../plan.css"> The U.S. Equal Employment Opportunity Commission

FISCAL YEAR 2002
BUDGET REQUEST
AND
ANNUAL PERFORMANCE PLAN

Submitted to the Congress of the United States April 2001

Table of Contents

SECTION I - INTRODUCTION

  1. MISSION STATEMENT
    "Eradicating Employment Discrimination at the Workplace"
  2. EXECUTIVE SUMMARY
    "Sustaining Economic Growth and Family Income by Ensuring Discrimination-Free Workplaces"
  3. SALARIES AND EXPENSES

    Appropriation Language
    Analysis of Change
    Object Class Schedules
      Agency Summary
      Enforcement Summary
      Private Sector Comprehensive Enforcement Program
      State and Local Program
      Federal Sector Enforcement Program
      Improving Service to the Public Through Executive Direction and Support, Including Technology

SECTION II - COMPREHENSIVE ENFORCEMENT OF EEO LAWS

EEOC STRATEGIC GOAL 1

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

  1. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR COMPREHENSIVE ENFORCEMENT OF EEO LAWS
  2. PRIVATE SECTOR COMPREHENSIVE ENFORCEMENT PROGRAM

    EEOC 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
    GPRA Measures
    Program Highlights
      Figure 1: Average Time to Process Charges
      Table 1: Private Sector Enforcement Inventory Projections
      Figure 2: Types of Lawsuits Filed - FY2000-2002
      Figure 3: Active Litigation Caseload - FY2000-2002

  3. STATE AND LOCAL PROGRAM

    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.

    Introduction
    GPRA Measures
    Program Highlights
      Table 2: Workload Projections and Funding

  4. FEDERAL SECTOR COMPREHENSIVE ENFORCEMENT PROGRAM

    STRATEGIC OBJECTIVE 1.2.

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

    Introduction
    GPRA Measures
    Program Highlights
      Table 3: Hearings Workload Projections for FY2002
      Table 4: Appeals Workload Projections for FY2002

SECTION III - PREVENTION OF EMPLOYMENT DISCRIMINATION

STRATEGIC GOAL 2

Promote Equal Opportunity in Employment Through Education and Technical Assistance.

  1. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR PREVENTION OF EMPLOYMENT DISCRIMINATION
  2. OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE TO EMPLOYERS

    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
    GPRA Measures
    Program Highlights

  3. OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE TO EMPLOYEES

    STRATEGIC OBJECTIVE 2.2.

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

    Introduction
    GPRA Measures
    Program Highlights

SECTION IV - IMPROVING SERVICE TO THE PUBLIC THROUGH EXECUTIVE DIRECTION AND SUPPORT, INCLUDING TECHNOLOGY

STRATEGIC GOAL 3

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

  1. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR IMPROVING SERVICE TO THE PUBLIC THROUGH EXECUTIVE DIRECTION AND SUPPORT, INCLUDING TECHNOLOGY
  2. ENHANCE STAFF EFFECTIVENESS

    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
    GPRA Measures
    Program Highlights

  3. POLICY DIRECTION AND GUIDANCE

    STRATEGIC OBJECTIVE 3.2.

    Provide policy direction and guidance to achieve all Strategic Goals.

    Introduction
    GPRA Measures
    Program Highlights

  4. INSTILL A KNOWLEDGE BASE AND MAINTAIN TECHNOLOGICAL COMPETENCY

    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
    GPRA Measures
    Program Highlights
      Performance Measures for Management Reforms
      Figure 4: Five-Year Information Resources Management Strategic Plan

SECTION V - EDUCATION, TECHNICAL ASSISTANCE AND TRAINING REVOLVING FUND

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
GPRA Measures
Program Highlights

Program Financing Schedules

Object Class Schedule
  Education, Technical Assistance and Training Revolving Fund

SECTION VI - APPENDICES

  1. General Budget Documents

    A-1 General Statement of Laws
    A-2 Vision Statement for Financial Management

  2. Charts

    B-1 Private Sector Process Flow Chart
    B-2 Federal Sector Process Flow Chart
    B-3 Enforcement Program Diagrams
    B-4 Organization Chart

  3. GPRA Documents

    C-1 Validation and Verification of Data
    C-2 Program Evaluations
    C-3 Compilation of GPRA Measures in FY2002 Budget Submission/Annual Performance Plan
    C-4 GPRA Annual Performance Report-Fiscal Year 2000


Section 1
Introduction

A. MISSION STATEMENT

In fiscal year 2000, as part of a requirement in the Government Performance and Results Act of 1993 (GPRA) that agency strategic plans be updated every three years, the EEOC incorporated its Comprehensive Enforcement Program (CEP) into our Strategic Plan for Fiscal Years 2000-2005. The CEP focuses on an integrated strategic approach linking all program elements to deliver fair and efficient service to the public. These elements include outreach, education and technical assistance to a broad range of stakeholders seeking to prevent discrimination in the first instance, and on pursuing fair and vigorous enforcement when discrimination is found to occur.

Under the CEP, special emphasis is placed on reaching out to small businesses and under-served communities to promote understanding, voluntary compliance with the federal laws prohibiting employment discrimination, and use of expeditious means to resolve charges through our Mediation Program. The CEP, and the new initiatives instituted under it, aim to marshal EEOC resources in a coordinated fashion to increase agency efforts to prevent discrimination at the workplace and enforce the EEO laws where discrimination is found.

Our Mission Statement clearly and concisely conveys to employers and employees alike that the Commission will pursue fair and vigorous enforcement where there is any form or level of employment discrimination covered by the laws we implement. Although the statement expresses a noble - and some would say unattainable - goal, the Commission believes, instead, that it embodies the hopes and dreams of our society expressed in our founding documents - the Declaration of Independence and the Constitution of the United States of America - as well as the statutes EEOC has been entrusted to enforce.

Our mission is to:

Eradicate Employment Discrimination at the Workplace

B. EXECUTIVE SUMMARY

Sustaining Economic Growth and Family Income by Ensuring Discrimination-Free Workplaces

Equality of opportunity is a deeply felt principle rooted in the hopes and dreams expressed by the Founders, as well as in the statutes enacted by Administrations and Congresses led by both political parties over the last four decades. Discrimination in the workplace on account of race, color, national origin, sex, 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.

The U.S. Equal Employment Opportunity Commission has demonstrated that it is up to the task of delivering fair and efficient service to the public by setting and meeting challenging performance goals for fiscal years 1999 and 2000, as it has implemented the Government Performance and Results Act (GPRA). Consistent with the Administration's reform agenda, EEOC is linking its request for resources with expected results, allocating resources where the payoff will be the greatest, and planning to convert antiquated financial, human resources and program information systems to new, streamlined systems in fiscal year 2002, which will have many beneficial effects, including the expansion of e-procurement and speedier payments to our many vendors.

The EEOC's budget request for fiscal year 2002 is $310 million, a $7 million (2.3%) increase over the fiscal year 2001 budget. The level of resources requested represents fiscal year 2002 adjustments to compensation needed to meet our commitment to continue reducing inventories of private sector charges and federal sector hearings and appeals. The increase will cover government-wide adjustments to pay and benefits, including a 3.6% pay raise, enabling the agency to maintain timeliness and quality of service to the public. Over 80% of the resources for Commission programs is used for maintaining staffing levels. With the funding level requested for fiscal year 2002, the agency will be able to maintain staff levels reached in fiscal year 2001, within Administration assumptions for increases to pay and benefits.

With the $310 million requested for fiscal year 2002, EEOC will sustain the many significant program enhancements achieved over the past five years in both the timeliness and quality of service to the public. For example, by the end of fiscal year 2000, the average time required to resolve a large percentage of charges declined to 180 days or less. Furthermore, using mediation - a non-adversarial method to resolve employment disputes - and strengthening the investigator-attorney collaboration, over 20 percent of the charges resolved resulted in a beneficial outcome. Beneficial outcomes include conciliations, successful mediations, settlements with benefits and withdrawals with benefits.

We have achieved significant improvements in customer service through implementation of the Comprehensive Enforcement Program, a strategic approach to linking and integrating functions performed by staff agency-wide to focus on accomplishing results, as articulated in the performance measures for every organizational unit. These improvements are all the more significant when considering the increase in annual workloads over the past decade, primarily as a result of increases in responsibility stemming from two major pieces of civil rights legislation: the Americans with Disabilities Act in 1990 and the Civil Rights Act of 1991.

Fiscal Year 2000 Highlights

Improvements have been achieved in fiscal year 2000 in every program area, producing impressive results agency-wide, including:

Fiscal Year 2002 Highlights

With $310 million for fiscal year 2002, EEOC will meet the following performance measures to support the Administration's goals of more cost-effective government:

EEOC remains committed to the noblest goals of this Nation, embodied in the proud legacy of civil rights legislation over the last four decades dedicated to the simple justice of discrimination-free workplaces. At the same time, we are cognizant of the necessity for cost-efficient operations delivering results to the American public for every dollar invested.

As stated by Chairwoman Castro at the September 26, 2000, Commission meeting in celebration of the agency's 35th anniversary, "[t]he American workplace has changed and the EEOC has played a significant and, at times, crucial role in ensuring that the barriers to opportunity are torn down." Over the past two years, the Commission has improved its services to both the employee and employer communities in its effort to Eradicate Employment Discrimination at the Workplace. Our goal for the future is to sustain and build on our accomplishments in order to ensure timely and high quality service for our customers; continue our quest towards the elimination of employment discrimination, in partnership with the country's employers and employees alike; and support both the Nation's economic competitiveness in a world economy and the economic well-being of American families through the fullest utilization of all of the nation's skills and talents.

Fiscal Year 2002 Budget Request Format

The agency's fiscal year 2002 Budget Request continues last year's successful effort to integrate our budget and GPRA Annual Performance Plan, creating a Program Budget based on results as envisioned by GPRA. This Request uses the format in the Strategic Plan for Fiscal Years 2000-2005, updated in September 2000. Our Strategic Goals, Strategic Objectives and performance measures for fiscal year 2002 are tied to the following program budget structure: 1)  Comprehensive Enforcement of EEO Laws; 2)  Prevention of Employment Discrimination; 3)  Improving Service to the Public Through Executive Direction and Support, Including Technology; and 4)  the Education, Technical Assistance and Training Fund (the Revolving Fund).

For Sections II to IV-covering our enforcement programs, prevention programs, and executive direction and support-we discuss results expected for the resources requested. In addition, this year we have streamlined our discussion of past-year accomplishments in the budget request by including a copy of our GPRA Fiscal Year 2000 Annual Performance Report in Appendix C-4. Other Appendices contain fiscal year 2002 GPRA Annual Performance Plan requirements, including: Verification and Validation of Agency Information and any Program Evaluation activities and initiatives.

C. SALARIES AND EXPENSES

APPROPRIATION LANGUAGE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Federal Funds

General and Special Funds:

Salaries and Expenses

For necessary expenses of the Equal Employment Opportunity Commission as authorized by Title VII of the Civil Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to private citizens; not to exceed $30,000,000 for payments to State and Local enforcement agencies for services to the Commission pursuant to Title VII of the Civil Rights Act, as amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Civil Rights Act of 1991, [$303,864,000] $310,405,624. Provided further, the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds. (The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001.)

ANALYSIS OF CHANGE

Fiscal Year 2002 Budget Request
(Funds in thousands of dollars)
FTE AMOUNT
Fiscal Year 2001 Appropriation 3,055 303,864
Fiscal Year 2001 .22% rescission (669)
Revised Fiscal Year 2001 Appropriation 3,055 303,195
Comprehensive Enforcement of EEO Laws
Private Sector - Base Adjustments - 5,287
State and Local - Base Adjustments - 66
Federal Sector - Base Adjustments - 714
Improving Service to the Public Through Executive Direction and Support, Including Technology
Executive Direction and Support - Base Adjustments - 1,144
Fiscal Year 2002 Request 3,055 310,406

OBJECT CLASS SCHEDULES


Object Class Schedule
DECISION UNIT
Agency Summary
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) 147,113 153,598 162,319
11.3 Other than FTP 3,059 3,523 3,653
11.5 Other personnel compensation 13,784 14,273 14,432
Total Personnel Compensation 163,956 171,394 180,404
12.1 Civilian personnel benefits 35,690 36,525 39,024
[Total FERS] (17,324) (17,743) (18,957)
13.1 Benefits to former personnel 40 50 50
Total Compensation and Benefits 199,686 207,969 219,478
21.1 Travel of persons 3,099 2,939 2,939
21.1 Litigation Travel 477 477 477
22.0 Transportation of things 69 69 69
23.1 Other rent/Communications 4,833 4,833 4,833
23.2 Rental payments to GSA 23,024 25,235 25,875
24.0 Printing and reproduction 256 256 256
25.0 Other services 13,033 24,249 19,245
25.0 Litigation Support 3,286 3,286 3,286
26.0 Supplies and materials 1,939 1,939 1,939
31.0 Equipment 2,009 2,009 2,009
41.0 S&L 28,864 29,934 30,000
Total Other Objects 80,889 95,226 90,928
TOTAL 280,575 303,195 310,406

Object Class Schedule
DECISION UNIT
Enforcement Summary
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) 123,159 128,838 136,008
11.3 Other than FTP 2,625 2,723 2,821
11.5 Other personnel compensation 11,840 12,257 12,396
Total Personnel Compensation 137,624 143,818 151,225
12.1 Civilian personnel benefits 30,078 30,833 33,093
[Total FERS] (14,600) (14,954) (16,051)
13.1 Benefits to former personnel 34 43 43
Total Compensation and Benefits 167,736 174,694 184,361
21.1 Travel of persons 2,603 2,603 2,603
21.1 Litigation Travel 477 477 477
22.0 Transportation of things 58 58 58
23.1 Other rent/Communications 4,060 4,060 4,060
23.2 Rental payments to GSA 19,340 21,197 21,736
24.0 Printing and reproduction 215 215 215
25.0 Other services 11,006 19,293 13,250
25.0 Litigation Support 3,286 3,286 3,286
26.0 Supplies and materials 1,629 1,629 1,629
31.0 Equipment 1,688 1,688 1,688
Total Other Objects 44,362 54,506 49,002
TOTAL 212,098 229,200 233,363

OFFICES:

Field - Enforcement
Office of Field Programs

Field -Legal Units
Office of General Counsel

Field Office-Hearings Unit
Federal Sector Programs (OFO)


Object Class Schedule
DECISION UNIT
Private Sector Comprehensive Enforcement Program
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) 108,843 113,840 120,058
11.3 Other than FTP 2,287 2,372 2,468
11.5 Other personnel compensation 10,324 10,686 10,793
Total Personnel Compensation 121,454 126,898 133,318
12.1 Civilian personnel benefits 26,283 26,963 29,061
[Total FERS] (12,758) (13,077) (14,095)
13.1 Benefits to former personnel 30 37 37
Total Compensation and Benefits 147,767 153,898 162,416
21.1 Travel of persons 2,293 2,293 2,293
21.1 Litigation Travel 477 477 477
22.0 Transportation of things 51 51 51
23.1 Other rent/Communications 3,577 3,577 3,577
23.2 Rental payments to GSA 17,038 18,674 19,149
24.0 Printing and reproduction 189 189 189
25.0 Other services 9,696 16,877 11,434
25.0 Litigation Support 3,286 3,286 3,286
26.0 Supplies and materials 1,435 1,435 1,435
31.0 Equipment 1,487 1,487 1,487
Total Other Objects 39,529 48,346 43,378
TOTAL 187,296 202,244 205,794

OFFICES:

Office of Field Programs
Field - Enforcement Units

Office of General Counsel
Field - Legal Units


Object Class Schedule
DECISION UNIT
State and Local Program
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) - - -
11.3 Other than FTP - - -
11.5 Other personnel compensation - - -
Total Personnel Compensation
12.1 Civilian personnel benefits - - -
[Total FERS] - - -
13.1 Benefits to former personnel - - -
Total Compensation and Benefits
21.1 Travel of persons 79 94 94
21.1 Litigation Travel - - -
22.0 Transportation of things - - -
23.1 Other rent/Communications 13 16 16
23.2 Rental payments to GSA - - -
24.0 Printing and reproduction 4 - -
25.0 Other services 24 34 34
25.0 Litigation Support - - -
26.0 Supplies and materials 3 4 4
31.0 Equipment 63 33 33
41.0 S&L 28,678 29,753 29,819
TOTAL 28,864 29,934 30,000

Object Class Schedule
DECISION UNIT
Federal Sector Enforcement Program
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) 14,316 14,998 15,950
11.3 Other than FTP 338 351 354
11.5 Other personnel compensation 1,516 1,571 1,603
Total Personnel Compensation 16,170 16,920 17,907
12.1 Civilian personnel benefits 3,795 3,870 4,032
[Total FERS] (1,842) (1,877) (1,956)
13.1 Benefits to former personnel 4 6 6
Total Compensation and Benefits 19,969 20,796 21,945
21.1 Travel of persons 310 310 310
21.1 Litigation Travel --- --- ---
22.0 Transportation of things 7 7 7
23.1 Other rent/Communications 483 483 483
23.2 Rental payments to GSA 2,302 2,523 2,587
24.0 Printing and reproduction 26 26 26
25.0 Other services 1,310 2,416 1,816
25.0 Litigation Support --- --- ---
26.0 Supplies and materials 194 194 194
31.0 Equipment 201 201 201
Total Other Objects 4,833 6,160 5,624
TOTAL 24,802 26,956 27,569

OFFICES:

Field Office-Hearings Unit
Federal Sector Programs (OFO)


Object Class Schedule
DECISION UNIT
Executive Direction and Support
OBLIGATIONS BY OBJECT CLASS ($000) FY 2000
Actual
FY 2001
Estimate
FY 2002
Request
Personnel Compensation
11.1 Full-time permanent (FTP) 23,954 24,760 26,311
11.3 Other than FTP 434 800 832
11.5 Other personnel compensation 1,944 2,016 2,036
Total Personnel Compensation 26,332 27,576 29,179
12.1 Civilian personnel benefits 5,612 5,692 5,931
[Total FERS] (2,724) (2,789) (2,906)
13.1 Benefits to former personnel 6 7 7
Total Compensation and Benefits 31,950 33,275 35,117
21.1 Travel of persons 496 336 336
21.1 Litigation Travel --- --- ---
22.0 Transportation of things 11 11 11
23.1 Other rent/Communications 773 773 773
23.2 Rental payments to GSA 3,684 4,038 4,139
24.0 Printing and reproduction 41 41 41
25.0 Other services 2,027 4,956 5,995
25.0 Litigation Support --- --- ---
26.0 Supplies and materials 310 310 310
31.0 Equipment 321 321 321
Total Other Objects 7,663 10,786 11,926
TOTAL 39,613 44,061 47,043


OFFICES:

Chairwoman and Executive Secretariat
Commissioners
Communications/Legislative Affairs
Office of Legal Counsel
Office of Equal Employment Opportunity
Office of Inspector General
Office of Chief Financial Officer and Administrative Services
Office of Human Resources
Office of Research Information Planning
Office of Information Resources Management


Section II
Comprehensive Enforcement of EEO Laws

A. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR COMPREHENSIVE ENFORCEMENT OF EEO LAWS

The agency is requesting a total of $310.4 million for fiscal year 2002, of which $233.4 million is for Comprehensive Enforcement of EEO Laws. This amount will fund a wide range of program activities required to meet our GPRA measures. This funding request is $7.2 million above the fiscal year 2001 appropriation. Of the $7.2 million, 84% or $6.067 will support base adjustments to maintain fiscal year 2001 staffing levels for three major programs: EEOC's private sector program, the state and local program and the federal sector program. Total resources to be deployed for each program and GPRA results expected are summarized below.

Private Sector Comprehensive Enforcement Program

This part of the agency's program covers our investigative and litigation activities nationwide. In fiscal year 2002, $205.8 million will be dedicated to our private sector comprehensive enforcement program, as well as outreach, education and technical assistance efforts to prevent employment discrimination in the private sector. Under the Comprehensive Enforcement Program (CEP), we have more effectively integrated prevention and enforcement efforts over the past few years, and they are carried out by the same staff. The prevention program is discussed in Section III, Prevention of Employment Discrimination.

Resources for fiscal year 2002 for the private sector enforcement program will support reduction of the year-end inventory by 6% and the accomplishment of the following GPRA results:

State and Local Program

A total of $30.0 million will be dedicated to the State and local program in fiscal year 2002 to fund the resolution of dual-filed charges by Fair Employment Practices Agencies (FEPAs) and other prevention efforts with FEPAs and Native-American Tribal Employment Rights Organizations (TEROs), including the accomplishment of the following GPRA results:

Federal Sector Enforcement Program

The federal sector enforcement program includes the results achieved in fair, efficient and effective hearings and appeals programs; agency reviews of federal agency compliance with regulations covering the federal program; and prevention programs to serve our employer and employee constituencies in the federal government. A total of $27.6 million will be dedicated to the federal sector enforcement and prevention programs in fiscal year 2002. The prevention program is described in Section III, Prevention of Employment Discrimination.

Resources requested for fiscal year 2002 will fund the accomplishment of the following GPRA results in the federal sector enforcement program:

Section II Discussion

The following subsections discuss in further detail EEOC's budget request and display GPRA measures for fiscal years 2001-2002 for the three program areas covered in Section II: the Private Sector Comprehensive Enforcement Program, the State and Local Program and the Federal Sector Comprehensive Enforcement Program. We have included in Appendix C-4 our Fiscal Year 2000 Annual Performance Report under the Government Performance and Results Act of 1993 (GPRA), which discusses our accomplishments in fiscal year 2000.

B. PRIVATE SECTOR COMPREHENSIVE ENFORCEMENT PROGRAM

Introduction

In the past few years the Commission has introduced initiatives in the private sector that have resulted in successfully managing large volumes of charges filed each year, while increasing beneficiaries of charge resolutions through a nationwide mediation program and investigator-attorney collaboration to focus resources on substantive issues. The building blocks of this success are the Priority Charge Handling Procedures, through which charges are prioritized based on potential merit; the National Enforcement Plan (NEP), which establishes agency-wide policy priorities; the translation of the NEP into Local Enforcement Plans to address specific needs within each office's geographic area; and the Comprehensive Enforcement Program.

The Comprehensive Enforcement program (CEP) is designed to ensure an integrated and strategic approach to the implementation of the equal employment opportunity laws enforced by the Commission. This is achieved through collaboration among staff to carry out outreach, investigative and legal functions and all phases of enforcement to achieve timely, fair, and efficient service to the public. The CEP addresses the new reality of the Commission's complex workload; over 90% of private sector charges now represent potentially meritorious claims, requiring more in-depth work and close collaboration between attorneys and enforcement staff.

Accordingly, our performance measures focus on timely and quality resolution of charges; they mark our efforts to improve the efficiency and effectiveness of the private sector enforcement program through a strategic and coordinated approach.

NOTE

Appendix B-3 shows a diagram illustrating the private sector Comprehensive Enforcement Program (CEP) concepts and Appendix B-1 displays a flow chart of the private sector enforcement process in brief. Our Regulations detailing this process are published in Title 29 of the Code of Federal Regulations (C.F.R.) under Part 1601. They are available on the U.S. Government Printing Office's web site and can be accessed through EEOC's web site. EEOC's web site is located at http://www.eeoc.gov/ and contains a wealth of information about the Commission, the laws we enforce and charge resolution processing procedures. A link on our web site to Part 1601 can be found at http://www.eeoc.gov/regs/index.html.

GPRA Measures

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.1.1. Percent of resolved private sector charges benefitting victims of discrimination. X X 20% 21.3% 20% 22%
1.1.2. Percent of newly filed, administratively processed private sector charges resolved within 180 calendar days. X X X X 60% 60%
1.1.3. Percent of sampled district office charge files with information supporting the categorization of the charges as "A," "B," or "C" and any necessary attorney involvement. X X X X 90% 90%
1.1.4. Percent of "A-1" charges received in the fiscal year with on-site investigations. X X X X At least 70% At least 70%
1.1.5. Percent of "A" charges where attorneys are available to advise investigators. X X X X 100% 100%
1.1.6. Percent of the cases filed in court involving multiple aggrieved parties (MAPs) or discriminatory policies. 32% 28.5% 32% 36% 36% 36%
1.1.7. Percent of cases litigated during the fiscal year with investigators assigned. X X X X no less than 5% no less than 5%

Program Highlights

In fiscal year 2000, we exceeded two measures that are continued into fiscal year 2002 with higher target levels. For example, targets set for the percentage of charge resolutions benefitting victims of discrimination (measure 1.1.1.) and the percentage of cases filed in court involving multiple aggrieved parties or discriminatory practices (measure 1.1.6.) were exceeded, as shown above. For more information about our fiscal year 2000 achievements for these measures and other measures not continued into fiscal year 2002, see our Fiscal Year 2000 Annual Performance Report, included with this Budget Request in Appendix C-4.

In addition to the two measures we are continuing, we have added five others for fiscal years 2001 and 2002 to enhance our emphasis on several key areas of the Comprehensive Enforcement Program (CEP) in our private sector enforcement program.

With the successful implementation of the Priority Charge Handling Procedures (PCHP) and introduction of the CEP in fiscal year 1999, the Commission has made significant reductions in its inventory and is now closer to achieving a manageable workload. In fiscal year 2002, we will continue to focus on inventory reduction; anticipating a 6% lower inventory over fiscal year 2000 levels-a projected 31,438 charges by the end of fiscal year 2002, assuming that EEOC charge receipts and deferrals from Fair Employment Practices Agencies (FEPAs) are approximately 80,000 and 7,900, respectively, as projected. (See Table 1 Private Sector Enforcement Inventory Projections.

Administrative Enforcement

Figure 1: Average time to process chargesA key timeliness indicator is average charge processing time. As Figure 1 indicates, we have achieved a steady decline in our average processing time over the past few years.

For fiscal years 2001 and 2002, we are targeting our efforts on resolving a substantial number of incoming charges within 180 days to provide better service to employers and charging parties alike. To accomplish this, we have established a key measure of timeliness to resolve within 180 days 60% of the charges filed within the fiscal year (measure 1.1.2.). Our successful mediation program, which resolves charges in 96 days, on average, will be an important element for achieving this measure.

As implementation of the PCHP and the CEP has continued, charges that lack merit are quickly dismissed and the "B" inventory (potentially meritorious charges) continues to decline. This trend has allowed the agency to focus more resources on charges that fall into the "A" category, i.e. those charges with the greatest likelihood to have merit. Currently, "A" charges make up close to 40% of EEOC's workload, and we expect the number of "A" charges in the inventory to continue to increase. Since these charges are more complex and difficult to resolve, attorneys and investigators are working collaboratively in the investigation and litigation of "A" charges. Because more resources will be focused on the "A" charge inventory as it grows, we are likely to continue to see an increase in the percentage of charge resolutions benefitting victims of discrimination-projected at 22% for fiscal year 2002.

The increasing complexity of our workload requires timely collaboration under the CEP to maintain quality investigative and legal work. Four new measures for fiscal years 2001 and 2002 will help ensure that we achieve the maximum collaborative approach between our staff to properly and efficiently identify and develop evidence of discrimination for the "A" charges (measures 1.1.3.-5. and 1.1.7.). These four measures address both the involvement of attorneys in advising investigators and the involvement of investigators in litigation when settlement attempts fail.

Both investigators and attorneys benefit from collaboration. For example, litigation cases provide knowledge and experience to investigators, giving them a better understanding of the quantity and quality of evidence necessary to successfully litigate a case. Measure 1.1.7. is an important addition to our CEP; our staff working together in a common effort to improve our entire enforcement program.

Legal Enforcement

An effective litigation program is not only a deterrent to employment discrimination-helping to support voluntary compliance with EEO laws- but also motivates successful resolutions through mediation and other settlement efforts in the administrative process. EEOC's litigation program continues to focus on cases that have not been settled, despite numerous attempts, and that meet one or more of several criteria, including the following:

With the need to balance resources among program requirements, the Commission projects a modest increase over the fiscal year 2001 levels in the number of new lawsuits filed during the year and the total active caseload, which comprises the new lawsuits and all active cases carried into the current fiscal year. The litigation caseload projected in fiscal years 2001 and 2002 is shown in Figure 3, Active Litigation Caseload. These estimates adjust those provided in last year's Budget Request, based on actual results for fiscal year 2000. For example, we filed fewer new cases and settled more lawsuits than we projected. As a result, we carried fewer cases into fiscal year 2001, and will have fewer cases in the total active caseload throughout the year.

We project that 400 lawsuits will be filed during fiscal year 2002, over 5% more than our estimate of 380 lawsuits during fiscal year 2001. In addition, we are projecting that our total active caseload for fiscal year 2002 will grow almost 6% to 892 cases from the projected 842 cases in our active caseload in fiscal year 2001. (See Figure 2, Types of Lawsuits Filed.) We expect to achieve our goal that 36% of the cases filed will involve multiple aggrieved parties or discriminatory policies, which is a cost-effective approach to resolving multiple charges and issues affecting numerous individuals. These cases consolidate allegations against the same employer, providing an expedited and coherent approach to their resolution.

Enforcement Workload Projections

Table 1, Private Sector Enforcement Inventory Projections, Figure 2, Types of Lawsuits Filed, and Figure 3, Active Litigation Caseload, summarize workload projections for fiscal years 2001-2002.

TABLE 1
Private Sector Enforcement
Inventory Projections

WORKLOAD/WORKFLOW FY 2000 FY 2001 FY 2002
Total Pending Charges/Complaints 40,184* 34,297 33,406
Total Receipts** 79,896 80,027 80,027
Net FEPA Transfers/Deferrals 7,889 7,889 7,889
TOTAL WORKLOAD 127,969 122,213 121,322
RESOLUTIONS
Mediation Successes 7,438 6,780 6,148
From Contract 1,709 1,801 230
From Staff 5,729 4,979 5,918
Administrative Enforcement Resolutions 86,234 82,027 83,736
TOTAL RESOLUTIONS 93,672 88,807 89,884
Charges/Complaints Carried Into Next Fiscal Year 34,297 33,406 31,438

* The pending charges at the beginning of fiscal year 2000 was adjusted from the 40,234 charges stated as pending at the end of fiscal year 1999 to reflect refinements in charge process reports. Tables may not add due to rounding.

** Receipts for fiscal year 2000 were nearly 1,000 more than projected, and are expected to increase modestly in fiscal year 2001 and remain the same in fiscal year 2002.

FIGURE 2
Types of Lawsuits Filed
Fiscal Years 2000 - 2002

types of lawsuits filed -
text version below

FY 2000 (actual) FY 2001 (est.) FY 2002 (est.)
TOTAL ACTIVE CASELOAD 866 842 892
Total Substantive Lawsuits Filed 292 380 400
Individual Substantive Lawsuits 187 243 256
Multiple Parties/Disc. Policies 105 137 144

FIGURE 3
Active Litigation Caseload
FY 2000 - 2002

active litigation caseload - text
version below

FY 2000 (actual) FY 2001 (est.) FY 2002 (est.)
Cases Carried Into FY 574 462 492
New Cases Filed in FY 292 380 400
TOTAL ACTIVE CASELOAD 866 842 892
Cases Resolved in FY 404 350 400

C. STATE AND LOCAL PROGRAM

Introduction

EEOC's fiscal year 2002 Budget Request includes $30.0 million for the State and Local Program. The Commission has developed strong partnerships with the many state and local Fair Employment Practices Agencies (FEPAs) and Native-American Tribal Employment Rights Organizations (TEROs) we have worked with over the years. Our work-sharing agreements and other activities have benefitted the employer and employee community by coordinating charges dual-filed under state or local law and federal law, where appropriate, providing training on investigative and legal issues, and conducting joint activities, such as outreach. In fiscal year 2001, the EEOC is contracting with 92 FEPAs to resolve dual-filed charges. This arrangement prevents duplication of effort and streamlines the charge resolution process. In fiscal year 2001, the Commission also is contracting with 64 TEROs to promote employment opportunity on Indian reservations. Our collaborative efforts have helped advance equal employment opportunity nationwide.

GPRA Measures

STRATEGIC GOAL 1

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

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.3.1. Train FEPAs and Tribal Employment Rights Organizations (TEROs). Train 30 FEPAs. 49 FEPAs trained. Train FEPAs / TEROs. Provide training materials on at least 2 employment discrimination subjects. 93 FEPAs & 61 TEROs trained. Materials on 2 subjects distributed. Train FEPAs / TEROs. Train FEPAs / TEROs.
1.3.2. The number of contracted dual-filed charges resolved by FEPAs. X X approx. 53,000 53,683 approx. 55,000 approx. 55,000
1.3.3. The number of joint outreach programs conducted with FEPAs to educate and assist small businesses covered by EEOC enforced statutes and under-served communities and groups. X X X X 20 20

Program Highlights

We exceeded our fiscal year 2000 measures for the state and local program and intend to continue them into fiscal year 2002 (measures 1.3.1. and 1.3.2.). Our Fiscal Year 2000 Annual Performance Report, provided in Appendix C-4, describes our fiscal year 2000 achievements for these measures.

For fiscal years 2001 and 2002, we modified the measure related to training FEPAs and TEROs (measure 1.3.1.) and added another addressing joint outreach programs (measure 1.3.3.) to leverage the contacts and expertise of selected FEPAs and EEOC to more effectively meet the needs of an increasingly diverse workforce and small businesses, which have the fewest resources to understand and implement federal, state and local equal employment opportunity laws. These performance measures will continue to strengthen our partnerships with the FEPAs and TEROs. We will continue our training, technical assistance and contractual efforts with the FEPAs and the TEROs. We will also provide technology enhancements to improve the efficiency and effectiveness of FEPA charge resolution processing procedures, which is a continuation of an initiative we began in fiscal year 1999. With the completion of a multi-year computer upgrade process for the FEPAs in fiscal year 2001, and ongoing technical support services, we will continue to provide FEPAs with technology needed for reporting the dual-filed charge activity.

With $30.0 million for the State and Local Program in fiscal year 2002, EEOC will:

Table 2 summarizes the actual and projected State and Local Program funding, workload and results for fiscal years 2000-2002:

TABLE 2
Workload Projections and Funding

WORKLOAD FY 2000
ACTUAL
FY 2001
ESTIMATE
FY 2002
ESTIMATE
Charges/Complaints Pending 73,867 68,284 62,701
Charges/Complaints Received 58,091 58,091 58,091
Charges/Complaints Resolved 55,785 55,785 55,785
Charges/Complaints Deferred to EEOC 7,889 7,889 7,889
Charges/Complaints Forwarded 68,284 62,701 57,118
Months of Inventory 12.9 11.8 10.8
FUNDING INFORMATION
Contract Credit Amount Per Closure $500 $500 $500
Resolved Under Contract 53,683 55,535 55,535
Total Amount for Contract Credits $26,841,500 $27,767,500 $27,767,500
TERO Funding $1,600,000 $1,600,000 $1,600,000
Other State and Local Costs $448,500 $566,500 $632,500
TOTAL FUNDING LEVEL $28,890,000 $29,934,000 $30,000,000

D. FEDERAL SECTOR COMPREHENSIVE ENFORCEMENT PROGRAM

Introduction

The Commission's role in enforcing equal employment opportunity laws in the federal sector differs from its role in the private sector. In contrast to the private sector program, where EEOC conducts all activities from prevention through litigation, in the federal sector an individual files a complaint with his/her own agency and can request a hearing at the EEOC after 180 days. Both individuals and federal agencies can file appeals with the EEOC and, when complainants are dissatisfied with the outcome, they may file their own lawsuit in federal court. However, EEOC's decisions are binding on federal agencies.

As is the case in the private sector program, the EEOC establishes policies to implement equal opportunity laws and conducts outreach, technical assistance and training activities to prevent or correct discriminatory practices. In the federal sector program, the EEOC also carries out its oversight responsibilities through a unique activity called "on-site reviews," for which visits are made to selected federal agency locations and, where areas of concern are identified, agency managers are advised on appropriate corrective actions.

First introduced in fiscal year 1999, the Comprehensive Enforcement Program (CEP) continues to be a primary focus for improving the federal sector process at the Commission. Under the CEP, we have reached out to more employee and employer stakeholders as part of our "citizen-centered" approach; provided more technical assistance; conducted more strategically focused onsite reviews; and stemmed the growth of the hearings and appellate inventories. By linking the hearings and appeals programs with strong oversight, technical assistance and educational initiatives, the Commission is strategically focusing its resources on achieving measurable results and identifying and eliminating the root causes of discrimination in the federal sector.

Our federal sector accomplishments for fiscal year 2000 demonstrate that the initiatives and reforms EEOC began in1999 are contributing to the goal of the federal government as a model employer. With a modest increase in staff dedicated to this program in fiscal year 2001, and maintained with the budget request for fiscal year 2002, we have added measures to continue our accomplishments in this program.

NOTE

Appendix B-3 shows a diagram illustrating the federal sector Comprehensive Enforcement Program (CEP) concepts and Appendix B-2 displays a flow chart of the federal sector enforcement process in brief. Our Regulations detailing this process are published in Title 29 of the Code of Federal Regulations (C.F.R.) under Part 1614. They are available on the U.S. Government Printing Office's web site and can be accessed through EEOC's web site. EEOC's web site is located at http://www.eeoc.gov and contains a wealth of information about the Commission, the laws we enforce and federal complaint processing procedures. A link on our web site to Part 1614 can be found at http://www.eeoc.gov/federal/regulations.html.

GPRA Measures

STRATEGIC GOAL 1

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

Strategic Objective 1.2.

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.2.1. Percent of closed Hearings cases over 180 days old. X X 5% reduction of cases over 180 days old at beginning of FY2000. 6.8% reduction. 20% of closures are 360-days old and older. 20% of closures are 360-days old and older.
1.2.2. Percent of Hearings cases resolved within 180 days. X X X X 20% of cases received in FY2001. 20% of cases received in FY2002.
1.2.3. Percent of closed Appeals cases 500-days old or older. X X 20% 33% 30% 30%
1.2.4. Percent of Appeals cases resolved within 180 days. X X 10% of cases received in FY2000. 21.9% 20% of cases received in FY2001. 20% of cases received in FY2002.
1.2.5. Percent of Appeals resolved within 180 days involving breach of settlement agreements filed within the first 3 quarters of the fiscal year. X X X X 50% 50%
1.2.6. Percent of Appeals resolved within 180 days alleging non-compliance with an agency's final action or final decision filed within the first 3 quarters of the fiscal year. X X X X 50% 50%

Program Highlights

We exceeded all of the fiscal year 2000 measures and will build on our accomplishments in fiscal year 2002. As the results indicate above, we exceeded all of our targets for fiscal year 2000, resolving a greater percentage of hearings over 180 days old (measure 1.2.1.), closing a greater percentage of appeals cases over 500 days old (measure 1.2.3.), and resolving a greater percentage of appeals cases within 180 days (measure 1.2.4.). We are continuing these measures in fiscal years 2001 and 2002. A more complete description of our fiscal year 2000 achievements for these measures, and others not continued into fiscal year 2002, are in our Fiscal Year 2000 Annual Performance Report included with this Budget Request in Appendix C-4.

For fiscal years 2001 and 2002, we have adopted additional measures that will improve the timeliness of service in the hearings and appeals programs. The federal Comprehensive Enforcement Program (CEP) provides a framework for implementing new regulations in 29 C.F.R. Part 1614, which streamlines procedures governing the discrimination complaint process for federal employees. The revised regulations have improved the complaint processing system by eliminating unnecessary layers of review, utilizing alternative dispute resolution (ADR) throughout the process, and addressing perceptions of unfairness in the system.

Hearings Program

The revised federal sector regulations, implemented in November 1999, expanded the role of administrative judges in the complaint process, permitting them to consolidate all complaints by the same party and gather additional information to fill gaps in the record. As a result of the new regulatory provisions, the hearing process is more equitable for the parties and the record developed before an administrative judge is more impartial and complete. By fiscal year 2002, the administrative judges' hearings manual will be developed establishing quality standards under the federal sector Comprehensive Enforcement Program (CEP) in the future.

Our Hearings measures (see 1.2.1. and 1.2.2.) balance the use of agency resources to address new hearing requests in a timely fashion while simultaneously resolving a share of older cases in the hearings inventory. This approach to inventory management controls growth in the age of the inventory, while resolving a portion of the cases within 180 days. Our goal is to increase closures of older cases and resolve more new cases in the future.

Table 3, Hearings Workload Projections for FY2002, shows that while the impact of the revised regulations and the consolidation efforts have had a positive impact on the number of requests we are receiving for hearings, we anticipate a 9% decrease in the number of hearings resolved from 10,183 in fiscal year 2000 to 9,305 in fiscal year 2001, due to the new, multiple tasks performed under the revised regulations, and the lag time in getting new staff on board this fiscal year. EEOC maintained a freeze on hiring through fiscal year 2000 and into the second quarter of fiscal year 2001-our appropriation was not received until the end of the first quarter.

TABLE 3
HEARINGS WORKLOAD PROJECTIONS FOR FY2002
Impact of revised Part 1614 regulations on the hearings inventory.

WORKLOAD FY 2000
Actual
FY 2001
Estimate
FY 2002
Estimate
Formal Complaints 24,524 23,298 22,133
% Hearings Requests 42.8% 38.5% 39.7%
Hearings Pending 12,808 11,153 10,361
Hearings Received 10,498 8,961 8,782
Consolidated Inventory 1,970 448 439
Total Workload 21,336 19,666 18,704
Hearings Resolved 10,183 9,305 10,672
Hearings Forwarded 11,153 10,361 8,032
Months of Inventory 13.1 13.4 9.0

With increases to base requested to maintain staff dedicated to this program in fiscal year 2002, EEOC will achieve its GPRA measures and significantly increase the number of hearings resolved, reducing the months of inventory from 13.4 to 9.0, which translates into more timely service to our customers. As EEOC continues to reduce the hearings inventory, we expect other federal agencies will apply provisions of the Part 1614 regulations controlling their workload. For example, the regulations require each agency to avoid fragmentation of complaints by the same party, eliminate spin-off complaints, and adopt effective ADR programs to resolve disputes early. We have found that Alternative Dispute Resolution (ADR) techniques can reduce the number of formal complaints and requests for hearings. To expand the use of ADR in fiscal year 2002, we intend to use mediation to resolve hearings cases in EEOC's offices, refer cases to agency ADR programs, such as the Postal Service's REDRESS II program, use volunteer mediators available through local bar associations or the Federal Executive Board, and explore other ways to use ADR mechanisms to resolve cases more expeditiously.

Accurate and timely information is vital if we expect to efficiently manage our program and curtail the growth in the Hearings inventory, as well as further implement the federal sector CEP concepts. Improvements in our computerized data systems will assist our efforts to provide senior managers with more accurate and timely information. (See technology discussion in Section IV.D.)

APPEALS PROGRAM

In the 1990s, the agency witnessed an expanding federal sector workload and an increase in the average age of cases reaching the hearings and appeals stages. A General Accounting Office Report (GAO/GCD-98-167BR) acknowledged these results and raised concerns that they would continue to worsen unless measures were adopted to stem their growth. In fiscal year 2000, we closely monitored the appellate case process and adjusted priorities, which has begun to reverse the trend in increases to our appeals inventory and our average processing time, which peaked at 473 days in fiscal year 1998 and declined to 420 days in fiscal year 2000. These management actions and reforms to our federal sector program contributed, in part, to enhanced benefits for our stakeholders. We will continue these efforts in fiscal year 2002, to make the appellate process even more efficient and effective.

The Federal Appellate Inventory Review (FAIR) Project, implemented at the beginning of fiscal year 2001, is a key project that already has enabled the Commission to gain an accurate assessment of its appellate inventory. We expect FAIR to decrease the average processing time of appeals, expedite the consolidation of appeals from the same complainant to minimize the fragmentation of claims, subject all appeals to an early initial attorney review to assess the nature of the issues and prioritize the appeal, and compile an appellate case record in a more efficient, timely and accurate manner.

FAIR was designed, in part, in response to feedback from the Commission's federal sector stakeholders. In fiscal year 2000, federal SECTOR program staff conducted a series of town hall meetings in four different cities nationwide with employees and other stakeholders interested in the federal sector EEO process. Also, they met periodically with federal agency representatives and members of the bar. As a result of the suggestions and feedback received, the Commission implemented the FAIR Project.

The new provisions of the Part 1614 regulations are critical for the successful implementation of the federal sector CEP and the accomplishment of our measures in fiscal year 2002. Table 4, below, illustrates the anticipated effect of these regulations on the appellate inventory. The Commission halted the growth of the appeals inventory in fiscal year 2000, the first reduction since implementation of the original Part 1614 regulations in 1992. In fiscal year 2002, the Commission projects that it will reduce the pending appeals inventory to 7.6 months.

TABLE 4
APPEALS WORKLOAD PROJECTIONS FOR FY2002
Impact of revised Part 1614 regulations on the appellate inventory.

WORKLOAD FY 2000
Actual
FY 2001
Estimate
FY 2002
Estimate
Complaints Pending 11,548 9,975 8,947
Complaints Received 7,575 7,802 8,036
Total Workload 19,123 17,777 16,983
Complaints Resolved 9,148 8,830 10,382
Complaints Forwarded 9,975 8,947 6,601
Months of Inventory 13.1 12.2 7.6

Under the federal sector CEP, many of our appellate activities will enhance the design of our outreach, education and technical assistance programs in the federal sector. The same information will also be used to assist in the selection and design of onsite reviews. This synergy in our programs will optimize the use of our resources and help us deliver better information and assistance to our stakeholders.

Also, the Commission is exploring more and better ways to use technology to make its appellate program more effective and efficient and further stem the growth of the appellate inventory. A prime example of our use of technology was a pilot program we initiated in fiscal year 2000 with the Defense Logistics Agency. When an administrative appeal is filed, DLA electronically transfers the complaint files to the Commission. In fiscal year 2002, we will expand this approach to other federal agencies.


Section III
PREVENTION OF EMPLOYMENT DISCRIMINATION

A. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR PREVENTION OF EMPLOYMENT DISCRIMINATION

The agency's Prevention effort is a key component of the Commission's enforcement strategy. Activities carried out under the agency's outreach, education and technical assistance function are financed with the $233.4 million provided under the Comprehensive Enforcement Program. Prevention of employment discrimination includes outreach, education, and technical assistance to employees and employers in both the private and federal sector.

With the resources requested for fiscal year 2002, EEOC will engage in prevention activities aimed at accomplishing its GPRA measures. The following activities will focus on employers

Section III Discussion

The following subsections discuss the budget request in further detail and provide the fiscal year 2002 GPRA measures for the two program areas covered in Section III: Outreach, Education and Technical Assistance to Employers and to Employees. We have included in Appendix C-4, EEOC's Fiscal Year 2000 Annual Performance Report under the Government Performance and Results Act of 1993 (GPRA) describing accomplishments in fiscal year 2000.

B. OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE TO EMPLOYERS

Introduction

The Commission believes that the preferred method to eradicate employment discrimination from the work place is to prevent it from happening in the first place. We have a statutory mandate to provide education, outreach and technical assistance to our various stakeholders to facilitate voluntary compliance with the laws we enforce. The outreach, education and technical assistance programs are key components of the Commission's enforcement strategy.

The Comprehensive Enforcement Plan (CEP) requires a strategic and coordinated approach to outreach, education and technical assistance activities. Enforcement and legal staff jointly and actively participate in outreach and educational activities. Their collaboration strategically links the agency's resources to ensure that prevention activities are more comprehensive, user friendly and of high technical quality, resulting in the delivery of fair, effective and efficient service to the public. We provide education and technical assistance to a broad range of stakeholders on EEOC's interpretations of the laws we enforce, and on how we carry out our enforcement responsibilities. These activities benefit our stakeholders, but they also provide valuable input on improving our processes and providing better service to the public.

The CEP also requires a coordinated approach to outreach, education and technical assistance in the field and at headquarters. In fiscal year 2002, we will identify trends across offices and opportunities for regional and national outreach programs. In addition, we will continue to implement the three-year Outreach Plan, which was developed in 1999 to ensure a coordinated approach between the primary EEOC programs having responsibilities for the agency's outreach, education and technical assistance activities.

GPRA Measures

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
2.1.1. The number of consultations with employer stakeholders on operational and legal issues. 500 1,232 1,200 1,213 1,200 1,200
2.1.2. The number of representatives of private sector and federal sector employers attending technical assistance activities, other than Revolving Fund activities. 10,000 46,500 At least 46,500 49,766 50,000 50,000
2.1.3. The number of outreach events provided to employers to encourage participation in EEOC's mediation program. X X X X 250 250
2.1.4. The number of small employers with approximately 15-99 employees provided EEOC's education and information materials, as part of a special outreach initiative. X X X X 5,000 5,000
2.1.5. This measure is for Revolving Fund activities and is reported in Section V, Education, Technical Assistance and Training Revolving Fund.
2.1.6. 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. Develop plan. Plan developed Implement plan activities for FY2000. Implemented FY2000 activities. Implement plan activities for FY2001. Implement plan activities for FY2002.
2.1.7. The number of outreach, education, or other technical assistance activities conducted to assist federal agencies make EEO program improvements, including establishing alternative dispute resolution (ADR) programs throughout the EEO process. X X X X At least 120 At least 120
2.1.8. The number of on-site evaluations of federal agency EEO programs conducted. X X 14 20 20 20

Program Highlights

We exceeded our ambitious fiscal year 2000 targets for our outreach, education and technical assistance efforts to the private- and federal sector employer communities (measures 2.1.1., 2.1.2., 2.1.5., 2.1.6. and 2.1.8.). Our Fiscal Year 2000 Annual Performance Report accompanying this Budget Request in Appendix C-4 gives a complete description of these achievements. Our efforts in the past few years have accomplished many of our initial goals to reach out more to our various stakeholders. For fiscal years 2001 and 2002, we will focus some of our prevention resources on specific activities and audiences in the expectation that we can further enhance our prevention programs. We have added several new measures and balanced our limited resources in establishing our target values among all of our measures.

In fiscal year 2002, the Commission will continue to expand and diversify its proactive outreach efforts aimed at the employer community. Prior to fiscal year 2000, EEOC's non-fee outreach efforts to employers focused primarily on consultations with employers and technical assistance events on legal and operational issues. EEOC will continue these efforts in fiscal year 2002. We will continue to consult with a significant number of our employer stakeholders on operational and legal issues (measure 2.1.1.), continue to provide technical assistance to private sector and federal sector employers and employer representatives, including small to mid-sized businesses (measure 2.1.2.), and continue to conduct fee-based training for employers under the Revolving Fund (measure 2.1.5.). [The Revolving Fund is discussed separately in Section V.]

PRIVATE SECTOR OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE ACTIVITIES

Beginning in fiscal year 2000, however, we started to redirect some of our outreach efforts towards several new agency-initiated activities. As a result of a series of meetings and dialogues initiated by the Chairwoman, we learned that employers and businesses wanted the agency to expand its voluntary mediation program and provide greater availability of public information materials. In fiscal year 2001, we added two new measures to address these issues and will continue both of them in fiscal year 2002. We will conduct outreach events specifically aimed at increasing employer participation in EEOC's mediation program (measure 2.1.3.).

The mediation program has been a tremendous success. In fiscal year 2000, we resolved 7,438 charges through mediation and obtained $108.4 million in monetary benefits. The program achieved a settlement success rate of 65%, and resolved charges in 96 days on average. For those appropriate charges eligible for mediation in fiscal year 2000, 81% of the charging parties chose to participate in mediation, while only 31% of the employers chose to participate. While the employer rate has risen since the expanded mediation program was launched in fiscal year 1999, it remains substantially lower than the employee participation rate. This is one aspect of the program that we want to improve. We are hopeful that expanded outreach focusing on the benefits of mediation will increase employer participation in our program.

EEOC is also expanding the availability of, and access to, informational materials on EEOC laws and procedures. We will continue a measure initiated in fiscal year 2001 focusing on providing our education and information materials to small employers with only approximately 15-99 employees (measure 2.1.4.). Employers of this size typically do not have human resources or legal staff to help them understand their obligations, or effective techniques, to provide a discrimination-free workplace. In addition, this measure supports our Small Business Initiative. The Initiative promotes voluntary compliance in the small and mid-sized employer community by building a more cooperative and collaborative relationship, and addressing concerns expressed by, these key stakeholders.

FEDERAL SECTOR OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE ACTIVITIES

Federal agencies are another important employer community. The EEOC is a part of this community as well as a vital source for education and technical assistance to other federal agencies to foster discrimination-free workplaces throughout the federal government and make it a model employer for Equal Employment Opportunity (EEO). Outreach, education, and technical assistance programs have a primary role in the Commission's federal sector Comprehensive Enforcement Program (CEP). Our federal sector program is proactive in its outreach efforts to prevent discrimination and make the federal EEO process fairer and more efficient and effective for both federal agencies and employees. The number of formal complaints filed can be reduced if the Commission better educates federal employees and agencies so that they understand their rights and responsibilities. EEOC fulfills its outreach, education and technical assistance role in several ways.

An important tool for fostering discrimination-free federal sector workplaces and carrying out EEO oversight functions is to use onsite visits as part of a comprehensive, strategic enforcement approach. Onsite reviews are conducted for several reasons. We identify and address underlying problems that lead to complaints of employment discrimination. We identify barriers to equal employment opportunities for minorities, women, and people with disabilities and provide advice and assistance to help agencies eliminate them. Finally, we determine if agencies are in compliance with the Commission's affirmative employment and EEO complaints processing requirements. In fiscal year 2001, we are developing guidance to assist EEOC's staff to conduct onsite reviews. The guidance and its specific criteria establish a uniform approach to improve the quality to enhance EEO programs.

Under our federal sector CEP, we are reviewing all sources of information to select agencies for onsite reviews, including potential problems identified in complaints in our hearings or appeals cases and information obtained in our outreach contacts with stakeholder groups, where appropriate. Technical assistance is offered and follow-up visits are scheduled after onsite reviews to ensure that agencies comply with our recommendations.

We will conduct at least 20 comprehensive or limited onsite reviews of federal agency operations In fiscal year 2002 (measure 2.1.8.).

Another way we foster discrimination-free workplaces, and successfully implement the federal- sector CEP initiative, is to support the new Alternative Dispute Resolution (ADR) provisions in EEOC's Part 1614 federal regulations. ADR is an effective tool for resolving disputes early in the EEO process at federal agencies and, ultimately, reducing EEOC's hearings and appeals workload. The Commission's new regulations require that all federal agencies provide an ADR program designed to fit the agency's unique circumstances. Although the Commission has used a variety of approaches in the past to help agencies develop these programs, it has introduced a new measure in fiscal year 2001 and 2002 to initiate additional efforts to provide in-depth ADR technical assistance to federal agencies currently developing or implementing an ADR program (measure 2.1.7.).

The Commission will ensure that its guiding principles for effective ADR programs and the requirements of the Commission's regulations are properly reflected in federal agencies' ADR programs. EEOC staff will continue to be available for consultations to assist agencies implement their programs. In addition, in fiscal year 2002 we will continue our successful Federal sector Mediation Services Pilot Program to provide mediation services for small agencies with limited resources.

In fiscal year 2002, we will maintain and update the Commission's web site to provide information and links to other web sites and resources about ADR and other EEO areas (for example, EEOC's Management Directive-110 on the EEO process and procedures, its quarterly EEO Digest, and various fact sheets and questions and answers on the 1614 regulations). In particular, we will continue to maintain and update the Commission's federal sector decisions on its web site. Our web site, and links to other resources, provide public access to a wealth of federal sector informational materials on employment discrimination and federal EEO procedures previously available only through paid legal research services.

The Commission also will conduct semi-annual briefings for federal agency EEO Directors on federal sector developments and will conduct semi-annual meetings for stakeholders to announce federal sector initiatives and provide guidance on federal sector processing issues. In addition, we will conduct Town Hall Meeting(s) at regional locations and/or headquarters to provide opportunities for public input and feedback to federal sector policy makers. Our headquarters and field office staffs will continue speaking before federal sector employers and employee stakeholder groups and participating in no cost outreach and educational activities for employer and/or employee stakeholders.

Finally, the Commission is forging ahead with important technological projects, which will have an enormous impact on the Commission's training efforts. One of these projects is a computer-based training (CBT) approach on the revised federal sector regulations Part 1614. The CBT provides information indexing and testing on the regulations. We are starting to distribute the CBT during fiscal year 2001 and will continue to disseminate it to federal agency EEO staff and employer/employee stakeholders in fiscal year 2002.

C. OUTREACH, EDUCATION AND TECHNICAL ASSISTANCE TO EMPLOYEES

Introduction

EEOC will continue to expand and diversify its outreach efforts to the employee community, as we have done with the employer community. We have significantly enhanced our outreach, education and technical assistance efforts under the Commission's Comprehensive Enforcement Program (CEP) in both the private sector and the federal sector to reach under-served groups and communities. An important part of our commitment to prevent workplace discrimination is to provide information to employees about their rights to a discrimination-free workplace and how to protect those rights. Eliminating discrimination from the workplace benefits all segments of our society and supports our economic well-being. The Commission's efforts to provide outreach, education and technical assistance on an equal basis to the employer and employee community will help bring that vision to fruition.

GPRA Measures

STRATEGIC GOAL 2

Promote Equal Opportunity in Employment Through Education and Technical Assistance.

Strategic Objective 2.2.

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
2.2.1. The number of consultations with employee stakeholders on operational and legal issues. 500 1,533 1,200 3,918 3,900 3,900
2.2.2. The number of employees and employee representatives provided EEOC's education and information materials, including representatives from under-served groups or communities. X X X X 30,000 30,000
2.2.3. 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. Develop plan. Plan developed. Implement plan activities for FY2000. Implemented FY2000 activities. Implement plan activities for FY2001. Implement plan activities for FY2002.
2.2.4. The number of additional EEOC publications most frequently requested in an alternate format and translated and available in 7 alternate languages (Spanish, Haitian/Creole, Vietnamese, Russian, Korean, Arabic and Chinese). X X X X Initiate efforts to make 15 publications available by the end of FY2002. Make 15 publications available by the end of FY2002.
2.2.5. Make information about employment discrimination and the federal EEO procedures available for the approximately 2 million federal employees, using the EEOC's web site and other innovative means. X X X X Make information available. Make information available.
2.2.6. Provide EEOC informational materials to federal sector employees and major employee groups identified in the prior fiscal year(s) and give appropriate follow-up assistance when contacted. X X X X Materials and assistance provided for those identified in FY2000. Materials and assistance provided for those identified in FY2000 and FY2001.

Program Highlights

We were very successful in our outreach, education and technical assistance efforts to private and federal sector employee communities. We met or exceeded our ambitious fiscal year 2000 measures (measures 2.2.1. and 2.2.3.). Our Fiscal Year 2000 Annual Performance Report in Appendix C-4 provides a description of our achievements during the past fiscal year.

In fiscal year 2000, the Commission implemented several initiatives which are largely responsible for the substantial increase in consultations with employee stakeholders. For example, the agency conducted outreach, education and technical assistance activities designed to improve access to, and participation in, EEOC programs under the government-wide Asian American and Pacific Islander Initiative. We will continue efforts to improve Asian Americans and Pacific Islanders' access to, and participation in, EEOC's programs.

During fiscal year 2002, EEOC's National Origin and Low Wage Earners Task Forces will provide outreach and education on issues affecting national origin communities and low wage earners (immigrants, workers along the border and farm laborers).

Eight district offices with jurisdictions containing large national origin communities participate in the National Origin Task Force, an internal working group created by EEOC in fiscal year 1999. In fiscal year 2002 in collaboration with community groups, these offices will expand outreach and education programs at the grassroots level in their offices' communities with large national origin populations-particularly focusing on outreach programs for communities with recent immigrant and refugee populations-to increase awareness of their legal rights, including prohibitions against language and accent discrimination.

Offices participating in the Low Wage Earners Task Force, another intra-agency group created in fiscal year 1999, will provide outreach to immigrant workers along the border and farm laborers. We will build upon a network of stakeholder representatives and contacts who can identify issues of concern to the low wage earner population and provide information and education to this community. Our offices will closely coordinate with federal, state and local government agencies with similar jurisdictional responsibilities.

The Commission had a banner year from all of these initiatives and other efforts, resulting in an unexpectantly high number of consultations in fiscal year 2000 (measure 2.2.1.). Also, we are continuing to implement the specific activities contained in our outreach plan developed in fiscal year 1999 (measure 2.2.3.).

After assessing its outreach, education and technical assistance measures and target values and the fiscal year 2000 results achieved for employee groups and the public, the Commission decided to add further measures and to continue the previous measures as well, making appropriate adjustments to target values to account for the added measures. The four new measures added in fiscal year 2001, and continuing into fiscal year 2002, aim to better serve and expand outreach to private- and federal-sector employees, and under-served communities. These measures focus on increasing access to EEOC information and education materials, which is paramount to the Commission's ability to reach its constituents.

One added measure seeks to provide education and information materials to 30,000 employees, including under-served groups or communities. This effort will increase awareness of employees rights, employers responsibilities and EEOC's enforcement authority (measure 2.2.2.). Also, to strengthen efforts to reach under-served communities, a measure was added to make 15 of EEOC's most frequently requested publications available in an alternative format and in seven different languages-Spanish, Haitian/Creole, Vietnamese, Russian, Korean, Arabic and Chinese (measure 2.2.4.). Finally, two measures were added to inform federal employees about employment discrimination and provide assistance to those federal employee groups identified in an earlier initiative in fiscal year 2000 (measures 2.2.5. and 2.2.6.).

All of the Commission's measures under Strategic Objective 2.2, taken together, strengthen its ability to reach its constituents through a broad spectrum of outreach, education and technical assistance activities. Established target levels allow EEOC to effectively deliver services to each segment of the employee community and under-served groups, balancing its resources among many competing demands and other strategic measures.


Section IV
IMPROVING SERVICE TO THE PUBLIC THROUGH EXECUTIVE DIRECTION AND SUPPORT, INCLUDING TECHNOLOGY

A. HIGHLIGHTS OF FY2002 BUDGET REQUEST FOR IMPROVING SERVICE TO THE PUBLIC THROUGH EXECUTIVE DIRECTION AND SUPPORT, INCLUDING TECHNOLOGY

This component of the agency's program budget structure includes the Commissioners and supporting administrative and policy guidance staff, information technology resources to support agency programs nationwide, financial and human resource management, GPRA planning and analytical functions, publications and public information, and the Office of Inspector General.

The budget request includes $47 million for Executive Direction and support functions, of which the major component is information technology. Consistent with the Administration's management improvement objectives and the agency's Five-Year Technology Strategic Plan (see Figure 4), in fiscal year 2002, EEOC will continue its commitment to deploy management information systems that ensure financial integrity and cost-efficient utilization of human and other resources to achieve program results.

With the resources requested for fiscal year 2002, EEOC will:

Transition to a widely used and reliable financial management system since the current system is not longer supported by the system developer. The new system will support the Administration's management reform efforts to (1) optimize use of electronic transmission of postings and responses to procure goods and services; and (2) ensure timely and accurate payments to vendors.

Section IV Discussion

The following subsections discuss on our budget request in further detail and provide the fiscal year 2002 GPRA measures for the three support areas covered in Section IV: Enhance Staff Effectiveness, Policy Direction and Guidance, and Instill a Knowledge Base and Maintain Technological Competency. We have included in Appendix C-4 our Fiscal Year 2000 Annual Performance Report under the Government Performance and Results Act of 1993 (GPRA) describing our accomplishments in fiscal year 2000.

B. ENHANCE STAFF EFFECTIVENESS

Introduction

EEOC is committed to maintaining a competent staff that can deliver fair and effective service to each of our constituencies. To meet this goal, EEOC is focusing on innovative means for continuous improvement of staff skills, such as using technology-based self-paced training modules that can be delivered through the agency's Wide Area Network (WAN), and building continuing learning networks through Quality Peer Review. The following factors will impact EEOC's efforts:

GPRA Measures

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.1.1. Train EEOC employees. Train all employees. Trained virtually all employees. Train employees implem. the Comp. Enf. Program (CEP). Trained 82% of employees implem. CEP. Identify critical skill gaps and conduct training to address them. Continue training in identified areas of critical skill gaps.
3.1.2. The number of training prototypes developed from approaches identified for technology-based learning. X X X X Identify tech-based learning approaches. Develop at least one prototype.
3.1.3. The number of training videos prepared on recently adopted Commission guidance and distributed for EEOC employees. X X X X 2 2
3.1.4. The number of EEOC offices piloting and implementing the Quality Peer Review Program for the outreach and initial contact phases of the private sector enforcement process. X X X X Pilot in 3 field offices.
Prepare to implement in FY2002.
Implement in 5 field offices.
Develop an additional peer review module for investigations.
3.1.5. The percent of participants rating each Technical Assistance Program Seminar (TAPS) overall quality as acceptable or better. X X X X 90% 90%

Program Highlights

As "A" cases became a greater proportion of our private sector charge inventory and as consolidated cases add complexities in the federal sector program requiring more knowledge and skills to process, we developed a single measure to address these issues and support the continued implementation of the CEP initiative (measure 3.1.1) for fiscal year 2000 that we will continue into fiscal years 2001 and 2002. Additionally, four measures were added in fiscal year 2001 to address a need for enhanced training and effective feedback on the quality of our services to our customers (measures 3.1.2, 3.1.3, 3.1.4 and 3.1.5). We will continue these measures in fiscal year 2002.

Training

In fiscal year 2002, we will continue to focus on training newly hired attorneys, investigators and mediators, using customized training for front-line staff who will serve in these high contact positions. Additionally, through the use of National Training Pilots that we developed in fiscal year 2001, the agency plans to provide training in areas where we have identified critical skill gaps for front-line and management staff. During fiscal year 2002, EEOC will provide training to mediators in advanced mediation skills and investigators in enhanced enforcement skills in wage discrimination, conciliation/settlements and interviewing techniques. We also plan to design and pilot a course in cultural competency to equip staff with the necessary skills to attain CEP outreach goals and improve their ability to understand differences and minimize internal work place conflict.

Our assessment of agency staff has clearly identified a need to provide customized EEOC-focused supervisory training for new supervisors and existing managers who have been promoted based on their strong enforcement and/or technical skills, but who have not had an opportunity to develop the requisite interpersonal and leadership skills associated with managing others. To satisfy this need, we plan to provide training which focuses on managing in the EEOC culture, enhancing communication skills, understanding change and equipping managers with the tools to effectively deal with conflict and diversity.

Another critical need involves succession planning for agency leadership. As is the case in many other federal agencies, EEOC is facing the loss of a large number of Senior Executive Service staff within the next two to three years, with 63% of the agency's SES staff becoming eligible to retire by 2004. Within the ranks of the District Directors, the most numerous category of SESers, turnover expected is even higher, at 76%. Therefore, during fiscal year 2002, we will continue to invest in the development of the next cadre of senior managers through an SES Candidate Development Program.

Quality Peer Review and Technology Based Learning

As the demand for training resources continues to grow at the same time that the Commission works to satisfy competing needs in core programs, we have focused on alternative methods of satisfying training requirements that will allow us to reach large segments of our employees with minimal levels of funding. Alternative methods include the use of Quality Peer Review and technology-based learning approaches. Performance measures 3.1.2., 3.1.3, and 3.1.4 address these alternative approaches.

During fiscal year 2001, we will pilot the first two components of the QPR Program (outreach and initial contact) in 3 offices, refine the approach, and prepare for implementation in fiscal year 2002. In fiscal year 2002, Quality Peer Reviews will be conducted by a team of experienced EEOC employees/peers at 5 field offices (10% of our field offices) to assess program results, improve operations and identify best practices. In addition, we will expand the Program to cover another area of the Commission's private sector program, such as investigation, for implementation in fiscal year 2003. The QPR program uses a systematic approach, including established guidelines, standards and measures, to facilitate peer assisted reviews and foster a climate of continuous improvement. Dialogue among peers in the offices reviewed will result in quality improvements, and by disseminating the results nationwide, service to our customers will be improved.

Other innovative methods for reaching staff include technology-based self-paced learning tools and training videos, which can be readily disseminated through the agency's technology infrastructure. EEOC plans to develop at least one technology-based prototype and 2 training videos on recently adopted Commission guidance in fiscal year 2002.

Responsiveness of Technical Assistance Program Seminars to Customer Needs

EEOC conducts a variety of Technical Assistance Seminars for private and federal sector customers, and we have set a quality standard of 90% of the participants rating quality as acceptable or better (measure 3.1.5) for both fiscal years 2001 and 2002.

C. POLICY DIRECTION AND GUIDANCE

Introduction

This discussion addresses the Commission's efforts to ensure effective customer service to its internal and external customers in the areas of Policy Direction and Guidance and administration of its internal Equal Employment Opportunity program.

Policy Direction and Guidance

An important part of the Commission's efforts to encourage voluntary compliance with federal employment discrimination laws is accomplished through the issuance of timely and up-to-date interpretive regulatory and policy guidance. This guidance is important to each of the Commission's key constituencies. It provides valuable information for both employers and employees, as well as their representative organizations, about their rights and responsibilities under the law. In so doing, it provides significant assistance to the principal Commission stakeholders in tailoring their conduct to assure that it complies with the law. Commission guidance also provides clear guidance to staff, fostering consistent application of the governing legal principles to the charges filed with the Commission and litigation brought by the Commission. Finally, the judiciary carefully considers Commission regulations and policy guidance in interpreting the law and applying it to particular cases.

Measures for this area focus on user-friendly formats and timeliness.

Improving Internal EEO Processes

The final two measures in this subsection address the agency's efforts to create a model EEO program at the Commission, by improving our internal EEO processes. Since becoming Chairwoman in 1999, Ida Castro has emphasized the importance of EEOC as a model agency, with respect to its internal EEO program, inasmuch as the agency provides oversight government-wide on equal opportunity in the federal workforce.

GPRA Measures

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 3.2.

Provide policy direction and guidance to achieve all Strategic Goals.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.2.1. Prepare Question and Answer documents in a simplified format to accompany all Commission approved policy. X X X X Prepare Q & As. Prepare Q & As.
3.2.2. Prepare for the Chairwoman's consideration by October 1 the proposed fiscal year regulatory agenda. X X X X Prepare agenda. Prepare agenda.
3.2.3. Address the regulatory agenda by preparing for the Chairwoman's consideration final regulations or notices of proposed regulations, or recommendations that regulatory matters be postponed or not completed and removed from the agenda. X X X X Address regulatory agenda. Address regulatory agenda.
3.2.4. Percent reduction in the average number of days to process internal EEO complaints from the previous fiscal year. X X 15%
Use innovative approaches including ADR
25%
Implemented ADR program & other innovative approaches
15% 15%
3.2.5. Develop and deliver diversity training to EEOC supervisors and managers. X X X X X Develop and deliver training.

Program Highlights

Policy Direction and Guidance

Measures 3.2.1.- 3.2.3 address timeliness in carrying out the agency's regulatory agenda and user-friendly formats for policy guidance. In fiscal year 2002, the Commission will continue to enhance the effectiveness of its policy program by issuing simplified question and answer summaries to accompany all approved Commission policies and regulations. These summaries are posted on the Commission's Web site, accompanying the policy issuances themselves, and are otherwise made broadly available. In addition, the Commission will meet time frames for publishing its annual regulatory agenda and completing action on policy guidances for the year.

Equal Employment Opportunity

The first of the two measures (measure 3.2.4), continued from fiscal year 2000, was designed to reduce the number of days required to process internal EEO complaints. The agency's internal EEO process is comprised of three stages - counseling, investigation and hearings. In fiscal year 2002, our goal is to decrease, by an additional 15% the average number of days in the internal EEO process by decreasing the time necessary at each stage of the overall process. The overall decrease will be facilitated by implementation of the agency's internal Alternative Dispute Resolution program, designed in fiscal year 2000. Like the successful private sector mediation program, the internal program is expected to positively impact the overall processing time of the cases in the counseling and investigation stages. We expect to accomplish an additional 15% decrease in the average processing time at the investigative stage by continuing to use position statements, biweekly case management meetings, and other investigative techniques. At the hearings stage, it is expected that by using an alternative procurement technique to acquire and assign Administrative Judges, the overall time frame for the cases going through this stage will also decrease.

For FY 2002, the agency plans to deliver training on diversity issues to supervisors and managers throughout the agency (measure 3.2.5). The goal of the Cultural Competency training is to build cultural awareness among supervisors, managers and employees in order to improve EEOC workplace relations, but also to improve outside customer service and outreach to various previously under-served minority groups. The curriculum will consist of a series of courses that focus on different aspects of the diversity spectrum, e.g., a general course in awareness of differences, a module on how to communicate with a diverse customer base, a module on how to relate to co-workers of different cultural or ethnic backgrounds, and modules that highlight specific ethnic minorities or special categories, e.g., minorities with disabilities.

D. INSTILL A KNOWLEDGE BASE AND MAINTAIN TECHNOLOGICAL COMPETENCY

Introduction

This subsection is comprised of thirteen measures designed to improve the effectiveness and efficiency of service delivery to our customers. Performance measures address the following issues: streamlining internal processes, maintaining technological competency, and improving customer service in the agency's financial and human resource management areas, including initiatives to address the Administration's government-wide reforms.

GPRA Measures

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 3.3.

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.3.1. Percent or number of streamlined, updated, or eliminated internal directives in effect as of September 30, 1998. 10% 5% 10% 16% 17 directives. 8 directives.
3.3.2. Implement a new integrated financial management system. Implement system. System implem. X X Complete transition plans for implementation. Implement Core Accounting and Budget Modules.
3.3.3. Continue development, test and pilot a number of subsystems of the EEOC's Integrated Mission System (IMS). X X Continue to develop IMS. IMS development continued. Test 4 subsystems: private sector, federal sector, litigation and outreach. Pilot the 4 subsystems in field offices.
3.3.4. Implement a new human resources and payroll system. X X X X Complete 2-year transition and implementation of system.
3.3.5. 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. X X Initiate development of federal EEO data system. Identified requirements for a new data system and initiated contractor selection. Complete 2-year system development and implementation in 5 pilot federal agencies during FY2002.
3.3.6. Conduct an OMB Circular A-76 review of the IT Systems Design, Development and Programming activity. X X X X X Complete review in FY2002.
3.3.7. Percent of properly completed travel vouchers paid within 15 business days after receipt in headquarters. X X X X 80% 90%
3.3.8. Percent of full and open procurement actions for $25,000 or more posted on, and provided the opportunity for submitting electronic bids through, the government-wide Website for procurement activity. X X X X X 100%
3.3.9. Percent of procurement actions for less than $25,000 awarded within 25 business days after acceptance of the request. X X X X 90% 90%
3.3.10. Average number of business days to reduce to, and maintain, for awarding properly prepared procurement actions of $25,000 or more. X X X X 105 105
3.3.11. Number of calendar weeks, on average, to deliver a list of qualified candidates (a certificate) to the requestor after the request to post a vacancy announcement, assuming the Office of Personnel Management (OPM) maintains open investigator announcements and classifies, posts and issues certificates for complex positions. X X X X Within 8 Within 6
3.3.12. Number of calendar days to complete each non-routine personnel action requested. (These actions include establishment/classification of positions, reasonable accommodation requests, and some separation actions, i.e., involuntary separations and transfers to other government agencies.) X X X X 90 90
3.3.13. Number of calendar days to accurately complete routine personnel actions received. (These actions include non-competitive reassignments and promotions, changes in benefits and accessions.) X X X X 10 10


Program Highlights

Streamlining Internal Directives

As reflected in the above GPRA measures , we exceeded our target for streamlining, updating or eliminating internal directives during fiscal year 2000 by 6%. The agency continues to look at directives in its system for the purpose of updating old ones to reflect changes in policies, procedures, and process. In some cases, we were able to streamline the directives inventory by consolidating multiple directives that collectively control one processand eliminated those directives which no longer are pertinent to the way we do business. For fiscal year 2001, our target is to streamline, update or eliminate at least 17 more directives. We will continue this measure into fiscal year 2002 by targeting an additional 8 directives.

Technology

Technology is critical to achieving agency goals and objectives in all areas of agency operations, including mission programs as well as support operations. EEOC's Five-Year Information Resources Management Strategic Plan, Figure 4 in Section IV. D., outlines an ambitious agenda requiring on-going commitment, if the agency is to reap the rewards of modern information technology in its financial, human resources, and program information systems. Implementation of systems planned will increase the cost-effectiveness of agency programs, increase efficiency, and improve service to our customers. Overall objectives of the Information Resources Management Strategy are:

In fiscal year 2002, the agency will initiate the implementation of three major information systems which are the core components required to migrate toward an integrated information architecture:

FIGURE 4
FIVE-YEAR INFORMATION RESOURCES MANAGEMENT STRATEGIC PLAN

5-year information resources management
strategic plan

KEY:

color key
for figure 4 Completion of Major Milestone
color key
for figure 4 IT Project color key
for figure 4 Partial Funding
color key
for figure 4 System support and Maintenance color key
for figure 4 Unfunded

Performance Measures for Management Reforms

The Administration has identified key government-wide reforms for fiscal year 2002 to improve the functioning of government and achieve efficiencies in its operations. The Commission is committed to addressing these reforms, as discussed below.


Section V
EDUCATION, TECHNICAL ASSISTANCE AND TRAINING REVOLVING FUND

Appropriation Language

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Federal Funds

Public Enterprise Funds:

EEOC Education, Technical Assistance and Training

Revolving Fund

There is hereby established in the Treasury of the United States a revolving fund to be known as the "EEOC Education, Technical Assistance and Training Revolving Fund" (hereinafter in this subsection referred to as the "Fund") to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to the laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purpose.

SECTION V
EDUCATION, TECHNICAL ASSISTANCE AND REVOLVING FUND

Introduction

The Commission offers specialized and in depth training services through its Revolving Fund. In 1992, Congress passed the EEOC Education, Technical Assistance and Training Revolving Fund Act (P.L. 102-411) as the vehicle through which the Commission would develop and deliver comprehensive and specialized external education, technical assistance and training relating to the laws it enforces. This authority permits the EEOC to charge a fee for the costs associated with the delivery of Revolving Fund programs. Programs offered through the Revolving Fund augment those activities that are provided to the public free of charge.

GPRA Measures

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
This Revolving Fund measure is part of the Commission's Outreach activities-see Section III, Prevention of Employment Discrimination.
2.1.5. The number of Revolving Fund activities conducted for private sector and federal sector employers. 75 292 175 296 275 275

Program Highlights

During fiscal year 2002, EEOC will continue to develop and disseminate new and improved training and technical assistance programs, products and services of high professional quality. For example, by the beginning of 2002, the agency will have completed an initiative designed to provide additional specialized instruction on training design and delivery techniques to all involved field staff to even further enhance the creativity and quality of the instruction provided by EEOC in its Technical Assistance Program Seminars (TAPS), courses, and customer specific training (CST). As in prior years, the EEOC will provide a wide variety of one and half day TAPS for private and federal employers in diverse geographical locations and schedule numerous one day to one week courses on EEO counseling, investigations and other topics for federal employees nationally. In fiscal year 2002, we will conduct 275 Revolving Fund activities, including 50 TAPS events, for private and federal sector employers. We also will provide training for individual employers at their facilities, upon request and as resources are available.

EEOC is exploring convenient, low cost web-based training programs on a variety of EEO topics for private and federal employees, enabling businesses, both small and large, to educate all its employees on equal employment opportunity. We also plan to produce a CD ROM version of our popular seven volume series of technical assistance manuals, currently available in hard copy and audio (for the visually impaired).

The agency plans to offer at least two new courses in 2002, including an introduction to mediation as well as a more in-depth seminar on mediation skills development. We also plan to add the second volume to our EEOC Essential Guide Series, introducing a practical EEO handbook prepared for supervisors, managers and human resource professionals.

We will continue to implement program enhancements, operational efficiencies and customer service improvements in 2002. Most noteworthy, will be the complete centralization of all registration and collection activities, thereby improving customer service and expediting billing and collections. We will implement additional improvements in financial management practices, tracking and reporting during fiscal year 2002. We anticipate that the program enhancements will result in 90% of participants rating the overall quality of each TAPS seminar as acceptable or better.

Program Financing Schedules

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EEOC Education, Technical Assistance, and Training Revolving Fund
SUMMARY OF FINANCING
(Dollar amounts in thousands)
Fiscal year 2000
Actual
Fiscal year 2001
ESTIMATE
Fiscal year 2002
ESTIMATE
Total Obligations 2,770 2,918 3,300
Financing:
Offsetting collections from:
Federal Funds 819 658 790
Non-Federal sources 1,783 2,304 2,535
Recoveries 0 75 10
Orders on hand from Federal sources 0 0 0
Unobligated balance, start of year 2,402 2,174 2,293
Unobligated balance transferred(recission) 0 0 0
Unobligated balance, end of year*** 2,174 2,293 2,328
Budget Authority 0 0 0
FTE 6 11* 17**

*Includes 10 FTE for staff assigned to Headquarters Revolving Fund and 1 FTE to the Office of Federal Operations for Revolving Fund functions.

**Includes 11 FTE for staff assigned to Headquarters Revolving Fund, 1 FTE to Office of Federal Operations for Revolving Fund functions and 5 FTE for field staff performing Revolving Fund functions.

***The Revolving Fund must maintain from the unobligated balance at the end of each fiscal year, monies to cover anticipated expenses for over half of the next fiscal year until new revenues are received -beginning in approximately May (e.g., pay for hotels, printing, other contractual obligations, and the Revolving Fund staff salaries and benefits) and to develop new products and enhance existing products and services.

Object Class Schedule

EEOC Education, Technical Assistance, and Training Revolving Fund
REQUIREMENTS BY OBJECT CLASS
(Dollar amounts in thousands)
OBJECT CLASS Fiscal year 2000
ACTUAL
Fiscal year 2001
ESTIMATE
Fiscal year 2002
ESTIMATE
11.1 Personnel Compensation 649 880 1,001
12.1 Civilian Personnel Benefits 63 75 99
21.0 Travel and Transportation of Persons 220 200 220
22.0 Transportation of Things 0 0 0
23.1 Other Rent/Communications 429 380 410
24.0 Printing and Reproduction 356 305 300
25.0 Other Services 968 1,002 1,189
26.0 Supplies and Materials 69 61 66
31.0 Equipment 16 15 15
TOTAL OBLIGATIONS 2,770 2,918 3,300

Section VI
APPENDICES

A. General Budget Documents

A-1 General Statement of Laws 109

A-2 Vision Statement for Financial Management 115

B. Charts

B-1 Private Sector Process Flow Chart 123

B-2 Federal Sector Process Flow Chart 127

B-3 Enforcement Program Diagrams 131

B-4 Organization Chart 137

C. GPRA Documents

C-1 Validation and Verification of Data 141

C-2 Program Evaluations 145

C-3 Compilation of GPRA Measures in FY2002

Budget Submission/Annual Performance 149

C-4 GPRA Annual Performance Report

Fiscal Year 2000 167


APPENDIX A
GENERAL BUDGET DOCUMENTS


APPENDIX A-1
General Statement of Laws

The Equal Employment Opportunity Commission was established by Title VII of the Civil Rights Act of 1964 (78 Stat. 253, 42 U.S.C. 2000e et seq.) as amended, and became operational on July 2, 1965. The Commission has five members, no more than three of whom shall be of the same political party. The members are appointed by the President, by and with the consent of the Senate, for rotating 5-year terms. The President designates one member to serve as Chairman and one member to serve as Vice Chairman. The General Counsel is also appointed by the President, by and with the advice and consent of the Senate, for a term of 4 years.

The Commission has been charged with promoting equal opportunity in employment by enforcing the federal civil rights employment laws through administrative and judicial actions, and education and technical assistance. The agency fulfills its mission through the implementation of a vigorous law enforcement program, as well as conducting an outreach program to provide information, guidance and technical assistance to help prevent discrimination from occurring.

Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin by federal and private employers with 15 or more employees, public and private employment agencies, labor organizations with 15 or more members, agencies which refer persons for employment or which represent employees or employers covered by the Act, and joint labor-management apprenticeship programs for covered employers and labor organizations.

Pursuant to Section 709(c) of Title VII, the Equal Employment Opportunity Commission requires the filing of periodic reports by public and private employers, unions and labor organizations providing data on the makeup of their workforces or membership by gender and racial/ethnic categories. The data are also used by other federal, State and Local agencies charged with enforcement of equal employment opportunity laws, and in aggregate form by non-government organizations and researchers concerned with equal employment opportunity.

The Equal Employment Opportunity Act of 1972 (Public Law 92-261) amended Title VII to authorize the Commission to file suit in federal District Court in order to achieve compliance with Title VII if it is unable to achieve a remedy through conciliation. If the case involves a State or Local government, the Commission will refer it to the Attorney General, who may file suit in federal Court. The Equal Employment Opportunity Act of 1972 also extended Title VII's coverage to State and Local governments as well as to institutions of higher education.

In 1979, EEOC received additional jurisdictional responsibilities as part of Reorganization Plan No. 1 of 1978: enforcement of the Age Discrimination in Employment Act (ADEA) of 1967, as amended; the Equal Pay Act (EPA) of 1963; Section 501 of the Rehabilitation Act of 1973, as amended; and Section 717 of Title VII. ADEA protects workers age 40 and older from discrimination in hiring, discharge, pay, promotions, fringe benefits, and other aspects of employment by employers having 20 or more employees. The EPA prohibits gender based discrimination in the payment of wages to men and women performing substantially equal work in the same establishment. The Commission receives and investigates charges of discrimination in these areas and makes findings of "violation" or "no violation" and may file suit in Federal District Court if it is unable to achieve voluntary resolution of violations through conciliation.

Section 717 of Title VII, Section 15 of the Age Discrimination in Employment Act, and Section 501 of the Rehabilitation Act of 1973, which bar discrimination by federal agencies on the basis of disability provided the basis for Commission oversight responsibility for the procedures used by federal departments and agencies in processing internal complaints of discrimination. In addition, the Commission has appellate jurisdiction to review final decisions of departments or agencies on discrimination complaints upon the request of the complainant. It is also responsible for ensuring that federal departments and agencies maintain programs of equal employment opportunity. Further, under Executive Order 12067, the Commission provides leadership and coordination to all federal departments and agencies' programs enforcing federal statutes, executive orders, regulations, and policies which require equal employment opportunity without regard to race, color, religion, sex, national origin, age, or disability. Coordination is provided to eliminate conflict, competition, duplication, and inconsistency in these programs and to improve their effectiveness. All federal departments and agencies are required to cooperate with and assist the Commission in performing these functions and are required to furnish the Commission with such reports and information as it may require.

On July 26, 1990, the Americans With Disabilities Act (ADA) became law. The ADA became effective on July 26, 1992, for employers with 25 or more employees and on July 26, 1994, for employers with 15-24 employees. This legislation, covering some 43,000,000 Americans having one or more physical or mental disabilities, provides a clear and comprehensive mandate for enforcing the laws prohibiting discrimination in employment opportunities for individuals with disabilities. EEOC is responsible for ensuring compliance with Title I of this statute and in coordination with the Attorney General, for providing technical assistance to those with rights and responsibilities under the Act.

The Civil Rights Act of 1991, which amends Title VII, addresses a number of subjects, including disparate impact, business necessity, bias after hiring, challenges to consent decrees, timeliness of challenges to seniority systems, mixed motives, expert witness fees, extraterritoriality, compensatory and punitive damages, jury trials, interest and filing times in actions against the federal government. The Act also mandated the EEOC to carry out educational and outreach activities.

The private (non-federal) sector of the Commission, through its field and headquarters offices, is responsible for receiving and investigating charges of employment discrimination under the various laws it enforces. Individual Commissioners may initiate charges based on information suggesting that the law has been violated. If the Commission decides after investigation that reasonable cause exists to believe that a violation has occurred, remedial relief is sought through the process of conciliation.


APPENDIX A-2
Vision Statement for Financial Management

Ensuring that the U.S. Equal Employment Opportunity Commission (EEOC) establishes and meets financial management goals and objectives and that the agency is in compliance with financial management legislation and directives.

GOALS AND STRATEGIES

As part of the agency's overall, long-term goal of modernizing and integrating information systems, the agency will replace its current accounting system. The new single, integrated financial management system will incorporate all existing financial and resource management information system requirements. The system meets the requirements for financial management systems contained in the Joint Financial Management Improvement Program directives and OMB Circular A-127. The system supports compliance with the Federal Financial Management Improvement Act. The system satisfies the goals of the National Performance Review for moving towards electronic methods of acquisition. The system will capitalize on the opportunities for business process improvements to resolve systemic and procedural issues. Additionally, the new system will:

Timely, accurate, and reliable financial management information is essential to the successful and efficient management of the agency programs. Lack of access to critical financial management information places tremendous limitations on managers: managers cannot effectively respond to new demands for allocating resources to improve the efficiency of agency operations; neither can they respond to Congressional inquiries, nor fulfill many existing legislative and regulatory requirements; funds control is hampered; and cost accounting is not possible. The agency has a comprehensive financial system replacement plan to meet the demands for a single source of financial information delivered to management and staff in a timely and accurate manner.

BASELINE FINANCIAL SYSTEM STRUCTURE

The Integrated Financial Management System (IFMS), ICF Consulting Financial Assistant (FINASST), became the Commission's core financial system on October 1, 1998. The new core system replaced a mainframe-based, non-Year 2000 compliant, batch processing system that was developed in FY1979. As the agency's official system of record, FINASST directly impacts the agency's ability to effectively track and monitor EEOC's budget and resource expenditures against program measures and goals. In FY 2000, the vendor for FINASST informed EEOC that they were selling their financial services division, including the FINASST product. The new vendor has announced they will end support for FINASST September 30, 2001.

TARGET FINANCIAL SYSTEM STRUCTURE

In FY 2000, the agency contracted with an independent accounting firm to conduct an evaluation of Federal accounting system alternatives. The objective of this contract was to assess the feasibility and availability of cross-servicing of the agency's financial management functions. The agency has reviewed the alternatives for financial system services and selected a cross-servicing relationship with the Department of the Interior's National Business Center. The cross-servicing inter-agency agreement provides the full suite of the Federal Financial System commercial off-the-shelf software. The project commenced in January 2001. The conversion and migration components include data quality review and cleanup tasks on master tables and open documents. The system will be operational October 1, 2001 for FY2002. The agency will discontinue use of the FINASST and several manual processes and procedures after closing out FY2001 financial records.

By 2003, EEOC will have a single, integrated financial management system. The integrated system will provide a single authoritative source of relevant and reliable financial information, eliminate redundant systems and data, and facilitate the elimination of ad hoc records and systems. The system will enable financial and program managers to track cost data for performance against approved spending plans, compare the cost of program elements within and across programs, and base decisions on sound financial and performance criteria. In addition, managers will be able to exercise better funds controls, improve their reconciliation capability, streamline their organizations and redirect resources toward more productive activities. In essence, implementation of the integrated system will better enable the agency to carry out its mission and serve its customers by determining how best to allocate resources.

PROJECTS AND TASKS REQUIRED TO MOVE FROM BASELINE TO TARGET

PROJECT/TASK ESTIMATED COMPLETION DATE
Commence Project January 2001
Configure System June 2001
Conduct Training September 2001
Perform Conversion and Migration September 2001
Implement Core System and Budget Execution and Planning October 1, 2001
Integrate Procurement Management Module To Be Determined
Integrate Travel Management Module To Be Determined
Integrate Fixed Asset/Property Management Module To Be Determined

APPENDIX B
CHARTS


APPENDIX B-1
Private Sector Process Flow Chart

private sector
process flow chart



APPENDIX B-2
Federal Sector Process Flow Chart

federal sector
process flow chart


APPENDIX B-3
Enforcement Program Diagrams

Private Sector Comprehensive Enforcement Program

The objective of the Comprehensive Enforcement Program (CEP) is to deliver fair, efficient, and effective service to the public. The diagram below illustrates the critical elements required to accomplish these objectives: (1) close collaboration between administrative enforcement and legal staff and (2) a focus on customer service supported by quality peer review.

The diagram shows the interrelationships among staff, stakeholders and quality review involved in EEOC's private sector CEP. The CEP integrates enforcement and legal staff at each stage of the agency's work to address employment discrimination issues-including outreach, education and technical assistance; intake (charge prioritization); mediation (alternative dispute resolution); decisions on the merits, conciliations and settlements; investigation; and, where settlement attempts fail, litigation to address egregious discrimination and other Commission priorities. The CEP connotes teamwork and joint accountability in all private sector activities.

A focus on customer service, supported by a peer review process to assess and improve the quality of our work (Quality Peer Review (QPR)) is integral to achieving the objectives of the CEP. Enforcement and legal staff must work closely together to quickly and accurately determine whether the allegations fall within the purview of statutes EEOC enforces, and how best to respond to employees and employers involved to address issues identified to deliver fair and effective service to the public. While the agency has historically fostered high quality through manuals and guidance documents, training and supervision, the CEP adds another dimension to assessing how we can improve customer service through QPR. QPR is designed to identify both areas for improvement as well as best practices which can be shared agency-wide. [Section II describes the Commission's CEP and the performance measures for fiscal year 2002. In particular, subsection B discusses the private sector CEP, including the appropriate fiscal year 2002 measures. Also, Section IV describes the QPR program, including the performance measure for fiscal year 2002.]

These components of the CEP, working together, have led to significant achievements in our private sector program.

Private sector comprehensive enforcement program diagram -
description in text above

Federal Sector Comprehensive Enforcement Program

The diagram below illustrates the federal sector Comprehensive Enforcement Program (CEP). CEP integrates a variety of functions to enhance performance in all aspects of the federal sector program and provides a framework for linking critical information and staff insights nationwide to provide more effective and efficient service to federal agencies and employees.

The top of the pyramid shows hearings and appeals actions filed with the EEOC by federal employees. These actions are initiated only after employees first file complaints alleging discrimination with their agency's EEO office and do not receive a satisfactory response or at least 180 days elapses. The bottom portion of the pyramid depicts filed complaints remaining within a federal agency and discrimination which occurs but does not become part of the federal EEO complaint process-"hidden" discrimination.

Complaints and "hidden" discrimination emanate from root causes of discrimination that federal agencies need to address to remove barriers to equal employment opportunity. The diagram illustrates the value of federal agency data analysis, particularly analysis that helps identify root causes of discrimination. Root cause analysis assists EEOC and federal agencies to focus on preventing discrimination and on more effective and efficient ways to address discrimination.

The two circles at the base of the pyramid represent on-site reviews and outreach, education and technical assistance-key elements of the CEP and the EEOC's prevention activities in the federal sector. The arrows illustrate that results from on-site reviews provide information about the types of outreach, education and technical assistance activities (including Technical Assistance Training Programs (TAPS) events) that could benefit federal agencies and employees, as well as provide Administrative Judges in hearings and writing attorneys in appeals with insights into a federal agency's policies and practices. Also, information and expertise gleaned by hearings and appeals staff after years of experience with federal agencies' and employees' discriminatory issues help EEOC design more effective outreach, education and technical assistance activities tailored to agency and employee needs. They also provide valuable insights to determine which agencies could benefit and which employment issues to address during EEOC on-site reviews. [Section II describes the Commission's CEP and the performance measures for fiscal year 2002. In particular, subsection D discusses the federal sector CEP, including the appropriate fiscal year 2002 measures.]

The diagram suggests that all of these components must work together to identify and remove employment discrimination from the federal workplace.

federal sector comprehensive enforcement program diagram -
description in text above


APPENDIX B-4
Organization Chart

EEOC organization chart, 92Kb GIF file
EEOC organizational structure, text


APPENDIX C-1
Validation and Verification of Agency Information

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 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.


APPENDIX C-2
Program Evaluations

5. Quality Peer Review

The agency developed its Quality Peer Review program as a tool to enhance its services to the public by assuring quality work and communicating best practices throughout the agency. (See measure 3.1.4. and the accompanying discussion of QPR).

By the end of fiscal year 2001, the Commission will have piloted its Quality Peer Review (QPR) program covering outreach, education and technical assistance activities and initial contact/intake functions. The pilot will achieve four basic results: establish objective, measurable standards linked to implementation of the Commission's Comprehensive Enforcement Program (CEP); establish techniques to identify best practices; develop methods to share best practices throughout the agency to improve the implementation of the CEP; and foster a climate of continuous improvement in its private sector enforcement program.

During fiscal year 2002, the agency anticipates implementing in several offices the outreach and initial contact components developed to date, evaluating the results obtained, and adjusting the program for further implementation in subsequent fiscal years.

6. Components of Other Program Evaluations

The agency conducts components of evaluation activities that contribute information to inform management on the effectiveness of programs in the following two areas addressed in the agency's Strategic Plan:

Prevention Programs

The EEOC takes the following steps to assess its outreach, education and technical assistance programs for employers, employees and stakeholder groups:

Training

The Commission uses several mechanisms to guide its training programs and activities:


APPENDIX C-3
Compilation of GPRA Measures in FY2002 Budget/Annual Performance Plan

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.1.1. Percent of resolved private sector charges benefitting victims of discrimination. X X 20% 21.3% 20% 22%
1.1.2. Percent of newly filed, administratively processed private sector charges resolved within 180 calendar days. X X X X 60% 60%
1.1.3. Percent of sampled district office charge files with information supporting the categorization of the charges as "A," "B," or "C" and any necessary attorney involvement. X X X X 90% 90%
1.1.4. Percent of "A-1" charges received in the fiscal year with on-site investigations. X X X X At least 70% At least 70%
1.1.5. Percent of "A" charges where attorneys are available to advise investigators. X X X X 100% 100%
1.1.6. Percent of the cases filed in court involving multiple aggrieved parties (MAPs) or discriminatory policies. 32% 28.5% 32% 36% 36% 36%
1.1.7. Percent of cases litigated during the fiscal year with investigators assigned. X X X X no less than 5% no less than 5%

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

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.2.1. Percent of closed Hearings cases over 180 days old. X X 5% reduction of cases over 180 days old at beginning of FY2000. 6.8% reduction. 20% of closures are 360-days old and older. 20% of closures are 360-days old and older.
1.2.2. Percent of Hearings cases resolved within 180 days. X X X X 20% of cases received in FY2001. 20% of cases received in FY2002.
1.2.3. Percent of closed Appeals cases 500-days old or older. X X 20% 33% 30% 30%
1.2.4. Percent of Appeals cases resolved within 180 days. X X 10% of cases received in FY2000. 21.9% 20% of cases received in FY2001. 20% of cases received in FY2002.
1.2.5. Percent of Appeals resolved within 180 days involving breach of settlement agreements filed within the first 3 quarters of the fiscal year. X X X X 50% 50%
1.2.6. Percent of Appeals resolved within 180 days alleging non-compliance with an agency's final action or final decision filed within the first 3 quarters of the fiscal year. X X X X 50% 50%

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

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
1.3.1. Train FEPAs and Tribal Employment Rights Organizations (TEROs). Train 30 FEPAs. 49 FEPAs trained. Train FEPAs / TEROs. Provide training materials on at least 2 employment discrimination subjects. 93 FEPAs & 61 TEROs trained. Materials on 2 subjects distributed. Train FEPAs / TEROs. Train FEPAs / TEROs.
1.3.2. The number of contracted dual-filed charges resolved by FEPAs. X X approx. 53,000 53,683 approx. 55,000 approx. 55,000
1.3.3. The number of joint outreach programs conducted with FEPAs to educate and assist small businesses covered by EEOC enforced statutes and under-served communities and groups. X X X X 20 20

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
2.1.1. The number of consultations with employer stakeholders on operational and legal issues. 500 1,232 1,200 1,213 1,200 1,200
2.1.2. The number of representatives of private sector and federal sector employers attending technical assistance activities, other than Revolving Fund activities. 10,000 46,500 At least 46,500 49,766 50,000 50,000
2.1.3. The number of outreach events provided to employers to encourage participation in EEOC's mediation program. X X X X 250 250
2.1.4. The number of small employers with approximately 15-99 employees provided EEOC's education and information materials, as part of a special outreach initiative. X X X X 5,000 5,000
2.1.5. The number of Revolving Fund activities conducted for private sector and federal sector employers. 75 292 175 296 275 275
2.1.6. 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. Develop plan. Plan developed Implement plan activities for FY2000. Implemented FY2000 activities. Implement plan activities for FY2001. Implement plan activities for FY2002.
2.1.7. The number of outreach, education, or other technical assistance activities conducted to assist federal agencies make EEO program improvements, including establishing alternative dispute resolution (ADR) programs throughout the EEO process. X X X X At least 120 At least 120
2.1.8. The number of on-site evaluations of federal agency EEO programs conducted. X X 14 20 20 20

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

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
2.2.1. The number of consultations with employee stakeholders on operational and legal issues. 500 1,533 1,200 3,918 3,900 3,900
2.2.2. The number of employees and employee representatives provided EEOC's education and information materials, including representatives from under-served groups or communities. X X X X 30,000 30,000
2.2.3. 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. Develop plan. Plan developed. Implement plan activities for FY2000. Implemented FY2000 activities. Implement plan activities for FY2001. Implement plan activities for FY2002.
2.2.4. The number of additional EEOC publications most frequently requested in an alternate format and translated and available in 7 alternate languages (Spanish, Haitian/Creole, Vietnamese, Russian, Korean, Arabic and Chinese). X X X X Initiate efforts to make 15 publications available by the end of FY2002. Make 15 publications available by the end of FY2002.
2.2.5. Make information about employment discrimination and the federal EEO procedures available for the approximately 2 million federal employees, using the EEOC's web site and other innovative means. X X X X Make information available. Make information available.
2.2.6. Provide EEOC informational materials to federal sector employees and major employee groups identified in the prior fiscal year(s) and give appropriate follow-up assistance when contacted. X X X X Materials and assistance provided for those identified in FY2000. Materials and assistance provided for those identified in FY2000 and FY2001.

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.

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.1.1. Train EEOC employees. Train all employees. Trained virtually all employees. Train employees implem. the Comp. Enf. Program (CEP). Trained 82% of employees implem. CEP. Identify critical skill gaps and conduct training to address them. Continue training in identified areas of critical skill gaps.
3.1.2. The number of training prototypes developed from approaches identified for technology-based learning. X X X X Identify tech-based learning approaches. Develop at least one prototype.
3.1.3. The number of training videos prepared on recently adopted Commission guidance and distributed for EEOC employees. X X X X 2 2
3.1.4. The number of EEOC offices piloting and implementing the Quality Peer Review Program for the outreach and initial contact phases of the private sector enforcement process. X X X X Pilot in 3 field offices.
Prepare to implement in FY2002.
Implement in 5 field offices.
Develop an additional peer review module for investigations.
3.1.5. The percent of participants rating each Technical Assistance Program Seminar (TAPS) overall quality as acceptable or better. X X X X 90% 90%

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.2.1. Prepare Question and Answer documents in a simplified format to accompany all Commission approved policy. X X X X Prepare Q & As. Prepare Q & As.
3.2.2. Prepare for the Chairwoman's consideration by October 1 the proposed fiscal year regulatory agenda. X X X X Prepare agenda. Prepare agenda.
3.2.3. Address the regulatory agenda by preparing for the Chairwoman's consideration final regulations or notices of proposed regulations, or recommendations that regulatory matters be postponed or not completed and removed from the agenda. X X X X Address regulatory agenda. Address regulatory agenda.
3.2.4. Percent reduction in the average number of days to process internal EEO complaints from the previous fiscal year. X X 15%
Use innovative approaches including ADR
25%
Implemented ADR program & other innovative approaches
15% 15%
3.2.5. Develop and deliver diversity training to EEOC supervisors and managers. X X X X X Develop and deliver training.

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

STATEMENT 1999 2000 2001 2002
NO. Target Results Target Results Target Target
3.3.1. Percent or number of streamlined, updated, or eliminated internal directives in effect as of September 30, 1998. 10% 5% 10% 16% 17 directives. 8 directives.
3.3.2. Implement a new integrated financial management system. Implement system. System implem. X X Complete transition plans for implementation. Implement Core Accounting and Budget Modules.
3.3.3. Continue development, test and pilot a number of subsystems of the EEOC's Integrated Mission System (IMS). X X Continue to develop IMS. IMS development continued. Test 4 subsystems: private sector, federal sector, litigation and outreach. Pilot the 4 subsystems in field offices.
3.3.4. Implement a new human resources and payroll system. X X X X Complete 2-year transition and implementation of system.
3.3.5. 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. X X Initiate development of federal EEO data system. Identified requirements for a new data system and initiated contractor selection. Complete 2-year system development and implementation in 5 pilot federal agencies during FY2002.
3.3.6. Conduct an OMB Circular A-76 review of the IT Systems Design, Development and Programming activity. X X X X X Complete review in FY2002.
3.3.7. Percent of properly completed travel vouchers paid within 15 business days after receipt in headquarters. X X X X 80% 90%
3.3.8. Percent of full and open procurement actions for $25,000 or more posted on, and provided the opportunity for submitting electronic bids through, the government-wide Website for procurement activity. X X X X X 100%
3.3.9. Percent of procurement actions for less than $25,000 awarded within 25 business days after acceptance of the request. X X X X 90% 90%
3.3.10. Average number of business days to reduce to, and maintain, for awarding properly prepared procurement actions of $25,000 or more. X X X X 105 105
3.3.11. Number of calendar weeks, on average, to deliver a list of qualified candidates (a certificate) to the requestor after the request to post a vacancy announcement, assuming the Office of Personnel Management (OPM) maintains open investigator announcements and classifies, posts and issues certificates for complex positions. X X X X Within 8 Within 6
3.3.12. Number of calendar days to complete each non-routine personnel action requested. (These actions include establishment/classification of positions, reasonable accommodation requests, and some separation actions, i.e., involuntary separations and transfers to other government agencies.) X X X X 90 90
3.3.13. Number of calendar days to accurately complete routine personnel actions received. (These actions include non-competitive reassignments and promotions, changes in benefits and accessions.) X X X X 10 10

APPENDIX C-4
GPRA Annual Performance Report
Fiscal Year 2000


This page was last modified on May 3, 2001.

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