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Fiscal Year 2026 Congressional Budget Justification

U.S. Equal Employment Opportunity Commission

May 2025

Submitted to the Congress of the United States

Table of Contents

Introduction

A. Chair’s Message

The Strategic Plan for Fiscal Years 2022 – 2026

I. EXECUTIVE SUMMARY

Chart 1: FY 2026 Expenses by Category

Table 1: Total Agency Funding Profile by Strategic Goals and Programs for FYs 2024 through 2026

Table 2: Budget Request Summary for  Strategic Application of Law Enforcement Authorities

II. APPROPRIATIONS LANGUAGE

III.  OFFICE OF THE INSPECTOR GENERAL

IV.  AGENCY SUMMARY REQUIREMENTS BY OBJECT CLASS

Table 3:  Agency Summary Requirements by Object Class

V. HIGHLIGHTED RESOURCE CHANGES

Table 4:  Analysis of Change

VI. PROGRAM AREAS

1. Private Sector Enforcement

Table 5:  Private Sector Enforcement

Chart 2:  Private Sector Pending Charges

Table 6:  Private Sector Enforcement Program Workload Table

Table 7:  Charges Filed By Statute

Chart 3:  Private Sector Enforcement Program Mediations

Table 8:  State, Local, and Tribal Programs

Table 9:  FEPA Workload Projections

Table 10: Litigation

2. Federal Sector Programs

Table 11: Federal Sector Programs

Table 12: Hearings Workload Projections

Chart 4:   Federal Sector Hearings Workload

Table 13: Appeals Workload Projections

Chart 5:   Federal Sector Appeals Workload

VII.  OUTREACH

Table 14: Annual Outreach Events – Fee and Non-Fee

Table 15:  Budget Request Summary Through Outreach

Table 16: Summary of Financing for the Revolving Fund

VIII. INFORMATION TECHNOLOGY – DIGITAL TRANSFORMATION

Table 17: Information Technology

Table 18: Cybersecurity Spending by NIST Framework*

IX. PROGRAM AREAS

Table 19:  Human Resources

Table 20:  Finance and Administration

X. VERIFICATION AND VALDATION OF DATA

XI. PROGRAM EVALUATIONS

XII.    FREEDOM OF INFORMATION ACT WORKLOAD

A. Introduction

B. Freedom of Information Act Workload

Table 21:  Freedom of Information Act (FOIA)

C. GINA Study Commission

APPENDIX A: GENERAL STATEMENT OF LAWS

Statutes Enforced.

APPENDIX B: EVALUATION AND EVIDENCE

1. Agency Context

2. Evaluation Projects

APPENDIX C:  ENTERPRISE RISK MANAGEMENT

APPENDIX D: AGENCY RESPONSES TO PL 115-414 GOOD ACCOUNTING OBLIGATION IN GOVERNMENT ACT (GAO-IG Act)

Introduction

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) is the leading federal law enforcement agency dedicated to preventing and remedying employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, and genetic information. The Fiscal Year (FY) 2026 Budget requests $435,382,000 for the EEOC. This total includes up to $30,500,000 to compensate state and local fair employment practice agencies (FEPAs) for investigatory and other charge-related work performed pursuant to work-sharing agreements between the FEPAs and the EEOC, as well as funding for tribal employment rights offices (TEROs) which assist the EEOC with outreach and education for tribal members. The EEOC’s total budget request reflects a decrease of $19,618,000 from the FY 2025 enacted budget level of $455,000,000.

The EEOC enforces the following laws:

  • The Equal Pay Act of 1963 (included in the Fair Labor Standards Act) (EPA), as amended, which prohibits sex discrimination in the payment of wages to men and women performing substantially equal work in the same establishment.
  • Title VII of the Civil Rights Act of 1964 (Title VII), as amended, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
  • The Age Discrimination in Employment Act of 1967 (ADEA), as amended, which prohibits employment discrimination against workers who are 40 years of age and older.
  • The Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII to clarify that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination and requires employers to treat workers affected by pregnancy, childbirth, or related medical conditions the same as any other employees with temporary disabilities with respect to terms and conditions of employment, including health benefits.
  • Titles I and V of the Americans with Disabilities Act of 1990 (ADA), as amended, which prohibit employment discrimination based on disability by private, state, and local government employers, and requires those employers to reasonably accommodate the known physical or mental limitations of an applicant or employee who is an otherwise qualified individual with a disability, unless doing so would impose an undue hardship on the operation of the employer’s business.
  • Section 501 and 505 of the Rehabilitation Act of 1973, as amended, which provide the same protections as the ADA for federal employees and applicants for federal employment.
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on an applicant’s or employee’s genetic information (including family medical history).
  • Pregnant Workers Fairness Act of 2022 (PWFA), which requires employers to reasonably accommodate qualified workers’ known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship. 

Together, these laws protect individuals from employment discrimination (including unlawful harassment) based on race, color, religion, sex, national origin, age, disability, and genetic information. They also make it illegal to retaliate against a person for opposing employment discrimination, filing a charge of discrimination, or participating in an investigation or lawsuit regarding employment discrimination. Title VII, the ADA, Rehabilitation Act, and the PWFA require employers to provide reasonable accommodations based on religion, disability, or pregnancy, childbirth or related medical conditions, respectively, absent undue hardship. Finally, provisions in the ADA, the Rehabilitation Act, and GINA strictly limit covered entities from obtaining health-related information from applicants and employees and require that any genetic or medical information a covered entity has about an applicant or employee be kept confidential.

A. Chair’s Message

I am pleased to present the FY 2026 Congressional Budget Justification for the work of the U.S. Equal Employment Opportunity Commission (EEOC or the Commission) to advance equal employment opportunity. 

The EEOC was created by Congress 60 years ago with a straightforward and critical simple mission; preventing and remedying discrimination in our nation’s workplaces.  This mission went to the heart of foundational beliefs and promises of our nation: that all Americans inherently were created equal; that all citizens were entitled to equal treatment under law and therefore should have equality of opportunity in every sector of our society, including the workplace; and that all Americans had the right to be treated in the workplace as individuals, not members of a particular race or group, individuals who were judged only by the content of their character, skills, and abilities, rather than by the color of their skin or by their sex.

In the past few years, these bedrock American principles have been under attack by groups, movements, and ideologies that elevate group rights over individual rights; demand equitable outcomes over equal treatment and equality of opportunity; twist our nation’s civil rights laws to benefit only certain races or groups, rather than protect all Americans, equally and evenhandedly; and, to these ends, even call some forms of present and future discrimination “good” and a necessary “remedy” for past discrimination.

The EEOC stands ready to combat these attacks.  The agency’s true mission is evident in our very name given to us by Congress in the Civil Rights Act of 1964—we are the Equal Employment Opportunity Commission, not the Equitable Employment Outcomes Commission.  Over the past 120-plus days of the second Trump Administration, the Equal Employment Opportunity Commission under my leadership has undertaken exhaustive efforts to return to its founding principles and restore evenhanded enforcement of employment civil rights laws on behalf of all Americans.  Guided by President Trump’s pledge to restore dignity to the American worker and his series of landmark civil rights executive orders, the EEOC has mobilized every available resource at its disposal to ensure this nation’s workforce can once again thrive and prosper under the protection of a government committed to eradicating discriminatory practices the Commission has identified throughout the private and public sector and fought aggressively to dismantle since day one of this Administration.

In FY 2026, the EEOC will continue this important work.  In particular, the agency substantively will focus on relentlessly attacking all forms of race discrimination, including rooting out unlawful race discrimination arising from DEI programs, policies, and practices; protecting American workers from unlawful national origin discrimination involving preferences for foreign workers; defending women’s sex-based rights at work; and supporting religious liberty by protecting workers from religious bias and harassment and protecting their rights to religious accommodations at work.  In addition, because protecting workers starts first with preventing discrimination, the agency will continue its longstanding education and outreach work to help employers voluntarily comply with the law and help employees understand their rights.  Finally, to better serve the American public while performing our critical law enforcement work, the agency also will focus on incorporating technological advances, streamlining and improving operational processes, and refining our organizational structure to ensure we are the most efficient and effective agency possible.

This budget provides the resources necessary for the agency to make significant progress toward achieving President Trump’s civil rights agenda and ensuring the promise of equal opportunity in the American workplace.

Sincerely,

Signature of Acting Chair Andrea Lucas

Andrea R. Lucas

Acting Chair

U.S. Equal Employment Opportunity Commission

The Strategic Plan for Fiscal Years 2022 – 2026

The U.S. Equal Employment Opportunity Commission Strategic Plan for Fiscal Years 2022-2026 (Strategic Plan or Plan) establishes a framework for achieving the EEOC’s mission to “[p]revent and remedy unlawful employment discrimination and advance equal employment opportunity for all,” so that the nation may realize the Commission’s vision of “[f]air and inclusive workplaces with equal employment opportunity for all.”  The Commission approved the EEOC’s Strategic Plan on August 16, 2023, by a majority vote of the Commission. The Strategic Plan is posted publicly at https://www.eeoc.gov/eeoc-strategic-plan-2022-2026.[1]

The current Strategic Plan sets out three Strategic Goals:  

Equal Employment Opportunity Commission

The Strategic Plan for Fiscal Years 2022 - 2026

Strategic Goal I – Combat and prevent employment discrimination through the strategic application of the EEOC’s law enforcement authorities.  The corresponding Strategic Objectives are:

I.A. The agency has a broad impact on preventing and remedying employment discrimination while providing meaningful relief for victims of discrimination; and

 

I.B. The agency exercises its enforcement authority fairly, efficiently, and based on the circumstances of each charge or complaint.

Strategic Goal II – Prevent employment discrimination and advance equal employment opportunities through education and outreach.  The corresponding Strategic Objectives are:

II.A. Members of the public are aware of the employment discrimination laws and know their rights and responsibilities under these laws; and,

 

II.B. Employers, federal agencies, unions, and staffing agencies have the information and guidance necessary to advance equal employment opportunity, prevent discrimination, and effectively resolve EEO issues.

Strategic Goal III – Strive for organizational excellence through our people, practices, and technology.  The corresponding Strategic Objectives are:

III.A. The EEOC achieves a culture of accountability, inclusivity, and accessibility; and,

 

III.B. Resources align with priorities to strengthen intake, outreach, education, enforcement, and service to the public to protect and advance civil rights in the workplace.

I.  EXECUTIVE SUMMARY

Mission and Vision Statement

THE EEOC’S MISSION IS TO:

Prevent and remedy unlawful employment discrimination and advance equal employment opportunity for all.

THE EEOC’S VISION IS:

Fair and inclusive workplaces with equal opportunity for all.

Overview of Request

The FY 2026 Budget request seeks total funding of $435,382,000. This total includes up to $30,500,000 to compensate state and local FEPAs for investigatory and other charge-related work performed pursuant to work-sharing agreements between the FEPAs and the EEOC, as well as funding for TEROs which assist the EEOC with outreach and education for tribal members. The Budget also includes funding to support the proposed transfer of enforcement responsibilities for Section 503 of the Rehabilitation Act of 1973 from the Office of Federal Contract Compliance Programs (OFCCP) to EEOC.  In addition, the Budget funds urgent lease actions associated with certain EEOC field offices.  Overall, the agency’s request reflects a decrease of $19,618,000 below the enacted FY 2025 budget level of $455,000,000. The FY 2026 request represents the level of funding required to efficiently handle the significant demand for the EEOC’s law enforcement services, to fully fund agency programs and proposed FY 2026 initiatives, to continue mission critical activities that support Administration priorities, and to leverage technology further.

Chart 1: FY 2026 Expenses by Category

Chart of FY 2026 Expenses by Category;
Compensation and Benefits, 73%, $355,578 million.  Rent, 7%, $35,055 million.  Information Technology, 6%, $27,698 million. Security, 1%, $5,407 million. Other Program Support, 13%, $65,323 million.

Table 1 below depicts the EEOC’s total agency funding profile.

Table 1 – Total Agency Funding Profile by Strategic Goals and Programs for FYs 2024 through 2026.

FY 2024 to FY 2026
(Dollars in thousands*)

Strategic Goal I: Combat and prevent employment discrimination through the strategic application of the EEOC’s law enforcement authorities.
Category

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026
(Request)

Change

From

FY 2025

1. Private Sector Enforcement$352,758$350,134$334,358($15,776)
State, Local, and Tribal$27,350$30,000$30,500$500
2. Federal Sector Enforcement$68,892$68,866$64,524($4,342)
Total Strategic Goal I$449,000$449,000$429,382($19,618)
Strategic Goal II: Prevent employment discrimination and advance equal employment opportunity through education and outreach.
Category

FY 2024

(Enacted)

FY 2025

(Request)

FY 2026
(Request)

Change

From

FY 2025

Outreach (Non-Fee Based)$6,000$6,000$6,000$0
Total Strategic Goal II$6,000$6,000$6,000$0
Agency Total 
(includes Strategic Goal III Resources listed below)
$455,000$455,000$435,382($19,618)
Total Full-Time Equivalents**2,2462,0201,767(253)
Strategic Goal III: Strive for organizational excellence through our people, practices, and technology
Category

FY 2024

(Actual)

FY 2025

Enacted)

FY 2026
(Request)

Change

From

FY 2025

Highlighted Resource Areas:  

Information Technology

$24,76925,105$29,686$4,581

*May not add due to rounding.

** Includes 14 full-time equivalent (FTE) Reimbursable from the Revolving Fund.

Table 2:  Budget Request Summary for 
Strategic Application of Law Enforcement Authorities

FY 2024 to FY 2026
(Dollars in thousands*)

Category

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Private Sector Enforcement$352,758$350,134$334,358
EEOC Charge Investigation and Resolution239,886237,251224,898
Mediation28,10627,97124,595
Litigation84,76684,91284,865
State, Local, and Tribal27,35030,00030,500
Federal Sector Enforcement$68,892$68,866$64,524
Hearings37,66537,10035,100
Appeals21,82722,50020,394
Mediation1,3661,3461,469
Oversight8,0347,9207,561
Total$449,000$449,000$429,382

    *May not add due to rounding.

II.  APPROPRIATIONS LANGUAGE

U.S. Equal Employment Opportunity Commission

Salaries and Expenses

For necessary expenses of the Equal Employment Opportunity Commission as authorized by Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621), the Equal Pay Act of 1963 (29 U.S.C. § 206(d)), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101), Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. § 791), the Civil Rights Act of 1991 (Public Law 102-166), the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2); hire of passenger motor vehicles as authorized by 31 U.S.C. § 1343(b); non-monetary awards to private citizens; and up to [$31,500,000] $30,500,000 for payments to State, Local, and Tribal enforcement agencies for authorized services to the Commission, [$455,000,000]$435,382,000, of which [$3,243,392] $3,294,073, shall be for the Inspector General: Provided further, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: [Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act:] Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission.

III.  OFFICE OF THE INSPECTOR GENERAL

The EEOC is covered by the Inspector General Act of 1978, as amended (U.S.C. App), and the table below provides the following information under the Inspector General Reform Act of 2008 (Pub. L. No. 110-409): an aggregate request for the Office of Inspector General (OIG); amounts required for OIG training; and amounts in support of the Council of the Inspectors General on Integrity and Efficiency (CIGIE).

CategoryAmount
Office of Inspector General Initial Request$3,294,073
Aggregate amount of funds$3,294,073[2]
Amount requested in OIG budget for training$65,000[3]
Amount requested to support CIGIE$14,606[4]

IV.  AGENCY SUMMARY REQUIREMENTS BY OBJECT CLASS

Table 3 below shows the changes in the EEOC’s object class funding over three fiscal years.

Table 3 –Agency Summary Requirements by Object Class

FY 2024 to FY 2026
(Dollars in thousands)

OBLIGATIONS BY OBJECT CLASSFY 2024 (Actual)FY 2025 (Enacted)FY 2026 (Request)
Personnel Compensation   
11.1 Full-time permanent (FTP)$248,557$244,257$218,520
11.3 Other than FTP9861,0001,000
11.5 Other personnel compensation4,1065,5226,000
Total Personnel Compensation253,649250,779225,520
12.1 Civilian personnel benefits94,09892,22683,411
Total Compensation and Benefits347,747343,005308,931
21.1 Travel of persons1,0531,5001,500
22.0 Transportation of things02525
23.1 Rental payment to GSA33,66433,87835,055
23.2 Other rent/communications4,2024,5004,500
24.0 Printing and reproduction79150150
25.1 State, local, and tribal contracts27,35030,00030,500
25.2 Security services (including DHS)4,9644,9164,895
25.2 Other services from non-federal sources23,38525,32638,126
25.2 Litigation support2,9052,5002,500
25.3 Other goods & services from federal sources7,4676,0006,000
26.0 Supplies and materials1,3042,0002,000
31.0 Equipment8801,2001,200
Total Other Object Classes107,253111,995

126,451

 

Agency Total$455,000$455,000$435,382

V.  HIGHLIGHTED RESOURCE CHANGES

The Analysis of Change, Table 4, below indicates the material changes between the EEOC’s request for FY 2025 and request for FY 2026.

Table 4 – Analysis of Change

FY 2026
(Dollars in thousands)

Category

FY 2025

(Enacted)

FY 2026

(Request)

Net Change

(+/-)

Spending Authority (Includes State, Local, and Tribal)$455,000$435,382($19,618)
Explanation of Changes:  Amount
Compensation and Benefits343,005308,931(34,074)
    
Total Compensation and Benefits*343,005308,931(34,074)
Subtotal Compensation Changes  ($34,074)
Program Support Changes   
Systemic Discrimination1,2321,2320
Office Rehabilitation and Relocation04,8134,813
Information Technology25,10530,8565,751
State, Local, and Tribal Programs30,00030,500500
GSA Rent33,87835,0551,177
      Other Adjustments to the Base 2,2152,215
Program Support Changes  $14,456
Total Net Change  ($19,618)

*FY 2026 Compensation and Benefits (C&B) reflects agency estimates as of April 2025. The estimate reflects a pay freeze for civilian employees in calendar year 2026; employee performance awards – $4.607M.

The Budget eliminates the Office of Federal Contract Compliance Programs at the Department of Labor and proposes to transfer to the EEOC the enforcement responsibilities under Section 503 of the Rehabilitation Act of 1973 (federal contractor obligations regarding nondiscrimination and affirmative action in the employment of individuals with disabilities).  The EEOC is the most appropriate entity to assume these responsibilities, as it already enforces Sections 501 and 505 of the Act (nondiscrimination and affirmative action in the employment of individuals with disabilities in the federal sector) and has expertise in matters of disability discrimination and protection.  The Budget includes funding for the EEOC to support this expansion of the agency’s disability anti-discrimination program.  The EEOC will work collaboratively with the Department of Labor to plan, organize, and advance this transfer of functions.

Re-Imagining Intake and Portal Modernization: Requires $2.569 Million in New Funding

Presently, the public portals that provide charging parties, potential charging parties, and respondents online access to EEOC inquiry/charge services are over a decade old. The agency urgently needs to modernize this legacy infrastructure to enhance efficiency, streamline operations, mitigate security vulnerabilities, improve compliance with statutory requirements for disability accessibility, expand access and ease of use, and enhance the customer experience. In addition, substantial increases in the volume of charge inquiries and formal charges of discrimination have resulted in significant and unacceptable wait times for members of the public proceeding through the charge inquiry, intake interview and counseling, and filing stages of the charge intake process. In response, the agency has designed a Re-Imagining Intake initiative to radically improve and streamline procedures for receiving new charge inquiries and charges of discrimination, with the goal of substantially decreasing the time between initial charge inquiry and the actual charge filing. To execute this project, the agency will need to implement technology upgrades to automate or streamline new workflow-based processes within the intake function to improve the agency’s service to members of the public interested in potentially filing a charge of discrimination.

VI.  PROGRAM AREAS

1. Private Sector Enforcement

Table 5:  Private Sector Enforcement

FY 2024 to FY 2026
(Dollars in thousands)

Year

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Private Sector$1,355$1,737$2,832$1,095
Total$1,355$1,737$2,832$1,095

Management of the Charge Workload to Enforce the Nation’s Federal Workplace Anti-Discrimination Laws

Consistent with the President’s Executive Orders and policy priorities, the EEOC’s enforcement staff is conducting important civil law enforcement work, including rooting out unlawful race and sex discrimination, such as discrimination which relates to or arises from DEI programs, practices, and policies; protecting American workers from anti-American national origin discrimination; defending the immutable, binary nature of biological sex and women’s rights to single-sex spaces at work; and protecting workers from religious bias and harassment, including, but not limited to, antisemitism and anti-Christian bias; along with combatting other forms of unlawful discrimination pursuant to the statutes that the EEOC enforces. Funding in FY 2026 will allow for staff to continue to develop, investigate, and resolve meritorious charges of discrimination. The Budget also contemplates the expansion of EEOC’s disability non-discrimination program to include enforcement of Section 503 of the Rehabilitation Act.  The requested funding will allow the agency to improve efficiencies in carrying out the EEOC’s statutorily required law enforcement work while providing enhanced services to the public, including shorter wait times for intake interviews and quicker investigations. 

The agency also continues to focus on multi-pronged efforts to ensure that the private sector charge inventory is managed efficiently, and that staff provide quality services to charging parties and respondents. The EEOC is also focusing agency resources on Administration priority issues and where the agency can have the greatest impact on workplace discrimination. The EEOC will continue to develop innovative approaches and invest in systems to serve the public better and advance the agency’s mission of preventing and remedying unlawful employment discrimination

Chart 2 on the next page shows actual pending inventory at fiscal year-end for FYs 2022 through 2024 and projected pending year-end inventories for FYs 2025 through 2026.

Chart 2: Private Sector Pending Charges

Chart 2: Private Sector Pending Charges

FY 2022 to FY 2026

     * Estimates have been revised to reflect more current assumptions.

Table 6 below depicts the actual workload for private sector enforcement for FYs 2022 through 2024 and the projected workloads for FY 2025 through 2026.  

Table 6:  Private Sector Enforcement Program Workload Table

FY 2022 to FY 2026

Category

FY

2022

Act.

FY 2023 Act.

FY

2024 Act.

FY 2025

Est.*

FY 2026 Est.*
Receipts73,48581,05588,53179,82279,822
Resolutions65,08781,18087,21978,03682,753

* Estimates have been revised to reflect more current assumptions.

Table 7 details private sector charges received by statute for FYs 2022 through 2024 and the projected charge receipts by statute for FYs 2025 through FY 2026.

Table 7:  Charges Filed by Statute

FY 2022 to FY 2026

CategoryFY 2022
(Act.)
FY 2023
(Act.)

FY 2024

(Act.)

FY 2025

(Est.) *

FY 2026

(Est.) *

Title VII Only 
Charges filed
39,48240,31340,19837,97237,972
Title VII Only 
Charges resolved
32,42842,22441,86939,02541,384
Title VII with Concurrents* 
Charges filed
53,71356,65060,65755,23955,239
Title VII with Concurrents* 
Charges resolved
45,86258,32560,79755,23158,570
Age Discrimination in Employment Act Only 
Charges filed
3,4144,5194,8844,4274,427
Age Discrimination in Employment Act Only
Charges resolved
3,9274,3994,8264,2734,532
Age Discrimination in Employment Act w/Concurrents
Charges filed
11,56614,14416,22314,27814,278
Age Discrimination in Employment Act w/Concurrents 
Charges resolved
12,13313,83215,83013,73014,560
Equal Pay Act Only 
Charges filed
1850364141
Equal Pay Act Only 
Charges resolved
2235433638
Equal Pay Act with Concurrents 
Charges filed
8151,0121,1161,0011,001
Equal Pay Act with Concurrents 
Charges resolved
9261,1061,1031,0251,087
Americans with Disabilities Act Only 
Charges filed
14,12617,24619,28017,18417,184
Americans with Disabilities Act Only 
Charges resolved
13,03415,85118,11015,72016,670
Americans with Disabilities Act w/Concurrents 
Charges filed
25,05629,16033,66829,53629,536
Americans with Disabilities Act w/Concurrents 
Charges resolved
23,02927,76931,83427,58829,256
Genetic Information Nondiscrimination Act Only 
Charges filed
6050374141
Genetic Information Nondiscrimination Act Only 
Charges resolved
5652374244
Genetic Information Nondiscrimination Act w/Concurrents 
Charges filed
361361393355355
Genetic Information Nondiscrimination Act w/Concurrents 
Charges resolved
358416558450477

Pregnant Workers Fairness Act Only

Charges filed

  1486767

Pregnant Workers Fairness Act Only

Charges resolved

  632830
Pregnant Workers Fairness Act with Concurrents Charges filed     2,7291,2301,230

Pregnant Workers Fairness Act with Concurrents

Charges resolved      

  1,096490520
Total**
Charges filed
73,48581,05588,53179,82279,822
Total***
Charges resolved
65,08781,18087,21978,03682,753

              * Estimates have been revised to reflect more current assumptions.

              **Totals do not reflect issues/bases filed under more than one statute. 

              ***Totals for all charges do not equal the sum of all statutes because many charge filings allege issues/bases under more than one statute.

Mediation Program

A key component of the Commission’s approach to effectively resolve discrimination charges involves the strategic use of alternate dispute resolution (ADR) early in the charge process, thereby supporting the EEOC’s enforcement program. ADR focuses on early resolution through mediation, while our enforcement program concentrates on conducting in-depth and complex investigations. The ADR program continues to be remarkably effective in resolving charges of discrimination timely. In FY 2024, the EEOC’s free ADR program held 11,998 mediations, successfully resolved 8,543 charges (71.2 percent success rate), and obtained over $243.2 million in benefits to workers.

Ensuring adequate funding to maintain the EEOC’s ADR efforts, primarily staffing mediators, allows the EEOC to continue to provide early charge resolution opportunities via mediation and a continued way to efficiently manage the EEOC’s charge inventory. These efforts result in outstanding service to the public and allows enforcement staff to focus their efforts on investigating and resolving instances of potential discrimination.  

Chart 3 on the next page reflects the total mediations held in FYs 2022 through 2024 and projections for FYs 2025 through 2026.

Chart 3:  Private Sector Enforcement Program Mediations

Chart 3:  Private Sector Enforcement Program Mediations

FY 2022 to FY 2026

State, Local, and Tribal Programs

Table 8:  State, Local, and Tribal Programs

FY 2024 to FY 2026
(Dollars in thousands)

Year

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

State & Local$27,350$30,000$30,500$500
Total$27,350$30,000$30,500$500

 

The EEOC is requesting up to $30,500,000 to maintain the EEOC’s relationship with the FEPAs and TEROs and to fund them at performance levels most beneficial to the EEOC and agency priorities. Each year, the agency reimburses its FEPA partners for investigatory and other charge-related work performed under the authority of Title VII and the Procedural Regulations (29 C.F.R. §1601 et seq.) pursuant to work-sharing agreements between the EEOC and the FEPAs.

The FEPAs help the EEOC resolve charges of employment discrimination and prevent duplication of effort, resulting in a more efficient use of resources for both the EEOC and the FEPAs. With the requested level of support for FY 2026, the agency expects FEPAs to resolve at least 37,500 charges and process about 2,000 engagements where they conduct the intake services for the EEOC. The FEPA resolutions are in addition to the charges the EEOC resolves directly. The EEOC has continued to engage with our FEPA partners to implement the strategic goal that links the FEPAs’ accomplishments to the EEOC’s priorities. This includes mechanisms such as work-sharing agreements to encourage FEPA support of agency priorities. During FY 2024, the EEOC continued to provide technical, charge-related training and guidance to FEPAs on a range of topics including charge processing and other technical discussions. The requested FY 2026 funding will enable the EEOC to provide reimbursement for work completed by the FEPAs, as well as charge-related training, outreach, and education opportunities necessary for the FEPA’s performance of work for the EEOC.

In FY 2024, the agency also worked to strengthen connection with TEROs by engaging a joint EEOC/TERO Committee for feedback and counsel on several topics such as how best to reach and inform tribal communities about their employment protections and responsibilities. The EEOC provided the TEROs with a comprehensive desk reference to enable them to recognize potential employment discrimination matters on tribal lands, as well as other practical information. The proposed FY 2026 funding will enable the agency to continue to enhance our work and our outreach to tribal communities, many that are in remote areas with very limited technological connectivity and other resources.

Table 9 below shows the actual FEPA receipts, total resolutions, and pending inventory for FY 2022 through FY 2024, and projections for FY 2025 through FY 2026.

Table 9:  FEPA Workload Projections

FY 2022 to FY 2026

Category

FY

 2022 (Act.)

FY 2023 (Act.)

FY

 2024

(Act.)

FY

 2025 (Est.)

FY 2026

(Est.)

     Receipts34,17337,83737,28835,00035,000
     Resolutions34,68239,19638,95537,50037,500
     Pending Inventory53,05756,74461,86959,36956,869

Systemic Program

The EEOC’s systemic program investigates large and often complex discrimination charges that have the potential to make a broad impact on an industry, profession, company, or geographic location. This mission critical program is a highly efficient and effective strategy to bring about significant changes to unlawful workplace practices and to prevent discrimination from reoccurring on a large scale. Many of the charges and investigations addressing Administration priority matters likely will involve systemic investigations into allegations of intentional discrimination, pursued via the pattern or practice method of proof.

In FY 2024, the systemic program successfully resolved 369 systemic investigations and obtained $25,591,567 million in monetary benefits for 2,563 workers subjected to discrimination, and secured targeted, equitable relief in nearly 100 percent of successful systemic conciliations. The EEOC also resolved 16 systemic lawsuits, obtaining $23.9 million for 4,074 victims of systemic discrimination and significant equitable relief.

The systemic team in the field is on the frontline of the Acting Chair’s focus on multiple Administration priorities, including rooting out unlawful DEI-motivated race and sex discrimination; protecting workers from religious bias and harassment, including antisemitism and anti-Christian bias; and protecting American workers from anti-American national origin bias and preferences for foreign workers. The DEI cases are systemic by their nature, involving patterns or practices of intentional discrimination involving race-based or gender-based company- and industry-wide programs, policies, and initiatives, and related employment actions. Likewise, the antisemitism cases often involve a class of workers who have endured egregious harassment and retaliation in a broad range of public and private employment industries, particularly elite universities and colleges and other educational entities. In addition, the agency has renewed its efforts to remedy large-scale violations of religious accommodation rights stemming from the implementation of government and corporate COVID-19 vaccine mandates, which significantly harmed the rights of large classes of Christian workers and workers of other faiths with religious beliefs that conflicted with those vaccine mandates. Furthermore, the agency’s heightened focus on protecting American workers from anti-American national origin discrimination builds on the agency’s experience with successful systemic investigations into large-scale, company- and industry-wide preferences for Hispanic workers and other foreign workers at the expense of large multi-racial groups of American workers.

It is critically important to continue to educate and inform the field on these emerging and ongoing issues, combat systemic harassment, eliminate barriers in hiring and recruitment, recognize potential patterns of discrimination, and examine and analyze these often large or complex investigations effectively.  In FYs 2024 and 2025, the EEOC provided training to all field staff on identifying and investigating systemic discrimination, and for two consecutive years, well over 90 percent of all investigators and trial attorneys have participated in systemic training.  With proposed FY 2026 funding the EEOC plans to conduct mid and advanced level training for field staff and assist with the development of class investigations, data requests, and data analysis for pattern and practice disparate treatment cases. The agency plans to increase its capacity to investigate systemic cases more effectively and work toward achieving agency goals and priorities efficiently. 

Customer Service

The EEOC’s Information Intake Group (IIG) plays a critical role in enabling the EEOC to provide quality public service to the very high volume of individuals and entities that seek the EEOC’s assistance on a daily basis. The IIG’s work ensures that members of the public are aware of the employment discrimination laws and know their rights and responsibilities under those laws.

In FY 2024, the IIG received over 553,000 calls to its 1-800 number, more than 90,000 emails, and over 1,200 ASL Video Phone calls for a total of over 644,200 contacts from the public.  These numbers represent significant year-over-year increases in both calls to the 1-800 number and emails to the EEOC’s general email inbox. Based on historical increases in the number of contacts the IIG has received since FY 2020, the EEOC anticipates that in FY 2026 the number of calls from the public to its 1-800 number will reach approximately 700,000 and the number of emails will exceed 100,000. 

FY 2026 funding will allow the IIG to address the very high public demand for service. The work of the IIG allows the EEOC field and headquarters offices to allocate the resources that would otherwise be spent on responding to a high volume of public inquiries directly toward law enforcement activities.

Litigation

Table 10: Litigation

FY 2024 to FY 2026
(Dollars in thousands)

Year

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Litigation$2,905$2,500$2,500$0
Total$2,905$2,500$2,500$0

Since 1972, the Commission’s litigation program has served a vital role in fulfilling the agency’s mandate to enforce the federal civil rights employment laws. The Commission has long emphasized that the litigation program should focus on cases that have the potential to impact multiple American workplaces or large groups of applicants or employees, emerging issues where the agency’s expertise may be especially critical to achieving a successful outcome, and individual cases where broader law enforcement goals can be advanced with the successful resolution of the case. Additionally, the litigation program focuses on population groups and geographic locations where private enforcement of anti-discrimination laws is inadequate, and where individuals have minimal access to the legal system to protect their rights. In all its litigation, the EEOC seeks to secure targeted equitable relief as well as monetary relief for all aggrieved individuals.

As of March 31, 2025, the Commission’s litigation program achievements for the first two quarters of FY 2025 included 50 lawsuit resolutions for more than $14 million benefiting an estimated 1,675 victims of discrimination.

Also as of March 31, 2025, the Commission’s active litigation docket totals 179 employment discrimination lawsuits, including 42 alleging systemic discrimination and another 40 alleging discrimination against a class. While these figures represent a robust and energetic federal court law enforcement program, this budget request will enable the agency to bring and win significant enforcement actions focused on core Administration priorities.

In the short time since the Administration transition, the agency has already made a strong start in using the courts to vindicate priorities. In February 2025, the agency filed and resolved a significant lawsuit addressing unlawful national origin discrimination against American workers in favor of foreign workers, consistent with the President’s Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Executive Order 14173). In EEOC v. LeoPalace Guam Corporation, Case No.1:25-cv-00004 (D. Guam consent decree entered Feb. 19, 2025), the agency alleged a major hotel and resort on the U.S. territory of Guam violated Title VII’s prohibition on national origin discrimination when it provided non-Japanese employees—including multiple employees of American national origin—in Guam with less favorable wages, benefits, and terms and conditions of employment compared to employees from Japan who held equal or lesser positions. Under the three-year consent decree resolving the litigation, the employer agreed to pay over $1.4 million and to implement comprehensive injunctive relief, including hiring an external equal employment opportunity monitor to oversee compliance, training and reviewing policies and procedures, and overseeing the reinstatement of former employees who are interested in returning to work for LeoPalace. The monitor will also conduct periodic audits and report to the EEOC.

Enforcing other Administration priorities in the federal courts, consistent with Presidential directives to the agency, will be resource intensive. Under the President’s Executive Order 14173, the EEOC is charged with robustly enforcing civil rights cases involving workplace diversity, equity, and inclusion policies, programs, or practices that violate Title VII’s prohibitions on discrimination based on race, sex, or other protected characteristics. Litigating these cases likely will require expert witnesses and the discovery of large-scale selection data to prove the existence and extent of a pattern or practice of discrimination and identify aggrieved individuals.

The agency also anticipates it will file lawsuits relating to claims of workplace discrimination based on national origin and religion arising in backlash to the October 7, 2023 Hamas terrorist attack in Israel, including specifically cases addressing “the unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence against our citizens, especially in our schools and on our campuses” pursuant to the President’s Executive Order 14188, Additional Measures to Combat Anti-Semitism. The agency expects that such suits will be met with vigorous defenses by well-resourced law firms, and this budget will provide the resources necessary to overcome such defenses.

In addition, the agency anticipates an uptick in its litigation filings involving claims of unlawful denial of reasonable accommodation for pregnancy, childbirth, or related medical conditions as the receipt of charges under the new Pregnant Workers Fairness Act (PWFA) continues to increase. While the Commission has engaged in extensive outreach and training to covered entities to ensure compliance with PWFA obligations, it is expected that litigation will be necessary to achieve compliance in many instances given the large number of employees across industries and types of employment who may request and be entitled to accommodations. The agency has already filed six PWFA lawsuits, with two successfully resolved and four currently pending. In addition, under this Administration, the agency filed its first subpoena enforcement action under the PWFA to obtain needed information for an administrative investigation.  Litigation can be expected to climb exponentially during FY 2026 as we enter the third year of enforcement following the PWFA’s June 2023 effective date.

As the litigation docket expands to address these Administration priorities and anticipated trends, the agency’s litigation expenses will increase. Much of the agency’s litigation requires depositions, expert witness contracts, and litigation support expenses. As the effects of the pandemic recede further and more courts return to in-person proceedings, the agency expects an increase in travel expenses. The agency also plans to continue its investments in litigation technology. Investments in infrastructure will better position the agency to advance its civil rights mission.

Overall, in FY 2026, the resources requested will permit us to continue suit filings to remedy discrimination on prioritized issues, and to ensure sufficient resources to maintain a strong law enforcement program. This is important because a credible likelihood that the Commission will pursue cases in court is a strong incentive for voluntary compliance long before the threat of a suit is necessary and, if leveraged effectively, can also help reduce the need for employees to file individual charges. With the resources provided under this budget request, the Commission intends to maintain a litigation success rate in at least 90 percent of litigation resolutions.

2. Federal Sector Programs

Table 11:  Federal Sector Programs

FY 2024 to FY 2026
(Dollars in thousands)

Year

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Federal Sector$132$ 130$130$0
Total$132$ 130$130$0

Under the laws enforced by the Commission, Congress and the President gave the EEOC oversight responsibility over equal employment opportunity (EEO) programs in the federal government to ensure that equality of opportunity is provided to the nearly 2.1 million people across the country and around the world who have dedicated their careers to public service.

Federal Sector Enforcement Activities

The EEOC enforces statutes requiring all federal agencies to establish equal employment opportunity programs for all federal employees and job applicants. The EEOC has adjudicatory responsibilities in the federal EEO complaints process as well as oversight responsibilities to ensure that agencies are compliant with the Commission’s regulations, decisions, policies, and directives.

The EEOC strives to ensure that the federal government is the leader in establishing a workplace that is non-discriminatory and merit based. Concurrent with these efforts, federal agencies must position themselves to attract, develop, and retain a highly qualified workforce that can deliver results. Equal opportunity in the federal workplace is key to accomplishing this goal.   

Federal Sector Improvements – Hearings

The overarching goal of the EEOC’s federal sector program is to enforce the nation’s laws prohibiting employment discrimination in the federal workplace. With 24 hearing units located in every district throughout the United States, the EEOC’s federal sector hearings program provides federal sector complainants, in individual and class action claims, with a full, fair, and impartial adjudication of their EEO complaints by an EEOC Administrative Judge (AJ).

In FY 2024, the Commission received 7,097 hearing requests, which reflects an increase of 6.8 percent compared with the number received the prior fiscal year.  Additionally, the Commission’s hearings program resolved a total of 6,679 complaints, with a focus on balancing the resolution of older cases and incoming cases. Without funding to hire to account for losses, the workload is expected to increase, as reflected in the workload projections in Table 12. 

Table 12: Hearings Workload Projections

FY 2022 to FY 2026

Workload

FY 2022

(Act.)

FY 2023*

(Act.)

FY 2024

(Act.)

FY 2025

(Est.)

FY 2026

(Est.)

Hearings Beginning10,2277,6576,1036,0097,022
Receipts6,7856,6417,0976,9846,984
Consolidations(18)(8)(2)(8)(8)
Total Workload16,99414,29013,19812,98513,998
Resolutions9,3368,6696,6795,9635,963
Pending7,6575,6426,0097,0228,035

*Pending end inventory adjusted to reflect activity spanning FYs.

In FY 2026, the agency will focus on individual and class case management; increasing its ADR resources at the national level; improving communication/technology; providing additional internal and external training; and continuing to operate an effective, efficient, and well-coordinated national program.

Chart 4 on the next page demonstrates the workload and number of AJs assigned to handle complaint hearings for FYs 2022 through 2024, and projections for FYs 2025 through 2026. The decline in inventory levels allowed for more timely processing of both newly filed and older cases using the enhanced procedures. The Hearings program anticipates an increase in the pending inventory beginning in FY 2026 and continuing in future fiscal years, due to reduced staffing levels. 

Chart 4:  Federal Sector Hearings Workload

Chart 4:  Federal Sector Hearings Workload

FY 2022 to FY 2026

Federal Sector Appeals Programs

The EEOC’s federal sector appellate program adjudicates appeals from federal agency final decisions on employment discrimination complaints by federal employees, including appeals following a decision by an EEOC AJ, and ensures agency compliance with orders issued on those appeals. The EEOC also adjudicates appeals from decisions made in federal collective bargaining agreement grievances alleging employment discrimination, and reviews decisions by the Merit Systems Protection Board (MSPB) addressing allegations of discrimination, and actions originating under Section 304 of the Government Employee Rights Act of 1991. The appeals process currently is governed by Title VII, EEOC regulations at 29 C.F.R. Parts 1614 and 1603, and Management Directive 110 (MD-110).   Table 13 below identifies the actual workload for FYs 2022, through 2024, and projected workload for FY 2025 through FY 2026.

Table 13:  Appeals Workload Projections

FY 2022 to FY 2026

Workload

 FY 2022

(Act.)

FY 2023

(Act.)

  FY 2024

(Act.)

FY 2025

(Est.)

FY 2026

(Est.)

Appeals Beginning3,4163,5034,1165,1865,521
Receipts4,2124,3434,2324,2504,250
Total Workload7,6287,8468,3489,4369,771
Resolutions4,1253,7303,1623,9153,780
Pending3,5034,1165,1865,5215,991

Under the leadership of Acting Chair Lucas, the EEOC’s federal sector appellate program is increasing the implementation of case management strategies to screen and categorize cases early in the appellate process to best allocate resources, including those needed to properly address cases determined to have significant impact. In FY 2025, the agency also is conducting an in-depth review of the federal sector appellate process to find additional efficiencies, improve productivity, and provide more timely service and prompter appellate decisions to federal employees and agency employers. Those effort will continue into FY 2026. Chart 5 below identifies the actual workload inventory and number of attorneys assigned to adjudicate appeals of EEO complaints for FYs 2022 through 2024, and projections for FYs 2025 through 2026.

Chart 5:  Federal Sector Appeals Workload

Chart 5:  Federal Sector Appeals Workload

FY 2022 to FY 2026

Based on the average receipt of 4,249 new appeals each year, the importance of an early case assessment is crucial in setting the appeal on the proper path through the process. The EEOC’s federal sector appellate program developed the Appeals Management Plan. The plan will be reviewed and revised in FY 2025 to emphasize early case assessment for categorizing and tracking cases; resolve many cases earlier in the process; project the anticipated resources needed to adjudicate a case; and allocate resources more efficiently and effectively.

Oversight of Federal Agencies’ EEO Programs

The EEOC provides a wide range of functions while conducting its oversight of federal agencies including: 

  • Monitoring and evaluating federal agencies’ EEO programs (approximately 200 federal agencies with various sizes and missions).
  • Providing technical assistance on all aspects of federal agencies’ EEO programs, and providing technical assistance and guidance to federal agencies, federal employees and stakeholder groups, and the public concerning the federal sector EEO complaints.
  • Reviewing federal agencies’ annual accomplishment reports for compliance with Commission regulations and directives (EEO Management Directive 715).
  • Tracking federal agencies’ employment and complaints patterns and producing an annual report for the President and Congress addressing the state of federal sector EEO.
  • Gathering data on federal agency employment trends and EEO complaint processing and analyzing that data to issue guidance/reports that assist those agencies in understanding how their EEO program can respond better to the unique challenges posed by the discrimination issues and/or operations of an EEO program.
  • Delivering free outreach to federal sector EEO professionals, managers, employees, and stakeholders.
  • Directing the planning and development of federal sector fee based EEO training for delivery to agencies under the auspices of the Commission’s Education and Technical Assistance Revolving Fund.

Concurrent with these oversight responsibilities in the federal sector, the Commission continues its education efforts to assist all stakeholders through training and free outreach. The EEOC delivered over 575 federal sector outreach, engagement, and training events. Training courses were provided to 10,357 recipients and information provided to more than 80,000 federal sector employees and EEO professionals about employment discrimination and their rights and responsibilities in the workplace. In FY  2024, there were 47 national federal courses with approximately 2,350 attendees and 455 federal agency training sessions with approximately 4,132 attendees.

For FY 2026, the EEOC will continue assisting federal agencies’ efforts to maximize opportunities for all federal employees and applicants. In addition to our traditional technical assistance, oversight, and education activities, the EEOC will explore funding for the development of a government-wide case management system as well as implementing a government-wide EEO learning management system to provide routine educational material more efficiently to our federal stakeholders.

VII.  OUTREACH

In FY 2024, the EEOC’s Outreach program continued to experience a high demand for education and technical assistance from small and new businesses, as well as underserved and rural communities. The chart below demonstrates that we have provided, and will continue to provide, outreach and education to individuals in all 50 states, as well as the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and the U.S. Territories of American Samoa, Guam, the Commonwealth of Northern Mariana Islands, and Wake Island. In FY 2024, the EEOC conducted 2,908 no-cost outreach events for 253,976 individuals nationwide with information about employment discrimination and their rights and responsibilities in the workplace.

Table 14: Annual Outreach Events – Fee and Non-Fee

FY 2024

District OfficeTotal Events*Total Attendees*
Atlanta District Office18454,986
Birmingham District Office12632,529
Charlotte District Office14711,792
Chicago District Office1148,099
Dallas District Office16923,900
Headquarters Offices557,267
Houston District Office32924,205
Indianapolis District Office1636,823
Los Angeles District Office88322,659
Memphis District Office1099,431
Miami District Office25814,210
New York District Office1206,121
Philadelphia District Office1115,789
Phoenix District Office18122,308
San Francisco District Office13711,980
St. Louis District Office1156,064
Washington Field Office20215,773

                                * Totaling all Districts does not equal the total sum of all Events and Attendees because events may overlap.

With the requested funding for FY 2026 outreach activities, the EEOC will continue to reach stakeholders across the United States while also providing ongoing technical assistance guidance and training to the public related to Administration priorities and other areas of unlawful discrimination. The EEOC will increase public awareness of common and emerging patterns of discrimination, harassment, and retaliation through national and local media campaigns and by conducting virtual and in-person events.

In FY 2026, the EEOC will continue collaboration with partner organizations to extend the agency’s reach to better serve stakeholder communities using regional data collected from the American Community Survey for more targeted outreach. In the coming fiscal years, the agency will continue to find cost effective solutions that amplify the agency’s message using videos, infographics, and radio media tours.  Leveraging technology will help remedy under-enforced areas of civil rights laws and expand even-handed enforcement of civil rights in America’s workplaces.

Additionally, a portion of FY 2026 funding will support efforts to improve and expand the EEOC’s reach to small and new businesses through ongoing outreach and a refresh the EEOC’s Small Business Resource Center with new materials and more interactive tools designed to help businesses understand federal anti-discrimination laws and prevent employment discrimination.

To expand the agency’s critical outreach efforts and provide more comprehensive support, the EEOC will utilize FY 2026 funding to implement an advanced Customer Relationship Management (CRM) tool that enhances the agency’s outreach and partnership efforts by streamlining communication, improving stakeholder engagement, and optimizing data management. The CRM will centralize contact management, enable targeted outreach, automate follow-ups, facilitate collaboration across teams, support data-driven decision-making, and improve event planning. This investment will help the EEOC build stronger relationships and maximize efficiencies and organizational and community impact.

Non-fee-based Outreach

Table 15 below shows funding for Outreach (non-fee-based). The EEOC’s Budget request for FY 2026 for Strategic Goal II is $6 million, which will support the agency’s existing outreach activities across the United States.

Table 15:  Budget Request Summary Through Outreach

FY 2024 to FY 2026
(Dollars in thousands)

Year

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Outreach (Non-fee-based)$6,000$6,000$6,000
Total$6,000$6,000$6,000

Fee-based (Revolving Fund – Education, Technical Assistance, and Training)

The EEOC Training Institute (Training Institute) provides fee-based technical assistance training to stakeholders in the private and public sectors. The Training Institute is funded through the EEOC’s Revolving Fund (Fund), established by Congress in 1992 to enable the EEOC to charge reasonable fees for specialized products and services developed and delivered as part of the Commission’s training and technical assistance efforts. The Fund serves as the mechanism through which the EEOC collects payments, thus offsetting some of the costs devoted to technical assistance training to external entities.

The Training Institute provides a wide variety of fee-based training to assist private sector employers, and state, local, and federal government agencies in educating their managers and employees on the laws enforced by the EEOC and how to prevent and eradicate discrimination in the workplace. 

Technical Assistance Program Workshops 

In FY 2026, the Training Institute will continue supporting its product lines which include national standardized courses, on demand recordings, regional virtual and in-person workshops, an online bookstore for course materials, and other technical assistance information.

Customer Specific Training.  The Customer Specific Training (CST) programs provide training and education for employees, managers, supervisors, and human resource professionals from private sector employers and state, local, and federal government agencies on their EEO responsibilities and how to prevent and eradicate workplace discrimination. In FY 2024, the Training Institute conducted 455 CST courses that reached 8,803 federal employees. 

In FY 2026, the Training Institute will continue the Accountable Workplaces (employee) and Accountable Leadership (manager and supervisor) Trainings, which were first launched in FY 2025. The Accountable Workplace classes use feedback models and other interactive methods to discuss how employees who actively maintain respectful behaviors create a model workplace which ultimately leads to successful outcomes.  

National Federal Courses and Federal Agency Training. The Training Institute offers federal courses designed to meet training requirements for EEO practitioners working throughout the federal government.

Table 16 below highlights the Revolving Fund Financing.

Table 16: Summary of Financing for the Revolving Fund

FY 2022 to FY 2026
(Dollars in thousands*)

 FY 2022 ActualFY 2023 ActualFY 2024 ActualFY 2025 Est.FY 2026 Est.
Total Obligations3,6025,0655,1736,0004,800
Offsetting collections from:     
Federal Funds3181,8574,5641,5001,500
Non-Federal Sources2,0042,8002,8982,5002,800
Unobligated balance, start of year2,5491,2698613,5611,561
Unobligated balance, end of year1,2698613,5611,5611,061
Net Budget Authority**4,8715,9268,7347,5615,861

*May not add due to rounding

** Balanced Budget and Emergency Deficit Control Act (BBEDCA) Section 256(k) (2): Mandatory Sequestration for FY 2023, $266,475, FY 2024, $247,114, FY 2025, $317,205 (included in the Net Budget Authority line above.)

VIII.   INFORMATION TECHNOLOGY – DIGITAL TRANSFORMATION

Table 17: Information Technology

FY 2024 to FY 2026
(Dollars in thousands*)

 

FY 2024

      (Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Information Technology$24,769$25,105$29,686$4,581
Total$24,769$25,105$29,686$4,581

The EEOC is committed to digital transformation to optimize processes, enhance customer experiences, secure its infrastructure, and empower its workforce.

In FY 2024, the EEOC successfully deployed a new E-File for Attorneys tool, allowing licensed attorneys to submit charges of discrimination electronically to the EEOC, replacing prior manual processes. Because the EEOC estimates that about a third of the charges it receives come from attorneys filing on behalf of their clients, this tool releases significant resources to better serve unrepresented individuals.

In addition, during the first quarter of FY 2025, the EEOC piloted a new scheduling tool for use by potential charging parties to schedule intake appointments. This new technology is accessible and meets Section 508 standards, mobile responsive for phone and tablet use, has multi-language capabilities, and integrates fully with M365 Outlook/Teams for appointment/video conference scheduling. The tool provides centralized management of field office calendars from a nationwide perspective. Full roll-out of the new scheduling tool will occur during FY 2025.

The E-File for Attorneys tool and the new EEOC Scheduler established the foundation for the modernization of EEOC’s public facing portals in FY 2026. Presently, the public portals that provide charging parties and respondents online access to EEOC inquiry/charge services are over a decade old. This legacy infrastructure must be modernized to mitigate security vulnerabilities, improve 508-accessibility compliance, provide multi-language capabilities, expand access and ease of use, and enhance the customer experience. In addition, substantial increases in the volume of charge inquiries and formal charges of discrimination have resulted in significant and unacceptable wait times for members of the public proceeding through the charge inquiry, intake interview and counseling, and filing stages of the charge intake process. In response, the agency has designed a Re-Imagining Intake initiative to radically improve and streamline procedures for receiving new charge inquiries and charges of discrimination, with the goal of substantially decreasing the time between initial charge inquiry and the actual charge filing. To execute this project, the agency will need to implement technology upgrades to automate or streamline new workflow-based processes within the intake function to improve the agency’s service to members of the public interested in potentially filing a charge of discrimination. The proposed 2026 IT funding will enable completion of these modernization efforts.

To address the challenges associated with data quality, FY 2026 funds will also allow the agency to acquire a comprehensive data quality tool. This tool will significantly enhance the EEOC’s ability to standardize customer addresses, deduplicate records, and ensure the overall quality of data integrated EEOC mission systems and public portals. Moreover, the tool will provide valuable business intelligence by accurately mapping parent, child, and franchise business entities, as well as providing NAICS codes and employee numbers.

For FY 2025, the EEOC advanced its Artificial Intelligence (AI) initiatives. The agency established an AI Governance team in February 2024 and released a Generative AI Policy in March 2024. By September 2024, the AI Compliance Plan was released, and in October 2024, the AI Governance Board was established, along with the submission of the AI Use Case Inventory. These actions demonstrate the EEOC’s approach to responsible AI governance and the integration of AI into its operations. These efforts comply with M-25-21, which focuses on transparency, documentation, and ongoing performance monitoring for AI systems.

Looking ahead to FY 2026, the EEOC has outlined several initiatives and plans. The agency aims to deploy Microsoft 365 Copilot to selected teams for initial evaluation, test its effectiveness in the EEOC environment, and collect user feedback to refine implementation strategies. The scaling phase will involve acquiring licenses as part of the upcoming Microsoft renewal and preparing for an enterprise-wide rollout based on pilot learnings. Additionally, the EEOC is considering future projects such as AI-powered customer support through Zendesk, an AI-assisted position description tool for the Office of the Chief Human Capital Officer, and AI-enhanced chatbots for IIG and public portal customer support. These initiatives illustrate the EEOC’s effort to utilize AI to improve its services and operational efficiency, in line with the minimum risk management practices for high-impact AI use cases as mandated by M-25-21. However, the success of these initiatives depends on securing sufficient budget and resources.

Securing the EEOC’s digital workplace is a critical part of the agency’s plans, with priorities developed and put in place to protect data that is central to the agency’s mission and the privacy of the people the EEOC serves. This includes prioritized implementation of mandatory zero-trust architecture (ZTA) solutions, which is a shared service that provides the agency with zero-trust network access and access control. Furthermore, it replaced the legacy virtual private network (VPN) infrastructure, eliminating unnecessary points of exposure. It also provided the foundation for the EEOC to enable network segmentation and modernization. 

During FYs 2025 and 2026 the EEOC is planning to transition to a new wide area network (WAN) structure that aligns with the evolving federal network requirements and supports the emerging Secure Access Service Edge (SASE) architecture and software-defined wide area network (SD-WAN) services. The SD-WAN architecture will provide full redundancy for 99 percent uptime availability. It also enhances security by enforcing application-based firewall policies, moving the EEOC toward increased ZTA compliance. Most significant to end users will be the performance gains. For a near-same recurring cost, SD-WAN will increase field office bandwidth from the current capacity of 10-50 Megabits per second (Mbps) to 100-200 Mbps. These changes emphasize a decentralized approach, allowing security capabilities to be positioned closer to the data through trust zones, policy enforcement, and toward full TIC 3.0 compliance.

In FY 2024 the EEOC initiated the automation of data loss prevention (DLP) technologies to review and protect content in out-going external emails more effectively. The EEOC also initiated document labeling to protect content based on sensitivity. FY 2025 and 2026 activities will expand data at rest protections – reviewing data, inventory, categorizations, and labeling. These activities will provide extra visibility into data and how it is accessed and used, allowing the EEOC to automate categorization, security responses, and granular audits; implement additional data integrity/data spillage techniques; and deploy comprehensive logging and information sharing to meet the needs of zero trust. 

The EEOC has deployed FIDO2/WebAuthn-compliant devices and services for workstation access, remote desktop (RDP) sessions, and network device login to address mandatory ZTA identity requirements. During FY 2024, the EEOC has registered PINs to the devices for cloud-based application access. With the deployment of Windows 11, the agency will implement password-less-based device login, using the PIN/touch combination.  Not all of the agency’s current laptop inventory can support Windows 11, however; therefore, full deployment is subject to availability of funding in FYs 2025 and 2026 for laptop refresh.

Finally, the EEOC expanded its IT Accessibility/508 Program to better meet federal requirements. This included studying how to deliver role-specific learning paths and task-based training by piloting specialized support for a limited number of roles. The program has provided the first in a series of executive Section 508 trainings as presentations to EEOC leadership and established cross cutting divisional support for Section 508 conformance in procurement, business process design, and risk management. Critical to the agency’s improvement in authoring accessible documents and systems, the agency has focused on expanding support for the EEOC’s Document Accessibility Lab and increasing the availability of 508 contractor resources and software consulting services to meet expanding requirements and needs. This expanded prioritization of Section 508 responsibilities will continue into FYs 2025 and 2026, specifically as we modernize our customer facing portals and services.

As outlined above, the EEOC has achieved many of its multi-year digital transformation milestones – realizing the related benefits, efficiencies, and cost savings. With sufficient funding in FY 2026, the EEOC will continue to use its newly acquired technologies to their fullest potential – modernizing its network infrastructure, improving digital services, and enhancing information security and privacy. 

Table 18: Cybersecurity Spending by NIST Framework

(Dollars in Thousands)

 FY 2024 ActualFY 2025 EnactedFY 2026 President's Budget
IDENTIFY   
   Authorization and Policy367386414
Non-CDM Information Security Continuous Monitoring1,7351,5731,580
PROTECT   
   Cloud Security1,3311,4271,459
   Credentialing and Access Management1,6291,6441,871
   Data Safeguarding343347352
   Secure Data Transmission245282352
   Secure Patch Management476481564
   Security Training202020
   System Security Testing and Analysis393397465
   Zero Trust Network Architecture1,6781,7701,795
DETECT   
   Anti-Phishing and Malware Defense392393394
   Endpoint Detection and Response122122122
   Intrusion Prevention417510285
RESPOND    
   Incident Management and Response638723745
RECOVER   
   Disaster Recovery357363369
   Incident Notification282930

IX.       PROGRAM AREAS

Table 19:  Human Resources

FY 2024 to FY 2026
(Dollars in thousands)

 

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Human Resources$2,103$ 2,314$2,314$0
Total$2,103$ 2,314$2,314$0

Human Resources

Recruitment and Retention

In FY 2026, the EEOC will continue to support and address Administration executive orders and Office of Personnel Management (OPM) and guidance regarding human capital recruitment and retention goals and maintain the EEOC’s authorized FTE levels. 

In FY 2026, the agency will support its Agency Strategic Plan to recruit and retain talented employees and meet authorized staffing goals by using a wide range of flexibilities, including:

  • Various actions to address and fill senior leaders’ losses,
  • Schedule A hiring of persons with disabilities,
  • Non-competitive Veterans hiring appointments, and
  • Military Spouses appointments.

Finance and Administration

Table 20:  Finance and Administration

FY 2024 to FY 2026
(Dollars in thousands)

 

FY 2024

(Actual)

FY 2025

(Enacted)

FY 2026

(Request)

Change From

FY 2025

Chief Financial Officer$41,817$43,519$51,958$8,439
Total$41,817$43,519$51,958$8,439

Office Rehabilitations and Relocations

The EEOC is actively collaborating with the General Services Administration (GSA) to optimize space utilization, aiming for a staff-to-space capacity ratio of 70 percent or higher. The EEOC prioritizes and implements strategies related to upcoming lease expirations, strategic space reductions, and other significant space management initiatives to support the agency’s strategic objectives and overall mission.

In FY 2025, the EEOC continues to undertake a progressive approach to space utilization and critical tenant improvement projects. For the headquarters office of OIG, to increase operational efficiency, the agency is removing workstations to allow space for an additional office and a conference room. Additional relocation cost and reconfiguration for the San Diego and New Orleans offices will improve internal and external customer facing space while reducing space overall.  

In FY 2026, the requested amount will supplement other funding needs to address the backlog in tenant improvements, repairs and maintenance projects and implement a regular schedule for tenant improvement projects.

Financial Management and Data Analysis

USAspending.gov is the federal open data platform designed to promote transparency and accountability in federal spending information, offering detailed data on contracts, grants and loans. Federal agencies are mandated to report spending data on a publicly accessible and searchable website to give the public access to information on how tax dollars are being spent.  Since FY 2022, the EEOC has maintained timely submission of spending data for presentation at the public-facing www.USASpending.gov website. 

Security, Safety, Emergency Preparedness and Continuity of Operations

The Security and Safety Division continues to work with EEOC district offices, area and field offices and headquarters in the implementation of policy and programs affecting physical security; Homeland Security Presidential Directive (HSPD)-12; federal personal identity verification (PIV) credentialing; classified national security information; emergency preparedness and management; occupational health and safety; continuity of operations (coop); insider threat; and workplace violence prevention and response. FY 2026 funding will provide the needed resources for mandatory items such as DHS Security, as requested by Federal Protective Service (FPS) Revenue staff to address contract escalation and inflationary increases.  Additionally, GSA’s USAccess PIV/PIV-I credentialing program has advised agencies that they should increase their HSPD-12 program budget annually which is included in the EEOC’s adjustment to the base.

X. VERIFICATION AND VALIDATION OF DATA

The agency’s private sector, federal sector, and litigation programs require accurate enforcement data, as well as reliable financial and human resources information, to assess the EEOC’s operations and performance results and make sound management decisions. The EEOC will continue efforts to ensure the accuracy of program information and analysis.

The EEOC systematically reviews the information collected in the agency’s databases for accuracy by using statistical software (e.g., SAS, PowerBI, etc.) and program reviews of a sample of records during field office technical assistance visits. Additionally, headquarters offices regularly conduct analyses to review the information collected to identify erroneous entries requiring correction to collection procedures. 

The transition of the agency’s legacy Integrated Mission System (IMS) application to the modernized Agency Records Center (ARC) system continues to improve the collection and validation of the EEOC’s program data related to charge intake, investigation, mediation, conciliation, and FEPA functions – migrating away from manual activity-based data entry to automated event-driven recordation. During these modernization efforts, the EEOC has identified many areas where the agency will be able to further automate and improve current processes and related data integrity. Because several performance measures require data to assess agency achievements, it is significant that the EEOC can now obtain reliable data more quickly. 

The EEOC’s OIG regularly reviews the agency’s data validity and verification procedures, information systems, and databases and offers recommendations for corrective action or improvement. The agency uses the OIG’s information and recommendations to ensure the reliability and validity of the EEOC’s systems and data.

XI. PROGRAM EVALUATIONS

Program evaluation is an important component of the EEOC’s effort to ensure that its programs are operating as intended and achieving results. Program evaluation is a thorough examination of program design and operational effectiveness that uses rigorous methodologies and statistical and analytical tools. Evaluations also use expertise internal and external to the agency for the program under review. 

Independent program evaluations have played an important role in formulating the strategic and performance goals for the EEOC’s Strategic Plan. They have helped shape some of the program issues and key focus areas for improvement, thereby increasing the Plan’s value as a management tool to guide the agency’s strategic efforts in attaining overall productivity and program efficiency, effectiveness, and accountability. To that end, the EEOC has used findings and recommendations issued in OIG program evaluation reports to advance the EEOC’s performance-based management initiatives under the Government Performance and Results Act (GPRA) of 1993 and the GPRA Modernization Act (GPRAMA) of 2010, and to improve the effectiveness of key agency programs. Information found in OIG program evaluations reports was useful to inform development of the EEOC’s strategic direction and goals for the next several years. 

  • Evaluation of EEOC Data Reliability, Elder Research for the EEOC Office of Inspector General, August 2024
  • Fair Employment Practices Agencies, Clarus Research for the EEOC Office of the Inspector General, August 2024.
  • Customer Service Portals, KAI Partners for the EEOC Office of Inspector General, September 2023.
  • Digital Process Transformation and Automation program, KAI Partners for the EEOC Office of Inspector General, January 2023.
  • EEOC’s Management of Private Sector Customer Service, October 2022.
  • EEOC’s Social Media Program, Hager Sharp for the EEOC Office of Inspector General, July 2021.
  • EEOC’s Contracts Administration Activities, Office of Inspector General, March 2020.
  • EEOC Federal Hearings and Appeals Processes, The Center for Organizational Excellence, Inc., and Cohn Reznick LLP, Office of Inspector General, March 2020.
  • EEOC’s Data Analytics Activities, Elder Research, Office of Inspector General, September 2018.

The EEOC will continue to use the information noted in OIG’s program evaluations reports during the reporting period of the agency’s Strategic Plan consistent with the Commission’s focus on improving the effectiveness of government through rigorous evaluation and evidence-based policy initiatives. This will ensure that its efforts align with the agency’s budget and other programmatic priorities. The EEOC will assess its progress on an ongoing basis to reaffirm its commitment to fulfilling the agency’s mission. The agency continues to address the recommendations from several OIG and GAO evaluation projects.  See Appendix B for more detail.

XII.     FREEDOM OF INFORMATION ACT WORKLOAD  

Introduction

The EEOC is continually seeking ways to achieve organizational excellence by improving its organizational capacity through sound management of the agency’s resources. Maximizing effective use of EEOC resources is essential to achieving the agency’s enforcement and outreach goals. 

Freedom of Information Act Workload

Table 21 below depicts the actual Freedom of Information Act (FOIA) workload for FYs 2022 through 2024 and projections for the number of requests received, processed, and pending for FYs 2025 through 2026. 

Based on actual workload data for FY 2024, as noted in Table 21 below, the agency projects that it will receive approximately 20,136 FOIA requests in FY 2025, and approximately 17,047 in FYs 2026. Based on data from FY 2024, the agency estimates that it will process 18,968 FOIA requests in FYs 2025, and approximately 17,220 through FY 2026. 

Table 21:  Freedom of Information Act (FOIA)

FY 2022 to FY 2026

 FY 2022* (Act)

FY 2023**

(Act)

FY 2024***

(Act)

FY 2025****

(Est.)

FY 2026*****

(Est.)

Carryover Previous Year1,2755089597081,876
Receipts14,04015,92918,08320,13617,047
Total Workload15,31516,43719,04220,84418,923
Processed13,26314,65318,33418,96817,220
Pending FOIA2,0521,7347081,8761,703

*       Updated numbers are from section V.A. of EEOC’s FY2022 annual FOIA report cleared by DOJ.

**     Updated numbers are from section V.A. of EEOC’s FY2023 annual FOIA report cleared by DOJ.

***    Updated numbers are from section V.A. of EEOC’s FY 2024 annual FOIA report cleared by DOJ.

**** Received FOIAs for the first two quarters of FY 2025 are 5,057 and 5,011. Taking the average of the two (5,034) as estimated receipts for Q3 and Q4 and adding it to the Q1 and Q2 total (10,068), the projected receipts for FY 2025 is 20,136.  This quarterly information can be found at foia.gov. Assuming a 91% closure rate (which is the average of the actual closure rates for FYs 2022, 2023, and 2024), estimated total processed FOIAs for FY 2025 is 18,968. 

***** Estimated receipts for FY 2026 are an average of the actuals for FY 2022, 2023, and 2024, plus the estimated for 2025.

GINA Study Commission

Section 8 of Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008 requires that a commission designated by members of Congress be established on May 21, 2014, to review the developing science of genetics and to make recommendations to Congress regarding whether to provide a disparate impact cause of action under GINA. To date, Congress has not designated any members. In order to abide by the EEOC’s statutory responsibilities, should such a Commission be established, the agency anticipates that it would need to cover the following costs for the eight-member commission: shared rent and security; IT services; per diem, including air fare; postal services; and other miscellaneous expenses. 

To be known as the Genetic Nondiscrimination Study Commission, this commission would be located in a facility maintained by the EEOC. Although members will not receive compensation for the performance of services for the commission, the statute requires that members receive travel expenses, including per diem, while away from their homes or regular places of business in the course of performing services for the commission. The statute authorizes sums to be appropriated to the EEOC as shall be necessary to carry out the requirements of Section 8.

APPENDIX A: GENERAL STATEMENT OF LAWS

The U.S. Equal Employment Opportunity Commission (the EEOC or Commission) was established under Title VII of the Civil Rights Act of 1964 (78 Stat. 253, 42 U.S.C. 2000e et seq.), and became operational on July 2, 1965. The EEOC is a bipartisan Commission comprised of five members, who are appointed by the President, with the advice and consent of the Senate, for rotating five-year terms. No more than three members may come from the same political party.  The President designates one Commissioner to serve as Chair and another Commissioner to serve as Vice Chair. In addition to the Commissioners, the President appoints a General Counsel to a four-year term to support the Commission and oversee the agency’s litigation programs.

The EEOC is charged with preventing and remedying unlawful employment discrimination and advancing equal opportunity for all. The EEOC fulfills its mission through the implementa­tion of a vigorous law enforcement program that includes investigation, conciliation, medi­ation, and litigation, complemented by an outreach program that provides information, guidance, and technical assistance to help prevent discrimination.

Statutes Enforced

The EEOC enforces Title VII of the Civil Rights Act, as amended, which prohibits discrimination on the basis of race, color, religion, sex, and national origin by private and state or local employers with 15 or more employees; by employment agencies; by labor organizations with 15 or more members; by joint labor-management training and apprenticeship programs; and by the federal government. The law also requires employers and other covered entities to reasonably accommodate an employee’s religious practices unless doing so would pose “undue hardship” as interpreted by the Supreme Court in Groff v. DeJoy, 143 S. Ct. 2279 (2023), meaning that a “burden is substantial in the overall context of the employer’s business.” In 1978, Title VII was amended to enact the Pregnancy Discrimination Act (PDA), which clarifies that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination and requires employers to treat workers affected by pregnancy, childbirth, or related medical conditions the same as any other employees with temporary disabilities with respect to terms and conditions of employment, including health benefits. The Government Employee Rights Act of 1991, 42 U.S.C. §§ 2000e-16a to 2000e-16c, provides procedures to protect the rights of certain government employees, with respect to their public employment, to be free of discrimination on the basis of race, color, religion, sex, national origin, age, or disability. 

In addition to Title VII, the EEOC enforces the Age Discrimination in Employment Act of 1967 (ADEA); the Equal Pay Act of 1963 (EPA); Sections 501 and 505 of the Rehabilitation Act of 1973; Titles I and V of the Americans with Disabilities Act of 1990 (ADA), as amended; Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA); and the Pregnant Workers Fairness Act (PWFA).

The ADEA protects individuals aged 40 and older from age-based employment discrimination. It covers private employers with at least 20 or more employees, state and local governments, employment agencies, labor organizations with 25 or more members, and the federal government.  The ADEA was amended in 1990 by the Older Workers Benefit Protection Act to prohibit age discrimination in fringe benefits and to limit waivers of ADEA claims.

The EPA prohibits sex-based discrimination in the payment of wages to men and women performing substantially equal work in the same establishment. The EPA applies to most employers.

Titles I and V of the ADA prohibit employment discrimination against qualified individuals on the basis of an employee’s or applicant’s disability.  The act covers both private sector and state or local government employers with 15 or more employees, employment agencies, and labor organizations with 15 or more members, and joint labor-management training and apprenticeship programs. Sections 501 and 505 of the Rehabilitation Act protect qualified individuals from employment discrimination on the basis of disability by the federal gov­ernment, and section 501 requires that federal employers undertake affirmative action on behalf of individuals with disabilities.

The ADA and the Rehabilitation Act both require employers to make reasonable accom­modations for individuals with disabilities absent undue hardship (i.e., significant difficulty or expense). The laws also regulate when employers may ask for certain medical information, require medical testing, and disclose employee medical records, regardless of whether the affected individual is a qualified individual with a disability. The ADA Amendments Act of 2008 broadened the definition of “disability” under the ADA and the Rehabilitation Act.

Title II of GINA protects individuals against employment discrimination based on genetic information, including information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about an individual’s family medical history.  GINA covers employers with 15 or more employees, including state and local governments as well as employment agencies; labor organizations; joint labor-man­agement training and apprenticeship programs; and the federal government. GINA also strictly limits access to genetic information and requires that covered entities maintain the confidentiality of any genetic information that they obtain.

The PWFA requires employers to make reasonable accommodations for employees and applicants with known limitations due to pregnancy, childbirth, or related medical conditions, absent undue hardship (i.e., significant difficulty or expense). The PWFA covers employers with 15 or more employees, including state and local governments as well as employment agencies; labor organizations; joint labor-management training and apprenticeship programs; and the federal government. 

All of the EEOC-enforced laws prohibit retaliation. Title VII, ADEA, ADA, the Rehabilitation Act, GINA, GERA, and the PWFA prohibit retaliation against individuals who have reasonably opposed dis­crimination, or who have filed a charge, served as a witness, or otherwise participated in an EEO proceeding. The EPA prohibits retaliation against an individual because they have filed a complaint (internal or with an enforcement agency) or instituted or testified in a proceeding.

APPENDIX B: EVALUATION AND EVIDENCE

  1. Agency Context
  2. Current Efforts and Future Plans

The EEOC recognizes the importance of data driven decision-making and the transformative role data can have to make the federal government more efficient and to serve the American people more effectively.  The EEOC is committed to building our capacity to provide mission critical evidence and integrate our information and data policy into budget, performance and management decision making.  As a basis for this emphasis, the agency is guided by:

Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence

Executive Order 14243, Stopping Waste, Fraud, and Abuse by Eliminating Information Silos

OMB Memorandum M-25-21 Accelerating Federal Use of AI through Innovation, Governance, and Public Trust

OMB Memorandum M-25-05 Phase 2 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Open Government Data Access and Management Guidance

OMB Memorandum M-20-12 Phase 4 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Program Evaluation Standards and Practices

OMB Memorandum M-19-23 Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018:  Learning Agendas, Personnel, and Planning Guidance

Foundations for Evidence-Based Policymaking Act of 2018

  1. Recent Major Progress

The EEOC’s Data Governance Board and Chief Data Officer provide executive leadership and oversight for the development and implementation of the policies and processes that govern the collection, creation, management, use, and disclosure of the EEOC’s data.

The EEOC continues to make great strides with its Data and Analytics Modernization Program.  In FY 2024, the program focused on enhancing the transparency of agency functions and operations, reducing burden on stakeholders, augmenting agency use of modern data analytics to drive data-driven decision making, promoting greater public access to the data, and improving organizational efficiency. 

 Current Barriers

The EEOC, having made significant strides to modernize its methods of data collection, reporting, visualization, and access in recent years, will identify resources and opportunities in FY 2026 to continue the agency’s work to implement data-driven decision-making, enterprise-wide, and to use data to deliver on the EEOC’s mission and serve both the agency and the public. 

  1. Evaluation Projects

In FY 2024 and FY 2025, the agency continued its work on the following evaluation project:

  • The EEOC’s Data and Analytics Modernization Program. The goals of the modernization program are to 1) enhance transparency of agency functions and operations; 2) reduce burden on our stakeholders; 3) augment agency use of modern data analytics to drive data-driven decision making; and 4) promote greater public access to data. In FY 2024, the EEOC’s Office of Enterprise and Data Analytics (OEDA) led and participated in several modernization efforts specific to the evaluation of its data collection and reporting. With the transition of the enforcement data collection from the EEOC’s legacy case management system (IMS) to its new case management system (ARC), OEDA worked closely with EEOC’s Office of the Chief Information Officer (OCIO) and Office of Field Programs (OFP) to identify reporting errors. Inaccurate data or data collection issues were promptly reported to OCIO/OFP and collaboratively addressed. During the fiscal year, OEDA continued to integrate ARC into its regular internal reporting processes and implement additional quality assurance measures.

Specific initiatives of the EEOC’s Data and Analytics Modernization Program include:

Provide Secure Access to the EEOC’s Restricted Data for Research and Statistical Purposes. 

To protect the EEOC’s restricted-access data released for research purposes, the agency through an Interagency Agreement with the Census Bureau established access to the Federal Statistical Research Data Center (FSRDC) in FY 2024. The FSRDC is a modern, secure, and privacy-protected approach to facilitate access to protected data for external researchers. The agreement advances the goals of the bipartisan Foundations for Evidence-Based Policymaking Act, which directed federal agencies to enhance evidence-building efforts, make greater use of existing data collections, and improve public access to data.

Creation of a New System for the Federal Sector.

To strengthen oversight and assist federal agencies, the EEOC proposes to create the Government-wide Complaint Management System (GWCMS). This system would streamline data collection and analysis to combat workplace discrimination across the federal sector. Additionally, it would replace the complex annual data collection currently required, saving resources by avoiding duplication.

Currently, each federal agency maintains its own EEO activity tracking system, leading to disjointed reporting. A centralized system would offer benefits including real-time oversight, the elimination of time-consuming annual collection of data, the reduction of duplicative reports, and the enhancement of data-driven decision-making. These improvements will promote fairness, inclusivity, and efficiency within the federal workplace.

In FY 2024, the EEOC initiated the Federal Integrated Business Framework (FIBF) for EEO business standards. The FIBF helps the federal government coordinate and document common business needs across agencies, focusing on outcomes, data, processes, and performance. 

In June 2024, the U.S. Government Accountability Office (GAO) completed an audit (GAO-24-105874) and provided the following recommendations to the Chair of the EEOC:

  1. Ensure the Office of Federal Operations improves or automates the tracking of agencies' timely completion of Management Directive 715 reports.
  2. Enhance the Office of Federal Operations’ ability to compile and analyze information from Technical Assistance reviews, such as automating features to identify EEO trends from agency Management Directive 715 reports.
  3. Require staff to consistently use the same tracking tool to record information from Technical Assistance reviews, including all deficiencies.
  4. Develop and implement criteria and guidelines for invoking public notification procedures related to agency noncompliance as outlined in Management Directive 110.

The GAO found a need for the Commission to more effectively utilize technology and automation in order to make the data collection systems efficient. The GWCMS would provide support for the Commission’s efforts to comply with the GAO recommendations.

APPENDIX C:  ENTERPRISE RISK MANAGEMENT

BACKGROUND

The EEOC Enterprise Risk Management Policy Handbook established formal Enterprise Risk Management (ERM) within the EEOC in accordance with Section II of OMB Circular A-123. ERM and Internal Control are components of a robust governance framework. ERM as a discipline, deals with identifying, assessing, and managing risks. Through adequate risk management, agencies can concentrate efforts on key points of failure and reduce or eliminate the potential for disruptive events. OMB Circular No. A-123 defines management’s responsibilities for ERM and includes requirements for identifying and managing risks.

The EEOC recognized that many risks within the organization are interrelated and cannot be effectively and efficiently managed independently within a given Headquarters or Field Office.  The interconnected risks facing the EEOC must be managed across the organization and, in many instances, in coordination with the agency and its stakeholders. Therefore, the EEOC Enterprise Risk Steering Committee (ERSC) was established to oversee the development and implementation of processes used to analyze, prioritize, and address risks across the EEOC. The ERSC is composed of the following representatives:

  • Chief Risk Officer (CRO) and Committee Chair
  • Director, Office of Field Programs
  • Director, Office of Federal Operations
  • District Director Representative
  • Regional Attorney Representative
  • Field/Area/Local Office Director Representative
  • Chief Information Officer (CIO)
  • Chief Information Security Officer (CISO)
  • Director, Office of Enterprise Data and Analytics
  • Deputy General Counsel
  • Associate Legal Counsel
  • Chief Financial Officer (CFO)
  • Chief Human Capital Officer (CHCO)
  • Director, Office of Communications and Legislative Affairs (OCLA)

APPENDIX D: AGENCY RESPONSES TO PL 115-414 GOOD ACCOUNTING OBLIGATION IN GOVERNMENT ACT (GAO-IG Act)

This bill requires each federal agency, in its annual budget justification, to include a report on: (1) each public recommendation of the Government Accountability Office (GAO) that is classified as “open” or “closed, unimplemented”; (2) each public recommendation for corrective action from the agency’s office of the inspector general (OIG) for which no final action has been taken; and (3) the implementation status of each such recommendation.

Audit Report Name: Performance Audit of the EEOC Commercial Charge Card Program

Month and Year Report was Issued: OIG Report Number 2018-007-AOIG

Date of Report: May 31, 2019

RecommendationImplementation Status

Purchase Cards – the Administrative Officer or District Resources Manager should maintain documentation of all account closures electronically or in hard copy.

Travel Cards – The Charge Card Program Manager should maintain documentation of all account closures electronically or in hard copy.

Repeat finding. EEOC Order 360.003 for purchase cards has been revised to include the procedures which indicate that Administrative Officer or District Resource Managers are to maintain account closure documents. EEOC Order 360.003 has been updated, issued, and posted on EEOC’s Insight.  Recommendation will remain “open” until auditor has validated for closure.

Audit Report Name: Management Letter Report for the Audit of the EEOC’s FY 2024 Financial Statements was Issued: OIG Report Number 2024-003-AOIG

Date of Report: November 21, 2024 - *New Report*

RecommendationImplementation Status
Recommend EEOC ensures the existing policy in place is followed and documentation of the process is reviewed by the CFO or their designee on a quarterly basis.Work in progress. OCFO has developed a process for reviewing and validating amounts and classification of all pending undelivered orders. Acquisitions Services Division established a Tiger Team and Completed training of additional ASD staff on the UDO 1311 process and de-obligation medication processing expectations. OCFO conducted remedial training in the proper review of 1311 activities for Program Office staff with the Administrative Officers (AOs).

Audit Report Name:  FINAL Report:  Federal Information Security Modernization Act of 2014 (FISMA) Fiscal Year 2024 Performance Audit was Issued: OIG Report Number 2024-002-AOIG

Date of Report: November 4, 2024 - *New Report*

RecommendationImplementation Status

Recommend that EEOC communicates and implements an organization-wide SCRM and C-SCRM strategy to guide supply chain analyses, provide communication channels with internal/external partners and stakeholders, and assist in building consensus regarding the appropriate resources for SCRM and C-SCRM.

 

Work in progress.

 

Recommend that EEOC continue its full implementation, in accordance with its plan. For the ZTA Identify pillar, to better meet ZT requirements for all agency-provided devices. EEOC should continue implementation of its password-less Multi-Factor Authentication (MFA) strategy-providing a strong, non-impersonable authentication process for all agency resources access. EEOC should continue implementation of its FIDO2/WebAuthn-compliant devices and services for workstation logon, remote desktop (RDP) sessions, network device login, and cloud application access. EEOC should continue its implementation of its secure sign-in-service integration via Login.Gov for the public with its MFA and phishing-resistant authentication methods for EEOC’s public-facing systems.

 

Work in progress.

Recommend that EEOC plans and prepares to meet the goals of the TIC initiative, consistent with OMB M-19-26. The agency should define and customize, as appropriate, a set of policies, procedures, and processes to implement TIC 3.0, including updating its network and system boundary policies, in accordance with OMB M-19-26. This includes, as appropriate, incorporation of TIC security capabilities catalog, TIC use cases, and TIC overlays.

 

Work in progress.

EEOC should develop an executable plan to meet the requirements of OMB M-21-31 and ensure the plan is properly supported.

 

Work in progress.

Immediate Actions:

     a.  Change SNMP Community Strings:  Immediately replace default or simple community strings with complex, unique passwords.

     b.  Implement SNMPv3:  Upgrade to SNMPv3 to utilize its enhanced security features, including authentication and encryption.

     c.  Changing all passwords identified in the affected device’s configuration files due to the Cisco Type 7 encoding/encryption method being easily reversed.

     d.  Review the configuration for any unauthorized changes that may have occurred.

Long-Term Actions:

     a.  Regular Configuration Audits:  Schedule regular audits of network device configurations to ensure compliance with security best practices.

     b.  Access Control Lists:  Restring SNMP access to trusted management stations only.

     c.  Security Awareness:  Train network administrators on the risks of default settings and secure configurations’ importance.

 

Work in progress.

Recommend that EEOC:

     a.  Update to a recent BIRT viewer component, well past version 4.12.

     b.  Determine if the application should be publicly available. If not, implement NSG rules within Microsoft Azure or ACLs within firewalls to limit or block or external access to the site.

     c. Remove default and un-needed ".rptdesigm" files that allow for passing a parameter with attacker-controlled input.

     d.  Ensure BIRT viewer component is proxied through an authenticated connection and not via direct calls to the NXG servers. Implement the use of complex credentials for all systems.

      f.  Ensure procedures are written in such a way to accomplish what is written in the policy.

     g.  Ensure it has people in an assigned role to remediate flaws in accordance with its policy and risk tolerance.

     h.  Consider how new or existing technologies it has can assist in these efforts:

          1.  Tracking all new systems and software being deployed;

          2.  Require the evaluation of the specific policy addressing NIST 800-53, Rev 5, SI-2);

          3.  Create, at least monthly, a review of all flaw remediations that meet the risk tolerance threshold and have not been remediated, to include explanations for the deviation from policy.

 

Work in progress.

Recommend EEOC OIT:

     a.  Ensure it has a policy in place to address NIST 800-53, Rev 5, SI-2, Flaw Remediation.

     b.  Ensure procedures are written in such a way to accomplish what is written in the policy, for example:

         1.  Procedures to address high risk vulnerabilities defined by the CVSS score, the severity of the vulnerability, and how many systems/endpoints are impacted.

         2.  Procedures to review, at least monthly, with the CIO and CISO;

         3.  Procedures to review all vulnerabilities meeting the EEOC determined criteria and exceeding the EEOC remediation schedule, be further discussed at least on a monthly basis to better identify how to address the vulnerabilities, why they have not been patched, and if OIT has risk accepted the vulnerability;

         4.  Procedures to document all risk accepted vulnerabilities that meet EEOC defined criteria for high/critical; and

         5.  Procedures for an annual review of the metrics created to address flaw remediation to address any changes to EEOC systems, risks, and processes.

     c.  Ensure it has people in assigned roles to remediate flaws in accordance with its policy and risk tolerance.

     d.  Consider how new or existing technologies it has can assist in these efforts:

         1.  Tracking all new systems and software being deployed;

         2.  Require the evaluation of the specific policy addressing NIST 800-53, Rev 5, SI-2); and

         3.   Create, at least monthly, a review of all flaw remediations that meet the risk tolerance threshold and have not been remediated, to include explanations for the deviation from policy.

     e.  EEOC should create a process to review all vulnerabilities identified either by internal or external scans to ensure vulnerabilities are fully addressed and the combination of vulnerabilities cannot be exploited on EEOC’s systems.

Work in progress.

Audit Report Name: Evaluation of EEOC Federal Hearings and Appeals Process

Month and Year Report was Issued: OIG Report Number 2018-01-EOIG

Date of Report: March 30, 2020

RecommendationImplementation Status
OIT developers should meet directly with software users, such as OFO attorneys and supervisory attorneys and OFP AJs and Supervisory AJs (SAJ) to determine additional requirements.Closed. Testing and validation completed.
Assign a target number of days for intake so that management can determine if changes implemented impact the efficiency of the process.The Office of Federal Operations (OFO) established a target number of goals/measures for intake to scan and docket. This allowed for assessment of the productivity of the office.  Although OFO believes the action taken has implemented the recommendation, closure remains pending. Testing and validation required.

Audit Report Name: Final Report:  FY 2021 Annual Report on EEOC’s Compliance with the Payment Integrity Information Act of 2019 (PIIA)

Month and Year Report was Issued: OIG Report Number 2022-002-IOIG

Date of Report: July 11, 2022

RecommendationImplementation Status
Annually conduct an improper payment review in accordance with PIIA and follow the guidance outlined in OMB Circular A-136, section II.4.5 [Payment Integrity Information Act Reporting].Closed. Testing and validation completed.
Report the OIG’s finding of non-compliance with the FY 2021 PIAA requirements, as outlined in OMB Memorandum M-21-19, Section VI.D, “Agency Responsibility When a Program is non-Compliant”.Closed. Testing and validation completed.

Audit Report Name: Transmittal of Management Letter Report for FY 2020 Financial Statement Audit

Month and Year Report was Issued: OIG Report Number 2020-002-AOIG

Date of Report: December 16, 2020

RecommendationImplementation Status
Recommend that EEOC management create a control where management reviews, on a sample basis, at least quarterly, the approved PP&E disposals/retirements or conformity to the EEOC SOP for OIT Excess Property that states, “When equipment is disposed of and SF 120, SF 122, or SF 120 copy using GSAXcess, is approved by the EEOC Approving Official(s), CSD Backup or Property management who have been found to not adhere to requirements of the SOPs for OIT Excess Property and require them to obtain additional training, to include certifying they have read the Approval Officials responsibilities, as it relates to the aforementioned control.”Closed. Testing and validation completed.

Audit Report Name: Performance Audit of the EEOC’s Charge Card Program

Month and Year Report was Issued: OIG Rpt. No. 2020-004-AOIG

Date of Report: March 24, 2021

RecommendationImplementation Status
Recommend that the Office of the Chief Financial Officer of the U.S. Equal Employment Opportunity Commission enhance the documentation, monitoring, and enforcement of its controls over the closure of charge card (purchase and travel) accounts.Repeat Finding. EEOC Order 360.003 has been revised and issued November 2023 to include the recommendations, procedures to close out purchase card accounts. OCFO/ASD believes that the action taken implements the recommendation. Closure of the recommendation is pending.  Testing and validation required by auditor.
Recommend the EEOC ensure that emailed policy memos are promptly updated in the appropriate EEOC Directives Transmittal Order.Completed. The EEOC issued Purchase Card Memorandum 2202-01 to Purchase Cardholders and Approving Officials regarding Purchase Card Rebates.  The revised EEOC Order 360.003 incorporates emailed policy memos. EEOC Order issued November 2023. Testing and validation pending by auditors for closure. Testing and validation required.
Recommend that the Office of the Chief Financial Officer of the U.S. Equal Employment Opportunity Commission enhance the documentation and monitoring of controls over the validation process of charge card transactions.Completed. The EEOC conducts quarterly reviews. Internal Guidance Procedure, “Internal Purchase Card Review” created and issued to Approving Official/Purchase Card on March 8, 2021. Testing and validation required.
For purchase cards, EEOC management should create a control where management reviews, on a sample basis, purchase cards transactions to ensure all obligating documents and purchase orders are in conformity with EEOC Directives Transmittal Order 360.003, Commercial Purchase Charge Card Program Practical User’s Guide.Work in progress. EEOC Order 360.003 revised and issued November 2023. Management will create a control where management reviews, on a sample basis, purchase cards transactions to ensure all obligating documents and purchase orders are in conformity with the newly revised EEOC Directives Transmittal Order 360.003, and Commercial Purchase Charge Card Program Practical User Guide.
For travel cards, EEOC management should create a control where management reviews, on a sample basis, travel card transactions to ensure all travel authorization or vouchers and receipts are in conformity with EEOC Directives Transmittal Order 345.001, Travel and Transportation Administrative Policies and Procedures Manual.Testing and validation required.  The EEOC documented instructions in the Annual Business Process Memo and SOPs outlining the requirements for travel card closure procedures.  SOPs have been updated to be consistent with CitiManager directives with additional controls for secure travel application processing, records maintenance, and travel card closing procedures. Updated monitoring and oversight testing procedures for validation of travel transactions included in the Improper Payment Testing guidance which is considered by FSSD on a semi-annual basis.
EEOC management should update its policies and procedures to include all required safeguards and internal controls to be compliant with the Government Charge Card Abuse Prevention Act of 2012. In addition, the EEOC should create a monitoring control to review the policy when changes or updates are made to federal law or Office of Management and Budget or General Services Administration guidance.Completed. EEOC Order 360.003 updated to include all required safeguards and internal controls for compliance. The EEOC attends monthly and quarterly A/OPC meeting conducted by GSA Center for Charge Card Management and reviews OMB Circular A-123 Appendix B. Testing and validation required by auditors for closure.

Audit Report Name: Evaluation of the EEOC’s Social Media Program

Month and Year Report was Issued: OIG Report No. 2020-001-EOIG

Date of Report: July 26, 2021

RecommendationImplementation Status
Implement a consistent content approval process run by OCLA.Closed. Testing and validation completed.
Complete revisions to the social media handbook and provide to all staff managing social media channels.Closed. Testing and validation completed.

Audit Report Name: EEOC Contracts Administration Activities

Month and Year Report was Issued: OIG Report No. 2019-001-EOIG  

Date of Report: March 11, 2020  

RecommendationImplementation Status
OCFO review EEOC Order 360.001 as needed to assist COR’s in performing their duties. Include implementation guidance for contract administration activities, such as submitted contract modifications.Work in progress. EEOC Order 360.001 will be revised to incorporate more specific guidance on how COR functions should be performed.

Audit Report Name: Final Report:  Performance Audit of the EEOC Federal Information Security Modernization Act of 2014 (FISMA) for FY 2021

Month and Year Report was Issued: OIG Rpt. No. 2021-004-AOIG

Date of Report: March 15, 2022

RecommendationImplementation Status
EEOC plans and prepares to meet the goals of the TIC initiative, consistent with OMB M-19-26. The agency should define and customize, as appropriate, a set of policies, procedures, and processes to implement TIC 3.0, including updating its network and system boundary policies, in accordance with OMB M-19-26. This includes, as appropriate, incorporation of TIC security capabilities catalog, TIC use cases, and TIC overlays.Work in progress. EEOC will meet the goals of the TIC initiative, consistent with OMB M-19-26. The agency will define and customize, as appropriate, a set of policies, procedures, and processes to implement TIC 3.0, including updating its network and system boundary policies, in accordance with OMB M-19-26.  This includes, as appropriate, incorporation of TIC security capabilities catalog, TIC use cases, and TIC overlays.

EEOC review and remediate the medium level severity vulnerabilities identified during external penetration testing by:

•              Modifying network firewalls to no longer allow external access to specific services.

•              Reviewing the NTP server’s configuration to ensure that this functionality is not abused.

•              Considering restricting or disabling NTP mode 6 query capabilities.

Closed. Testing and validation completed.

EEOC review and remediate the medium level severity vulnerabilities identified during external penetration testing by:

·         Disabling IKE Aggressive Mode.

·         Refraining from the use of pre-shared authentication keys.

·         Implementing multi-factor authentication for all VPN access.

 

Closed.  Testing and validation completed.

Audit Report Name: Transmittal and Exist Conference Memorandum:  Federal Information Security Modernization Act of 2014 (FISMA) Fiscal Year 2022 Performance Audit

Month and Year Report was Issued: OIG Report No. 2022-001-AOIG 

Date of Report: November 3, 2023

RecommendationImplementation Status

EEOC defines, communicates, and implements an organization wide SCRM strategy to guide supply chain analyses, provide communication channels with internal/external partners and stakeholders, and assist in building consensus regarding the appropriate resources for SCRM.

 

 

Work in progress. OIT will ensure practicality of policy by implementing and enforcing throughout OIT; disseminate agency-wide, by departments; test agency-wide implementation, and modify current processes ensuring supply chain analysis, internal and external communication channels, auditing, and risk assessments components.   
EEOC implement strong authentication mechanisms for privileged and non-privileged users in accordance with Federal guidance, to meet the required use of PIV or an Identity Assurance Level (IAL) 3/Authenticator Assurance Level (AAL) 3 credential of the agency’s networks, including remote access sessions, in accordance with Federal targets. The agency should continue developing their plans for organization-wide use of strong authentication mechanisms for non-privileged users and require multifactor authentication to network access for all user accounts.Work in progress. EEOC systems require multiple layers of identify assurance and authorization. Login & password is required for PC access; now tokens are also required for VPN or online access. PIV cards are employed where external systems require, and MS operations require random verification by MFA.  EEOC is standardizing on IAL3/AAL3 tokens, now acquired, and being distributed.  Achieved union buy-in 2023 Q4.  Testing and validation pending by auditors to determine if steps taken implement recommendation.

EEOC review and remediate the medium level severity vulnerabilities identified during external penetration testing by:

Disabling IKE Aggressive Mode if supported.

Refraining from the use of pre-shared authentication keys.

If using a pre-shared key cannot be avoided, use strong keys.

Do not allow VPN connections from a non-approval IP address, if possible.

Closed. Testing and validation completed.

EEOC:

Determine if listening ports or entire system should be blocked from public access.

Regularly review network device search engines for new systems belonging to EEOC or those that may be masquerading as EEOC systems.

Perform a forensic analysis on identified system to ensure no malicious access has taken place.

For authorized remote sessions, create a control to address remote access being left open after the session has concluded. 

Create an auditability feature that checks internally via an agent when a device with remote access is listening.

Create an auditability feature that checks for remote connection software being installed.

Closed. Testing and validation completed.

EEOC review and remediate the level 4 severity vulnerabilities identified during internal vulnerability scanning to avoid compromises to agency systems.

To remediate vulnerabilities and prevent further exploitation, the agency should implement risk mitigation procedures such as: performing system updates, operating systems with administrative rights, downloading patches, uninstalling unprotected applications, etc.

Where risk acceptance is required for vulnerabilities based on EEOC’s network operations and risk assessments, we recommend that EEOC formally document the risk acceptance along with any associated mitigation activities.

Work in progress. OIT will mitigate these findings using technology enhancements (i.e., patching, scanning) and bolstered validation procedures.  Continuous Diagnostics and Mitigation (CDM) solutions continue being deployed to aid in this effort. OIT will reevaluate implementation of a Governance, Risk and Compliance (GRC) solution to enhance risk management and improve risk visibility, monitoring, as well as documenting risk decisions to include risk acceptance.

EEOC review and remediate the level 5 severity vulnerabilities identified during internal vulnerability scanning to avoid compromises to agency systems.

To remediate vulnerabilities and prevent further exploitation, the agency should implement risk mitigation procedures such as: applying vendor-released security fixes, disabling certain user access rights, upgrading to the latest supported version, and removing vulnerable/obsolete hardware from its network.

These vulnerabilities should be added and tracked on POAMS.

Where risk acceptance is required for vulnerabilities based on EEOC’s network operations and risk assessments, we recommend that EEOC formally document the risk acceptance along with any associated mitigation activities.

Work in progress. OIT will mitigate these findings using technology enhancements (i.e., patching, scanning) and bolstered validation procedures.  Continuous Diagnostics and Mitigation (CDM) solutions continue being deployed to aid in this effort. OIT will reevaluate implementation of a Governance, Risk and Compliance (GRC) solution to enhance risk management and improve risk visibility, monitoring, as well as documenting risk decisions to include risk acceptance.

Audit Report Name: Evaluation of EEOC’s Management of Private Sector Customer Service

Month and Year Report was Issued: OIG Report No. 2021-001-EOIG

Date of Report: October 18, 2022

RecommendationImplementation Status
EEOC should develop a customer service plan to include establishing goals and objectives, developing performance metrics that target the goals, and measuring performance against the goals. This plan must include goals and metrics for the IIG.Work in progress. OCH initiated a workgroup meeting (OEDA, OCLA, OIT, OFP, & OFO) on March 6, 2025, to plan development of core service areas for inclusion in EEOC Customer Service Plan. Next milestone is submission of group “service areas” recommendation for OCH approval on/or about April 1, 2025. Estimated completion date for Customer Service plan is June 30, 2025.
EEOC must manage customer expectations by making customer service standards available to the public.Work in progress. The IIG completed initiation of “approximate wait times” for incoming callers. The recommendation for development of customer service expectations and standards will be included as a “service area” in the agency’s “Customer Service Plan” with an estimated completion date of June 30, 2025.

Audit Report Name: Final Report Transmittal of the OIG Digital Process Transformation and Automation (DPTA) Evaluation

Month and Year Report was Issued: OIG Report No. 2021-002-EOIG

Date of Report: January 20, 2023

RecommendationImplementation Status
Define a clear, consistent, and comprehensive vision of digital transformation at EEOC.Closed. Testing and validation completed.
Consider formulating a Digital Transformation Strategy, either as a strategic goal in the EEOC Strategic Plan for Fiscal Years 2023-2027 or as a standalone document.Work in progress. The EEOC DGB will outline and monitor related plans and initiatives for the EEOC. 
Plan at least three digital pilot projects with appropriate evaluation methods.Closed. Testing and validation completed.
Task OEDA with a goal of building a Data Analytics Plan for EEOC.Work in progress. OEDA will draft an email for workgroup invitation and work with OCH to determine its scope.
Develop an EEOC Organizational Communication Strategy and Plan.Work in progress. In conjunction with the EEOC DGB, OCLA will develop an organizational communication strategy and plan to guide our internal and external messaging and communications with stakeholders. OCLA staff will also be provided training on DPTA.
Develop a Target-State Architecture Plan.Work in progress. The Office of Information Technology (OIT) will develop a current and target-state architecture plan for the overall IT infrastructure. Some of this work is ongoing, but the process will be formalized and monitored through the EEOC DGB.
Inventory and plan the decommissioning of outdated technologies and online content.

Work in progress. The OIT and OCLA will present and review plans for decommissioning outdated technologies and online content with the EEOC DGB. Some of this work is ongoing, but the process will be formalized and monitored through the EEOC DGB. 

•   OCLA, OIT and OEDA have coordinated to format and send new datasets to data.gov to bring EEOC content up to date. New submissions have been sent and are subject to data.gov publishing timelines.

•   Cleanup of EEOC YouTube content has been completed. Content was organized into playlists.

•   Updating content on the Open Government page is in progress (OCLA, OIT, and OEDA). 

Audit Report Name: Evaluation Report:  EEOC Payment Integrity Information Act of 2019 (PIIA) FY 2022

Month and Year Report was Issued: OIG Report No. 2023-001-EOIG

Date of Report: May 22, 2023

RecommendationImplementation Status
EEOC develops agency-wide Improper Payment risk assessment standard operating procedures (SOP). This SOP should include risk assessment procedures to be performed by each identified significant programs. These procedures should be based on OMB A-123 guidance found in Appendix C. For each identified significant program (OCHCO), a responsible program point of contact should be established. The responsible party should report results of their programs risk assessment to the EEOC responsible office (or office).Closed. Testing and validation completed.
Develops a SOP to ensure annual compliance with OMB A-136 PIIA review and reporting requirements.Closed. Testing and validation completed.

Audit Report Name: Audit of the EEOC’s FY 2023, and 2022 Financial Statements

Month and Year Report was Issued: OIG Report No. 2023-001-AOIG  

Date of Report: November 15, 2023    

RecommendationImplementation Status
EEOC adjust the balances for all activity as of September 30, 2023, and vigilantly monitor transactions related to software under development, especially those associated with the TMF. As such, OIT should notify OCFO at least quarterly of all activity related to software under development for proper recording of costs associated with internally developed software.Closed. Testing and validation completed.
EEOC review all State and Local Program undelivered orders at year end and accrue an estimated value of these payments that will be made after year-end. As the State and Local Program is a reimbursement for the current year activity, the expectation is that a significant amount of these transactions will be submitted for reimbursement.  EEOC should perform a historical review of State and Local Program reimbursements against contracts to determine an estimate to apply to all unpaid State and Local Program undelivered orders at each year end. Utilizing this historical ratio against current year outstanding undelivered orders as an accrual amount should help ensure that EEOC capture its costs for the fiscal year.Closed. Testing and validation completed.

Audit Report Name: Federal Information Security Modernization Act of 2014 (FISMA) FY 2023 Performance Audit

Month and Year Report was Issued: OIG Report No. 2023-002-AOIG

Date of Report: November 20, 2023

RecommendationImplementation Status
EEOC communicates and implements an organization-wide SCRM and CSCRM strategy to guide supply chain analyses, provide communication channels with internal/external partners and stakeholders, and assist in building consensus regarding the appropriate resources for SCRM and C-SCRM. We recommend that EEOC offices of the Chief Financial Officer and the Chief Information Officer identify SCRM/C-SCRM as a risk to be included in their respective ERM risk registers until the issue is resolved so that commission management understand that SCRM/C-SCRM is a commission-wide requirement.Work in progress. OCISO is working with ASD to integrate into the acquisition process the assessment of supply chain risk.  This will extend the risk assessments currently conducted for OIT to all Commission acquisitions. Once completed, OSCISO will conduct a Commission-wide assessment of the SCRM program.
EEOC continue its full implementation in accordance with their plan. For the ZTA Identity pillar, to better meet ZT requirements for all agency-provided devices, the EEOC made a strategic decision to move away from the prior PIV-based device-login solution to a new password-less Multi-Factor Authentication (MFA) strategy - providing a strong, non-impersonable authentication process for all agency resource access.

Work in progress. Access to Yubikeys is available for all users. Enforcement of its use in authentication is slated for a later phase of the overall deployment.  Planning will include integrating phishing-resistant MFA into the Ascaler.

 

AAS/Yubikey enforced; non-GFE:  Yubikey is optional; mobile devices; Yubikey not required; MFA is required for privilege escalation in Azure environment, but no on premises.

EEOC plans and prepares to meet the goals of the TIC initiative, consistent with OMB M-19-26. The agency should define and customize, as appropriate, a set of policies, procedures, and processes to implement TIC 3.0, including updating its network and system boundary policies, in accordance with OMB M-19-26. This includes, as appropriate, incorporation of TIC security capabilities catalog, TIC use cases, and TIC overlays.Completed. Implemented Zscaler Private Access and Zscaler Internet Access solutions integrated with ProtectiveDNS.  Closure pending testing and validation by the auditor.
EEOC should develop an executable plan to meet the requirements of OMB M-21-31 and ensure the plan is properly supported.Work in progress. Budgetary, human capital, and network resource limitation exist.

EEOC’s information security team should, in conjunction with other EEOC offices: a. Identify and document all applicable policies and procedures to cybersecurity and information security; b. Develop and use an accessible repository, such as SharePoint, for all identified documents, regardless of what office they reside in; c. Design a risk-based approach to review and update all identified documents in the repository, including who is responsible for reviewing and updating each document. d. Document the review/update in each document as well as the responsible party within the information security team who ensures that each document has been updated per the documented procedure for review. e. Designate a responsible official within the OIT to review and update the process as necessary on annual basis.

 

Work in progress. System Security Plans (SSP): Proposed ARC SSP – Dated 12/1/2022, document indicates “Development/Preliminary Version.  * EEOC DataNet General Support System (EEOC DN/GSS) – Dated 5/19/2022, unsigned by System Owner and CISO, provided as Final Draft Policy and Procedures:  *Information Security Continuous Monitoring (ISCM) policy and information security program provided were dated 2017 and 2022, the latter was not documented as approved. * EEOC provide Bring Your Own Device (BYOD) policy dated July 17, 2015. * EEOC provided an entire suite of Risk Management Framework documents, none were signed. * EEOC provided a configure management policy dated from 2016. An additional artifact was provided dated 2022 that included updates as of 2021, however it was not in final version nor approved.
EEOC: · Review all devices and systems and ensure default credentials are not in use. · Implement the use of complex credentials for all systems. · Review system for potential malicious access. · If it is not possible to change passwords to something complex, consider isolating the device on a separate network segment and implementing ACLs that limit what devices and who may attach to the system. · Determine if the application should be publicly available. If not, implement NSG rules within Microsoft Azure or ACLs within firewalls to limit or block all external applications to the site. · Ensure it has a policy in place that addresses NIST 800-53, Rev 5, IA-5(5). · Ensure procedures are written in such a way to accomplish what is written in the policy. · Ensure it has people in assigned a role to follow and evaluate default credentials. · Consider how new or existing technologies it has can assist in these efforts.Closed. Testing and validation completed.
EEOC: · Update to a recent BIRT viewer component, well past version 4.12. · Determine if the application should be publicly available. If not, implement NSG rules within Microsoft Azure or ACLs within firewalls to limit or block all external application to the site. · Remove default and un-needed. rptdesign files that allow for passing a parameter with attacker-controlled input. · Ensure BIRT viewer component is proxied through an authenticated connection and not via direct calls to the NXG servers. Implement the use of complex credentials for all systems. · Ensure it has a policy in place to address NIST 800-53, Rev 5, SI-2. · Ensure procedures are written in such a way to accomplish what is written in the policy. · Ensure it has people in assigned a role to remediate flaws in accordance with its policy and risk tolerance. · Consider how new or existing technologies it has can assist in these efforts.Completed. Updated to a recent BIRT viewer component beyond version 4.12. Birtweb 4.13 completed. Publica accessibility removed. Closure pending testing and validation

EEOC: · Review all devices and systems and ensure default credentials are not in use. · Implement the use of complex credentials for all systems. · It is not possible to change this password to something complex. Consider isolating the device on a separate network segment and implementing ACLs that limit what devices and who may attach to the system. · Determine if the management page should be publicly available. If not, implement ACLs within firewalls to limit or block all external application to the site.

· Ensure it has a policy in place to address NIST 800-53, Rev 5, SI-2. · Ensure procedures are written in such a way to accomplish what is written in the policy. · Ensure it has people in assigned a role to remediate flaws in accordance with its policy and risk tolerance. · Consider how new or existing technologies it has can assist in these efforts.

Closed. Testing and validation completed. 
EEOC: · Patch to the most recent version of firmware and confirm that this information is not disclosed from the administrative page source code. · Determine if the management page should be publicly available. If not, implement ACLs within firewalls to limit or block all external application to the site. · Ensure it has a policy in place to address NIST 800-53, Rev 5, SI-2. · Ensure procedures are written in such a way to accomplish what is written in the policy. · Ensure it has people in assigned a role to remediate flaws in accordance with its policy and risk tolerance. · Consider how new or existing technologies it has can assist in these efforts.Closed. Testing and validation completed.
EEOC: · Review source code and source code repositories for code containing internal IP addresses and URLs. · Remove inappropriately stored information from source code.Closed. Testing and validation completed.
EEOC: · Limit access from specific IP addresses to the Amazon AWS EKS API. · Configure AWS Control Tower’s data residency controls to alert on publicly accessible Amazon EKS endpoints. · If AWS Control Tower is not in use, create an AWS Config rule to detect whether an Amazon EKS endpoint is blocked from public access.Closed. Testing and validation completed.
EEOC ensures that every sensitive form transmits content over HTTPS. · Ensure it has a policy in place that addresses and enforces protects the confidentiality and/or the integrity of transmitted information. · Ensure procedures are written in such a way to accomplish what is written in the policy, to include compensating controls. · Ensure it has people in assigned a role to enforce the policy and procedures in place to protect the confidentiality and/or the integrity of transmitted information. · Consider how new or existing technologies it has can assist in these efforts.Closed. Testing and validation completed.
Ensure it has a policy in place to address NIST 800-53, Rev 5, SI-2, Flaw Remediation. ·Work in progress. Vulnerability management policy and procedures exist. Compliance is currently under refinement. OIT is researching the viability of one or more patch management systems. Pending Software Manager and deployment of ManagerEngine. Q2 2024

Audit Report Name: Final Report Transmittal for Customer Service Portals Evaluation

Month and Year Report was Issued: OIG Report No. 2022-001-EOIG

Date of Report: September 12, 2023

RecommendationImplementation Status
Institute a governance framework for managing the Agency’s portals.Completed. M-23-22 governance was distributed to technicians and program sponsors as our development methodology and standard requirements – for use with portal modernization efforts.  Requirements outlined in M-23-22 were additionally discussed with the DBG during their 4/22/24 session, while discussing DPTA and related portal modernization activities (as part of the DPTA Corrective Action Plan, last item/bullet). Closure pending testing and validation.
Include requirements to use the U.S. Web Design System in the Agency’s Project Plan for designing, developing, and implementing the next generation of portals.Completed. USWDS guidelines were followed in the development of the EEOC E-File for Attorneys portal, released 12/13/23. Closure pending testing and validation.
Implement mechanisms to ensure that the design and management of the portals are responsive to customer needs.Completed. EEOC has implemented GSA’s government-wide Digital Analytics Program (DAP) to better understand user behavior for the purpose of improving our public-facing websites and digital services. We also implement shared mailboxes for agency portals, which are monitored by OIT and program sponsors, to collect feedback and provide customer support. Closure pending testing and validation.
Ensure that the design and function of all portals accurately reflect EEOC’s business rules and applicable laws.Completed. These guidelines were followed in the development of the EEOC-File for Attorneys portal, released 12/13/23. Closure pending testing and validation.
Make targeted improvements to address accessibility issues on the existing portals.Partially Completed. 508 testing has been more fully integrated into our software development lifecycle and JIRA ticketing process (Completed). EEOC completed a new accessibility review of our public portal in January 2024 (Completed) and has been working with the vendor on remediation (IN-Progress). E-File for Attorneys is fully 508 compliant (Completed). EEOC will be piloting a new 508-compliant scheduling tool in 4Q 2024 to address current 508 and mobile responsive limitation in the legacy tool (In Progress).
Take specific actions to improve users’ ability to collaborate and communicate through the portals.Completed. The two specific actions outlined with the recommendation have been completed. Closure pending testing and validation.

Audit Report Name: Final Report:  Independent Evaluation of EEOC’s Compliance with the Payment Integrity Information Act of 2019 (PIIA) for FY 2023

Month and Year Report was Issued: OIG Report No. 2024-001-EOIG  

Date of Report: May 29, 2024

RecommendationImplementation Status
EEOC implement an agency-wide Improper Payment risk assessment standard operating procedures (SOP). This SOP should include risk assessment procedures to be performed by each identified significant programs. These procedures should be based on OMB A-123 guidance found in Appendix C. For each identified significant program (OCHCO), a responsible program point of contact should be established. The responsible party should report results of their programs risk assessment to the EEOC responsible office (or office).Closed. Testing and validation completed.
EEOC implement a SOP to ensure annual compliance with OMB A-136 PIIA review and reporting requirements.Closed. Testing and validation completed.

Audit Report Name: Final Report:  Transmittal for Evaluation of the FEPA Program

Month and Year Report was Issued: (OIG No. 2023-003-EOIG)

Date of Report: August 19, 2024

RecommendationImplementation Status
Review and update processes and procedures for communicating and working with FEPAs that inquire about certification. This includes the processes and procedures for new certification inquiries from non-certified FEPAs, as well as inquiries from certified FEPAs concerning problems with their certification.

Work in progress.  10/29/24—trained field staff.

 

11/13/24 + 2/12/25—trained FEPAs.

 

Handbook updates—in process/on target ---ready and waiting for OCH approved language regarding executive orders before final update and dissemination.

 

Review and update processes, procedures, and tools for reevaluating certified FEPAs.  Specify and/or clarify: (a) the timeline for reevaluation, (b) required tool(s) and/or mechanism(s) for reevaluation, (c) HQ, State, Local, and Tribal (SLTP) roles and responsibilities for conducting or contributing to the process of reevaluation, and (d) the purpose of technical assistance reviews (TARs) and how they formally relate (or not) to the process of reevaluation.

Work in progress. 9/20/24-Provided suggested CFR updates to OLC; OLC intended to include in next proposed regulatory agenda in April/May 2025. However, without a quorum, OLC doesn’t have an agenda as of March 31st.

 

10/29/24—trained Coordinators/DDs

11/12/24 + 2/12/25—trained FEPAs

 

Handbook updates—in process/on target for 4/1st. Ready/Waiting for OCH approved language on executive orders prior to finalization and dissemination.

Clearly describe and label FEPA Program performance goals and metrics in the SLTP Handbook.

Work in progress. 10/29/24—trained Coordinators/DDs.

 

11/13/24 + 2/12/25-trained FEPAs

 

Handbook updates—in process/on target.  Ready/Waiting for OCH approved language on executive orders prior to finalization and dissemination.

Provide standardized onboarding and refresher training to SLTP Coordinators/Managers (C/Ms) to ensure more consistent practices across District Offices. Include training on practices to utilize performance goals and metrics for oversight and management of FEPA case quality.

Closed May 12, 2025

May 2025—final SLTP Coordinator/Manager Manual disseminated to all SLTP field staff. Includes all referenced topics and general procedural information.

 

Recommendation will be reported closed in the September 30 Semiannual Report for Audits.

 

Work with the OIT to generate more useful reports from the Agency Records Center (ARC) that are needed to monitor performance.Work in progress. As of March 31st, OCIO has provided an updated/more accurate PowerBi report to assist SLTP HQ and field offices in monitoring performance.
Reinforce Substantial Weight Review (SWR) as the primary tool and method for case quality oversight by: (a) documenting in the SLTP Handbook how SWR is utilized to ensure case quality, and (b) training both SLTP and FEPA staff on SWR processes and criteria to ultimately improve case quality.

Work in progress. 9/19/24—trained field staff (including DDs); provided slide deck and handouts.

 

11/13/24 + 2/12/25- trained FEPAs.

 

Handbook updates in progress/on target.  Ready/Waiting for OCH approved language on executive orders prior to finalization and dissemination.

 

Working with OCIO to securely house recorded trainings for external partner use on demand.

Improve the feedback loop for TARs to include written documentation of findings that are shared with FEPAs, EEOC District Directors, and SLTP C/Ms for continuous quality improvement and learning.

Work in progress. 10/29/24-trained field staff (including DDs). June 2024 (and continuing)-added sending final emails to DDs and FEPA Director, with summary of findings and recommendations after verbal exit interviews with them.

 

Improve SLTP’s current mixed-modality training for the FEPA Program to address training needs for both EEOC and FEPA staff. Include an “on demand” digital training video library that provides FEPAs with open access to foundational training content.Recorded all Interactive Series trainings for FEPAs. Working with OCIO to create on-demand access for FEPAs.

Audit Report Name: GAO: Gender Pay Differences: The Pay Gap for Federal Workers Has Continued to Narrow, but Better-Quality Data on Promotions Are Needed

Month and Year Report was Issued: GAO-21-67

Date of Report: December 3, 2020

RecommendationImplementation Status
EEOC Chair should take steps to assess the quality of the promotion data in the MD-715 report and address data discrepancies with agencies in a timelier manner.Closed – Implemented. During fiscal year 2021, the EEOC initiated a Lean Six Sigma project to analyze the MD-715 submission process and identify process improvements. Also, during fiscal year 2021, the EEOC reviewed the MD-715 data submitted by 13 agencies and provided them with feedback to improve the quality of their data submissions. In addition, the EEOC developed a report that is automatically generated after agencies submit their MD-715 reports electronically.

Audit Report Name: GAO: Freedom of Information Act: Agencies Are Implementing Requirements but Additional Actions Are Needed

Month and Year Report was Issued: GAO-18-365

Date of Report: June 25, 2018

RecommendationImplementation Status
The Chair of EEOC should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests.Closed – Implemented. The EEOC’s Chief FOIA Office Report developed a FOIA backlog reduction plan. The plan included best practices from the Presidential Order 13392 for developing a FOIA backlog reduction plan. Specifically, the EEOC’s plan identified updated processes for processing requests, staffing for better utilization of technology, and increased training. By developing a FOIA reduction plan, the EEOC is continuing to ensure that reducing backlogs to a manageable level is a priority for the agency.
EEOC Chair should designate a chief FOIA officer at the assistant secretary level or equivalent.Closed – Implemented. The EEOC appointed its Legal Counsel as the Chief FOIA officer. The EEOC’s Legal Counsel is comparable to a senior level position at the Assistant Secretary level and has direct access to the Chair of EEOC. By appointing the Chief FOIA officer at the appropriate level, the EEOC helps to ensure transparency and accountability in government operations.

Audit Report Name: GAO: Workforce Diversity: Hispanic Workers Are Underrepresented in the Media, and More Data Are Needed for Federal Enforcement Efforts

Month and Year Report was Issued: GAO-22-104669

Date of Report: October 5, 2022

RecommendationImplementation Status
The Chair of EEOC should work with FCC to develop a new memorandum of understanding that includes a plan for EEOC to routinely share data with FCC regarding discrimination charges filed against broadcasters and cable and satellite television operators.Work in Progress. The EEOC has begun the process of reformulating its prior agreement with FCC and will work in collaboration with FCC to review the MOU and explore possible improvements in EEO enforcement.
The Chair of EEOC should improve EEOC’s approach to routinely identify local unions required to file an EEO-3 report to help ensure that they file such reports on the demographics of union members.Work in Progress. The EEOC is actively taking additional steps to explore approaches that would allow the agency to better determine whether all eligible local referral unions are complying with reporting requirements designed to collect demographic data on union membership and referrals.

Audit Report Name: GAO: Equal Employment Opportunity Commission: Oversight of the Length of the Charge Intake Process is Needed

Month and Year Report was Issued: GAO-23-106245

Date of Report: October 31, 2022

RecommendationImplementation Status
The Chair of the EEOC should monitor field office-level data on the length of the intake process. For example, EEOC could monitor these data by including them in the monthly internal management reports it produces.Closed - Implemented. The EEOC developed enhancements to the agency’s charge management system to track the time between a potential charging party’s initial inquiry and the date of the intake interview and implemented a daily management report that tracks the average length of the intake process for each field office – covering the number of days between the initial inquiry date and the intake interview date.

Audit Report Name: GAO: Information Management: Agencies Need to Streamline Electronic Services

Month and Year Report was Issued: GAO-23-105562

Date of Report: December 20, 2022

RecommendationImplementation Status
The Chair of the Equal Employment Opportunity Commission should establish a reasonable time frame for accepting remote identity proofing with authentication, digitally accepting access and consent forms from individuals who were properly identity proofed and authenticated and posting access and consent forms on the agency's privacy program website.Work in Progress. The EEOC has finalized plans to use the agency’s FOIA portal vendor to route Privacy Act requesters through Login.gov to accept online access and consent forms from individuals who have been identity proofed and authenticated. In addition, this initiative is in the acquisition phase with planned delivery during the second quarter of FY 2025.

Audit Report Name: GAO: Higher Education: Employment Discrimination Case Referrals between Education and the Equal Employment Opportunity Commission Could Be Improved *NEW REPORT*
Month and Year Report was Issued: GAO-24-105516
Date of Report: April 9, 2024

RecommendationImplementation Status
EEOC should develop and finalize a protocol to ensure that its field offices receive and process all complaint referrals from Education. The protocol could include consistently documenting the referrals in its new data system; communicating regularly with Education on the number of complaint referrals Education sends to EEOC and the number EEOC receives from Education; and reconciling any differences in the number of complaints sent and received.Work in Progress. The EEOC established an open line of communication with Education’s Office for Civil Rights (OCR) to ensure EEOC field offices receive and process all complaint referrals from OCR. The EEOC is working to develop enhanced OCR referral tracking capabilities and a permanent coordination protocol with OCR.

Audit Report Name: GAO: Equal Employment Opportunity Commission: Improved Oversight Processes Needed to Help Agencies Address Program Deficiencies *NEW REPORT*

Month and Year Report was Issued: GAO-24-105874

Date of Report: June 13, 2024

RecommendationImplementation Status
The Chair of the EEOC should ensure that the Office of Federal Operations improves or automates existing tracking processes for monitoring agencies’ timely completion of Management Directive 715 reports.Work in progress. The EEOC conducted ongoing monitoring of agency MD-715 submission status in the most recent certification period opened and developed visual tools and dashboards that display the certification status of all agencies. The EEOC also began issuing notices and meeting with agencies that had not certified their reports 30-days before the deadline. The EEOC is exploring the feasibility of further tracking mechanisms to support timely MD-715 certification.
The Chair of the EEOC should ensure that the Office of Federal Operations enhances its ability to compile and analyze information gathered from its Technical Assistance reviews. For example, EEOC could automate existing features to analyze deficiencies contained in agency Management Directive 715 reports to help it identify EEO trends.Work in progress. The EEOC is actively working to improve tracking of deficiencies government wide. The EEOC has developed tools for tracking priority deficiencies government-wide, including the ability to search MD-715, compliance indicators. In fiscal year 2024, EEOC also developed a tool to track agency reported deficiencies using data from fiscal year 2022.
The Chair of the EEOC should ensure that the Office of Federal Operations requires staff to record the information obtained through Technical Assistance reviews, including all deficiencies, using the same tracking tool consistently.Work in progress. In fiscal year 2024, EEOC staff were directed to use the same notice letter deficiency tracker system in preparing for technical assistance visits beginning fiscal year 2024. The EEOC’s OFO leadership conducted a training at the beginning of fiscal year 2024 and again in preparation for fiscal year 2025 to ensure consistency in use.
The Chair of the EEOC should ensure that the Office of Federal Operations develops and implements criteria and guidelines for invoking its public notification procedures related to agency noncompliance as stated in Management Directive 110.Work in progress. The EEOC is working to develop and implement standards for invoking public notification procedures for agency noncompliance.

[1] Any revisions or rescinding of the current plan would require a majority vote of a quorum of the Commission. The Commission currently lacks a quorum.

[2] This is the total aggregate request for the OIG. Includes estimated FY 2026 compensation and benefits totaling $2,382,807.

2 The Inspector General certifies that this amount would satisfy all OIG training requirements for FY 2026.

[4] 0.0044 percent of $3,294,073 or $14,606 will support the CIGIE.

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