursable obligations were restated for FY 2007 for comparative purposes to FY 2008. They were also restated on the Combined Statement of Budgetary Resources for FY 2007.

Obligations

 

FY 2008

 

 

FY 2007

Direct A

$

301,205,348

 

$

300,287,453

Direct B

 

28,640,051

 

 

29,522,771

Subtotal Direct Obligations

 

329,845,399

 

 

329,810,224

Reimbursable—Direct A

 

4,975,151

 

 

4,463,911

Total Obligations

$

334,820,550

 

$

334,274,135

(15) Earmarked Funds (Permanent Indefinite Appropriations)

The Commission has permanent, indefinite appropriations from fees earned from services provided to the public and to other federal agencies. These fees are charged to offset costs for education, training and technical assistance provided through the revolving fund. This fund is an earmarked fund and is accounted for separately from the other funds of the Commission. The fund is used to pay the cost (including administrative and personnel expenses) of providing education, technical assistance and training by the Commission. Revenue is recognized as earned when the services have been rendered by the EEOC.

Balance Sheet as of September 30,

 

2008

 

 

2007

ASSETS

 

 

 

 

 

Fund balance with Treasury

$

4,118,095

 

$

2,972,574

Accounts receivable (net of allowance)

 

263,718

 

 

110,888

Advances and prepaid expenses

 

111,591

 

 

62,840

TOTAL ASSETS

$

4,493,405

 

$

3,146,301

LIABILITIES

 

 

 

 

 

Accounts payable

 

167,571

 

 

32,490

Deferred revenue

 

76,859

 

 

TOTAL LIABILITIES

 

244,430

 

 

32,490

NET POSITION

 

 

 

 

 

Cumulative results of operations

 

4,248,975

 

 

3,113,811

TOTAL LIABILITIES AND NET POSITION

$


4,493,405

 

$


3,146,301

Statement of Net Cost for the Period
Ended September 30,

 

2008

 

 

2007

Program Costs

$

4,934,523

 

$

5,042,652

Revenue

 

(6,069,687)

 

 

(4,994,226)

Net Cost (Revenue)

$

(1,135,164)

 

$

48,426

The Revenue includes $1,047,931 and $586,388 of intra-agency revenue for fiscal years ended September 30, 2008, and 2007, respectively, that is eliminated in the Principal Statements.

(16) Imputed Financing

OPM pays pension and other future retirement benefits on behalf of federal agencies for federal employees. OPM provides rates for recording the estimated cost of pension and other future retirement benefits paid by OPM on behalf of federal agencies. The costs of these benefits are reflected as imputed financing in the consolidated financial statements. The U.S. Treasury’s Judgment Fund paid certain judgments on behalf of the EEOC. Expenses of the EEOC paid or to be paid by other federal agencies at September 30, 2008 and 2007 consisted of:

FY 2008

 

 

FY 2007

Office of Personnel Management:

 

 

 

 

 

Pension expenses

$

6,856,778

 

$

7,205,337

Federal employees health benefits (FEHB)

 

9,783,585

 

 

10,453,072

Federal employees group life insurance (FEGLI)

 

30,722

 

 

29,911

   Subtotal OPM

 

16,671,085

 

 

17,688,320

Treasury Judgment Fund

 

131,964

 

 

54,786

Total Imputed Financing

$

16,803,049

 

$

17,743,106

(17) Intragovernmental Costs and Exchange Revenue:

 

FY 2008

 

 

FY 2007

Costs

 

 

 

 

 

Office of Personnel Management

$

46,341,576

 

$

41,397,487

General Services Administration

 

33,786,061

 

 

31,470,289

Social Security Administration

 

9,844,705

 

 

9,517,231

Federal Retirement Thrift Investment Board

 

5,268,598

 

 

5,012,752

Department of the Interior

 

4,465,135

 

 

3,617,539

Department of Homeland Security

 

1,732,863

 

 

Department of Transportation

 

1,126,024

 

 

647,169

Department of Labor

 

897,485

 

 

1,236,202

Department of the Treasury

 

475,442

 

 

59,612

Government Printing Office

 

304,549

 

 

253,419

Department of Health and Human Services

 

238,531

 

 

191,298

Library of Congress

 

101,972

 

 

38,213

National Archives and Records Administration

 

84,577

 

 

61,109

Other agencies

 

17,204

 

 

81,618

Intragovernmental Costs

 

104,684,722

 

 

93,583,938

Public costs

 

246,612,124

 

 

242,654,616

   Total Program costs

$

351,296,846

 

$

336,238,554

 

 

FY 2008

 

 

FY 2007

Revenue

 

 

 

 

 

Department of the Army

$

438,375

 

$

264,260

Department of the Navy

 

433,393

 

 

261,257

Department of Homeland Security

 

331,272

 

 

198,946

Department of Labor

 

315,251

 

 

175,619

Department of Transportation

 

216,697

 

 

130,628

Department of Interior

 

201,752

 

 

121,619

Environmental Protection Agency

 

201,752

 

 

121,619

Department of Commerce

 

122,047

 

 

73,572

Department of Justice

 

74,723

 

 

45,044

United States Postal Service

 

74,723

 

 

45,044

Department of Agriculture

 

67,251

 

 

40,540

Department of Veterans Affairs

 

67,251

 

 

40,540

Securities and Exchange Commission

 

37,361

 

 

22,522

Federal Maritime Commission

 

35,399

 

 

Department of the Treasury

 

22,417

 

 

13,513

Department of Education

 

9,125

 

 

National Aeronautics and Space Administration

 

 

 

29,724

Other Agencies

 

11,817

 

 

53

Intragovernmental earned revenue

 

2,660,606

 

 

1,584,500

Public earned revenue

 

2,536,228

 

 

2,944,357

   Total Program earned revenue (Note 11)

 

5,196,834

 

 

4,528,857

Net Cost of Operations

$

346,100,012

 

$

331,709,697

(18) Explanation of Differences between the Statement of Budgetary Resources and the Budget of the United States Government

The EEOC’s budget is allocated to Justice, Opportunity, and Inclusive Workplaces.

Information from the President’s Budget and the Combined Statement of Budgetary Resources for the period ended September 30, 2007 is shown in the following tables. A reconciliation is not presented for the period ended September 30, 2008, since the President’s Budget for this period has not been issued by Congress.

Dollars in millions President’s Budget FY 2007 actual
as of 9/30/07

 

Statement of Budgetary Resources FY 2007 as of 9/30/07 Estimated FY 2008 Estimated
FY 2009

Budgetary resources

$    329

 

$    344

$    329

$    342

Total new obligations

     328

 

     334

     329

     342

Total outlays

     323

 

     323

     330

     341

The differences between the President’s 2007 budget and the Combined Statement of Budgetary Resources for 2007 are shown below:

Dollars in millions

 

Budgetary Resources

 

Obligations

 

Outlays (g)

As reported on the Combined Statement of Budgetary Resources for FY 2007

 

  $       344

 

$        334

 

$       323

Revolving fund collections not reported in the budget


(a)

(6)

 

 

 

 

Obligations in the revolving fund and no-year fund not included in the President’s budget

(b)

 

 

(3)

 

 

Carry-forwards and recoveries in the revolving fund and no-year fund not included in the President’s Budget

(c)

(2)

 

 

 

 

Carry-forwards and recoveries in expired funds


(d)

(9)

 

 

 

 

Obligations in expired funds

(e)

 

 

(3)

 

 

Canceled appropriations

(f)

2

 

 

 

 

As reported in the President’s Budget for FY 2007

$      329

 

$      328

 

$     323


(a)  The EEOC’s revolving fund provides training and charges fees to offset the cost. The collections are reported on the Combined Statement of Budgetary Resources as a part of total budgetary resources, but are not reported in the President’s Budget.

(b)  The obligations incurred by the revolving fund and no year fund are not a part of the President’s Budget but are included in total obligations incurred in the Combined Statement of Budgetary Resources.

(c)  Revolving funds and no-year funds have carry-overs of unobligated balances and recoveries of obligations that are included in total resources on the Combined Statement of Budgetary Resources, but are not included in the President’s Budget.

(d)  Expired funds have carry-overs of unobligated balances and recoveries of obligations that are included in total resources on the Combined Statement of Budgetary Resources until they are canceled, but are not included in the President’s Budget.

(e)  New obligations in expired funds are shown as a part of obligations incurred on the Combined Statement of Budgetary Resources, but are not included in the President’s Budget.

(f)   Canceled appropriations are not shown in the President’s Budget, but are reported as a reduction to resources in the Combined Statement of Budgetary Resources.

(g)  All outlays, whether from current year funds, expired funds, revolving funds or special funds are included in the President’s Budget and on the Combined Statement of Budgetary Resources.

(19) Reconciliation of Net Cost of Operations to Budget as of September 30:

 

FY 2008

 

 

FY 2007

Resources used to finance activities

 

 

 

 

 

Budgetary Resources Obligated:

 

 

 

 

 

Obligations incurred

$

334,820,550

 

$

334,274,135

Less: Spending authority from offsetting collections

 

(6,415,500)

 

 

(5,115,244)

Less: Spending authority from recoveries

 

(2,535,159)

 

 

(3,402,528)

Net obligations

 

325,869,891

 

 

325,756,363

Other Resources:

 

 

 

 

 

Imputed financing from costs absorbed by others

 

16,803,049

 

 

17,743,106

Total resources used to finance activities

 

342,672,940

 

 

343,499,469

 

 

 

 

 

 

Resources used to finance items not part of the net cost of operations:

 

 

 

 

 

Change in budgetary resources obligated for goods, services and benefits ordered but not yet provided.

 


(1,579,694)

 

 


12,711,617

Resources that fund expenses recognized in prior periods

 

197,442

 

 

622,351

Resources that finance the acquisition of assets

 

119,003

 

 

65,304

Principal payments on capital leases

 

192,512

 

 

198,027

Total resources used to finance items not part of the net cost of operations

 


(1,070,737)

 

 


13,597,299

Total resources used to finance the net cost of operations

 

343,743,677

 

 

329,902,170

 

 

 

 

 

Components of the net cost of operations that will not require or generate resources in the current period:

 

 

 

 

 

Components requiring or generating resources in future periods:

 

 

 

 

 

Increase in annual leave liability

 

514,245

 

 

403,369

Increase in accounts receivable from the Public

 

(22,396)

 

 

Increase in worker’s compensation

 

 

 

11,710

Increase in deferred revenue

 

76,859

 

 

Total components requiring or generating resources in future periods

 

568,708

 

 

415,079

Components not requiring or generating resources:

 

 

 

 

 

Depreciation

 

1,054,161

 

 

1,205,074

Revaluation of assets or liabilities

 

 

 

10,872

Other components that do not require or generate resources

 

733,466

 

 

176,502

Total components of net cost of operations that will not require or generate resources.

 


1,787,627

 

 


1,392,448

Total components of net cost of operations that will not require or generate resources in the current period.

 


2,356,335

 

 


1,807,527

 

 

 

 

 

 

Net cost of operations

$

346,100,012

 

$

331,709,697


This page was last modified on November 26, 2008.

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