The U.S. Equal Employment Opportunity Commission
EEOC Performance and Accountability Report FY 2004

Management's Discussion and Analysis


Shattering the Glass Ceiling

The New York District Office settled a Title VII lawsuit against Morgan Stanley, a Wall Street investment banking and brokerage firm, alleging that the defendant discriminated against a class of females in the firm's Institutional Equity Division with respect to promotions, wages, and terms and conditions of employment. This high profile lawsuit was resolved for $54 million and resulted in significant changes in the defendant's employment practices, which will increase opportunities for women.

On July 2, 2004, the Nation marked the 40th anniversary of the passage and signing into law of the Civil Rights Act of 1964. The Act was the subject of the longest continuous debate in the annals of the U.S. Senate. What emerged is one of the most significant pieces of legislation in our history - one that addresses discrimination in voting, education, public accommodations, Federal programs and, of particular relevance to EEOC, employment. Created by Title VII of the Civil Rights Act, EEOC opened its doors one year after passage of the Act. Since that time, the Commission has played the pivotal and preeminent role in pursuing the enforcement of Title VII and related civil rights employment laws, and the employees of the Commission, past and present, have been vital to ensuring that its goals are met. Through their actions, the Commission has rendered an invaluable service to the Nation. As we reflect upon the impact of Title VII, we note the significant progress that has been made since its passage and celebrate the positive difference that it has made for all Americans. However, we also acknowledge that there are still many miles to travel on the road to ensuring equal employment opportunity for all.

EEOC continues to track the trends and issues affecting America's workplaces. These trends and issues are evolving. In EEOC's early days, the agency dealt primarily with issues that were related to race and hiring, gender and hiring - getting a foot in the door. Later, the glass ceiling was at the forefront - that invisible barrier that seemed to prevent women and people of color from rising through the ranks. While these issues have not gone away, no longer are they the sole focus of our mission. We are paying very close attention to emerging trends. For example:

We are challenged to keep pace with the changes in the workplace and emerging issues and trends while, at the same time, we are working proactively to influence and help shape the workplace of the future. We use workplace trends, shifting demographics, and changing workforce dynamics to approach our work more strategically. To ensure that our enforcement and prevention efforts address the needs of today's workplace, we track workplace issues and trends, conduct research studies to support and inform our work, issue policy guidance to protect workers' rights and facilitate compliance, promulgate rules and regulations to clarify the law and ensure compliance, and collaborate with a broad range of stakeholder groups. All of these activities are underpinnings of the core work of the agency and assist in meeting the challenges we face in carrying out our mission. Specific regulatory and policy guidance activities in FY 2004 include:

Fighting Sexual Harassment

The Philadelphia District Office received a favorable jury verdict in its lawsuit against Federal Express alleging that the Charging Party, a female tractor-trailer driver, was sexually harassed and was subjected to retaliatory terms and conditions of employment, including intimidation and denial of a full-time position, for complaining of harassment. The Charging Party intervened in the lawsuit with additional claims. The jury awarded $3.2 million in monetary damages to the Charging Party.

Consistent with our goal to meet the needs of the 21st century workplace, we implemented a new five-year strategic plan in FY 2004. The new plan articulates new strategies and builds upon past successes. It contains three overarching strategic objectives that encompass the key principles of our mission to provide Justice and Opportunity and encourage an Inclusive Workplace and to support these principles by fostering Organizational Excellence. For each strategic objective, the plan integrates and focuses on the elements of our Five-Point Plan, which is described in the following table. (Our strategic plan is available on the EEOC website at

Five-Point Plan
Justice and Opportunity Proficient Resolution focuses on the resolution of workplace disputes through charge handling practices that are timely and cost effective.
Promotion and Expansion of Mediation/Alternative Dispute Resolution (ADR) encourages the use of mediation to voluntarily resolve disputes quickly, amicably and cost-effectively.
Strategic Enforcement and Litigation draws on research, coordinated enforcement and selective litigation to secure meaningful impact on employment discrimination issues.
Inclusive Workplace Proactive Prevention aims to combat employment discrimination by preventing it from happening in the first instance.
Organizational Excellence EEOC as a Model Workplace emphasizes our commitment to "practicing what we preach." It also captures our efforts to "get to green" in each area of the President's Management Agenda (PMA).

This framework provides the foundation for our Strategic Plan. The Plan contains 24 long-term performance goals to measure our effect on creating fair and inclusive workplaces across America. These measures of success are more results-oriented and represent a major step forward in how we view, manage, and carry out the important work of EEOC. Our progress in achieving the goals of these measures is summarized below and discussed later in this section and in the performance section of this report.

EEOC FY 2004 Performance Scorecard
Total Measures Targets Met Targets Partially Met1 Targets Not Met
24 14 6 4
1 Target Partially Met: A rating assigned to target results where 1) at least half of the activities targeted for completion were completed (Measures 1.3.4, 2.1.1, and 3.1.3), 2) the target is a two-year target (Measures 3.1.2 and 3.1.8), or 3) we were unable to assess results because data is not yet available (Measure 1.2.4).

Also, included in this section are financial highlights, which focus on the five financial statements prepared by EEOC: the Consolidated Balance Sheet and Consolidated Statements of Net Cost of Operations, Changes in Net Position and Financing, and the Combined Statement of Budgetary Resources.

This page was last modified on November 18, 2004

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