U.S. Equal Employment Opportunity Commission
FY 2000 Annual Performance Report

Table of Contents

CHAIRWOMAN'S INTRODUCTION

GOALS AND MEASURES

COMPREHENSIVE ENFORCEMENT OF EEO LAWS

Strategic Goal 1

Enforce Federal Civil Rights Employment Laws Through a Comprehensive Enforcement Program.

PREVENTION OF EMPLOYMENT DISCRIMINATION

Strategic Goal 2

Promote Equal Opportunity in Employment through Education and Technical Assistance.

IMPROVING SERVICE TO THE PUBLIC THROUGH EXECUTIVE DIRECTION AND SUPPORT

Strategic Goal 3

Enhance agency effectiveness to achieve our mission and strategic goals by providing executive direction and support and building institutional knowledge.

VERIFICATION AND VALIDATION

PROGRAM EVALUATION

APPENDIX

Compilation of Fiscal Years 1999 And 2000 Measures

Chairwoman's Introduction

This is our second Annual Performance Report under the Government Performance and Results Act of 1993. We have been able to continue our successes from fiscal year 1999. This has been a great accomplishment by all of our dedicated staff in every office throughout the United States.

Since I became Chairwoman of the U.S. Equal Employment Opportunity Commission in October 1998, we have been implementing an innovative agenda to increase the fairness, quality, effectiveness, and efficiency of all aspects of agency operations. We have focused on expanding outreach, education and technical assistance to a broad range of stakeholders to ensure that EEOC is the nation's premier civil rights enforcement agency. In particular, we placed special emphasis on reaching out to small businesses and under-served minority communities to promote understanding and voluntary compliance with the laws enforced by the Commission. Although we sought to prevent discrimination in the first instance, we pursued fair and vigorous enforcement against those who violated workplace anti-discrimination laws.

EEOC has embraced a new vision and work strategy that has won the respect and praise of many who have criticized the agency in the past. The Commission has been on the cutting edge of enforcing the nation's anti-discrimination laws through a dynamic comprehensive enforcement approach. Our accomplishments have been embodied in quality settlements, major conciliations, inventory reduction, mediation, reductions in average processing time, significant trial victories, crucial policy guidance, and constructive rulemaking. In short, our work and impact is being recognized by stakeholders, Congress, the news media, and the general public as a critical element in achieving the American dream of equal opportunity for all.

Under our revised Strategic Plan for Fiscal Years 2000-2005, we have focused our resources and identified measures to continue our significant progress into the new century. This FY 2000 Annual Performance Report is an opportunity to provide our employees, Congress, stakeholders and the public with a concise report of our significant progress during the past fiscal year towards achieving our goals and, ultimately, our mission of eradicating employment discrimination at the workplace.

FISCAL YEAR 2000 KEY ACCOMPLISHMENTS

In fiscal year 2000, the Commission made important progress towards achieving its goals. Some highlights of our key fiscal year 2000 accomplishments include:

• Cutting the pending inventory of private sector charges (backlog) to 34,297 - a 15% decrease from the fiscal year 1999 level of 40,234.
• Lowering the average charge processing time for private sector charges to 216 days - a reduction of almost 50 days from fiscal year 1999.
• Increasing the number of successful resolutions handled through the National Mediation Program to 7,438 -a 54% increase from fiscal year 1999 -and mediating cases on average of 96 days.
• Obtaining substantial monetary benefits of $292.6 million for victims of employment discrimination through the enforcement process.
• Expanding outreach, education, and technical assistance to small and mid-sized employers and under-served minority communities-including a record 2,961 events attended by 218,000 people nationwide.
• Reducing the federal sector appeals inventory by 14% and the hearings inventory by 13% from their fiscal year 1999 levels.

MAJOR PROGRAM ACTIVITIES

We continued several major projects and program activities and instituted others that led to our extraordinary successes in fiscal year 2000. In the attached Annual Performance Report our major program activities and accomplishments are described more fully.

Comprehensive Enforcement Program

One of my key initiatives after I became Chairwoman was to improve all components of agency operations in both the private and federal sectors using a Comprehensive Enforcement Program (CEP) strategy. The CEP builds on the success of the Priority Charge Handling Procedures (PCHP) and the National Enforcement Plan, the Commission's strategy for prioritizing its caseload and focusing resources on issues of national significance, respectively. In fiscal year 2000, the first full year of the agency-wide CEP, the Commission utilized the Private Sector CEP to strategically focus agency resources on goals and increase collaboration among front-line functions, from outreach and intake through case resolution. As a result, the CEP has sharply increased charges resolved that deliver relief to charging parties and focused limited litigation resources on the most egregious cases and on cases benefitting multiple charging parties.

There are several key components of the Private Sector CEP:

• Fiscal year 2000 was the first full year of EEOC's groundbreaking National Mediation Program. The program has won the endorsement of a broad range of agency stakeholders, including business and labor advocates, civil rights groups, and representatives of the employer and plaintiff bars. A report prepared by a consortium of professors from Maryland colleges and universities showed that the overwhelming majority of employers (96%) and charging parties (91%) participating in the program said they would use it again and that both employers and charging parties expressed strong satisfaction with the EEOC mediation process as a highly effective dispute resolution mechanism. We have made the report available on our Web site at www.eeoc.gov.
• Another significant component of the Private Sector CEP is EEOC's Small Business Initiative (SBI), initially launched in fiscal year 1999 with key input from the employer community. In fact, in recognition of its small business efforts in fiscal year 2000, the EEOC received a rating of "Excellent" by the Small Business Administration's National Ombudsman for Regulatory Fairness.
• Through its Litigation Program, EEOC obtained several major litigation victories and settlements in a wide variety of occupations addressing discrimination against vulnerable recent-immigrant communities, women in non-traditional jobs, people with disabilities, older workers, and minority individuals. The agency also filed several high-profile lawsuits addressing egregious discrimination and hostile work environments. In addition, the agency increased the percentage of policy and multiple party cases in the active litigation docket to 36%, up from 28.5% in fiscal year 1999. Consolidating claims against an employer results in more efficient service to the public and greater consistency in remedies on the same or similar issues.

Under the Federal Sector CEP, the agency significantly expanded its efforts to prevent discrimination as well as reduce the hearings and appeals inventories. Significant achievements in the federal area include the following:

• The Commission initiated a strategic approach to Federal Sector Reform by linking improved data analyses, prevention activities aimed at the root causes of discrimination, and a streamlined process for addressing EEO complaints. Key to the Federal Sector CEP are the revised federal sector regulations (29 C.F.R. Part 1614) streamlining procedures governing the discrimination complaint process for federal employees (which became effective in the beginning of fiscal year 2000 on November 9, 1999).
• The Commission improved the overall hearings program and cut the hearings inventory to 11,153, a 13% reduction from the fiscal year 1999 ending inventory of 12,808.
• In fiscal year 2000, the EEOC was able to stem the growth of its appeals inventory through the use of innovative case management techniques and pilot programs. It reduced the appeals inventory to 9,975, the first reduction since implementation of the original Part 1614 regulations in 1992, and a 14% reduction from the fiscal year-end 1999 inventory of 11,548.

Outreach, Education, and Technical Assistance

The agency's outreach, education and technical assistance efforts are vital components of our work to eradicate employment discrimination. Key accomplishments in this area include:

• EEOC field offices conducted a record 2,961 outreach, educational, and technical assistance events in fiscal year 2000, reaching 218,000 people nationwide-including 242 events geared toward small business audiences attended by 8,628 people.
• We continued offering specialized and in-depth technical assistance through a series of Technical Assistance Program Seminars (TAPS) providing practical, "how-to-do-it" guidance for private employers and government agencies. In fiscal year 2000, EEOC conducted a total of 296 for-fee training events reaching a total audience of over 23,200 individuals nationwide, as well as other specialized seminar programs and on-site training programs.
• We commemorated our 35^th Anniversary by conducting a series of anniversary events at field offices across the country; held an art and essay contest for students; worked with the American Bar Association's Section on Labor and Employment Law to produce a joint 35^th anniversary publication reviewing the history of the Commission; and joined with the National Labor Relations Board (NLRB) to create an Attorney Honors Program to recruit qualified entry level attorneys and train them for highly skilled legal work in each agency.
• We held a special Commission Meeting commemorating the 10^th Anniversary of the Americans with Disabilities Act (ADA), reviewing the history of ADA enforcement and looking ahead at challenges in the 21^st century workplace.
• We upgraded and expanded our industry-acclaimed Internet Home Page on the World Wide Web (www.eeoc.gov) in fiscal year 2000, adding features about our landmark 35^th anniversary, a special report on the 10^th anniversary of the Americans with Disabilities Act, and a user-friendly search engine to locate information on the site. Use of the Internet site increased 88% last year-from 82,714 average number of visitors per month in fiscal year 1999 to 155,496 in fiscal year 2000. We also established an internal EEOC Intranet Web Site, providing a one-stop shop for information for agency employees.

Task Forces to Improve Enforcement and Outreach Efforts

EEOC created several internal task forces and an initiative to address specific areas of the Commission's responsibilities to improve customer service and enforcement of the laws:

• The Equal Pay Task Force provides assistance to field enforcement staff in their development of cases involving equal pay and employment discrimination in compensation.
• The National Origin Task Force has developed a strategy to guide and coordinate EEOC's overall efforts to address national origin bias more effectively, particularly for recent immigrant and refugee populations, through education and outreach at the grassroots level, collaboration with community groups, extensive research, and data analysis.
• The Asian American and Pacific Islander Initiative implemented Executive Order 13125 to improve Asian Americans' and Pacific Islanders' access to participation in federal programs. EEOC developed an inventory of Asian American and Pacific Islander participation in agency programs, developed a strategic plan for fiscal years 2001-2003, which includes increasing the number of agency publications in languages other than English, and identified resources for distributing EEOC publications to this community.
• The Low Wage Earner Task Force is building a coalition of stakeholder representatives and contacts and to develop an enforcement plan addressing low-wage earner issues by focusing on outreach to immigrants, border workers, and farm laborers, identifying issues pertinent to each community.
• EEOC's Cash Balance Task Force guides the Commission's review of cash balance pension plans and will be recommending whether cash balance pension plans- which reduce the "expected" retirement benefits of older employees, while increasing the benefits to younger workers-are unlawful under the Age Discrimination in Employment Act (ADEA).

Policy Guidance and Rulemaking

Another important Commission responsibility is to provide guidance to our own employees and the employer and employee-representative communities. Several important policy guidance and rulemaking accomplishments occurred in fiscal year 2000:

• Guidance on Remedies for Undocumented Workers explains that the anti-discrimination laws enforced by the Commission protect all workers in the United States, regardless of their work status. Undocumented workers are entitled to the full range of remedies provided under the anti-discrimination statutes, except for limited exceptions where such remedies would conflict with the immigration laws.
• EEOC issued a new Compliance Manual Section on Threshold Issues outlining the requirements an individual must satisfy to have a legal claim under the EEO statutes. The new chapter continues the Commission's ongoing effort to update its Compliance Manual to enhance enforcement and compliance with the anti-discrimination laws.
• EEOC issued comprehensive Guidance on Disability-Related Inquiries and Medical Examinations explaining the circumstances under which an employer can ask current employees disability-related questions or require medical examinations under the ADA and Rehabilitation Act.
• Also, EEOC issued Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on Genetic Information, implementing Executive Order 13145 which prohibits genetic discrimination by the federal government. This guidance represents a major step in the ongoing development of the legal analysis of how to address genetic discrimination in the workplace.

CONCLUSION

Our achievements in fiscal year 2000 demonstrate that the agency is working diligently to provide enhanced customer service to all of our stakeholders. Our comprehensive enforcement approach and strategic utilization of resources have allowed us to capitalize on the major progress made in fiscal year 1999 and sustain and build upon our accomplishments in fiscal year 2001.

EEOC will continue to strengthen its enforcement efforts through improvements in customer service to deliver fair, efficient and effective service to the public. Equally important, we aspire to prevent discrimination through outreach and education efforts that promote understanding and voluntary compliance with anti-discrimination laws.

Discrimination in the workplace on account of race, color, national origin, gender, age, religion or disability deprives the nation of the skills and talents needed to sustain economic growth and deprives families of the quality of life they deserve. EEOC has helped open the doors of opportunity for countless Americans - enabling our nation to grow, prosper, and reap the rewards of a diverse workforce. While we have made considerable progress, more remains to be done. EEOC stands ready to do its part to ensure the promise of equal opportunity to all

Sincerely,

Ida L. Castro
Chairwoman

Goals and Measures

The agency's Strategic Plan for Fiscal Years 2000-2005 contains three broad Strategic Goals mutually supporting the attainment of the agency's mission, which provide the framework for this Report. The first two Strategic Goals, like two equal sides of a triangle, focus on our major program areas of Comprehensive Enforcement and Outreach, Education and Assistance. The third Strategic Goal-the supportive base of the triangle-is to Enhance Agency Effectiveness by building the skills of our employees and by streamlining internal agency processes to provide cost-efficient service to internal and external customers.

Format Note

The agency's revised Strategic Plan for Fiscal Years 2000 - 2005 became effective on September 29, 2000. In order to incorporate concepts of the Comprehensive Enforcement Program, changes were made in the articulation of goals and objectives and a different numbering system was adopted. Some measures were rephrased in an effort to help management and stakeholders identify clear trends in agency results.

This Annual Performance Report adopts the new formatting changes and revised language for the measures in the new Strategic Plan. The Appendix, starting on page 57, lists in one place all of the measures used in this Report for fiscal years 1999 and 2000 and gives a convenient cross-reference to a table containing the original wording of each measure.

STRATEGIC GOAL 1
ENFORCE FEDERAL CIVIL RIGHTS EMPLOYMENT LAWS THROUGH A COMPREHENSIVE ENFORCEMENT PROGRAM

Strategic Objective 1.1.

Improve the effectiveness of the private sector enforcement program, including the use of charge prioritization, mediation and, where necessary, litigation, by utilizing a comprehensive enforcement strategy that focuses on National Enforcement Plan priorities.

Introduction

Strategic Goal 1 encompasses the agency's enforcement program in the private sector, including our partnership with State and local Fair Employment Practices Agencies (FEPA) and the Tribal Employment Rights Organizations (TERO), as well as in the federal sector. Over the past few years the agency has adopted policies and activities that have vastly improved our work in these vital areas.

In the private sector, we successfully adopted a National Enforcement Plan laying out the agency's overall policy priorities, Local Enforcement Plans describing how individual field offices would implement these overall priorities, and a Strategic Litigation Plan focusing on these overall priority issues. We implemented Priority Charge Handling Procedures (PCHP) to sort charges by merit, by designating them as "A" (highest merit) through "C" (lowest merit). Under Chairwoman Castro, a strategic framework for linking and implementing the policy priorities was developed-the Comprehensive Enforcement Program (CEP). CEP focuses on a collaborative approach between administrative enforcement and legal staff to improve the quality and timeliness of the entire enforcement process.

In the federal sector we made substantial inroads in processing hearings and appeals cases. New federal sector regulations (29 C.F.R. Part 1614) took effect in the first quarter of fiscal year 2000, which have greatly improved processes for addressing EEO complaints in federal agencies, as well as addressing hearings and appeals requests at the EEOC.

We also continued to strengthen partnerships with our FEPA and TERO partners. Under contracts nationwide, over 53,000 charges of employment discrimination filed simultaneously under both federal and State or local laws ("dual-filed" charges) to protect a charging party's rights were resolved in fiscal year 2000.

In fiscal year 2000, we exceeded or met all of our measures for the three Strategic Objectives under this Goal. Each Objective and the measures associated with it are discussed in this report.

PERFORMANCE PROGRESS
Strategic Objective 1.1.
Comprehensive Enforcement Program - Private Sector

Measures

X=the stated measure is not applicable in the fiscal year.

These five measures reflect the agency's efforts through fiscal year 2000 to optimize quality and timeliness of service to private sector employers and employees with its Comprehensive Enforcement Program (CEP). The CEP focuses staff efforts on a step-by-step approach to carry out our work through collaborative approaches that enhance service to the public. The development and implementation of the results-based performance measures enhance the application of the private sector CEP at critical points in the resolution of allegations of discrimination. For example, the measures cover consolidating allegations against an employer to address them in a cost-efficient way in both the administrative and litigation stage, increasing the use of mediation to support reductions in the average time required to resolve charges, and increasing the proportion of resolutions with beneficial results, as a consequence of achieving the other measures.

MEASURE 1.1.1.
Percent of Category "A" charge resolutions involving multiple aggrieved parties (MAPs) or discriminatory policies.

Fiscal Year 2000 Results

We exceeded this measure.

This measure and litigation measure 1.1.5. focus on charges affecting larger numbers of individuals who are included in multiple charges against the same employer or covered in a charge alleging discrimination against a class of persons covered by EEO laws. In fiscal year 1999, the EEOC exceeded its first goal by a substantial margin, with the proportion of multiple aggrieved parties or discriminatory policy resolutions of Category "A" charges reaching 12.1% rather than the established target of 4.7%.

In fiscal year 2000, the EEOC modified the target value for this measure to maintain the high level reached in fiscal year 1999. However, at the end of fiscal year 2000 the agency had surpassed even this target, achieving 19% (4,403) of category "A" resolutions that involved multiple aggrieved parties.

MEASURE 1.1.2.
Average time to process private sector charges.

Fiscal Year 2000 Results

We exceeded this measure.

We continued to reduce the average time it takes to process private sector charges. In fiscal year 2000 we reduced the time by almost 50 days to 216 days, on average. This is a significant accomplishment, helping both our charging party and respondent customers, who are interested in a quality review and a speedy conclusion on the issues before us.

Our Comprehensive Enforcement Program-where our investigators and attorneys improved collaborative charge processing efforts-and our charge categorization (PCHP) and mediation programs contributed over the past few years towards lowering the time to process charges.

MEASURE 1.1.3.
Offer mediation under the EEOC's ADR Program.

Fiscal Year 2000 Results

We exceeded this measure.

EEOC's mediation program has been a major success. After its initial introduction in fiscal year 1998, the program was implemented nationwide. Fiscal year 2000 was the first full year of the program and, compared to the previous fiscal year, a larger percent of charges eligible for mediation were extended offers to mediate.

Also, resolutions from mediation increased over 150%-from 4,833 in fiscal year 1999 to 7,438 in fiscal year 2000.

The agency continues to emphasize the mediation program in its outreach efforts to encourage charging parties and employers to consider using it to address the charge allegations. As part of its outreach efforts, the agency released a new video to its field offices, "EEOC Mediation Program Overview." The video provides a brief overview of the mediation program and is designed to be used during intake of a charge and during outreach, education and technical assistance activities. In addition, EEOC field staff highlight the mediation program during their participation in various workshops or when they are speakers or panelists during the year.

The agency's mediation program has won the endorsement of our stakeholders, including business and labor advocates, civil rights groups, and representatives of the employer and plaintiff bars. An evaluation by the participants in the program- charging parties and respondents- was prepared for the Commission by a consortium of professors from Maryland colleges and universities. It showed that the overwhelming majority of employers (96%) and charging parties (91%) participating in the program said they would use it again.

Both parties were very satisfied with the amount and kind of information they received about the mediation process. They felt their mediation was timely scheduled -demonstrating EEOC's effective management of the program and increasing the chance for a timely resolution of the issues addressed. The parties were very satisfied that they had an ample opportunity to express their point of view during mediation. In addition, they were very satisfied with the role and conduct of the mediators and felt strongly that the mediators understood their needs, helped to clarify their needs, and assisted them to develop options for resolving the charge. They expressed strong satisfaction with the mediation process itself and considered it a highly effective dispute resolution mechanism. (The full report is available on EEOC's Web site at http://www.eeoc.gov/mediate/report .)

In fiscal year 2001, we intend to focus our outreach efforts on small employers to encourage greater use of the mediation process by this group, which stands to benefit most so they do not have to engage professional services they are not likely to have in-house.

MEASURE 1.1.4.
Percent of resolved private sector charges benefitting victims of discrimination.

Fiscal Year 2000 Results

We exceeded this measure.

This was a new measure for fiscal year 2000. As a result of stronger collaboration between investigators and attorneys, substantive issues raised in charges filed are addressed more efficiently and more effectively, resulting in more settlements of all kinds, withdrawals with benefits, mediations and conciliations and more cause findings.

The monetary benefits obtained through conciliations, mediation and negotiated settlements totaled $245.7 million, an increase of 17% over the prior year's amount. Over 14,000 individuals received monetary benefits in fiscal year 2000, with an average benefit of over $17,084 per individual.

MEASURE 1.1.5.
Percent of the cases filed in court involving multiple aggrieved parties (MAPs) or discriminatory policies.

Fiscal Year 2000 Results

We exceeded this measure.

We noted in our Fiscal Year 1999 Annual Performance Report that, although we did not achieve our target value of the percentage of cases filed involving multiple aggrieved parties or discriminatory policies, the total number of cases filed did increase. However, we were committed to achieve this measure. Results for fiscal year 2000 show that we exceeded the target value for this measure.

In fiscal year 2000 we filed 292 lawsuits and 105, or 36%, were cases involving multiple aggrieved persons or discriminatory policies.

Highlights of Multiple Party and Discriminatory Policy Cases

EEOC obtained litigation victories and settlements in fiscal year 2000 in a wide variety of occupations addressing discrimination against vulnerable recent-immigrant communities, women in non-traditional jobs, people with disabilities, older workers, and minority individuals. The Commission also filed several high-profile lawsuits in geographic locations nationwide addressing discrimination in areas such as failure to hire blacks and women; failure to refer minority and female applicants; failure to pay women equal wages; disparities in benefits for older workers; and hostile work environments based on national origin, race and sex, including cases involving hangman's nooses used to intimidate and threaten minorities.

Major litigation settlements in FY 2000 include:

• An $8 million settlement of an age discrimination case against AlliedSignal of Arizona on behalf of 48 charging parties and approximately 300 class members. The suit alleged that the company violated the Age Discrimination in Employment Act when it laid off older workers at its Tempe and Phoenix facilities in 1993 and 1994.
• A $2.75 million settlement of a class race and national origin suit against Pacific Maritime Association and the International Longshore and Warehouse Union, Local 13, of California. The suit alleged that the use of a Test of Adult Basic Education to screen applicants for employment as casual longshore workers had a disparate impact on African-Americans, Hispanics, and Asians.
• A $1.3 million settlement of a class racial and sexual harassment suit against Foster Wheeler Constructors, Inc. The suit alleged a hostile work environment for African-American and female employees who were subjected to persistent racist and sexist graffiti at a construction site in Illinois.
• A $1 million settlement of a class sexual harassment suit against Grace Culinary Systems and Townsend Culinary. The suit alleged egregious sexual harassment against 22 Hispanic female workers who were recent immigrants in low-wage jobs at a Maryland food processing plant.
• A $700,000 settlement of a class race discrimination suit against Direct Marketing Services of Arizona. The suit alleged that African-American employees of the telemarketing firm were racially harassed, paid unequal wages, and denied promotions.
• A $700,000 post-judgment settlement of national origin discrimination suit against Premier Operator Services, a former long distance telephone operator in Texas. The suit alleged that Hispanic employees were required to speak only English at the workplace and that 13 Hispanic workers were fired for protesting the restrictive language policy, which banned the speaking of languages other than English at all times in the workplace - including during lunch and other breaks. The case is EEOC's largest recovery ever for English-only violations, and followed a successful bench trial.
• A $500,000 settlement of a same-sex harassment suit against Burt Chevrolet and LGC Management in Colorado. The suit alleged that 10 former salesmen were subjected to persistent same-sex harassment by male managers.
• A $300,000 class settlement of an age bias suit against Enterprise Rent-A-Car in Texas. The suit alleged that the company refused to hire individuals 40 years of age or older for management trainee positions.
• A $192,500 settlement of a national origin discrimination suit against Watlow Batavia, a subsidiary of Watlow Electric Manufacturing of St. Louis. The suit alleged that the company prohibited Hispanic workers from speaking any language other than English during working hours (including lunch and breaks) and discharged Hispanic employees for violating the English-only rule and for objecting to the rule.
• A $144,000 settlement of a religious discrimination suit against Servicemaster Aviation and Delta Airlines in Georgia. The suit alleged that the companies failed to accommodate the religious beliefs of six workers of the Islamic faith who refused to cut their beards - which they wore for religious reasons.
• A $132,500 settlement of a disability discrimination suit against Wal-Mart Stores, Inc. in Arizona. The suit alleged that Wal-Mart discriminated against two deaf applicants in the hiring process. The settlement also required Wal-Mart to offer jobs to two of the applicants and to make corporate-wide changes in hiring and training.

Strategic Objective 1.2.

Enhance the effectiveness of the federal sector program by utilizing a comprehensive enforcement strategy.

Introduction

EEOC's accomplishments in the federal sector in fiscal year 2000 demonstrate that the activities and reforms begun by EEOC in fiscal year 1999 are contributing to the federal government becoming a model employer.

EEOC's fiscal year 2000 accomplishments in the federal sector program include:

• Implementation of the new 29 C.F.R. Part 1614 federal sector regulations, which became effective November 9, 1999;**
• Issuing a comprehensive revision to Management Directive-110 (MD-110) to provide guidance to agencies, complainants, and practitioners regarding the new 1614 regulations - including guidance on processing EEO complaints, fragmentation, and alternative dispute resolution (ADR) practices in the federal sector;
• Improving the overall hearings program, including cutting the hearings inventory, as follows:
  • Reducing the hearings inventory to 11,153, a 13% reduction from the fiscal year 1999 ending inventory of 12,808. This reduction can be attributed, in part, to the new Part 1614 regulation provision to reduce case fragmentation which required a review of our entire caseload, resulting in consolidation of nearly 3,000 cases.
  • Issuing over 4,300 hearings decisions on the merits.
• Stemming the growth of the EEOC appeals inventory through the use of innovative case management techniques and pilot programs, including:
  • Reducing the appeals inventory to 9,975, the first reduction in appellate inventory since the implementation of the original Part 1614 regulations in 1992, and a 14% reduction from the ending fiscal year 1999 inventory of 11,548;
  • Closing more cases - appellate attorneys resolved 9,148 appeals in fiscal year 2000, a 13% increase from 8,108 appeals resolved in fiscal year 1999;
  • Reducing the average processing time for resolutions to 420 days, a 9% reduction from fiscal year 1999; and
  • Obtaining $12.1 million in benefits for complainants as a result of compliance monitoring of appellate decisions, compared to $9.8 million in fiscal year 1999.
• Developing and testing an initial model for a state of the art computer based training (CBT) effort, which is fully accessible to individuals with disabilities. The computer based training will enable the Commission to quickly train federal sector EEO program employees nationwide;
• Developing several innovative pilot programs with other federal agencies to streamline the EEO complaint and appeals process, including the Defense Logistics Agency (DLA) for the electronic transfer of complaint files when an administrative appeal is filed; the Bureau of the Census, Department of Commerce, to expedite the processing of complaints filed by temporary decennial census employees; the National Finance Center, Office of the Chief Financial Center, Department of Agriculture (NFC) to provide an EEOC Administrative Judge to work full-time on processing requests for hearings on EEO complaints against the NFC; and
• Providing a variety of measures to assist agencies in the development of their ADR programs.

The Commission met or exceeded all of the measures for this Strategic Objective for fiscal year 2000 as discussed below:

PERFORMANCE PROGRESS
Strategic Objective 1.2.
Comprehensive Enforcement Program - Federal Sector

Measures

X=the stated measure is not applicable in the fiscal year.

The Agency announced in fiscal year 1999 that the federal sector program would embrace the Comprehensive Enforcement Program to provide the framework for successful implementation of the new federal sector regulations. We believe that implementing the CEP is transforming the federal sector EEO program. Several of these measures (1.2.1, 1.2.2. and 1.2.3.) commit the agency to reduce the time it takes to process hearings and appeals and the agency has exceeded the goals. Measures to assess the effectiveness of the new regulations have been implemented, and the agency exceeded its goal to assist agencies in developing an ADR program - the new federal sector regulations require that agencies offer alternative dispute resolution methods at any point after an employee has contacted their agency's EEO office.

MEASURE 1.2.1.
Percent of closed Hearings cases over 180 days old.

Fiscal Year 2000 Results

We exceeded this measure.

This measure and the following two require workload management techniques to balance resolution of older cases with incoming work to reduce the overall age of the inventory. There were 7,119 hearings cases in the inventory over 180-days old at the beginning of fiscal year 2000. By the end of the fiscal year, there were only 6,638 hearings cases in the inventory over 180-days old, or 6.8% less than at the beginning of the year.

Part of this drop is due to consolidation of cases, required by the new regulations. The Commission also focused on this segment of its inventory to begin reducing the older cases. Hearings measures will continue to ensure that the age of the inventory does not grow.

In fiscal year 2001, District offices will implement special projects on an ad hoc basis to address workload imbalances and inventory management. Where necessary, these projects will involve collaboration of district office staff outside the hearings units, such as private sector enforcement legal unit staff, investigators or mediators to help achieve inventory management goals consistent with the results orientation of the Comprehensive Enforcement Program.

MEASURE 1.2.2.
Percent of closed Appeals cases 500-days old or older.

Fiscal Year 2000 Results

We exceeded this measure.

Our target was 20%, but we surpassed this goal with a reduction of 33%. This measure and measure 1.2.3. address the two ends of the spectrum of the appeals inventory and the timeliness of cases resolved. This measure addresses cases still in process after approximately 1 and 1/3 years. In fiscal year 2000, 33% of these appeals cases were closed, providing administrative resolution for those claimants and agencies awaiting EEOC's decision.

MEASURE 1.2.3.
Percent of Appeals cases resolved within 180 days.

Fiscal Year 2000 Results

We exceeded this measure.

This measure addresses the newer appeals cases coming into the agency's workload. In an attempt to balance its resources and work to maintain a current, timely inventory the Commission established this measure to address a portion of the cases quickly. For fiscal year 2000 receipts, the Commission closed over twice (21.9%) the number of appeals cases than it had targeted.

MEASURE 1.2.4.
Develop and implement measures to assess the effectiveness of revisions to the federal sector EEO process.

Fiscal Year 2000 Results

We met this measure.

The Commission requested data from federal agencies regarding eight general measures designed to assess the effectiveness of the revised Part 1614 regulations. These measures are:

• Overall Effectiveness - compare the federal agency's acceptance rate of EEOC's Administrative Judge decisions under the former version and the revised 1614 regulations.
• Hearings - the average processing time of case closures involving decisions issued without a formal hearing compared to the overall average processing time to all hearings case closures.
• Appeals - the percentage of final federal agency orders not fully implementing an EEOC decision after implementation of the revised 29 C.F.R. 1614 regulations compared to rejections/modifications of decisions under the former version of the regulations.
• Alternative Dispute Resolution (ADR) -
  • The rate of pre-complaint ADR resolutions after a formal complaint is filed; and
  • The degree to which federal agencies, not having an ADR program before the effective date of the revised 1614 regulations, subsequently implement one.
• Remedies and Relief - the percentage of final federal agency orders which do not fully implement a decision of an EEOC Administrative Judge awarding remedies, including attorney's fees.
• Consolidation of Complaints - the percentage of cases consolidated in the hearings inventory.
• Elimination of Appeal of Partial Dismissal - the reduction of appeals dismissed due to procedural defects.

As of the end of the second quarter of fiscal year 2001, the Commission has received the requested data from all agencies except one. In addition, there have been ten agencies which have not reported accurate data relevant to ADR activities. The Commission will provide additional technical assistance to these 11 agencies and we are taking steps to ensure the integrity of data collected in the future. During fiscal year 2001, the Commission will analyze the data collected and prepare relevant assessments of the revised Part 1614 regulations.

The Commission annually collects federal EEO Complaint data from agencies. The EEOC has taken a number of steps to respond to the concerns raised by the General Accounting Office in its report entitled Equal Employment Opportunity: Data Shortcomings Hinder Assessment of Conflicts in the Federal Workplace, May 4,1999. This report highlights problems in the collection and reporting of data in Federal employment discrimination cases. EEOC has worked internally to address some of the issues raised in the GAO report by modifying its fiscal year 2000 data collection instrument, the Form 462. A significant change is the collection of data on the number of complainants and complaints filed alleging each of the bases and issues delineated in the report. This will respond to one of the major concerns of GAO relating to the need for an unduplicated number of complaints and individuals filing complaints, by bases and issues.

MEASURE 1.2.5.
Number of agencies provided technical assistance to develop an ADR program.

Fiscal Year 2000 Results

We exceeded this measure.

We expected to assist five federal agencies in developing and establishing their ADR programs; however, we were able to exceed that number and assisted 10 agencies.

Federal agencies are responsible for the prompt, fair, and impartial processing of complaints, as well as for maintaining a continuing affirmative program to eliminate discriminatory practices and policies. ADR is an effective tool for resolving disputes early in the EEO process. It is a key component of the Commission's federal sector CEP to help prevent discrimination, especially the new Part 1614 regulations requiring all agencies to establish or make available Alternative Dispute Resolution (ADR) programs by January 1, 2000.

We have also initiated other efforts to support and encourage the use of ADR techniques in federal agencies:

• ADR was prominently featured in a nationwide training program offered to the federal sector community on the requirements of the revised regulations.
• We included a new chapter on ADR in our Management Directive to agencies, including guidance on ADR program design, training requirements, and EEOC's core ADR principles.
• EEOC attorneys are available to assist federal agencies on specific ADR questions and concerns for their programs or proposed programs. During fiscal year 2000, EEOC reviewed and provided extensive technical assistance to 10 agency ADR programs and provided some level of support to a number of other agencies.
• EEOC developed a Federal Sector Mediation Services Pilot Program to provide mediation services for small agencies with limited resources.

Strategic Objective 1.3.

Strengthen partnerships with State and local Fair Employment Practices Agencies and Tribal Employment Rights Organizations to enhance effective implementation of laws addressing employment discrimination.

Introduction

Over the past several years the Commission has enhanced its partnership with the Fair Employment Practices Agencies (FEPAs) throughout the country and the Tribal Employment Rights Organizations (TEROs) covering Native Americans to eradicate employment discrimination at the workplace.

Work-sharing agreements with State and local enforcement agencies that qualify under Section 706(c) of Title VII of the Civil Rights Act of 1964 allow the dual-filing of employment discrimination charges with both the EEOC and the FEPAs under State/local laws or federal laws when a charging party comes to either agency. Just over 58,000 charges were dual-filed with State and local FEPAs in fiscal year 2000. Our partnership with the FEPAs avoids duplication of effort by streamlining charge resolution efforts for all parties.

Training and technological support provided to the FEPAs and TEROs is critical to maintaining shared knowledge and skills on the investigation and litigation of charges and to maintain consistent records on charge activity nationwide. As shown below, EEOC met or exceeded its goals for all three measures under this strategic objective.

PERFORMANCE PROGRESS
Strategic Objective 1.3.
State and Local Program

Measures

X=the stated measure is not applicable in the fiscal year.

MEASURE 1.3.1.
Train FEPAs and Tribal Employment Rights Organizations (TEROs).

Fiscal Year 2000 Results

We met this measure.

The Commission continued its training commitment to FEPAs and TEROs in fiscal year 2000. All FEPAs received training and training materials at the national FEPA conference held in May 2000. The training provides up-to-date information about legal precedents to apply to charges in the dual-filed workload.

TEROs received training and materials at locally held training sessions conducted by the appropriate EEOC District Office. For example, in a joint effort two offices in the Southwest provided a day and a half training session to all TEROs in their office jurisdictions with EEOC contracts. In addition, three tribes without contracts also participated in the training. The training focused on investigative techniques, issues relating to a hostile work environment, and distinctions between "unfair" practices and discrimination.

MEASURE 1.3.2.
The number of contracted dual-filed charges resolved by FEPAs.

Fiscal Year 2000 Results

We exceeded this measure.

The Commission estimated the number of charge resolutions that could be paid for with the available funds in fiscal year 2000. However, the charges resolved under the contracts with the FEPAs exceeded this amount by almost 700 charges.

STRATEGIC GOAL 2
PROMOTE EQUAL OPPORTUNITY IN EMPLOYMENT THROUGH EDUCATION AND TECHNICAL ASSISTANCE

Strategic Objective 2.1.

Encourage and facilitate voluntary compliance with equal employment opportunity laws among employers and employer groups in the private- and federal sectors.

Introduction

Strategic Goal 2 encompasses strategies and objectives to reach out to both employers and employees. Strategic Objective 2.1. focuses on our outreach, education and technical assistance program for employers and employer stakeholders. Strategic Objective 2.2. covers employees and employee stakeholders. However, both Objectives are often addressed by the same or similar outreach, education or technical assistance events or EEOC published materials.

Strategic Goal 2 recognizes that the best way to eradicate employment discrimination is to not have it occur in the first place. This goal stems from one of the Commission's statutory mandates - to educate employers and the public and provide outreach and technical assistance to facilitate voluntary compliance with the equal employment opportunity laws we enforce.

Outreach, education and technical assistance efforts are an integral part of the Comprehensive Enforcement Program (CEP) strategy. Through these activities we reach a wide spectrum of audiences. As the chart on page 34 demonstrates, in fiscal year 2000, 33.5% of the total audience were representatives of private sector and federal sector employers; 38.0% were employees or representatives of employee advocacy groups; and, 28.5% were members of the general public.

Our activities for Strategic Objective 2.1. include reaching more private sector employers, particularly small employers who may not have the legal or human resources staff to help them fulfill their obligations to maintain a discrimination-free workplace. Also, we are making efforts to provide assistance to federal sector agencies to implement improvements to the new federal sector regulations, since these complaints are handled first in the agency where the individual is employed and only come to EEOC as requests for hearings or appeals.

The agency's private and federal sector outreach and technical assistance efforts provide important information about employment discrimination issues, policy guidance, and employer and employee rights and responsibilities to a broad, diverse audience. Various agency representatives-including the Chairwoman, the Commissioners, the General Counsel and the Legal Counsel-regularly speak to audiences about EEOC programs and policies. The Commission also provides EEOC publications and answers inquiries from requesters.

Preventing employment discrimination is a priority under the CEP. It is the Commission's preferred approach rather than using our limited resources to investigate and litigate charges, because enforcement resources will never be sufficient to fully address the problem of employment discrimination.

Outreach activities benefit employees and employers by increasing awareness of, and voluntary compliance with, EEO laws. One byproduct is a reduction in the number of private sector charges and requests for federal sector hearings and appeals coming to the Commission.

Revolving Fund

One of the primary mechanisms for providing more specialized and in-depth training services on a fee-basis, is the Revolving Fund program, established in 1992 under the EEOC Education, Technical Assistance and Training Revolving Fund Act of 1992 (P.L. 102-411). The program develops and delivers comprehensive, specialized and tailored education, technical assistance, and training on the laws the Commission enforces. Revolving Fund programs give employees and employers a better understanding of what constitutes unlawful employment discrimination, the evidence required to substantiate discrimination claims, the charge resolution process, and the remedies available for victims of discrimination.

The Revolving Fund program augments the Commission's general outreach, education and technical assistance activities provided at no cost to the public.

PERFORMANCE PROGRESS
Strategic Objective 2.1.
Outreach, Education and Technical Assistance to Employers

Measures

X=the stated measure is not applicable in the fiscal year.

As shown in the table above and discussed below, EEOC met or exceeded all of its goals for outreach to employers.

MEASURE 2.1.1.
The number of consultations with employer stakeholders on operational and legal issues.

Fiscal Year 2000 Results

We exceeded this measure.

For the second year in a row, the Commission maintained a high level of activity in consulting with employer stakeholders on operational and legal issues. Consultations were held with a variety of groups, including stakeholder advisory councils and individual employer organizations, and through special stakeholder "input" meetings. In addition, the Commission consulted with organizations representing small businesses in its continuing efforts to reach this important constituency.

MEASURE 2.1.2.
The number of representatives of private sector and federal sector employers attending technical assistance activities, other than Revolving Fund activities.

Fiscal Year 2000 Results

We exceeded this measure.

Again, the Commission exceeded this outreach measure, after substantially increasing it from the previous year's target value. Field offices have conducted almost 49,800 technical assistance activities for employers in the private and federal sectors in fiscal year 2000, excluding Revolving Fund activities.These employers represented large, mid-sized and small private employers, as well as federal, State and local government employers and educational institutions.

MEASURE 2.1.3.
The number of Revolving Fund activities conducted for private sector and federal sector employers.

Fiscal Year 2000 Results

We exceeded this measure.

The Commission continued its extensive Revolving Fund activities in fiscal year 2000, once again exceeding the goal set.

The agency conducted 296 fee-paid events attended by more than 23,200 people. Revolving Fund programs included 81 Technical Assistance Program Seminars (TAPS), 211 programs tailored for individual private sector employers or federal sector agencies, 3 courses for EEO Counselors and 1 course for external mediators.

MEASURE 2.1.4.
Develop and implement an outreach plan for fiscal years 2000-2002 to provide education and technical assistance and to proactively distribute EEOC's education and information materials to small private sector employers and to federal sector employers.

Fiscal Year 2000 Results

We met this measure.

Fiscal year 2000 was the first year implementing the 3-year Outreach Plan developed in fiscal year 1999. The Plan is a joint, collaborative project of three Commission offices representing the private sector enforcement program, federal sector program, and the communications office, which fields thousands of inquiries annually. The Plan is designed to enhance our efforts to reach the employer and employee communities and stakeholders. The Plan supports the Comprehensive Enforcement Program (CEP) concepts throughout the agency to enhance the Commission's prevention efforts. Through the Plan, emerging areas and types of discriminatory behavior at the workplace are identified and employers and employees are briefed on them.

MEASURE 2.1.5.
The number of on-site evaluations of federal agency EEO programs conducted.

Fiscal Year 2000 Results

We exceeded this measure.

In fiscal year 2000, we were able to conduct over 40% more on-site evaluations than initially planned. Agency on-site visits are a primary tool for identifying root causes of discrimination and advising agency managers on how to correct them.

We have initiated a comprehensive, strategic enforcement approach to link on-site reviews with analysis of agency data on complaints and other factors, as well as the knowledge our Administrative Judges and Appeals Attorneys have regarding problems in various agencies, and input from stakeholder groups. Technical assistance is offered to agencies and follow-up visits are scheduled after the onsite to ensure that agencies comply with our recommendations.

On-site reviews are used to assist agencies in numerous areas; for example, identifying and addressing underlying problems leading to complaints of employment discrimination; identifying barriers to equal employment opportunities for minorities, women, and people with disabilities; and providing advice and assistance to eliminate these barriers. We also evaluate compliance with the Commission's affirmative employment and EEO complaints processing program requirements under the new federal sector regulation.

Strategic Objective 2.2.

Increase knowledge about individual rights under equal employment opportunity laws.

Introduction

Strategic Objective 2.2. includes outreach, education and technical assistance efforts aimed at employees or prospective employees, and employee stakeholder groups. It is the companion to Strategic Objective 2.1. which addresses the employer community. An informed workforce will be able to distinguish between practices that are unfair- and may not support legal action under employment discrimination laws-and those that are illegal. The Commission's prevention activities provide information to the employee community that can reduce the number of complaints filed with the EEOC. Also, employees can bring concerns to the attention of management that can be resolved before prohibited actions occur.

Thousands of employees, potential employees or the groups that represent them, particularly under-served communities and groups, were reached during fiscal year 2000. Outreach events, including the TAPS events conducted through the Revolving Fund, are available to employees or employee groups.

In addition, eight field offices conducted outreach activities under EEOC's National Origin Task Force effort designed to reach under served groups and communities. Other offices participated in Regional Town Hall meetings sponsored by the President's Advisory Commission on Asian American and Pacific Islanders (AAPIs) in different parts of the country.

Our offices made extensive efforts nationwide to reach the employee community, in the same way we reached out to employers. Staff met with employee stakeholders in their communities, conducted training sessions for employee groups, maintained information booths at minority group events to provide information about employment discrimination, and made presentations at conferences or conventions held by stakeholder groups.

PERFORMANCE PROGRESS
Strategic Objective 2.2.
Outreach, Education and Technical Assistance to Employees

Measures

X=the stated measure is not applicable in the fiscal year.

MEASURE 2.2.1.
The number of consultations with employee stakeholders on operational and legal issues.

Fiscal Year 2000 Results

We exceeded this measure.

Consultations with employee stakeholders was 4 times higher that the expected target value, primarily as a result of participation in large scale town hall events in major cities. EEOC's participation in these activities jump-started outreach activities under the Comprehensive Enforcement Program to reach increasing numbers of ethnic minorities and language-diverse populations captured in the recent decennial census.

MEASURE 2.2.2.
Develop and implement an outreach plan for fiscal years 2000-2002 to inform under-served constituencies of their rights, and to proactively distribute EEOC's educational and informational materials to employee stakeholders.

Fiscal Year 2000 Results

We met this measure.

As we noted for Measure 2.1.4. (see page 39), we successfully implemented the outreach plan for fiscal year 2000.

STRATEGIC GOAL 3
ENHANCE AGENCY EFFECTIVENESS TO ACHIEVE OUR MISSION AND STRATEGIC GOALS BY PROVIDING EXECUTIVE DIRECTION AND SUPPORT AND BUILDING INSTITUTIONAL KNOWLEDGE

Strategic Objective 3.1.

Enhance staff capabilities and substantive knowledge to improve work processes and job functions through training, partnership, team-based approaches, and customer-based principles.

Introduction

Strategic Goal 3 recognizes that to achieve our mission it is critical to invest in our human capital to ensure that the organization is staffed effectively, and that it is competent to carry out programmatic and managerial support. Under the CEP, staff competence is a priority. In fiscal year 2000, each office identified and initiated training to fill critical skills gaps.

We exceeded or met all of our goals under Strategic Goal 3. Our achievements under this Strategic Goal are discussed below.

PERFORMANCE PROGRESS
Strategic Objective 3.1.
Enhance Agency Effectiveness

Measures

X=the stated measure is not applicable in the fiscal year.

MEASURE 3.1.1.
Train EEOC employees.

Fiscal Year 2000 Results

We met this measure.

We trained 82% of the employees involved in implementing the Comprehensive Enforcement Program.

During fiscal year 2000, although funding limited the number of national training events, the agency ensured that local training was provided to employees needing critical skills to implement the Comprehensive Enforcement Program (CEP).

One major new effort was training on Change Management for management and a front line staff member from each office, to address the steps that needed to be taken internally to successfully institutionalize CEP principles and procedures. In addition, training was provided for field office staff in Basic Mediation Skills and Advanced Investigator Techniques.

Strategic Objective 3.2.

Provide policy direction and guidance to achieve all Strategic Goals.

Introduction

For fiscal year 2000, EEOC focused on implementing the revised federal sector regulation in the agency's Office of Equal Opportunity which implements equal opportunity programs within EEOC. Our goal was to establish a model EEO Program at EEOC. The most serious issue was to reduce the number of older complaints through ADR and other innovative methods. The agency targeted a 15% reduction, as shown in measure 3.2.1 below.

PERFORMANCE PROGRESS
Strategic Objective 3.2.
Policy Direction and Guidance

Measures

X=the stated measure is not applicable in the fiscal year.

MEASURE 3.2.1.
Percent reduction in the average number of days to process internal EEO complaints from the previous fiscal year.

Fiscal Year 2000 Results

We exceeded this measure.

As of September 30, 2000, EEOC's internal complaint inventory contained no complaints older than 180 days. In fiscal year 2000, we closed 108 complaints with an average age of 461 days- a significant improvement over closure of 71 complaints in fiscal year 1999 in an average of 616 days. The agency has reduced the average age number of days to resolve internal complaints by approximately 25%, well exceeding our target of 15%.

This was accomplished by applying the agency's private sector CEP's conceptual framework to expedite and resolve aging internal discrimination complaints. Using a team-based approach, supervisors, an attorney advisor and professional EEO staff worked together to evaluate complaint files, and developed and executed a plan to expedite completion of work required to resolve older complaints.

The agency implemented an innovative "Rocket Docket" case management strategy to resolve cases that would be 180 days old or more before September 30^th. The "Rocket Docket" strategy resolved 80% of the complaints using the following methods: negotiated settlement, bench decision, summary judgment or withdrawal. This approach reduced the number of cases left in the inventory and overall processing time for fiscal year 2000. Moreover, this strategy realized a cost savings of approximately $30,000 in hearings and transcription costs.

Also, the agency strengthened its internal ADR program and developed comprehensive Q & As for employees. The ADR program uses a "multi-door" approach which provides voluntary forums such as mediation at the counseling and investigative stages, and "evaluative mediation" at the post-investigation evaluation stage to provide the parties an opportunity to communicate and engage in problem-solving strategies at all stages of the complaint process.

Strategic Objective 3.3.

Instill a knowledge base by attaining and maintaining a robust technological competency and through research, analysis and evaluation of organizational components, procedures and processes.

Introduction

The information age requires federal agencies to have a sound technological infrastructure for staff efficiency. Effective use of technology has proved critical to EEOC's vision of eradicating discrimination at the workplace. In fiscal year 2000, we continued to build the agency's technological infrastructure, and to streamline internal policies and procedures to focus staff on accomplishing results. As shown in the chart below, EEOC met or exceeded goals established for the four measures for this Strategic Objective. Our staff achieved significant progress during the fiscal year.

PERFORMANCE PROGRESS
Strategic Objective 3.3.
Instill a Knowledge Base and Maintain Technological Competency

Measures

X=the stated measure is not applicable in the fiscal year.

MEASURE 3.3.1.
Percent or number of streamlined, updated, or eliminated internal directives in effect as of September 30, 1998.

Fiscal Year 2000 Results

We exceeded this measure.

By the end of fiscal year 1998, we determined that there were 156 internal directives eligible for review as a base for streamlining, updating or eliminating guidance to employees. The agency established this measure to ensure that internal directives imposed only necessary processes or procedures on employees. If a directive was necessary, the agency wanted to be sure that it reflected the most recent guidance for employees to do their jobs and the processes or procedures described in a directive was streamlined to provide the most effective and efficient services to employees or external customers.

In fiscal year 2000, we eliminated and updated 25 directives, or 16%, exceeding our target of 10%. It is especially significant that 18 of the 25 directives were actually eliminated.

MEASURE 3.3.2.
Continue development, test and pilot a number of subsystems of the EEOC's Integrated Mission System (IMS).

Fiscal Year 2000 Results

We met this measure.

The Integrated Mission System (IMS) will encompass information on all EEOC programs for the first time in the agency's history. For example, IMS will track outreach, intake and the step-by-step status of private sector charges through litigation. Systems currently in use are over 20 years old.

In fiscal year 2000, we made significant progress in the development of the Integrated Mission System (IMS), specifically the development of Phase One IMS modules and completion of coding for 60 screens out of a total of 96 programmed for the project. Phase One of the IMS supports private sector charge processing, federal sector complaint adjudication, litigation case tracking and outreach activities.

MEASURE 3.3.3.
Develop and implement a new, standardized federal EEO Complaint Collection and Reporting System to improve the collection of data from federal agencies and provide more efficient reporting of federal EEO complaints.

Fiscal Year 2000 Results

We met this measure.

In FY 2000, the agency identified the requirements for the development of a new, standardized federal EEO data system and also initiated contractor selection for the program. This new federal sector data collection and reporting system is being developed to improve service to federal employees and agencies, by improving EEOC's management of the federal sector program through the use of better data. The computerized system will be a key component to support the implementation of the federal sector CEP and the important changes to the federal sector EEO process under the new regulations.

MEASURE 3.3.4.
Provide wide area network (WAN) connectivity and Internet access.

Fiscal Year 2000 Results

We met this measure.

We successfully completed wide area network (WAN) connectivity and Internet access throughout the agency. WAN/Internet installations were completed in our 25 area and local offices around the country. This achievement promotes the sharing of data, information, and procedures among all of our offices and thereby provides better and more timely customer service to the American public.

Verification and Validation

Accurate and reliable data is critical to planning and resource allocation at the Commission. The major front-line program areas- private sector enforcement and federal sector programs-require data on the number and status of matters pending, as well as data on financial and human resources deployed in order to determine the efficiency and effectiveness of our programs.

In recent years, the Commission has initiated projects to improve the speed and accuracy of data available to managers.

Under its 5-year technology plan, the Commission will develop and initiate implementation of new systems to collect data in the private sector enforcement program and the federal sector, outreach and education programs, as well as in key support operations:

• The Integrated Mission System (IMS) will track data for the private and federal sector enforcement programs. It is anticipated that the system will reinforce and support the Comprehensive Enforcement Program concepts in both the private sector and federal sector programs. In particular, it will support the important changes made in the federal sector EEO process as a result of the new Part 1614 regulations effective on November 9, 1999.
• A new federal sector data collection and reporting system will be developed to automate the collection and reporting of Federal EEO data.
• The implementation of a new financial management system will provide more accurate and timely financial information and streamline payments to internal and external customers.
• A new human resources system and payroll system will provide personnel information on a timely basis, enabling management to keep appraised of information such as attrition rates, which must be addressed promptly if the agency is to meet its annual goals.

The development and deployment of these systems is the first step towards linking financial, program and human resource data. These systems will provide computerized edit routines to verify entered data as one approach for ensuring the validity of the information. In addition, the agency anticipates using selective sampling and analysis of files to further ensure data validity.

The systems, and the valid data available in them, will assist agency managers determine the most cost-effective approach for assigning human and financial resources to achieve the agency's mission. To meet these objectives, continued investment in information technology at the required levels is essential.

Program Evaluation

The Commission has designed a Quality Peer Review (QPR) program that will add critical information on program quality. QPR has three purposes: 1) establish objective, measurable standards linked to Comprehensive Enforcement Program (CEP) implementation; 2) identify best practices to share throughout the agency to improve the implementation of the CEP; and 3) foster a climate of continuous improvement.

In fiscal year 2000, a cross-cutting team developed the framework for conducting QPR by preparing a handbook outline and, from these, completing the section on outreach and initial contact with the public. Due to scarce resources, pilot testing the first handbook section in several district offices was deferred until fiscal year 2001.

Peer review is a well-established mechanism for ensuring the quality, credibility, and acceptability of organizational work products. These types of reviews illuminate areas which need attention and improvements, as well as those identified as "best practices" that can be shared and adopted throughout the organization.

The program is unique, however, because program peers, who are individuals actually doing or managing the front-line program work, are designing and conducting the program in consultation with an outside contractor with expertise in the area of quality and process improvement.

The Quality Peer Review Program is an important new effort to help us continuously improve our processes. We believe the input from peers conducting office reviews will allow colleagues to help each other implement significant quality improvements and raise the level of our work and service to our customers nationwide. Essential elements of the program are:

• establishment of criteria to that will be used to identify and share best practices and areas for improvement to enhance the quality of our work at each stage, from initial contact through litigation;
• interviewing staff and sampling records to compare actions taken with criteria established;
• extensive de-briefing with field offices on results observed to share best practices throughout the Commission and provide technical direction and support; and,
• use of accepted social science research methodologies to ensure that results are valid.

In fiscal year 2001, we plan to pilot and implement the components developed to date -- outreach and initial contact -- in several offices, evaluate the results and adjust the program as appropriate. We also plan to continue development of subsequent sections of the handbook, such as mediation, investigation, and litigation. It is also anticipated that QPR would be initiated in the federal sector program.

APPENDIX
COMPILATION OF FISCAL YEARS 1999 AND 2000 MEASURES

This Appendix is a compilation of EEOC's GPRA measures and performance results for fiscal years 1999 and 2000.

EEOC has continually improved its measures to capture trends and help management, employees and stakeholders understand agency performance information. The wording and numbering system for the measures already published in our fiscal years 1999 and 2000 GPRA Annual Performance Plans and our fiscal year 1999 Annual Performance Report were recently revised to be consistent with the agency's revised Strategic Plan for Fiscal Years 2000 - 2005. Included on the compilation table for each changed measure is a cross-reference to Table A, which provides the measure's original wording and numbering used in EEOC's published Plans.

Strategic Goal 1:
Enforce Federal Civil Rights Employment Laws Through A Comprehensive Enforcement Program

Strategic Objective 1.1.:
Improve the effectiveness of the private sector enforcement program, including the use of charge prioritization, mediation and, where necessary, litigation, by utilizing a comprehensive enforcement strategy that focuses on National Enforcement Plan priorities.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 1.2.:
Enhance the effectiveness of federal sector program by utilizing a comprehensive enforcement strategy.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 1.3.:
Strengthen partnerships with State and local Fair Employment Practices Agencies and Tribal Employment Rights Organizations to enhance effective implementation of laws addressing employment discrimination.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Goal 2:
Promote Equal Opportunity In Employement Through Education And Technical Assistance

Strategic Objective 2.1.:
Encourage and facilitate voluntary compliance with equal employment opportunity laws among employers and employer groups in the private- and federal sectors.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 2.2.:
Increase knowledge about individual rights under equal employment opportunity laws.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 3.1.:
Enhance staff capabilities and substantive knowledge to improve work processes and job functions through training, partnership, team-based approaches, and customer-based principles.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 3.2.:
Provide policy direction and guidance to achieve all Strategic Goals.

Measures

X=the stated measure is not applicable in the fiscal year.

Strategic Objective 3.3.:
Instill a knowledge base by attaining and maintaining a robust technological competency and through research, analysis and evaluation of organizational components, procedures and processes.

Measures

X=the stated measure is not applicable in the fiscal year.

TABLE A
CROSS-REFERENCE TABLE

STRATEGIC GOAL 1
Enforce Federal Civil Rights Employment Laws Through a Comprehensive Enforcement Program.

Strategic Objective 1.1.
Improve the effectiveness of the private sector enforcement program, including the use of charge prioritization, mediation and, where necessary, litigation, by utilizing a comprehensive enforcement strategy that focuses on National Enforcement Plan priorities.

Strategic Objective 1.2.
Enhance the effectiveness of the federal sector program by utilizing a comprehensive enforcement strategy.

Strategic Objective 1.3.
Strengthen partnerships with State and Local Fair Employment Practices Agencies (FEPAs) and Native American Tribal Employment Rights Organizations (TEROs) to enhance effective implementation of laws addressing employment discrimination.

STRATEGIC GOAL 2
Promote Equal Opportunity in Employment Through Education and Technical Assistance.

Strategic Objective 2.1.
Encourage and facilitate voluntary compliance with equal employment opportunity laws among employers and employer groups in the private and federal sectors.

Strategic Objective 2.2.
Increase knowledge about individual rights under equal employment opportunity laws among the public and employee groups.

STRATEGIC GOAL 3
Enhance Agency Effectiveness to Achieve our Mission and Strategic Goals by Providing Executive Direction and Support and Building Institutional Knowledge.

Strategic Objective 3.1.
Enhance staff capabilities and substantive knowledge to improve work processes and job functions through training, partnership, team-based approaches, and customer-based principles.

Strategic Objective 3.2.
Provide policy direction and guidance to achieve all Strategic Goals.

Strategic Objective 3.3.
Instill a knowledge base by attaining and maintaining a robust technological competency and through research, analysis and evaluation of organizational components, procedures and processes.

* EEOC's workload is becoming increasingly more complex with "A" charges becoming a greater proportion of the charges because of the successes of the Priority Charge Handling Procedures (PCHP) and the private sector Comprehensive Enforcement Program (CEP). Of these "A" charges, charges and cases litigated involving multiple aggrieved parties or discriminatory policies continue to grow. These charges and legal cases they improve the agency's effectiveness by benefitting a greater number of victims of discrimination and impacting the workplace beyond an individual employer. These types of charges and legal cases often have a greater impact on eradicating discrimination from the workplace.

** The new regulations revised procedures throughout the federal complaint process, addressing the continuing perception of unfairness and inefficiency in the process. Agencies now must make alternative dispute resolution programs available. Other key areas included revisions to the counseling process, the bases for dismissing complaints, the procedures for requesting a hearing, the class complaint procedures, the appeals procedures and attorney's fees provisions. In addition, administrative judges now have the authority to dismiss complaints and issue decisions on complaints.

This page was last modified on May 3, 2001.

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