Section C - Hearings

In a federal sector discrimination complaint at the hearings stage, an EEOC Administrative Judge (AJ) may oversee discovery and hold a hearing or issue a decision on the record. If a hearing is held, an AJ will hear testimony from witnesses, review relevant evidence, and make findings of fact and law in a decision issued to the parties. In lieu of holding a hearing, an AJ may, in appropriate cases, procedurally dismiss a case or issue a summary judgment decision.

1. Hearings Inventory
   • Since FY 1999, the hearings inventory has decreased by nearly 34% from 12,808 cases to 8,467 cases.
   • The reduction in the hearings inventory reflects greater efficiency in case processing which resulted in increased case closures, as well as a decrease in hearing requests.

     Figure 11 - Hearings Inventory
     FY 1999 - FY 2003

     
2. Hearings Requested
   • In FY 2003, hearing requests increased, by 3% to 9,918 from the 9,617 hearing requests in FY 2002, but have decreased generally by 22% from the 12,637 hearing requests in FY 1999.

     Figure 12 - Requests for EEOC Hearings ⁽¹⁰⁾
     FY 1999 - FY 2003

     
3. Hearings Closures
   • During FY 2003, the EEOC's Hearings Program resolved 12,230 cases, including 106 class actions, a 5% increase over the 11,666 cases closed in FY 2002.,/li>
   • Of the 12,124 individual cases closed in FY 2003: 1,974 (16.3%) were by decision following a hearing; 2,804 (23.1%) were by decisions on the record; 3,951 (32.6%) were closed by settlements; 1,551 (12.8%) were by procedural dismissal; and 1,844 (15.2%) were withdrawals.

     Figure 13 - Hearings Program Closures ⁽¹¹⁾
     FY 1999 - FY 2003

     

     Figure 14 - Average Processing Days for Hearings
     FY 1999 - FY 2003

     
   • While the average processing time for hearings held steady between FY 2002 and FY 2003, the average age of the pending inventory declined over the same period from 347 days in FY 2002 to 296 days in FY 2003. In doing so, the FY 2003 average age of the opened hearing inventory returned to its FY 1999 level (also 296 days).
4. Agency Actions on AJ Decisions
   • Agencies may either fully implement an AJ's final decision, or appeal the AJ's decision to EEOC's Office of Federal Operations (OFO).
   • In FY 2003, agencies appealed only 2% of all AJ decisions. However, agencies appealed 37% of the cases where an AJ found discrimination.

     Table 11 - Agency Actions on AJ Decisions
     FY 2000 - FY 2003

     Fiscal Year	Finding Discrimination		Finding No Discrimination		Totals
     	Fully Implemented	Appealed	Fully Implemented	Appealed	Fully Implemented	Appealed
     2000	143	67	3,935	14	4,078	81
     2001	194	122	3,636	44	3,830	166
     2002	197	106	3,644	0	3,841	106
     2003	159	92	3,639	3	3,798	95

5. Monetary Benefits Awarded at the Hearing Stage

   Figure 15 - Monetary Benefits Awarded from Hearings
   FY 1999 - FY 2003

   
   • In FY 2003, AJ decisions and settlements at the hearings stage awarded $52.4 million in benefits to complainants. Monetary benefits at the hearing stage have steadily increased since FY 1999.

This page was last modified on May 14, 2004.

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