Return to Home PagePromote and Expand Mediation/Alternative Dispute Resolution (ADR)
Strategic Enforcement and Litigation
The President's Management Agenda
The President's New Freedom Initiative
EEOC's Freedom to Compete Initiative
Leading Inter-Agency Coordination
Relationship Between Strategic Plan and Annual Performance Plan Measures
Relationship Between Strategic Plan and Annual Performance Plan Measures
Relationship Between Strategic Plan and Annual Performance Plan Measures
A Strong and Prosperous Nation Secured Through a Fair and Inclusive Workplace.
We Promote Equality of Opportunity in the Workplace and Enforce Federal Laws Prohibiting Employment Discrimination.
The Equal Employment Opportunity Commission was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC enforces the following federal statutes:
Additionally, under Executive Order 12067, the EEOC coordinates all federal equal employment opportunity regulations, practices, and policies. The Commission also interprets employment discrimination laws, monitors the federal sector equal employment opportunity program, provides funding and support to state and local Fair Employment Practices Agencies (FEPAs) and Tribal Employment Rights Organizations (TEROs), and sponsors outreach and technical assistance programs.
Any individual who believes he or she has experienced discrimination in employment may file a charge with the EEOC in any of its field offices. After investigating the charge, the EEOC determines whether there is "reasonable cause" to believe discrimination has occurred. If "reasonable cause" is found, the EEOC attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court to remedy the discrimination. As part of the administrative process, the EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing the charging party to file their own individual action in court.
The EEOC also offers mediation as an alternative means of dispute resolution. Rather than initially going through the traditional charge investigation process, the parties may first elect to resolve the charge voluntarily with the help of a neutral mediator.
The statutory and regulatory context for EEOC's federal program differs from its private sector enforcement program in several important ways most notably, the EEOC has adjudicatory authority to hold hearings, issue decisions, and review matters on appeal. In the federal sector, individuals file complaints with their own agencies first and the employing federal agency initially investigates the claims of employment discrimination raised in the complaint. The complainant can then request a hearing by the EEOC on those claims. Administrative Judges from the EEOC complete the process of developing a full and appropriate record in the hearings process by adjudicating claims of discrimination and issuing decisions. Hearings are held only as part of the federal sector process. Also, a complainant or a federal agency can file an appeal with the EEOC. Relief ordered in a final Commission decision is mandatory and binding on the agency, except in limited circumstances. If dissatisfied with the outcome of either a hearing or an appeal, a federal sector complainant, like a private sector charging party, can file a lawsuit in federal court to resolve the claims of discrimination.
The promise of equal opportunity is a legal right afforded to all of our nation's workers and job applicants, and is woven into the fabric of the American dream. Since its inception in 1965, the Equal Employment Opportunity Commission (EEOC) has helped individuals realize this dream. Equal opportunity in the American workplace is a matter of social justice and a national economic imperative. America plays an important leading role in today's global marketplace. To continue that role, we must make full use of the nation's human capital by promoting workplace practices that allow all workers to achieve their highest potential.
Developing a strategic vision of the future has never been more important for EEOC. Today's emerging workplace issues are vastly different from those of a decade ago. Technological advancements, unprecedented economic growth, the globalization of world markets and profound demographic shifts are reshaping the American workplace.
Researchers forecast an increasingly diverse American workforce. Ethnic and racial minority groups will continue to grow at a rapid pace. More people with disabilities are joining the workforce because of recent technological advances, improvements brought about in the last decade by the Americans with Disabilities Act, and greater numbers of young people with disabilities who have successfully participated in America's educational system since the passage of the Individuals with Disabilities in Education Act. Our workforce is also aging as America's "Baby Boom" generation redefines attitudes and expectations toward work and retirement. For example, research shows that 80 percent of Baby Boomers plan to work at least part-time during their retirement years.1
The very nature of the traditional employer-employee relationship is also undergoing dramatic change. Fiercely competitive global markets, an economy with many companies undergoing restructuring and reengineering, and technological advances are producing a more mobile and flexible workforce. Employers and employees may negotiate complex issues, including individualized compensation and benefits packages, telecommuting arrangements, and flexible work schedules. America's younger workers no longer look to a single, long-term employer for job security, but rather customize their own career paths by acquiring marketable skills through a variety of employment experiences.2 These social, economic and demographic trends have important implications for the EEOC and the work we do. Our Strategic Plan is designed to integrate all of our efforts to keep pace with these dynamic changes.
The Strategic Plan has three broad Strategic Objectives–Justice and Opportunity, Inclusive Workplace, and Organizational Excellence–based on the agency's vision, mission and Five-Point Plan. The Five-Point Plan builds upon what the agency has done to improve its operations and seeks to broaden the agency's reach by increasing proactive measures to prevent discrimination; resolving claims of discrimination more proficiently; expanding alternative dispute resolution; developing a more strategic focus in our enforcement, litigation and federal programs; and enhancing the agency's internal operations. Our Strategic Plan also incorporates other key initiatives, including: the President's Management Agenda, the President's New Freedom Initiative, the EEOC's Freedom to Compete Initiative, and the agency's responsibilities for Leading Inter-Agency Coordination. We set out the Five-Point Plan and each of these key initiatives in the following sections. We then describe each Strategic Objective, their relationship to the Five-Point Plan, and expected outcomes and performance measures for each.
All of the measures in this Strategic Plan are intended to demonstrate in a concrete way the EEOC's impact on creating fair and inclusive workplaces across America. The measures are results-oriented and expressed in directly quantifiable terms or can be assessed through program evaluations. These measures of success are a major step forward in how we view, manage and carry out the important work of the Commission.
1Patel, David. Society for Human Resource Management, Workplace Forecast: A Strategic Outlook 2002-2003, Society for Human Resource Management (July 2002).
EEOC's Five-Point Plan provides the framework for accomplishing our agency's mission and is central to our three overarching Strategic Objectives. The Five-Point Plan places a premium on coordination, innovation and results. Under the Plan, all facets of EEOC's work will be viewed with an eye toward being more proactive and more effective. Each element of the Five-Point Plan is described below.
The best way to combat discrimination is to prevent it from happening in the first place. We will work to proactively prevent discrimination by providing information and solutions to members of the public that will help them identify and solve problems before they escalate. We will serve as a clearinghouse of reports and best practices to encourage learning and understanding among employers and employees. We will also introduce new and innovative outreach activities, such as: teleconferences, technical assistance visits, flexible training opportunities, an enhanced Web site, information dissemination through public radio and television, cyber forums, and partnerships and strategic alliances to strengthen efforts and build support. In essence, we will work to promote healthy workplace practices and to instruct managers in an effort to find the "cure" for discrimination.
Providing quality services that are fair, prompt, and cost effective, is vital to the EEOC's mission. We will ensure that our work is consistent, accurate and timely. The EEOC will evaluate and improve every stage of the private sector charge process and will collaborate with other federal agencies in our effort to make the federal complaint process more efficient. The EEOC will also introduce new performance techniques to streamline procedures, while enhancing the integrity of our processes.
Promote and Expand Mediation/Alternative Dispute Resolution (ADR)
Promoting and expanding mediation and other types of ADR is the centerpiece of the EEOC's Five-Point Plan. Our private sector mediation program has demonstrated that disputes can be settled quickly, amicably and cost-effectively through ADR techniques.
We will build on earlier successes through the continued development of a comprehensive agency-wide ADR program. We will review the pool of private sector charges eligible for mediation and offer mediation at various stages of the private sector charge process. We also will work to expand the number of private employers participating in Universal Agreements to Mediate, which allow EEOC to attempt mediation in all cases involving an employer so long as the charging party consents.
EEOC will also expand the use of ADR in the federal sector program by continuing to explore new and different ADR methods, identifying ADR methods that prove most efficient and cost effective at the hearings stage of the federal complaint process, and evaluating the results of an appellate-stage mediation program piloted in 2002. We will continue to expand and improve our Federal Sector ADR web page, which serves as a clearinghouse about ADR for federal employees.
Strategic Enforcement and Litigation
We must use all research tools available to us, and deploy agency resources strategically, if we want to have a meaningful impact on discrimination in today's workplace and the workplace of the future. We will examine emerging workplace trends and issues in both the private and federal sectors and use this information to make reasoned and calculated decisions about what issues merit our attention and how we can better integrate our policy guidance, investigative, litigation and federal coordination functions. In determining where the agency needs to concentrate its enforcement and litigation efforts, the EEOC will establish baseline information on investigation, litigation and federal sector activities; examine recent court decisions; consult with agency staff and stakeholders; evaluate the agency's outreach activities; and conduct annual reviews of economic indicators, demographic trends, employer practices, industry literature and legislative initiatives. Finally, we will continue to strengthen partnerships between EEOC investigators and attorneys and between the EEOC and other federal agencies.
The President's Management Agenda (PMA) provides the roadmap for the final point of the agency's Five-Point Plan. The President's agenda addresses important enhancements to internal agency operations and its interface with the public. The integration of our Five-Point Plan and other Administration and agency initiatives will help build a model workplace where we can effectively and efficiently accomplish our goals in an environment conducive to good employment practices.
The very principles and standards we promote to employers should be readily apparent in our own operations. To achieve our aims, we will build an organization committed to providing opportunities for EEOC employees to grow professionally. We will accomplish this through occupational and leadership development, performance management programs, the use of enabling technologies and a flexible, adaptable work environment that is conducive to teamwork. We will build a model workplace with programs and practices worthy of emulation.
As an adjunct to our Five-Point Plan, in recent years the EEOC has been focusing on four key initiatives. They are:
The President's Management Agenda
The President's Management Agenda envisions a citizen-centered, results oriented, and market-based federal government and contains five government-wide areas to improve agency management and deliver results to the American public. These initiatives are:
EEOC has incorporated each of these critical initiatives into its Five-Point Plan.
The President's New Freedom Initiative
In 2001, President Bush launched the New Freedom Initiative (NFI) – a comprehensive strategy for achieving full integration of individuals with disabilities into all aspects of the nation's social and economic life. Access to employment is, of course, one critical aspect of full integration. As the law enforcement agency responsible for enforcing the employment title of the Americans with Disabilities Act (ADA), the EEOC continues to work closely with other federal agencies and the White House to implement the NFI in the workplace.
The President's New Freedom Initiative emphasizes the importance of telework and technological innovation as vehicles for increasing employment of people with disabilities. The EEOC has launched initiatives on both telework and technology as they relate to an employer's obligation to provide reasonable accommodation under the ADA, and will continue to undertake aggressive outreach efforts aimed at small businesses and people with disabilities.
EEOC's Freedom to Compete Initiative
The agency launched the Freedom to Compete Initiative in 2001. Through the Freedom to Compete Initiative, the EEOC works to ensure that all Americans have the opportunity to compete in the workplace on a fair and level playing field, without regard to race, color, religion, national origin, sex, age, or disability. This initiative focuses on building partnerships, liaisons, and strategic alliances with our stakeholders to identify and eliminate organizational and attitudinal barriers that may still be obstructing open competition in the workplace and to develop proactive and innovative solutions to eliminate those barriers.
The initiative will be accomplished through a multi-phased approach that will culminate in its institutionalization at EEOC. In phase one of the initiative, we engaged a cross-section of stakeholders in a dialogue about the EEOC and explored with them how we could broaden our presence and more proactively address 21st Century workplace issues. In the future, the EEOC will be partnering, developing alliances and using other collaborative efforts to engage stakeholders in efforts to influence the opinion leaders in the economic community and drive change in the workplace. We will enhance our outreach and education efforts to include roundtable discussions, commission meetings, and public service announcements. Also, we will develop programs to honor and recognize individuals and organizations that demonstrate exemplary efforts to open doors to employment and level the playing field to ensure free and fair competition in the workplace.
Leading Inter-Agency Coordination
The EEOC serves as the lead agency in the coordination of federal agencies' enforcement of all federal statutes, Executive Orders, regulations, and policies requiring equal employment opportunity without regard to race, color, religion, sex, national origin, age or disability. Since the issuance of Executive Order 12067 in 1978, the EEOC has exercised this responsibility in many different ways by coordinating and cooperating with key federal agencies responsible for areas of equal employment opportunity. The EEOC will reinvigorate its leadership of equal employment policies and programs.
Our Strategic Plan identifies three Strategic Objectives: Justice and Opportunity, Inclusive Workplace and Organizational Excellence. Elements of the Five-Point Plan are incorporated under each Strategic Objective, as described in the chart below. Within the overall framework of the Strategic Objectives, the Five-Point Plan serves as a guide for staff to explore ways to make the best use of EEOC data, information and experiences.
Justice and Opportunity: Serve the public interest by obtaining justice for individuals who experience employment discrimination and by removing discriminatory barriers to create a level playing field. This strategic objective is designed to position the agency to continue to have a meaningful impact on discrimination in today's workplace and the workplace of the future. Our strategies for achieving this objective are founded on three points of the EEOC's Five-Point Plan:
Inclusive Workplace: Strengthening America's workplace by preventing discrimination and promoting workplace policies and practices that foster an inclusive work culture. This strategic objective is designed to fashion more proactive approaches to preventing discrimination from occurring in the first place. Our strategies for achieving this objective are founded on one point of the EEOC's Five-Point Plan:
Organizational Excellence: Establish an organizational infrastructure that will set and implement the highest quality standards for equal opportunity, customer service, internal efficiency and fiscal responsibility. This strategic objective recognizes that the standards we promote to other employers should be readily apparent in our own operations. Our strategies for achieving this objective are founded on one point of the EEOC's Five-Point Plan:
Serve the public interest by obtaining justice for individuals who experience employment discrimination and by removing discriminatory barriers to create a level playing field.
Since 1965, the EEOC has been charged with enforcing the nation's civil rights employment laws, which protect individuals from discrimination in the workplace. During this time, additional legal protections have been created by Congress, interpreted by the courts, and applied in the public and private business arenas. Also, the American workplace itself has undergone unprecedented social, technological and demographic change. Notwithstanding the changing times, we continue to hold true to our fundamental responsibility—seeking to correct the wrongs of employment discrimination and bringing justice and equal opportunity to the workplace.
As we continue to carry out our mission in the new millennium, we must enhance public confidence in our ability to timely, accurately, and consistently resolve charges of discrimination against private sector employers. We will conduct investigations as impartial finders of fact. When discrimination is found, we will work to correct the injustice and effect change in the workplace through all avenues available, including conciliation and litigation. We will also introduce more workers and employers to the benefits of ADR by expanding the use of our voluntary mediation program.
The EEOC also must ensure that the doors of justice and opportunity are open to America's federal workers and applicants for federal employment. Through oversight of the federal equal employment opportunity (EEO) complaint process and the administration of our federal hearings and appellate programs, we will ensure the fair, efficient, and equitable resolution of employment discrimination disputes.
To have a meaningful impact on discrimination in today's workplace and the workplace of the future, we must approach our enforcement activities more strategically, with an eye toward emerging workplace trends, changing workforce dynamics, and shifting demographics. We must employ our resources in ways that will achieve maximum results, while still protecting the rights of the individual. Through focused and strategic enforcement efforts, we will seek to broadly influence policies and practices in the American workplace and to bring justice and opportunity to all.
For our Justice and Opportunity Strategic Objective, we will strive to remedy and deter unlawful discrimination, and increase public confidence in the fair and prompt resolution of employment discrimination disputes. These broad outcomes focus our measures and strategies on three points of the EEOC's Five-Point Plan: Proficient Resolution, Promoting and Expanding Mediation/ADR and Strategic Enforcement and Litigation. We will measure our performance in each of these areas to assess our progress towards meeting the expected outcomes.
Outcomes
Remedy and Deter Unlawful Employment Discrimination
Increase Public Confidence in the Fair and Prompt Resolution of
Employment Discrimination Disputes
| Proficient Resolution | 1.1.1 | By FY 2009, ensure that at least 70% of private sector charges will be resolved within 180 days. |
|---|---|---|
| 1.1.2 | By FY 2009, ensure that at least 50% of federal sector hearings will be resolved within 180 days. | |
| 1.1.3 | By FY 2009, ensure that at least 70% of federal sector appeals will be resolved within 180 days. | |
| 1.1.4 | By FY 2009, reviews of investigative files indicate that the percentage of files meeting established criteria for quality is at [TBD]%* or higher. | |
| 1.1.5 | By FY 2009, the general public rates their confidence in EEOC's enforcement of federal equal employment laws at [TBD]%* or higher. | |
| Promote and Expand Mediation/ADR | 1.2.1 | Assess the contributions of EEOC's private sector mediation/ADR program towards improved workplaces. |
| 1.2.2 | By FY 2006, increase by 20% the number of private sector employers that agree to participate in mediation from the fiscal year 2003 baseline. | |
| 1.2.3 | The percentage of respondents and charging parties that report confidence in EEOC's private sector mediation program is 90% or higher. | |
| 1.2.4 | By FY 2009, increase the percentage of federal employees who participate in ADR during the pre-complaint stage of the EEOC process to 50% or higher. | |
| Strategic Enforcement | 1.3.1 | By FY 2009, [TBD]%* of private sector resolutions, where EEOC is a party, result in improvements to employment policies, practices or procedures. |
| 1.3.2 | EEOC's high impact litigation and publicity efforts subsequently change workforce status (for example, job opportunities, working conditions, pay, workforce composition) of affected groups and/or improves employment policies, practices or procedures in affected workplaces. | |
| 1.3.3 | Of the lawsuits filed by EEOC, 90% or higher are successfully resolved during period ending in FY 2009. | |
| 1.3.4 | EEOC's federal sector program evaluations and technical assistance efforts result in federal agencies improving employment policies, practices and procedures. |
*[TBD]=[To Be Determined]
For the Proficient Resolution element of the EEOC's Five-Point Plan, our three measures of success focus on timeliness, quality, and public confidence in our enforcement of the nation's federal equal employment laws. The goal of resolving 70% of the charges within 180 days builds upon a steady stream of success in reducing the average charge processing time from a high of 336 days in 1995 to only 171 days in 2002. The target value reflects a balance of our desire to continue the trend of providing prompt service while preserving our ability to devote the necessary time and attention to charges that present meritorious or complex claims and to remedy discrimination where it is found. The goal of resolving 50% of federal sector hearings and 70% of federal sector appeals within 180 days is ambitious, given that only 24% of hearings and 40% of appeals were completed within 180 days in 2002. These target values reflect our commitment to bring about dramatic change in the federal sector process. Our quality review measure is intended to ensure that we do not complete our work quickly at the expense of performing our work well.
Our public confidence goal is an entirely new measurement area for EEOC. An important indicator for determining our success as an agency is built upon the public's view of how effective we are in enforcing the employment discrimination statutes, regulations and Executive Orders for which we are responsible. If the public is familiar with our enforcement efforts and believes that we have responsibly and effectively addressed workplace discrimination, members of the public will be more likely to come to us for assistance when they believe they have been subjected to discrimination and will trust that we will capably handle their complaint. Additionally, if the agency's reputation is one of a fair and neutral enforcer of the civil rights employment laws, employers, attorneys and members of the general public will have confidence in our impartial role as a law enforcement agency.
For the Promote and Expand Mediation/ADR element of the Five-Point Plan, our four measures focus on assessing the advantages of mediation to the workplace environment, increasing participation in mediation in both the private and federal sectors, and maintaining a high level of confidence in the EEOC's mediation program. The goal to assess the advantages of mediation to the workplace environment is intended to demonstrate and document the benefits of mediation, such as reducing unnecessary costs and conflicts, fostering amicable working relationships, and enhancing employee satisfaction and productivity. This goal is a new way of measuring the success of our mediation program.
A study of the EEOC's mediation program has shown that the participants in EEOC's private sector mediation program have indicated a high level of satisfaction in the process, regardless of the outcome of their disputes. Through a program evaluation to assess our achievement of this goal, we will build upon past studies and document the many positive contributions that mediation brings to the workplace. The goals of increasing participation in private sector mediation and maintaining a high level of confidence in the EEOC's mediation program are intended to bring about the types of positive changes to the workplace described above. In addition to contributing to a more positive and productive working environment, all of these measures will demonstrate that private sector mediation is a powerful tool for increasing the public confidence in the fair and prompt resolution of employment discrimination disputes.
The federal sector ADR measure is expected to increase ADR participation in the pre-complaint stage of the EEO complaint process to 50% or higher to reduce the number of EEO matters that result in formal EEO complaints. For example, in fiscal year 2002, there were 55,441 EEO matters raised during the pre-complaint, informal process; either with an agency EEO Counselor or an ADR Intake Officer. In 12,800 or 23% of them, individuals agreed to participate in the ADR process during the pre-complaint stage. By increasing the ADR participation rate, it is expected that there will be a decrease in the number of formal complaints filed. This should result in reduced costs for the federal agencies and EEOC, as well as provide faster resolutions to the issues raised at this stage.
Fiscal year 2001 and 2002 data reveals that the percentage of formal complaints has been decreasing. For example, in fiscal year 2001, there were 47,658 EEO matters raised at the pre-complaint stage, and 23,301 (48.8%) formal EEO complaints were filed. In fiscal year 2002, however, there were 55,441 EEO matters raised in the pre-complaint stage, but only 21,945 (39.6%) formal EEO complaints were filed. As successful ADR programs are adopted and cost savings achieved, agencies will be able to shift valuable resources to proactive prevention activities that are aimed at resolving conflict in the workplace at an earlier stage to create more productive and efficient workplaces.
For the Strategic Enforcement and Litigation element of the EEOC's Five-Point Plan, our four measures focus on improving workplace policies, practices and procedures, improving working conditions in a broad array of workplaces, and maximizing the impact of our litigation program. Success in all four measures will lead to the outcome of remedying and deterring unlawful employment discrimination. The goal of improving workplace policies, practices and procedures both through private sector resolutions and through the federal sector program evaluations and technical assistance is another new and important way by which we will measure program results. We must therefore obtain baseline data to assess the current impact of our activities in this area before we can set a target for the results we expect to achieve.
The goal of improving the working conditions in affected workplaces through high impact litigation and publicity efforts is intended to assess the positive change not only at the workplace where discrimination has occurred, but also the ripple effect of positive change within a geographic community, an industry, or even among the employer community generally. The agency will identify specific cases, when filed or resolved, that are expected to have a broader impact because of the precedent-setting scope or issues involved. These types of cases are noted by the legal community of employee and employer representatives and constituency groups, because they are expected to have a significant impact on the workplace. The EEOC wants to find ways to measure the impact that results from these types of cases. This measure is entirely new for the EEOC, and will require a program evaluation to assess.
The goal of maintaining a 90% rate for successfuly resolving our lawsuits aids in deterring and remedying discrimination in the workplace. A study of the litigation program from 1997 to 2001 demonstrated our ability to maintain this level of success. As defined in the study and for this measure, successful resolutions include cases decided by favorable court order and those concluded through a consent decree or a settlement agreement in litigation. This target value ensures that we will continue to exercise our prosecutorial discretion responsibly, while allowing us to take on emerging issues and trends. The target value for this measure represents a nationwide average over the six-year period of the plan.
Proficient Resolution
Promote and Expand Mediation/ADR
Strategic Enforcement and Litigation
The EEOC's Annual Performance Plans for FY 2004 - 2009 will contain performance indicators for measuring progress in meeting targets set in the Strategic Plan and will schedule program evaluations for those measures which are not directly quantifiable. Some of these measures will require the EEOC to develop survey tools that will allow the agency to collect data from external groups, and others will depend on analyzing internal data in new ways. We will establish targets in the Annual Performance Plans on the preferred rate of change each year over the six-year period of the agency's Strategic Plan.
Strengthen America's workplace by preventing discrimination and promoting workplace policies and practices that foster an inclusive work culture.
At EEOC, we believe that the best way to combat workplace discrimination is to prevent it from happening in the first place. Educating employers and workers about their rights and responsibilities under the law is the first step toward an inclusive work culture – where all workers are judged on their talents and abilities, without regard to race, ethnicity, color, religion, sex, age or disability.
Americans spend a great deal of time at work and our attitudes can be significantly shaped by what goes on there. Employment discrimination often stems from attitudinal barriers such as prejudice, stereotyping, and misunderstanding, as well as lack of knowledge of the law. By fostering a work culture that embraces equality of opportunity, we can set the right framework for changing attitudes and creating better workplaces.
A strong prevention program helps employers comply with the law, and breaks down barriers to employment opportunities. Through outreach and education, the EEOC seeks to prevent unlawful exclusionary practices from taking root at all. Through new and innovative proactive approaches, we will direct the nation toward sound workplace practices that foster a level playing field and allow the best talent to emerge. In addition, through clear and fair interpretation of the law and responsiveness to emerging issues and trends, we will forge a strong national civil rights policy and contribute to better workplace policies and practices and a greater understanding of rights and responsibilities. Encouraging inclusive, equal opportunity workplaces is a powerful prevention strategy.
The EEOC recognizes that many employers and employees today are committed to equal employment principles. Prevention strategies should seek to strengthen our shared responsibility for implementing these principles and to extend this commitment to new generations. This is increasingly important as American society becomes more diverse and new challenges to equal opportunity principles arise.
For our Inclusive Workplace Strategic Objective, we will strive to achieve increased voluntary compliance with the federal equal employment laws, and increased individual awareness and understanding of rights and responsibilities. Our measures and strategies are focused with these broad goals on one point of the EEOC's Five-Point Plan: Proactive Prevention.
Outcomes
Increase Voluntary Compliance with the Federal Equal Employment
Laws
Increase Individual Awareness and Understanding of Rights and
Responsibilities
| Proactive Prevention | 2.1.1 | By FY 2009, [TBD]%* of private and federal sector employer representatives who participate in a major outreach initiative or training and technical assistance program, indicate an improvement in an employment policy, practice or procedure as a result of participation. |
|---|---|---|
| 2.1.2 | By FY 2009, increase to 50% the percentage of federal agencies that successfully implement the model EEO program attributes described in EEOC guidance. | |
| 2.1.3 | By FY 2009, increase the percent of individuals demonstrating an awareness of their equal employment opportunity rights and responsibilities by [TBD]%*. |
*[TBD]=[To Be Determined]
For the Proactive Prevention element of the EEOC's Five-Point Plan, our three measures focus on improving workplace policies, practices, and procedures; increasing successful implementation of the model EEO program in federal agencies; and increasing individual awareness of rights and responsibilities. Our goal to improve workplace policies, practices or procedures as a result of major outreach initiatives, training and technical assistance is intended to measure the real world impact of our prevention efforts, and signals a renewed emphasis on using prevention strategies to combat employment discrimination. This goal is a new way for the EEOC to measure results of its outreach and technical assistance programs. Measuring these results will rely largely on conducting surveys of individuals and employers and tracking the efficacy of our efforts over the long run in the working environment. Because we lack baseline data on the current impact of our activities in this area, we cannot set target values for these measures at this time. Once they are established we will publish them in our annual performance plan. We believe that success in these measures will lead to the outcomes–increasing voluntary compliance with the federal equal employment laws and increasing individual awareness and understanding of rights and responsibilities.
The goal to successfully implement the attributes of the Model EEO Program in 50% of federal agencies is a new initiative for the EEOC. The Model provides a critical avenue for agencies to improve their workplaces and afford equal employment opportunity. We will issue guidance to assist agencies in achieving equality of opportunity in the federal workplace and assist agencies to design and implement strategic programs that identify and eliminate barriers to equal employment opportunity. By adopting the attributes of the Model EEO Program, agencies will be able to attract, develop, and retain top-quality employees and prevent workplace conflicts from rising in the first instance. Where they arise, however, agencies with effective EEO and ADR programs will be able to resolve matters at an early stage, particularly at the pre-complaint informal stage, and reduce the number of formal EEO complaints requiring investigation and adjudication. As a result, agencies will be able to shift resources from costlier EEO complaint adjudication activities to proactive prevention. As part of the Model, we will develop a scorecard covering selected indicators that will help agencies measure their progress in establishing the Model EEO Program.
Because our measures for Proactive Prevention mark a major departure from past ways of measuring success in ths area, the first step in devising new annual performance measures will be to establish baseline data to assess our current efforts in these areas. We will use customer surveys as a primary tool to collect data improvements in the workplace as a result of participation in EEOC's outreach, training and/or technical assistance programs. In the federal sector, we will establish a baseline depicting the total number of agencies with EEO programs that already meet established criteria for a model program, and we will include performance indicators in Annual Performance Plans which measure EEOC's progress in increasing the number of agencies who implement the model program criteria from one year to the next.
America faces extraordinary human capital challenges in the decades ahead. Identified means and strategies foster workplace policies and practices that make the most effective and efficient use of human capital through open and free workplace competition. While these proactive approaches fall within our statutory charge and mission, increased emphasis on them will present new management challenges for the agency.
The EEOC seeks opportunities to partner with a wide variety of federal agencies to achieve our objective. Below we present a selection of partnerships targeted to achieve our aims.
Establish an organizational infrastructure that will set and implement the highest quality standards for equal opportunity, customer service, internal efficiency and fiscal responsibility.
Become the world's preeminent civil rights employment law agency and serve as the standard bearer for excellence in outreach, enforcement and professionalism.
Excellence in our service to the public through professionalism, diligence, and dedication.
Empowerment of our employees through development, recognition, respect, access, and inclusion.
Ownershipof our performance through results, accountability, and quality work.
Commitment to our mission through integrity, leadership and team work.
Our goal for the Organizational Excellence Strategic Objective is to ensure that the principles and standards we promote are readily apparent in our own operations. We will achieve this goal and implement the final element of the Five-Point Plan, EEOC as a Model Workplace, through occupational and leadership development, performance management programs, the use of enabling technologies, and a flexible and adaptable work environment that is conducive to teamwork. To achieve our aims, we must build an organization committed to providing opportunities for EEOC employees to grow professionally. To be a model workplace, we will build programs and practices worthy of emulation.
The President's Management Agenda (PMA) provides the roadmap for this final element of the Five-Point Plan. The PMA addresses important enhancements to internal agency operations and its interface with the public. The integration of our Five-Point Plan and other Administration and agency initiatives will help build a model workplace where we can effectively and efficiently accomplish two broad outcomes in an environment conducive to good employment practices: improve organizational performance and efficiency, and instill a climate of respect, service and responsiveness.
Outcomes
Improve Organizational Performance and Efficiency
Instill a Climate of Respect, Service and
Responsiveness
| EEOC as a Model Workplace | 3.1.1 | By FY 2009, customers rate their confidence in EEOC's services at [TBD]%* or higher. |
|---|---|---|
| 3.1.2 | By FY 2009, EEOC will meet or exceed OPM's standards for demonstrating progress towards success in managing and developing human capital. | |
| 3.1.3 | By FY 2009, EEOC employees will rate their satisfaction in the area of human capital management at or above the overall average rating of all federal employees collected by the Office of Personnel Management in its Government-wide Survey. | |
| 3.1.4 | EEOC will receive an "unqualified" financial audit opinion each year from FY 2004 – FY 2009. | |
| 3.1.5 | By 2006, successfully implement the federal sector Model EEO program. | |
| 3.1.6 | By 2009, reduce the average time to process internal EEO complaints by at least 40%. | |
| 3.1.7 | The percentage of EEOC employees reporting a willingness to participate again in EEOC's internal EEO/conflict resolution mediation program, RESOLVE, will be 80% by FY 2009. | |
| 3.1.8 | By FY 2009, EEOC will maintain in electronic format 95% of the key documents necessary in active charge/case-related enforcement/ litigation files. |
*[TBD]=[To Be Determined]
For the EEOC as a Model Workplace element of the EEOC's Five-Point Plan, our measures reflect a wide variety of tools to improve the organizational efficiency of the agency and instill a climate of respect, service and responsiveness. Many of these measures–assessing customer confidence in the EEOC's services, achieving high standards in human capital management, demonstrating sound financial practices, and using technology to maintain important documents–are intended to carry out the President's Management Agenda, and further the agency's goal of becoming a model workplace.
Our customer confidence measure allows us to assess our staff professionalism, operations, and service delivery with those individuals and employers who interact with our agency. Based on information secured through this measure, the agency is committed to identifying ways to streamline and continuously improve to achieve excellence in customer service.
Managing human capital is one of the key initiatives of the President' Management Agenda. This initiative recognizes that agency success depends on the effective management of people. Being fully successful at this involves having a people strategy aligned with the EEOC's mission; maintaining a diverse, citizen-centered, and results-oriented workforce; and ensuring that employees acquire and maintain mission-critical skills. The Office of Personnel Management (OPM) has developed a scorecard by which agencies can evaluate their progress towards implementing a successful approach for managing and developing human capital. Some of those measures involve asking employees directly about their understanding of how the agency's human capital strategies are intended to work, knowledge of the agency's work and competency in mission critical occupations, effectiveness of supervisory and reward practices, motivation and morale concerns, and commitment to the agency's mission. This information, collected in government-wide surveys conducted by OPM, provides a benchmark for how well the federal workforce is being managed. EEOC aims to meet and then exceed that benchmark.
Another important component of the President's Management Agenda is financial management. Under the Taxpayer Accountability Act, the EEOC is required to produce annual financial statements. These statements are audited by an independent accounting firm for the Office of the Inspector General. An unqualified report from the auditor provides assurance that the EEOC is meeting applicable accounting standards.
The Government Paperwork Elimination Act (GPEA) and the President's Management Agenda, e-Government Initiative, require the conversion of paper-based documents to electronic format so that the management of the documents, such as their storage, retrieval, and archival, can be achieved electronically on an enterprise basis. Electronic management and maintenance of our charge and case-related documents will improve our service to customers and internal work efficiency. Specifically, the conversion of paper to electronic files will enable on-line transactions with the public and employers, reduce paperwork processing and burden, improve internal information sharing and dissemination, streamline work processes, and provide disaster recovery for our vital mission records.
Other measures – ensuring that our own EEO program serves as a model for other federal agencies and ensuring a high level of confidence in our internal conflict resolution program, RESOLVE – demonstrate the EEOC's commitment to be at the vanguard of establishing fair and inclusive work environments. These measures go beyond the PMA and demonstrate our commitment to ensuring a fair and inclusive workplace for our own employees. To measure employee confidence level in our internal conflict resolution program, RESOLVE, the EEOC first must establish baseline data to assess where we are and to set targets for where we would like to be.
The EEOC's Office of Inspector General (OIG) has developed an internal score card to assess the agency's progress in successfully implementing the President's Management Agenda items. We will include the results of the OIG's annual evaluation of agency progress toward fully implementing the PMAs in the agency's Annual Performance Report.
Performance indicators will be included in the agency's Annual Performance Plans to target annual progress expected for the measures included in this Strategic Objective; for example, customer satisfaction, human capital, e-government and the agency's RESOLVE program.
Below is a list of key factors, external to the agency, that could significantly affect the achievement of EEOC's strategic objectives, strategies and outcomes. These factors provide insight on presumptions used when defining agency goals.
The changing and increasingly complex nature of the employee/employer relationship - including the growing use of independent contractors, contingent work relationships, flexible work schedules and telecommuting arrangements - will have significant implications for EEOC with respect to our enforcement activities and may pose new challenges to the successful implementation of the proactive strategies discussed in this Strategic Plan.
The ability of the EEOC to increase access to job opportunities for workers with disabilities is in part dependent upon the success of federal, state and local initiatives – including the President's New Freedom Initiative – designed to increase access to public accommodations, transportation, telecommunications, education and housing.
Access to technology and educational opportunities plays a significant role in the representation of certain protected groups in the available labor pool for specific industries.
Most of the EEOC's enforcement activities have been based on complaints of employment discrimination. While the EEOC can use trend analyses and other predictors to try to anticipate trends, broad economic changes (as well as other forces, such as social and demographic changes) will determine in large part the types and volume of complaints to which the agency will need to direct resources.
The success of EEOC's proactive prevention efforts will rest in part with industry leaders who exercise full control over workplace policies and practices and how they are implemented. In times of recession or economic downturn there may be less willingness to implement policy changes or to invest in human resource related functions.
The globalization of markets and the emergence of transnational corporations – with the inevitable infusion of differing cultural norms and practices – may alter the challenges that EEOC faces in proactively influencing workplace practices.
It is projected that profound changes in the characteristics of the U.S. population will occur in the coming decade because the population is growing older and more diverse. As the baby boom-generation ages, that share of the labor force aged 55 or older, who made up 13 percent of the labor force in 2000, is projected to increase to 20 percent by 2020. At the same time, the growth of the labor force is expected to slow considerably by 2050 only increasing at a rate of 0.6 percent annually between 2000 and 2050.3
The changing ethnic mix in the population will introduce new challenges, such as language barriers and different cultural norms, to achieving our objectives.
The growth of the Internet has been remarkable. According to one survey conducted by the Council for Excellence in Government, the digital revolution has already begun to significantly change the way that government does business. Americans believe that e-government will mean better government. Related to this is the expectation of 24/7 service availability, electronic transmission of information, a more informed and empowered citizenry, and a more accountable government.4
The agency has had a long-standing relationship with state and local government Fair Employment Practices Agencies (FEPAs) which is promoted and encouraged through the annual appropriation of funds to EEOC to support FEPA charge processing activities. Additionally, coordination issues will continue to drive the FEPA/EEOC relationship with respect to enforcement, technology enhancements, and other partnership or collaborative efforts that can influence the overall enforcement of civil rights in America.
Changes in EEO programs at federal agencies may change the number of EEO complaints filed, thereby affecting the number of hearings and appeals requested at the Commission.
As history has demonstrated, there is the possibility that the EEOC may be required to assume additional responsibilities under employment discrimination laws, regulations or executive orders.
Court decisions may affect how we enforce civil rights laws.
3Toossi, Mitra, Office of Occupational Statistics and Employment Projections (Bureau of Labor Statistics). (2002, May). "A Century of Change: the U.S. Labor force 1950 - 2050." Retrieved July 17, 2003 from the BLS Website: http://www.bls.gov
4The Council for Excellence in Government. (2000, September). "e-Government: The Next American Revolution." 20. Retrieved July 16, 2003 from Council for Excellence in Government Website: http://excelgov.org
Program evaluation is an important component of an agency's effort to assure that a program is operating as intended; is achieving results; and the policies, procedures and processes are operating effectively and efficiently. A program evaluation is a thorough examination of the identified area; using a rigorous methodology and statistical and analytical tools. It also uses expertise within and outside the program under review to enhance the analytical perspectives and add credence to the evaluation and recommendations.
At this time, we have scheduled three program evaluations that focus on key aspects of our Strategic Objectives included in this Strategic Plan: our private sector mediation programs; the administrative processing of our private sector charges; and our federal sector mediation programs. During FY 2004, we will establish procedures for conducting program evaluations and prepare for the assessment of our private sector mediation program. In subsequent years, we will evaluate the procedures we use to prioritize private sector charges and assess our federal sector mediation programs.
These evaluations will inform our efforts in these areas and enable us to make critical adjustments to enhance the effectiveness and efficiency of these programs. Also, we will be able to review our measures and refine them, if necessary. We will also review the need for other program evaluations, particularly for areas in which we are developing baseline information before identifying performance targets to achieve in the future.
| Program Evaluation Title | Statement of Parameters of the Program Evaluation | Expected FY Initiate and Complete |
|---|---|---|
| Private Sector Mediation Program | The evaluation will assess EEOC's private sector mediation program by examining how the overall program and different implementation strategies have achieved resolutions, economic savings, enhanced customer service, and work place improvements in areas such as morale, productivity and motivation. The evaluation will explore the quantification of the economic benefits attained by using EEOC's mediation/ADR program and the benefits of using alternative implementation approaches in the program. | FY2005 |
| Private Sector Charge Process | The evaluation will examine and evaluate the quality, timeliness and other relevant characteristics of the private sector charge process to identify key methods for maintaining high quality investigations, areas to enhance the process, and the efficacy of procedures used. | FY2006 |
| Federal Sector Mediation Programs | The evaluation will assess the range of mediation/ADR programs used to resolve federal sector complaints. It will review historical results achieved, techniques employed, customer service attained, and other important criteria to measure the various mediation approaches and compare advantages. | FY2007 |
| Effect of EEOC High Impact Litigation | The evaluation will identify specific high impact litigation that occurred and discern how employers reacted. The expectation is that a number of changed policies or procedures can be identified that correlate to EEOC's litigation activity and monetary and other benefits can be estimated. | FY2008 |
| Effect of EEOC's Federal Sector Evaluations and Assistance | The evaluation will identify specific activities conducted by the EEOC with federal agencies that result in changed policies or procedures. It will develop a methodology to estimate the results achieved from those changes. | FY2009 |
This page was last modified on September 30, 2003.