The U.S. Equal Employment Opportunity Commission

U.S. Department of Health and Human Services (HHS)

Permanent Workforce: 52,194 Temporary Workforce: 11,375 Total Workforce: 63,581

Workforce Composition

Employee Pool Total # Men Women Hispanics Whites Blacks Asian Americans / Pacific Islanders American Indians / Alaskan Natives
Permanent Workforce 52,194 39.27% 60.73% 3.54% 55.87% 16.8% 7.19% 16.58%
Major Occupations                
Medical Officer 4,650 66.43% 33.57% 4.17% 77.14% 5.53% 11.46% 1.7%
Nurse 3,267 9.86% 90.14% 3.09% 55.04% 5.36% 2.57% 33.95%
Information Technology Mgt. 2,512 58.04% 41.96% 2.79% 64.13% 17.24% 8.16% 7.68%
GS-14 and GS-15* 10,768 51.82% 48.18% 3.01% 77.34% 9.92% 7.19% 2.54%
Senior Pay Level* 2,102 71.56% 28.44% 2.66% 83.06% 5.28% 8.03% 0.95%
First-Level Officials/Managers 1,140 27.81% 72.19% 1.32% 30.09% 8.25% 1.23% 59.12%
Mid-Level Officials/Managers 2,330 50.34% 49.66% 2.92% 71.29% 13.95% 4.03% 7.81%
Senior Level Officials/Managers 3,430 61.31% 38.69% 2.45% 82.39% 8.16% 4.69% 2.3%

*Does not include pay-banded employees

Targeted Disabilities

Employees with targeted disabilities represented 0.99% of the total government workforce in FY 2004, and of agencies with a permanent workforce of 500 or more, the Equal Employment Opportunity Commission, at 2.23%, had the highest percentage of employees with targeted disabilities. At HHS, employees with targeted disabilities represented 1.02% of the total workforce.

EEO Complaint Processing

  1. Counseling

    There were 470 instances of pre-complaint counseling (performed by EEO counselors and/or ADR intake officers). HHS timely processed 73.8% of the total number of counselings. Following counseling, 244 formal complaints of discrimination were filed.

  2. Alternative Dispute Resolution

    Of HHS' 470 instances of counseling, ADR was offered 73.8% of the time; the parties elected to participate in 28.3% of the completed counselings; and 42.8% of the ADR closures were resolved through settlements or withdrawals.

    At the formal complaint phase, HHS offered ADR 5.6% of the time; the parties elected to participate in 3.5% of the complaint workload; and 50% of the ADR closures were resolved through settlements or withdrawals.

  3. Processing Times

    HHS completed 80% of its investigations within the regulatory time frames, with an average processing time of 170 days for all investigations. In most instances, the

    regulations require completion of investigations within 180 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority was the only agency to complete 100% of their investigations within the regulatory time frames, with an average processing time of 117 days.

    HHS' average processing time for all complaint closures decreased from 564 days in FY 2003 to 510 days in FY 2004. The government-wide average was 469 days.

  4. Pending Inventory

    HHS had a total of 307 complaints pending at the end of FY 2004, with 5 pending acknowledgment for an average of 36 days; 85 pending investigation for an average of 124 days; and 83 pending the issuance of final decisions for an average of 550 days.

  5. Costs

    HHS agreed to pay $115,166 for 43 counseling settlements with benefits, an average $2,678.27 per counseling settled.

    HHS agreed to pay a total of $1,465,486 for 74 complaint closures through settlement agreement, final agency decision, and final agency orders fully implementing AJ decisions. For complaint closures with benefits, the average award (including back/front pay, compensatory damages, attorney's fees, and lump sum payments) was $19,803.

    HHS expended a total of $534,883 for 153 complaint investigations, for an average expenditure of $3,496.

Outcome of Counselings Completed in FY 2004

Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Total Instances of Counseling: 325   145   470  
Settlements 7 2.15% 36 24.82% 43 9.14%
Withdrawal/no Complaint Filed 158 48.6% 26 17.9% 184 39.14%
Complaints Filed*         217 46.17%
Decision to File Complaint Pending at End of Fiscal Year         26 5.53%

*Includes only complaints filed in FY 2004 where counseling was also completed during FY 2004.

Agency Use of ADR for EEO Dispute Resolution

Counselings / Complaints ADR Offers ADR Participation
# # % # %
FY 2003 Pre-Complaint Counselings 541 309 57.00% 126 23.00%
FY 2004 Pre-Complaint Counselings 470 347 73.83% 133 28.30%
Percentage Change FY 2003 to FY 2004 -13.12% 12.29%   5.55%  
FY 2003 Complaints* 666 43 6.00% 34 5.00%
FY 2004 Complaints* 577 32 5.55% 20 3.47%
Percentage Change FY 2003 to FY 2004 -13.36% -25.58%   -41.17%  

*Includes all complaints filed in the fiscal year, including those where the counseling was completed in the prior fiscal year.

Timeliness

Total # # Timely % Timely FY 2003 APD* FY 2004 APD % Change
All Counselings (minus remands) 470 347 73.82%      
All Investigations 153 122 79.73% 178 170 -4.49%
Merit Decisions (no AJ) 45 1 2.22% 795 604 -24.02%
Dismissal Decisions 68     171 171 0.00%

*APD = Average Processing Days

Outcomes of Complaints Closed in FY 2004

Complaint Outcomes Complaint Closures Final Agency Decision (no AJ decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
Total Closures (270) # % # % # % # %
Settlements 70 25.92%            
Withdrawals 36 13.33%            
Dismissals 68 25.18%            
Merit Decisions 96 35.55%            
Finding Discrimination 5 5.20% 1 20.00% 3 60.00% 1 20.00%
Finding No Discrimination 91 94.79% 44 48.35% 47 51.64% 0 0.00%


This page was last modified on May 3, 2005.

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