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Equal Employment Opportunity Commission MD715 - 2011 Parts

PART G - Essential Element A, Demonstrated Commitment from Agency Leadership

Element A requires the agency head to issue written policy statements ensuring a workplace free of discriminatory harassment and a commitment to equal employment opportunity.

In the Comments column, the database will accept up to 500 characters.

PART G, Essential Element A, Section 1 - Issuance of EEO Policy Statement Indicator 

Measures Measure Met? Comments
A.1.a. Was EEO policy statement issued within 6 - 9 months of installation of Agency Head? (Please list date of agency head installation and date of issuance in the comments column.) Yes Issued 01-31-2011
A.1.b. During current Agency Head's tenure, has EEO policy statement been re-issued annually? Yes
A.1.c. Are new employees provided a copy of the EEO policy statement during orientation? Yes
A.1.d. When an employee is promoted into the supervisory ranks, is s/he provided a copy of the EEO policy statement? Yes

PART G, Essential Element A, Section 2 - Communication of EEO Policy Statements Indicator 

Measures Measure Met? Comments
A.2.a. Have the Heads of subordinate reporting components communicated support of all agency EEO policies through the ranks? Yes
A.2.b. Has the agency made written materials available to all employees and applicants, informing them of the variety of EEO programs and administrative and judicial remedial procedures available to them? Yes
A.2.c. Has the agency prominently posted such written materials in all personnel and EEO offices, and on the agency's internal website? [29 CFR 1614.102(b)(5)] Yes

PART G, Essential Element A, Section 3 - Evaluation of Managers and Supervisors on Their Commitment to EEO Principles Indicator 

Measures Measure Met? Comments
A.3.a. Are managers and supervisors evaluated on their commitment to agency EEO policies and principles? Yes
A.3.b. Are managers and supervisors evaluated on their commitment to resolve problems/disagreements and other conflicts in their respective work environments as they arise? Yes
A.3.c. Are managers and supervisors evaluated on their commitment to address concerns, whether perceived or real, raised by employees and following up with appropriate action to correct or eliminate tension in the workplace? Yes
A.3.d. Are managers and supervisors evaluated on their commitment to support the agency's EEO program through allocation of mission personnel to participate in community out-reach and recruitment programs with private employers, public schools and universities? Yes
A.3.e. Are managers and supervisors evaluated on their commitment to ensure full cooperation of employees under his/her supervision with EEO office officials such as EEO counselors, EEO investigators, etc.? Yes
A.3.f. Are managers and supervisors evaluated on their commitment to ensure a workplace that is free from all forms of discrimination, harassment and retaliation? Yes
A.3.g. Are managers and supervisors evaluated on their commitment to ensure that subordinate supervisors have effective managerial communication and interpersonal skills in order to supervise most effectively in a workplace with diverse employees and avoid disputes arising from ineffective communications? Yes
A.3.h. Are managers and supervisors evaluated on their commitment to ensure the provision of requested religious accommodations when such accommodations do not cause an undue hardship? Yes
A.3.i. Are managers and supervisors evaluated on their commitment to ensure the provision of requested disability accommodations to qualified individuals with disabilities when such accommodations do not cause an undue hardship? Yes
A.3.j. Have all employees been informed about what behaviors are inappropriate in the workplace and that this behavior may result in disciplinary actions? If yes, describe what means were utilized by the agency to inform its workforce about penalties for unacceptable behavior in the comments column. Yes
A.3.k. Have the procedures for reasonable accommodation for individuals with disabilities been made readily available/accessible to all employees by disseminating such procedures during orientation of new employees and by making such procedure available on the World Wide Web or Internet? Yes
A.3.l. Have managers and supervisors been trained on their responsibilities under the procedures for reasonable accommodation? Yes

PART G - Essential Element B, Integration of EEO into the Agency's Strategic Mission

Element B requires that the agency's EEO programs be organized and structured to maintain a workplace that is free from discrimination in any of the agency's policies, procedures or practices and supports the agency's strategic mission. In the Comments column, the database will accept up to 500 characters.

PART G, Essential Element B, Section 1 - Reporting Structure for EEO Program Indicator 

Measures Measure Met? Comments
B.1.a. Is the EEO Director under the direct supervision of the Agency Head? [See 29 CFR 1614.102(b)(4)] Yes
B.1.b. For subordinate level reporting components, is the EEO Director/Officer under the immediate supervision of the lower level component's head official? (For example, does the Regional EEO Officer report to the Regional Administrator?) N/A
B.1.c. Are the duties and responsibilities of the EEO officials clearly defined? Yes
B.1.d. Do the EEO officials have the knowledge, skills, and abilities to carry out the duties and responsibilities of their positions? Yes
B.1.e. If the agency has 2nd level reporting components, are there organizational charts that clearly define the reporting structure for EEO programs? (If yes, attach them to this report.) N/A
B.1.f. If the agency has 2nd level reporting components, does the agency-wide EEO Director have authority for EEO programs within the subordinate reporting components? (If no, please describe how EEO program authority is delegated to subordinate reporting components, in Part H.) N/A

PART G, Essential Element B, Section 2 - EEO Communication with Senior Leaders Indicator 

Measures Measure Met? Comments
B.2.a. Does the EEO Director/Officer have a regular, effective means of informing the Agency Head and other top management of the effectiveness, efficiency, and legal compliance of the agency's EEO program? Yes
B.2.b. After submission of the previous Form 715, did the EEO Director/Officer present a "State of the Agency" briefing to the Agency Head and other senior officials, including a performance assessment in each of the 6 elements of the Model EEO program, and report agency progress in completing its barrier analysis - including barriers identified, eliminated, or impact reduced? Yes
B.2.c. Are EEO officials present during agency pre-decisional deliberations regarding recruitment strategies, vacancy projections, succession planning, selections for training/career development opportunities, and other workforce changes? Yes
B.2.d. Does the agency consider whether any group of employees or applicants might be negatively impacted prior to making human resource decisions such as re-organizations and re-alignments? Yes
B.2.e. Are management/personnel policies, procedures and practices examined at regular intervals to assess whether there are any hidden impediments to the realization of equality of opportunity for any group(s) of employees or applicants? [See 29 C.F.R. 1614.102(b)(3)] Yes
B.2.f. Is the EEO Director included in the agency's strategic planning, especially the agency's human capital plan, regarding succession planning, training, etc., to ensure that EEO concerns are integrated into the agency's strategic mission? Yes

PART G, Essential Element B, Section 3 - Sufficient EEO Program Staffing Indicator 

Measures Measure Met? Comments
B.3.a. Does the EEO Director have the authority and funding to ensure implementation of agency EEO action plans to improve EEO program efficiency and/or eliminate identified barriers to the realization of equality of opportunity? Yes
B.3.b. Are sufficient personnel resources allocated to the EEO Program to ensure that agency self-assessments and self-analyses prescribed by EEO MD-715 are conducted annually and to maintain an effective complaint processing system? Yes
B.3.c. Are statutory/regulatory EEO related Special Emphasis Programs sufficiently staffed? Yes
B.3.d. Is the Federal Women's Program sufficiently staffed - 5 U.S.C. 7201; 38 U.S.C. 4214; Title 5 CFR, Subpart B, 720.204? Yes
B.3.e. Is the Hispanic Employment Program sufficiently staffed - Title 5 CFR, Subpart B, 720.204? Yes
B.3.f. Is the People With Disabilities Program Manager; Selective Placement Program for Individuals With Disabilities sufficiently staffed - Section 501 of the Rehabilitation Act; Title 5 U.S.C. Subpart B, Chapter 31, Subchapter I-3102: 5 CFR 213.3102(u); 5 CFR 315.709? Yes
B.3.g. Are other agency Special Emphasis Programs monitored by the EEO Office for coordination and compliance with EEO guidelines and principles, such as: FEORP - 5 CFR 720; Veterans Employment Programs; Black/African American; American Indian/Alaska Native; Asian; and Native Hawaiian/Other Pacific Islander Programs? Yes

PART G, Essential Element B, Section 4 - Sufficient EEO Program Funding Indicator

 
Measures Measure Met? Comments
B.4.a. Are there sufficient resources to enable the agency to conduct a thorough barrier analysis of its workforce, including the provision of adequate data collection and tracking systems? Yes
B.4.b. Is there sufficient budget allocated to all employees to utilize, when desired, all EEO programs, including the complaint processing program and ADR, and to make a request for reasonable accommodation? (Including subordinate level reporting components?) Yes
B.4.c. Has funding been secured for publication and distribution of EEO materials (e.g. harassment policies, EEO posters, reasonable accommodations procedures, etc.)? Yes
B.4.d. Is there a central funding or other mechanism for funding supplies, equipment and services necessary to provide disability accommodations? Yes
B.4.e. Does the agency fund major renovation projects to ensure timely compliance with Uniform Federal Accessibility Standards? Yes
B.4.f. Is the EEO Program allocated sufficient resources to train all employees on EEO Programs, including administrative and judicial remedial procedures available to employees? Yes
B.4.g. Is there sufficient funding to ensure the prominent posting of written materials in all personnel and EEO offices? [See 29 CFR 1614.102(b)(5)} Yes
B.4.h. Is there sufficient funding to ensure that all employees have access to the training and information identified in B.4.f? Yes
B.4.i. Is there sufficient funding to provide all managers/supervisors with training and periodic up-dates on their EEO responsibilities for ensuring a workplace that is free from all forms of discrimination, including harassment and retaliation? Yes
B.4.j. Is there sufficient funding to provide all managers/supervisors with training and periodic up-dates on their EEO responsibilities to provide religious accommodations? Yes
B.4.k. Is there sufficient funding to provide all managers/supervisors with training and periodic up-dates on their EEO responsibilities to provide disability accommodations in accordance with the agency's written procedures? Yes
B.4.l. Is there sufficient funding to provide all managers/supervisors with training and periodic up-dates on their EEO responsibilities in the EEO discrimination complaint process? Yes
B.4.m. Is there sufficient funding to provide all managers/supervisors with training and periodic up-dates on their EEO responsibilities to participate in ADR? Yes

Equal Employment Opportunity Commission
MD715 - 2011
Parts

PART G - Essential Element C, Management and Program Accountability

Element C requires the Agency Head to hold all managers, supervisors, and EEO Officials responsible for the effective implementation of the agency's EEO Program and Plan.

PART G, Essential Element C, Section 1 - EEO Communication with Managers & Supervisors Indicator 

Measures Measure Met? Comments
C.1.a. Are regular (monthly/quarterly/semi-annually) EEO updates provided to management/supervisory officials by EEO program officials? Yes
C.1.b. Do EEO program officials coordinate the development and implementation of EEO Plans with all appropriate agency managers to include Agency Counsel, Human Resource Officials, Finance, and the Chief Information Officer? Yes

PART G, Essential Element C, Section 2 - EEO & Human Resources Collaboration & Coordination Indicator

 
Measures Measure Met? Comments
C.2.a. Have time-tables or schedules been established for the agency to review its Merit Promotion Program Policy and Procedures for systemic barriers that may be impeding full participation in promotion opportunities by all groups? Yes
C.2.b. Have time-tables or schedules been established for the agency to review its Employee Recognition Awards Program and Procedures for systemic barriers that may be impeding full participation in promotion opportunities by all groups? Yes
C.2.c. Have time-tables or schedules been established for the agency to review its Employee Development/Training Programs for systemic barriers that may be impeding full participation in training opportunities by all groups? Yes

PART G, Essential Element C, Section 3 - Disciplinary Action Taken Indicator 

Measures Measures Met? Comments
C.3.a. Does the agency have a disciplinary policy and/or a table of penalties that covers employees found to have committed discrimination? Yes
C.3.b. Have all employees, supervisors, and managers been informed as to the penalties for being found to perpetrate discriminatory behavior or for taking personnel actions based upon a prohibited basis? Yes
C.3.c. Has the agency, when appropriate, disciplined or sanctioned managers/supervisors or employees found to have discriminated over the past two years? If yes, in the "Comments" column, cite the number found to have discriminated and list penalty/disciplinary action for each type violation. Yes
C.3.d. Does the agency promptly (within the established time frame) comply with EEOC, Merit Systems Protection Board, Federal Labor Relations Authority, labor arbitrators, and District Court orders? Yes
C.3.e. Does the agency review disability accommodation decisions/actions to ensure compliance with its written procedures and analyze the information tracked for trends, problem, etc.? Yes

Equal Employment Opportunity Commission
MD715 - 2011
Parts

PART G - Essential Element D, Proactive Prevention of Unlawful Discrimination

Element D requires that the Agency Head makes early efforts to prevent discriminatory actions and eliminate barriers to Equal Employment Opportunity in the workplace.

PART G, Essential Element D, Section 1 - Barrier Analysis Process Indicator 

Measures Measure Met? Comments
D.1.a. Do senior managers meet with and assist the EEO Director and/or other EEO Program Officials in the identification of barriers that may be impeding the realization of equal employment opportunity? Yes
D.1.b. When barriers are identified, do senior managers develop and implement, with the assistance of the agency EEO office, agency EEO Action Plans to eliminate said barriers? Yes
D.1.c. Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans? Yes
D.1.d. Are trend analyses of workforce profiles conducted by race, national origin, sex, and disability? Yes
D.1.e. Are trend analyses of the workforce's major occupations conducted by race, national origin, sex, and disability? Yes
D.1.f. Are trend analyses of the workforce's grade level distribution conducted by race, national origin, sex, and disability? Yes
D.1.g. Are trend analyses of the workforce's compensation and reward system conducted by race, national origin, sex, and disability? Yes
D.1.h. Are trend analyses of the effects of management/personnel policies, procedures and practices conducted by race, national origin, sex, and disability? Yes

PART G, Essential Element D, Section 2 - Alternative Dispute Resolution (ADR) is Encouraged Indicator

 
Measures Measures Met? Comments
D.2.a. Are all employees encouraged to use ADR? Yes
D.2.b. Is the participation of supervisors and managers in the ADR process required? Yes

Equal Employment Opportunity Commission
MD715 - 2011
Parts

PART G - Essential Element E, Efficiency

Element E requires that the Agency Head ensure that there are effective systems in place for evaluating the impact and effectiveness of the agency's EEO programs as well as an efficient and fair dispute resolution process.

PART G, Essential Element E, Section 1 - Sufficient Resources to Evaluation EEO Program Indicator 

Measures Measure Met? Comments
E.1.a. Does the EEO office employ personnel with adequate training and experience to conduct the analyses required by MD-715 and these instructions? Yes
E.1.b. Has the agency implemented an adequate data collection and analysis systems that permit tracking of the information required by MD-715 and these instructions? No For applicant flow data, there is a government-wide issue of unavailability. This is being addressed globally.
E.1.c. Have sufficient resources been provided to conduct effective audits of field facilities' efforts to achieve a model EEO program and eliminate discrimination under Title VII and the Rehabilitation Act? Yes
E.1.d. Is there a designated agency official or other mechanism in place to coordinate or assist with processing requests for disability accommodations in all major components of the agency? Yes
E.1.e. Are 90% of accommodation requests processed within the time frame set forth in the agency's procedures for reasonable accommodation? Yes

PART G, Essential Element E, Section 2 - Effective Complaint Tracking and Monitoring System Indicator 

Measures Measure Met? Comments
E.2.a. Does the agency use a complaint tracking and monitoring system that allows identification of the location, and status of complaints and length of time elapsed at each stage of the agency's complaint resolution process? Yes
E.2.b. Does the agency's tracking system identify the issues and bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information to analyze complaint activity and trends? Yes
E.2.c. Does the agency hold contractors accountable for delay in counseling and investigation processing times? If yes, in the comments column, briefly describe how. Yes
E.2.d. Does the agency monitor and ensure that new investigators, counselors, including contract and collateral duty investigators, receive the 32 hours of training required in accordance with EEO Management Directive MD-110? Yes
E.2.e. Does the agency monitor and ensure that experienced counselors, investigators, including contract and collateral duty investigators, receive the 8 hours of refresher training required on an annual basis in accordance with EEO Management Directive MD-110? Yes

PART G, Essential Element E, Section 3 - Timeliness in EEO Complaint Process Indicator 

Measures Measure Met? Comments
E.3.a. Are benchmarks in place that compare the agency's discrimination complaint processes with 29 CFR Part 1614? Yes
E.3.b. Does the agency provide timely EEO counseling within 30 days of the initial request or within an agreed upon extension in writing, up to 60 days? Yes
E.3.c. Does the agency provide an aggrieved person with written notification of his/her rights and responsibilities in the EEO process in a timely fashion? Yes
E.3.d. Does the agency complete the investigations within the applicable prescribed time frame? Yes
E.3.e. When a complainant requests a final agency decision, does the agency issue the decision within 60 days of the request? Yes
E.3.f. When a complainant requests a hearing, does the agency immediately upon receipt of the request from the EEOC AJ forward the investigative file to the EEOC Hearing Office? Yes
E.3.g. When a settlement agreement is entered into, does the agency timely complete any obligations provided for in such agreements? Yes
E.3.h. Does the agency ensure timely compliance with EEOC AJ decisions which are not the subject of an appeal by the agency? Yes

PART G, Essential Element E, Section 4 - Efficient and Fair ADR Process Indicator

 
Measures Measure Met? Comments
E.4.a. In accordance with 29 CFR 1614.102(b), has the agency established an ADR Program during the pre-complaint and formal complaint stages of the EEO process? Yes
E.4.b. Does the agency require all managers and supervisors to receive ADR training in accordance with EEOC (29 CFR Part 1614) regulations, with emphasis on the federal government's interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? Yes
E.4.c. Does the responsible management official directly involved in the dispute have settlement authority? Yes

PART G, Essential Element E, Section 5 - Effectiveness of EEO Data Collection Systems Indicator 

Measures Measure Met? Comments
E.5.a. Does the agency have a system of management controls in place to ensure the timely, accurate, complete and consistent reporting of EEO complaint data to the EEOC? Yes
E.5.b. Does the agency provide reasonable resources for the EEO complaint process to ensure efficient and successful operation in accordance with 29 CFR 1614.102(a)(1)? Yes
E.5.c. Does the agency EEO office have management controls in place to monitor and ensure that the data received from Human Resources is accurate, timely received, and contains all of the required data elements for submitting annual reports to the EEOC? Yes
E.5.d. Do the agency's EEO programs address all of the laws enforced by the EEOC? Yes
E.5.e. Does the agency identify and monitor significant trends in complaint processing to determine whether the agency is meeting its obligations under Title VII and the Rehabilitation Act? Yes
E.5.f. Does the agency track recruitment efforts and analyze efforts to identify potential barriers in accordance with MD-715 standards? Yes
E.5.g. Does the agency consult with other agencies of similar size on the effectiveness of their EEO programs to identify best practices and share ideas? Yes

PART G, Essential Element E, Section 6 - Elimination of Conflict of Interest with Legal Defense Function Indicator 

Measures Measure Met? Comments
E.6.a. Are legal sufficiency reviews of EEO matters handled by a functional unit that is separate and apart from the unit which handles agency representation in EEO complaints? Yes
E.6.b. Does the agency discrimination complaint process ensure a neutral adjudication function? Yes
E.6.c. If applicable, are processing time frames incorporated for the legal counsel's sufficiency review for timely processing of complaints? N/A

Equal Employment Opportunity Commission
MD715 - 2011
Parts

PART G - Essential Element F, Responsiveness and Legal Compliance

Element F requires that federal Agencies are in full compliance with EEO statutes and EEOC regulations, policy guidance, and other written instructions.

PART G, Essential Element F, Section 1 - Timely Compliance With Administrative Judge Orders Indicator

 
Measure Measure Met? Comments
F.1.a. Does the agency have a system of management control to ensure that the agency officials timely comply with any orders or directives issued by EEOC Administrative Judges? Yes

PART G, Essential Element F, Section 2 - Timely Completion of Ordered Corrective Action Indicator 

Measures Measure Met? Comments
F.2.a. Does the agency have control over the payroll processing function of the agency? If yes, answer the two questions below. Yes
F.2.b. Are there steps in place to guarantee responsive, timely, and predictable processing of ordered monetary relief? Yes
F.2.c. Are procedures in place to promptly process other forms of ordered relief? Yes

PART G, Essential Element F, Section 3 - Staff Accountability for Legal Compliance Indicator 

Measures Measure Met? Comments
F.3.a. Is compliance with EEOC orders encompassed in the performance standards of any agency employees? If yes, please identify the employees by title in the comments column, and state how performance is measured. Yes
F.3.b. Is the unit charged with the responsibility for compliance with EEOC orders located in the EEO office? If no, please identify the unit in which it is located in the comments column. Yes
F.3.c. Have the involved employees received any formal training in EEO compliance? Yes
F.3.d. Does the agency promptly provide the EEOC Attorney Fee documentation for completing compliance, such as a copy of the check issued for attorney fees and/or a narrative statement by an appropriate agency official, or agency payment order dating the dollar amount of attorney fees paid? Yes
F.3.e. Does the agency promptly provide the EEOC awards documentation for completing compliance, such as a narrative statement by an appropriate agency official stating the dollar amount and the criteria used to calculate the award? Yes
F.3.f. Does the agency promptly provide the EEOC documentation of back pay and interest for completing compliance, such as computer print-outs or payroll documents outlining gross back pay and interest, copy of any checks issued, or narrative statement by an appropriate agency official of total monies paid? Yes
F.3.g. Does the agency promptly provide the EEOC documentation regarding compensatory damages for completing compliance, such as the final agency decision and evidence of payment, if made? Yes
F.3.h. Does the agency promptly provide the EEOC training documentation for completing compliance, such as the attendance roster at training session(s), or a narrative statement by an appropriate agency official confirming that specific persons or groups of persons attended training on a certain date? Yes
F.3.i. Does the agency promptly provide the EEOC personnel action documentation for completing compliance (e.g., reinstatement, promotion, hiring, reassignment), such as copies of SF-50s? Yes
F.3.j. Does the agency promptly provide the EEOC documentation of the posting of Notice of Violation for completing compliance, such as the original, signed and dated notice, reflecting the dates of posting? (A copy will suffice if original is not available.) Yes
F.3.k. Does the agency promptly provide the EEOC documentation of supplemental investigation, such as: (1) a copy of the letter to complainant acknowledging receipt from EEOC of remanded case; (2) a copy of the letter to complainant transmitting the Report of Investigation (not the ROI itself, unless specified); and (3) a copy of the request for a hearing (complainant's request or agency's transmittal letter)? Yes
F.3.l. Does the agency promptly provide the EEOC the Final Agency Decision (FAD), such as the FAD or a copy of the complainant's request for a hearing? Yes
F.3.m. Does the agency promptly provide the EEOC documentation of restoration of leave, such as a print-out or statement identifying the amount of leave restored, if applicable? If no, provide an explanation or statement in the comments column. Yes
F.3.n. Does the agency promptly provide the EEOC documentation of civil actions, such as a complete copy of the civil action complaint demonstrating same issues raised as in compliance matter? Yes
F.3.o. Does the agency promptly provide the EEOC settlement agreements, such as the signed and dated agreement with specific dollar amounts, and appropriate documentation of relief provided? Yes