Home > Electronic Reading Room > Document Collections > Commission Documents > Commission Papers (SECY) > 2003 > SECY-03-0203

POLICY ISSUE
INFORMATION

SECY-03-0203

November 20, 2003

• PURPOSE
• BACKGROUND
• DISCUSSION
• Enhanced Management Accountability
• EEO Complaint Activity Including Use of ADR
• Long Term Strategy to Diversify Supervisory and Management Corps
• Performance Appraisal and Age
• New Initiatives In The Areas of EEO & Diversity Objectives
• Summary and Challenges

PURPOSE:

To inform the Commission of the status of the Equal Employment Opportunity (EEO) Program at the Nuclear Regulatory Commission (NRC).

BACKGROUND:

The Energy Reorganization Act of 1974, as amended, requires the NRC Executive Director for Operations (EDO) to report to the Commission, at semi-annual public meetings, on the problems, progress, and status of the Agency's Equal Employment Opportunity (EEO) Program. For the next briefing, scheduled for December 9, 2003, the staff will provide a status of progress and significant issues addressed since the last briefing on May 29, 2003. The discussion will focus on four areas related to the Agency's EEO program: (1) enhanced management accountability; (2) EEO complaint activity, including use of alternative dispute resolution (ADR); (3) diversity strategies for senior level positions; and (4) performance appraisal and age. The impact of new requirements and challenges in achieving EEO goals will also be discussed.

Accomplishments of the program will include a discussion of activities/data through September 30, 2003, based on the following four guiding principles in the NRC's Affirmative Employment Plan (AEP): (1) create a discrimination-free work environment; (2) ensure that agency policies, processes, and procedures provide employees the opportunity to participate in the Agency's mission and enable fair and equitable competition for career enhancement and advancement; (3) employ a competent, highly skilled, and diverse workforce in a positive work environment; and (4) recognize and value diversity, thereby demonstrating trust, respect, and concern for the welfare of all employees within the Agency.

Following the last briefing on May 29, 2003, the Commission requested, through a Staff Requirements Memorandum (SRM) dated June 16, 2003, that the staff provide information or status on six issues:

1. The programs available or planned for enhancing training opportunities that enable long term employees to enhance their careers and improve their skills.

2. The exact number of women and minorities in the technical positions and a breakdown of those numbers by offices.

3. What courses in EEO and managing diversity have been offered by NRC? How many of our current managers and supervisors have attended? What is the plan and the timetable for those managers and supervisors who have not attended courses on EEO and managing diversity so that they are properly trained to carry out their EEO responsibilities as stipulated in their performance plans?

4. A review of recent performance appraisal information and opportunities for employees over age fifty.

5. The Commission encouraged the staff to develop appropriate measures to determine the extent to which the agency's EEO initiatives are achieving their intended objectives.

6. The Commission also encouraged the staff to consider all the institutions that serve large minority student populations for NRC recruitment and to develop a legislative initiative with regard to connecting the agency better with minority serving institutions in order to build a larger recruiting base.

SRM items 1, 2, 3, 4, and 6 were addressed in our responses dated August 12, 2003, August 21, 2003, and October 20, 2003. A copy of the SRM and our responses are provided in Attachment 1 . Item 5 is addressed in this paper under Management Accountability.

This report includes EEO Workforce Profile Data by grade, ethnicity, gender, occupation, and age for Fiscal Year (FY) 1999 - FY 2003 (Attachment 2 ); a joint statement from the five EEO Advisory Committees (African American Advisory Committee, Hispanic Employment Program Advisory Committee, Federally Employed Women Advisory Committee, Asian Pacific American Advisory Committee, Committee on Age Discrimination); and a statement from the Joint Labor Management Equal Employment Opportunity Committee (Attachment 3 ).

DISCUSSION:

Enhanced Management Accountability

Creating a discrimination-free workforce is an on-going objective that requires continuous focus. Existing strategies include: practicing sound management and leadership in support of effective communication, team-building, inclusion, and respect; embracing diverse approaches to problem solving, leading to continuous improvement and innovation; and facilitating early resolution of issues.

Managers will continue to play a lead role in formulating and implementing these strategies and will continue to be provided with tools to assist them in these efforts. Since the last briefing, a team consisting of the major Executive Director for Operations (OEDO) offices was established to develop a new Senior Executive Service (SES) performance management system. The revised system strengthens the emphasis on management accountability in all aspects, including EEO and diversity management, with such "key leadership attributes" as building diversity (i.e., promoting, developing, applying, and evaluating approaches to achieving and maintaining workforce diversity and positive workforce relations), coaching, motivating, and mentoring.

The establishment of EEO and diversity performance measures will also strengthen the emphasis on management accountability in EEO and diversity management. The Office of Small Business and Civil Rights convened a diverse task force composed of senior executives, and technical, administrative, legal, and clerical staff to develop EEO and diversity performance measures. These proposed measures are designed to assist managers in achieving goals that help foster a work environment that is free of discrimination and provide optimal opportunities for all employees to use their talents in support of the Agency's mission. The Task Force proposed three goals: (1) increase pipeline of highly skilled, talented, and diverse individuals for senior positions; (2) recruit diverse employees at all levels; and (3) develop and retain diverse employees by promoting an environment that values differences. Measures to achieve these goals will be linked to the Agency's Strategic Plan, Affirmative Employment Plan, and the proposed new SES performance plan, and support expected outcomes of the agency's EEO and diversity process. The goals are being finalized for senior management review.

Formal training also serves as a tool to assist managers and supervisors. Currently, the agency offers a 2-day course entitled EEO & Diversity for Supervisors and Managers, which is mandatory for new managers and supervisors. To date, 222 (43%) of the 509 NRC managers and supervisors (including 164 Team Leaders) have completed the 2-day course. Additionally, 182 (36%) of the 509 managers and supervisors have completed a managing diversity course and 105 (21%) have not completed any EEO and diversity training. Beginning in FY 2004, the 2-day course will continue to be mandatory for new supervisors and managers, and a new

1-day EEO & Diversity for Managers and Supervisors course will be mandatory for those managers, supervisors, and team leaders (287) who have not taken the 2-day course. To accommodate training for this group, approximately 14 sessions of the 1-day course will be conducted during FY 2004 and FY 2005.

Employees also have a responsibility to assist management in successfully managing diversity. To enhance employee understanding of the concept of managing diversity, Small Business & Civil Rights (SBCR) conducted seven managing diversity sessions for employees in regional and headquarters offices. The importance of EEO accountability among managers and supervisors continues to be emphasized by senior managers, including discussion at Senior Management Meetings. During the October 2003 Senior Management Meeting, the EDO highlighted the goals and objectives of the agency's revised Strategic Plan to include management accountability, feedback, employee development, and EEO and diversity expectations. Also during this meeting, the Director of SBCR highlighted the major goals and objectives of the agency's EEO and diversity initiatives, and discussed new EEO and diversity requirements enacted by law and by the Equal Employment Opportunity Commission (EEOC). Elements of managing, leading and fostering change in support of the agency's mission are included among the proposed five goals of the Plan (Safety, Security, Openness, Effectiveness, and Management Excellence). These new requirements are discussed in more detail in this paper. With proper management tools, enhanced management accountability, and strong support for EEO and diversity management objectives, a highly qualified and diverse workforce in a supportive environment will be achieved.

EEO Complaint Activity Including Use of ADR

The ADR process continues to be offered to employees as an option for resolving informal and formal allegations of discrimination. The data below depicts informal and formal complaint activity for FY 2002 and for FY 2003.

Our rate of success in bringing EEO complaints to closure continues, resulting in 21 closures by mid-year to a total of 40 closures by the end of FY 2003. Cooperative efforts of complainants, managers, EEO counselors, mediators, SBCR staff, and members of the Office of the General Counsel and the Office of Human Resources continue to enhance our ability to resolve potential allegations of discrimination.

Long Term Strategy To Diversify Supervisory and Management Corps

NRC is committed to diversifying its SES corps consistent with workforce and executive succession planning strategies. The agency initiated formal management and leadership development programs such as the Leadership Potential Program (LPP) and the SES Candidate Development Program (SES CDP) to accomplish this objective. These actions are consistent with recent General Accounting Office (GAO) recommendations to be considered by all Federal agencies. Recent developmental program activity and status are as follows:

2003 Leadership Potential Program (LPP) Selectees

25 selections: 6 (24%) African Americans, 2 (8%) Hispanics, 3 Asians (12%), 5 (20%) white women, and 9 (36%) white men

2002 Leadership Potential Program (LPP) Graduates

40 graduates: 9 (22%) African Americans, 4 (10%) Asians, 3 (7%) Hispanics, 1 (3%) Native American, 10 (25%) white women, and 13 (33%) white men; 26 selected or placed in team leader or supervisory positions: 4 Asians, 3 African Americans, 2 Hispanics, 1 Native American, 5 white women, and 11 white men.

2002-2003 SES Candidate Development Program (SES CDP) Selectees

22 selections: 2 (9%) African Americans, 1 (5%) Asian, 6 (27%) white women, 13 (59%) white men; 12 placed in SES positions: 1 African American, 3 white women, and 8 white men.

The agency maintains a strong and successful recruitment initiative to attract highly qualified and diverse women and minority applicants at the entry level. In FY 2003, a total of 71 entry level/interns were hired: 58 engineers and scientists, and 13 other entry level/interns. Of the total number hired, 33 (47%) are minorities, 13 (18%) are white women, and 25 (35%) are white men. The results of these efforts continue to enhance overall representation at the NRC.

Diversity at the higher levels requires creative strategies at intervening levels. To accomplish this, the agency has enhanced its efforts to attract experienced employees, expand the pool of minorities and women in the GG-13 through GG-15 pipeline, and diversify the SES corps. Strategies to accomplish this goal include use of diverse recruitment teams, targeted recruitment, developmental programs and mentoring. As a result in FY 2003, a total of 154 experienced employees (grades GG-12 thru GG-15) were hired: 84 engineers and scientists and 70 other. Of the total number hired 34 (22%) are minorities, 19 (12%) are white women, and 101 (66%) are white men.

During FY 2003, diverse teams of managers and staff participated in over 70 recruitment events, and conducted information sessions/classroom presentations at 11 targeted institutions. Active liaison with professors, students, and representatives of professional organizations will continue to assist in enhancing awareness of NRC as the employer of choice for a diverse group of highly qualified individuals. It is anticipated that the results of these collective efforts will significantly assist in building and maintaining a diverse workforce at NRC at all levels.

Significant progress in diversifying the management corps, however, will be a longer term process. Highlights of demographic trends for senior level positions covering a five year period (FY 1999 - FY 2003) show the following:

SES:

African Americans decreased from 9 to 8

Asians increased from 4 to 6

White women increased from 15 to 19

White men increased from 110 to 111

Hispanics remained the same at 2

Native Americans are zero

SENIOR LEVEL:

Asians increased from 4 to 5

Hispanics increased from 1 to 2

African Americans increased from 0 to 1

White women increased from 9 to 10

White men increased from 35 to 53

Native Americans are zero

NON-SES SUPERVISORS AND MANAGERS:

African Americans decreased from 18 to 17

Asians increased from 9 to 13

Hispanics increased from 5 to 8

White women increased form 27 to 33

White men increased from 122 to 127

Native Americans are zero

TEAM LEADERS:

Asians decreased from 7 to 4

African Americans increased from 13 to 19

Hispanics increased from 1 to 3

White women increased from 21 to 26

White men increased from 93 to 112

Native Americans are zero

Additional details are provided in Chart 2, under EEO Workforce Data.

Performance Appraisal and Age

During the last EEO briefing, the EDO indicated that SBCR would conduct a study to determine if there is a correlation between performance appraisal ratings and age. Dan Lurie, an agency statistician, conducted the study (FY 1988 - FY 2000) and the results were provided in our SRM response dated October 20, 2003 (Attachment 1 ). The basic conclusions indicate: 1) employees who received " fully successful" or better performance appraisal ratings (average age 47) were, on the average, 12 years younger than employees who received "minimally successful" (average age 59); 2) employees who received "outstanding," on the average, were 3 years younger than all other employees appraised; and 3) as some employees got older their performance ratings decreased. The cause for any of the findings cannot be determined from the study, however, to enhance sensitivity to the age related concerns, managers and supervisors will continue to be reminded to evaluate employees fairly and appraise performance based on objective standards.

New Initiatives In The Areas of EEO & Diversity Objectives

Recently, EEOC issued management directives and has outlined new EEO guidance and standards related to affirmative programs for EEO, affirmative actions under the Rehabilitation Act, and reporting requirements. While these new requirements may pose additional workload challenges, their implementation will enhance NRC's ability to meet its EEO and diversity objectives. The new No Fear Act requires Federal agencies to notify employees and applicants for employment about their rights and responsibilities under the discrimination and whistle blower protection laws, and provide managers training in managing diversity, dispute resolution and communications. As stated earlier in this paper, management training in these areas is mandatory.

The new Equal Employment Opportunity 715 Management Directive requires demonstrated senior management commitment, integration of EEO and diversity into the agency's strategic mission and enhanced management accountability. The EEOC will provide guidance on implementation in the near-term.

Executive Order 13166 (Improving Access To Services For Persons With Limited English Proficiency) requires agencies to take reasonable steps to ensure that Limited English Proficiency (LEP) individuals in the United States are provided meaningful access to programs conducted by federal agencies and entities receiving financial assistance from the Government. Identifying reasonable measures to ensure this will involve consideration of the number or proportion of LEP individuals affected by the federal activity or program, frequency of contact between LEP individuals and the program activity, and nature/importance of the agency program and program resources available to provide access for LEP individuals. The diversity of industry professionals, organizations and the public with whom we interact has increased. It is NRC's responsibility to ensure that we have systems and processes in place to communicate appropriately with all stakeholders. SBCR has the lead on this initiative which will involve the translation of selected documents and inclusion of needed LEP information on public meeting notices, as appropriate. SBCR is currently preparing the draft guidance for senior management review. Upon approval, SBCR will work with individual offices and the Department of Justice (the lead agency in the LEP program) to identify best practices that meet the requirements of the LEP program in the most cost effective manner possible.

Summary and Challenges

Implementation of new and existing EEO, affirmative employment and diversity initiatives has resulted in a more diverse NRC workforce overall and has placed additional emphasis on creating and maintaining a diverse and highly qualified workforce in a positive work environment. However, more still needs to be done. Since the last EEO Briefing, management implemented several strategies to achieve this objective. These strategies include 1) enhanced managerial accountability in the new SES performance plan that is being developed; 2) mandatory EEO and diversity training for new and existing managers, supervisors and team leaders provide tools necessary to enhance understanding of EEO and diversity management; 3) focused recruitment efforts to increase the pool of potential internal and external minority candidates at entry, mid-level, and SES; 4) use of the LPP and SES CDP programs to provide a pool of diverse and highly qualified graduates available for selection and placement in supervisory and SES positions; and 5) linkage of EEO and diversity measures to the agency's Strategic Plan, SES Performance Plan, Affirmative Employment Plan, and the EEO and Diversity goals.

With continued success in these areas, we still face some challenges. While the Nuclear Safety Intern Program (NSIP)has consistently increased diversity overall in the workforce, it will take some time before these graduates can be eligible for SES positions. The continuing diversity of the NSIP will contribute to future progress in this area. Continuing strategies to increase diversity in the pipeline, develop and retain employees, and attract women and minority candidates for mid and senior level positions will help to increase diversity in mid-level and SES positions.

Management and staff commitment to diversity management principles and an emphasis on EEO and diversity goals and measures will enhance understanding and improve communications among the staff and external stakeholders, to build an organization based on acceptance of differences and trust. In addition, EEOC guidance (MD 715, No Fear Act, and Limited English Proficiency) will contribute to the agency's focus on EEO and diversity goals and measures. NRC's future organizational strength will be improved by attracting, developing and retaining the most talented and diverse staff. Our continued success in achieving this goal lies in our individual efforts to make NRC the employer of choice for our employees and highly qualified applicants.

Privacy Policy | Site Disclaimer
Thursday, February 22, 2007