U.S. Equal Employment Opportunity Commission

PART I
EMPLOYMENT OF MINORITIES, WOMEN, AND PEOPLE WITH DISABILITIES

A. BACKGROUND AND STATUTORY AUTHORITY

The landmark civil rights legislation outlawing discrimination based on race, color, religion, gender and national origin remains the Civil Rights Act of 1964. Since its passage, a number of significant statutes and Executive Orders have established the legal foundation for federal agencies in the areas of equal employment opportunity (EEO) and affirmative employment. Because of these laws and regulations, federal agencies have an affirmative obligation to ensure non-discrimination as a condition of compliance with Section 717 of Title VII of the Civil Rights Act of 1964 (Title VII) and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act) relating to equal employment opportunity in the federal government.

Title VII prohibits discrimination with regard to any personnel action, or term, condition, or privilege of employment, based upon race, color, sex, national origin, or religion. Section 717 of Title VII provides:

(a) All personnel actions affecting employees or applicants for employment . . . in the federal government . . . shall be made free from any discrimination based on race, color, religion, sex, or national origin.

(b) Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission shall have authority to enforce the provisions of subsection (a).

Title VII also requires the EEOC to oversee the affirmative program of EEO and to be responsible for the review and evaluation of the operation of all agency equal opportunity programs, including progress reports from each such department or agency.

The Rehabilitation Act prohibits discrimination against qualified individuals with disabilities on the basis of their disability. It also requires affirmative employment plans for the hiring, placement, and advancement of individuals with disabilities within the federal government. The standards of the Americans with Disabilities Act of 1990 (ADA), which also prohibits discrimination against individuals with disabilities, apply to the federal government through the Rehabilitation Act.

In addition to the laws and regulations prohibiting discrimination on the basis of race, color, sex, national origin, religion, age, disability, and retaliation (for engaging in protected EEO activity), the federal government acts pro-actively in the area of affirmative employment. Federal agencies submit annual reports to the EEOC regarding their Affirmative Employment Programs (AEP). An AEP addresses efforts and accomplishments in recruitment, promotions, training, hiring, and other advancement opportunities.

Although Title VII grants the EEOC oversight authority, many executive branch agencies - including the Office of Personnel Management (OPM), Merit Systems Protection Board (MSPB), and the Departments of Justice and Labor - have shared responsibility for establishing, overseeing, and enforcing the federal civil rights laws and affirmative employment programs.

Federal agencies report to the OPM the results of their Federal Equal Opportunity Recruitment Program (FEORP) activities. FEORP was established under the Civil Service Reform Act of 1978. It requires agencies to maintain equal opportunity recruitment programs.

B. SCOPE AND METHOD

The EEOC is issuing this report as part of its responsibility for the review and evaluation of the operation of all agency EEO programs. This report is based on the submissions of 111 agencies and covers most of the federal work force.

More specifically, the current federal work force data(1) in this section of the report come from the annual reports filed by federal agencies and the OPM's Central Personnel Data File (CPDF).(2) The Civilian Labor Force (CLF) (3) for 1990 were derived from the 1990 census. The EEOC used the CLF data to produce Census Availability Data (CAD). The EEOC provided federal agencies with the availability data to be used for comparing the federal agency participation rates with the relevant labor force.

The EEOC used the CAD to evaluate federal agencies' progress in ensuring equal employment opportunities. The CAD was also used in reviewing the agencies' annual accomplishment reports, using the current five standard PATCO categories.(4)

This part of the report analyzes total work force data generated by combining CPDF information and work force information from non-CPDF agencies with 500 or more employees.

The Federal Work Force

FY 1993 v. FY 2002

Figure I-A


C. TOTAL WORK FORCE SUMMARY

1. GENERAL TREND

Participation Rate of People with Targeted Disabilities

Percentage Change from FY 1993 to FY 2002

Figure I-B

2. PARTICIPATION RATES

3. DISTRIBUTION OF WORKERS AMONG FEDERAL AGENCIES

Work force participation rates vary considerably by agency. The data show wide differences in the participation rates of certain groups among executive departments and independent agencies with 500 or more employees.

Distribution Across Grades

Figure I-C


D. GRADE AND PAY

SENIOR PAY LEVEL

The Civil Service Reform Act of 1978 established the Senior Executive Service (SES) as a separate personnel system covering a majority of the top managerial, supervisory, and policy-making positions in the Executive Branch of government. The Senior Pay Level (SPL) represents less than one percent of the total federal white collar work force. SPL positions include the SES, Executive Service, Senior Foreign Service, and other employees earning salaries above grade 15 of the General Schedule.

a. Race/Ethnicity
b. Gender
c. People with Disabilities

2. WHITE COLLAR PAY GRADES

a. Race/Ethnicity

Average Grade By Race/National Origin

FY 1993 - FY 2002

Figure 1-D

b. Gender
c. People with Disabilities

3. BLUE COLLAR EMPLOYMENT


1. Specific analyses by grade, white collar, and blue collar groupings exclude the Army and Air Force Exchange Service, the Tennessee Valley Authority, and the U.S. Postal Service. These agencies were included in some analyses of total federal employment.  References to blue collar employment refer to the Federal Wage Grade Systems.

2. CPDF is an automated file created by the OPM.  The file is based on personnel action information submitted directly to the OPM by federal agency appointing offices, and is updated monthly.  The Standard Form 50, "Notification of Personnel Action," is the basic source of input to the CPDF.  The CPDF does not include data for the Army and Air Force Exchange Service, Tennessee Valley Authority, or the U.S. Postal Service (these agencies make up approximately 30% of the federal work force). The Central Intelligence Agency, Defense Intelligence Agency, National Imagery and Mapping Agency, and National Security Agency are not included in the CPDF per statutory mandate.

3. The CLF includes all persons, 16 years of age or older, excluding those in the Armed Forces, who were employed or seeking employment. For example, white collar CLF data describes employees and persons seeking work and have been differentiated into five categories to match the current PATCO categories (see note 4, below). The PATCO CLF data were derived by the EEOC from the 1990 Census by matching each of the approximately 420 federal occupational series with the appropriate counterpart employment occupations in the Census occupation listing. The white collar CLF data excluded census categories of sales worker, craft workers, operatives, and laborers.

4. During the 1970s, the former Civil Service Commission (now the OPM) created and defined five employment categories - Professional, Administrative, Technical, Clerical, and Other (PATCO) - by which federal agencies could group occupational series for various purposes (e.g., coverage under the Fair Labor Standards Act). These categories, still used in many areas of federal personnel administration, are a key element in the CPDF. For more specific definitions of the PATCO categories, see Appendix I: Glossary/Definitions.

5. Nine categories of severe disabilities were targeted for emphasis in affirmative employment programs for people with disabilities.  These targeted disabilities and the applicable codes on Standard Form 256, Self-Identification of Reportable Handicap, are:  deafness (16,17), blindness (23,25), missing extremities (28,32-38), partial paralysis (64-68), complete paralysis (71-78), convulsive disorders (82), mental retardation (90), mental illness (91), and distortion of limbs and/or spine (92).  Standard Form 256 is a voluntary self-identification form developed by the OPM and used to identify and track the number of employees with disabilities and the types of disabilities that were represented in the federal government work force. Many employees elect not to complete this form.


This page was last modified on June 26, 2003.

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