The U.S. Equal Employment Opportunity Commission

Department of Commerce (COMMERCE)

Permanent Workforce: 36,505 Temporary Workforce: 3,588 Total Workforce: 40,093

Workforce Composition

Employee Pool Total # Men Women Hispanics Whites Blacks Asian Americans/ Pacific Islanders American Indians/ Alaskan Natives Individuals with Targeted Disabilities
Permanent Work Force 36,505 53.67% 46.33% 3.65% 70.69% 16.69% 8.40% 0.58% 0.87%
Major Occupations:
Meteorology 2,581 88.96% 11.04% 2.21% 93.26% 2.17% 2.09% 0.27% 0.35%
Statistics 1,377 47.20% 52.80% 5.66% 67.54% 22.00% 4.36% 0.44% 0.44%
GS-14 and GS-15* 8,842 70.66% 29.34% 2.73% 75.94% 8.90% 12.09% 0.34% 0.37%
Senior Pay Level* 527 75.52% 24.48% 1.90% 85.58% 7.21% 5.12% 0.19% 0.57%
First-Level Officials/Managers 611 45.50% 54.50% 4.58% 62.68% 29.30% 3.11% 0.33% 0.65%
Mid-Level Officials/Managers 1,457 66.99% 33.01% 4.12% 80.78% 11.26% 3.36% 0.48% 0.34%
Senior-Level Officials/Managers 1,968 75.41% 24.59% 2.13% 83.18% 7.27% 7.06% 0.36% 0.36%
Unclassified Managers 47 89.36% 10.64% 8.51% 68.09% 23.40% 0.00% 0.00% 0.00%

*Does not include pay-banded employees

EEO Complaint Processing

  1. Counseling

    Of the 329 pre-complaint counselings (without remands) completed in FY 2005, COMMERCE timely processed 64.4%.

  2. Issues and Bases of Complaints Filed

    Of the 186 complaints filed at COMMERCE, the top 3 issues of alleged discrimination were: (1) Harassment - Non-Sexual; (2) Terms/Conditions of Employment; and (3) Assignment of Duties.  The top 3 bases of alleged discrimination were: (1) Reprisal; (2) Age; and (3) Race - Black.

  3. Complaint Processing Times

    COMMERCE's average time for completing an investigation was 435 days.  The government-wide average was 237 days in FY 2005.

    COMMERCE's average processing time for all complaint closures increased from 588 days in FY 2004 to 605 days in FY 2005.  The government-wide average was 411 days.

  4. Pending Inventory

    COMMERCE had a total of 322 complaints pending at the end of FY 2005, with 2 pending acknowledgment; 109 pending investigation for an average of 128 days; and 81 pending the issuance of final decisions for an average of 602 days.

  5. Costs

    COMMERCE agreed to pay $99,000 for 18 pre-complaint settlements, of which 5 were monetary settlements averaging $19,800.  COMMERCE expended a total of $922,599 for 210 complaint investigations, for an average expenditure of $4,393.

    COMMERCE agreed to pay a total of $814,293 for 57 complaint closures through settlement agreement, final agency decisions, and final agency orders fully implementing AJ decisions.  For complaint closures with benefits, the average award was $14,286.

Outcome of Counselings Completed in FY 2005

Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 293 36 329
Settlements 7 2.4% 11 30.6% 18 5.5%
No Complaints Filed 37 12.6% 9 25% 46 14%
Complaints Filed* 179 54.4%
Decision to File Complaint Pending at End of Fiscal Year 86 26.1%

*Includes only complaints filed in FY 2005 where counseling was also completed during FY 2005.

Agency Use of ADR for EEO Dispute Resolution

Counselings / Complaints

ADR Offers*

 ADR Participation*
# # % # %
FY 2004 Completed/Ended Counselings 280 192 68.6% 54 19.3%
FY 2005 Completed/Ended Counselings 329 233 70.8% 40 12.2%
Percentage Change from FY 2004 to FY 2005 17.5% 21.4% -25.9%
FY 2004 Complaint Workload ** 635 54 8.5% 13 2.1%
FY 2005 Complaint Workload ** 549 72 13.1% 12 2.2%
Percentage Change from FY 2004 to FY 2005 -13.5% 33.3% -7.7%

*Using newly collected data, EEOC revised the formula for calculating the ADR offer and participation rates in FYs 2004-2005.

**Includes all complaints filed in the fiscal year, including those where the counseling was completed in the prior fiscal year.

Timeliness

Total # # Timely % Timely FY 2004 APD* FY 2005 APD % Change
All Completed/Ended Counselings (minus remands) 329 212 64.4%
All Investigations 210 52 24.8% 539.1 434.5 -19.4%
All Complaint Closures 225 587.5 605 3%
Merit Decisions (no AJ) 65 35 53.9% 999.1 962.3 -3.7%
Dismissal Decisions (no AJ) 41 179 126.83 -29.1%

*APD = Average Processing Days

Outcomes of Complaints in FY 2005

Complaint Outcomes Complaint Closures Final Agency Decision (no AJ decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
# % # % # % # %
Total Complaints Filed 186
Total Closures 225
Settlements 57 25.3%
Withdrawals 15 6.7%
Total Final Agency Actions 153 68% 106 69.3% 47 30.7% 0 0%
Dismissals 41 26.8% 41 100% 0 0% 0 0%
Merit Decisions 112 73.2% 65 58% 47 42% 0 0%
Finding Discrimination 0 0% 0 -- 0 -- 0 --
Finding No Discrimination 112 100% 65 58% 47 42% 0 0%

 

This page was last modified on June 22, 2006.

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