U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Transcription

1 EEOC FORM PART A - D U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT For period covering October 1, 2007 to September 30, PART A Department or Agency Identifying Information 1. Agency 1. Department of Defense 1.a. 2 nd level reporting component 1.b. 3 rd level reporting component Department of the Navy 1.c. 4 th level reporting component 2. Address 2. Room 4E789, The Pentagon 3. City, State, Zip Code 3. Washington, DC CPDF Code 5. FIPS code(s) 4. NV PART B Total Employment 1. Enter total number of permanent full-time and part-time employees , Enter total number of temporary employees 2. 6, Enter total number employees paid from non-appropriated funds 3. 42, TOTAL EMPLOYMENT [add lines B 1 through 3] ,391 PART C Agency Official(s) Responsible For Oversight of EEO Program(s) 1. Head of Agency Official Title 2. Agency Head Designee Principal EEO Director/Official Official Title/series/grade 1. BJ Penn, Secretary of the Navy, Acting 3. Harvey C. Barnum, Jr., Assistant Secretary of Navy (Manpower and Reserve Affairs), Acting 4. Title VII Affirmative EEO Program Official 5. Section 501 Affirmative Action Program Official 6. Complaint Processing Program Manager 7. Other Responsible EEO Staff 4. Judith Scott, Program Director, Office of EEO and Diversity Management 5. Sonya Long, Special Emphasis Program Manager 6. Jamie Kajouras, Deputy Program Director, Office of EEO and Diversity Management Arlene Black, EEO Program Management Edward Castellon, Complaints Management Judy Caniban, Complaints Management Andrew Peck, Complaints Management

2 Camellia Curtis, Lead, Final Agency Decision Team The Office of Civilian Human Resources Division Directors, Program Managers, and operating Service Center Directors are expected to address and incorporate EEO principles in the execution of their program responsibilities. EEOC FORM PART A - D PART D List of Subordinate Components Covered in This Report U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Subordinate Component and Location (City/State) CPDF and FIPS codes Naval Financial Office (NFO), Washington, DC NV Chief of Naval Operations (CNO), Washington, DC NV Assistant for Administration Office of the Under Secretary of the Navy (AA/USN), Washington, DC NV Office of Naval Research (ONR), Washington, DC NV Office of Naval Intelligence Command (ONI), Suitland, MD NV Bureau of Medicine (BUMED), Bethesda, MD NV Naval Air Systems Command (NAVAIR), Patuxent River, MD NV Bureau of Personnel (BUPERS), Millington, TN NV Naval Supply Systems Command (NAVSUP), Mechanicsburg, PA Naval Sea Systems Command (NAVSEA), Washington, DC Naval Facilities Engineering Command (NAVFAC), Washington, DC United States Marine Corps (MARCORPS), Quantico, VA Strategic Systems Programs Office (SPO), Washington, DC Commander, Space and Naval Warfare Systems (SPAWAR), San Diego, CA NV NV NV NV NV NV

3 Naval Systems Management Activity (NSMA), Washington, DC Commander, Navy Installations Command (CNIC), Washington, DC Commander, U. S. Fleet Forces Command (FLTFRCS), Norfolk, VA Commander, Naval Forces Europe (NAVEUR), Washington, DC Commander, U. S. Pacific Fleet (PACFLT), San Diego, CA Commander Navy Reserve Force (NAVRES), Millington, TN Naval Special Warfare Systems (SPECWARS), Washington, DC Naval Education and Training Command (NETC), Pensacola, FL NV NV NV NV NV NV NV NV EEOC FORMS and Documents Included With This Report *Executive Summary [FORM PART E], that includes: Brief paragraph describing the agency's mission and mission-related functions Summary of results of agency's annual selfassessment against MD-715 "Essential Elements" Summary of Analysis of Work Force Profiles including net change analysis and comparison to RCLF Summary of EEO Plan objectives planned to eliminate identified barriers or correct program deficiencies Summary of EEO Plan action items implemented or accomplished *Statement of Establishment of Continuing Equal Employment Opportunity Programs [FORM PART F] *Copies of relevant EEO Policy Statement(s) and/or excerpts from revisions made to EEO Policy Statements *Optional Annual Self-Assessment Checklist Against Essential Elements [FORM PART G] *EEO Plan To Attain the Essential Elements of a Model EEO Program [FORM PART H] for each programmatic essential element requiring improvement *EEO Plan To Eliminate Identified Barrier [FORM PART I] for each identified barrier *Special Program Plan for the Recruitment, Hiring, and Advancement of Individuals With Targeted Disabilities for agencies with 1,000 or more employees [FORM PART J] *Copy of Workforce Data Tables as necessary to support Executive Summary and/or EEO Plans *Copy of data from 462 Report as necessary to support action items related to Complaint Processing Program deficiencies, ADR effectiveness, or other compliance issues *Copy of Facility Accessability Survey results as necessary to support EEO Action Plan for building renovation projects *Organizational Chart

4 EEOC FORM PART E U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Department of the Navy For period covering October 1, 2007 to September EECUTIVE SUMMARY The Mission of the Department of the Navy The mission of the Department of the Navy (DON) is to maintain, train and equip combatready Naval forces capable of winning wars, deterring aggression and maintaining freedom of the seas. The DON has three principal components: the Navy Secretariat, consisting of executive offices mostly in Washington, D.C.; the Navy Fleet and Marine Corps operating forces and their reserve components, and, when directed by the President, the U.S. Coast Guard (a component of the Department of Homeland Security); and the shore establishment. EEO Program Overview The annual assessment of the DON EEO Program was conducted at the end of the reporting period at all levels of the organization. Major commands submitted the results of their commandwide assessments which included input from subordinate activities with 500 or more employees. A DON review of the command assessments was accomplished and feedback will be provided to each command. Feedback provided on previous fiscal year report submissions has resulted in a noticeable improvement in the quality of major commands assessment reports. In addition, onsite validation visits are conducted at select commands each reporting period to validate their responses to the EEOC Agency Self-Assessment Checklist and to conduct an assessment of the command s EEO Program. This has resulted in much more top-down focus and energy at the commands and a positive change in actions as well as outcomes. DON EEO Program strengths and weaknesses are described below. Demonstrated Commitment from Agency Leadership o Strength: DON senior leadership is briefed regularly on EEO Program status as well as issues impacting equality of opportunity. The Secretary of the Navy monitors progress on the employment of people with disabilities during his monthly review. The Force Management Oversight Council receives bi-annual briefs, while the Council s Deputies Program Roundtable gets monthly updates as well as the biannual briefs. o Strength: The updated DON Procedures for Processing Reasonable Accommodations were issued and once again made available to all employees via the DON Human Resources (HR) website. o Weakness: Command responses indicate that training on reasonable accommodation is not provided consistently within the DON. Integration of EEO into the Agency s Strategic Mission o Strength: In its ongoing efforts to implement the new DoD National Security Personnel System, the DON continued to provide much assistance to managers, supervisors and employees to ensure a fair, equitable and transparent transition to the new performance system. This included: development of a DON compensation

5 model with required training for managers and supervisors and regular weekly meetings with Pay Pool administrators. o Strength: A training course entitled EEO for HR Professionals was developed and piloted. This course was well received by participants and after some minor tweaks will be available on a regular schedule to all DON HR professionals beginning in FY o Strength: DON continues to build and reinforce collaborative relationships within the HR community. The first joint HR/EEO Conference was held on March This conference was a great success and this collaborative venture is now an annual event. o Weakness: The inconsistent application of roles and responsibilities within the HR/EEO community has negatively impacted the effectiveness of the DON EEO program. o Weakness: Additional training/guidance for EEO practitioners/supervisors/managers at the command and activity levels on EEO program requirements and roles/responsibilities is needed. Management and Program Accountability o Strength: As part of DON s continuing effort to bring more structure and accountability to the EEO Program, the head of each command was required to issue a memorandum announcing the start of the command's FY 2008 EEO program assessment and to identify roles and responsibilities for its accomplishment and the resultant status report. o Strength: Feedback and recommendations for improvement, if applicable, was provided to each command on their annual assessment efforts. o Weakness: Regular EEO updates are not provided consistently at the command/activity levels. o Weakness: Barrier analysis efforts at the command/activity levels need improvement. Proactive Prevention o Weakness: Supervisors/managers are not consistently involved with barrier analysis efforts at the command/activity levels. Efficiency o Strength: Due to the increased oversight of the pre-complaint process at the DON level, 76% of the EEO counselings were timely, an improvement of 13% when compared to the previous reporting period. o Strength: In addition to the documentary review of annual reports, DON conducted on-site visits to validate EEO programs efforts for some commands. o Weakness: Current data systems do not meet all requirements and all necessary tracking/monitoring systems have not been implemented. Responsiveness and Legal Compliance o Strength: Implemented an e-notification process to advise servicing EEO offices of appeal and compliance actions resulting in more timely submissions to EEOC OFO. DON Work Force Profile At the end of the previous reporting period, DON reported a total civilian workforce of 188,720 that included permanent and temporary appropriated fund employees and a portion of the non-appropriated fund employees from the Navy Exchange Command (NECOM) only. Due to

6 improved reporting capabilities, at the end of FY 2008, the total DON civilian workforce of 224,391 includes permanent and temporary appropriated fund employees and all the nonappropriated employees, to include those at NECOM, U.S. Marine Corps (USMC) and Commander Naval Installations Command (CNIC). The FY 2008 Workforce Data Table A1 includes amended FY 2007 workforce data that accounts for the inclusion of all the nonappropriated fund (NAF) employees. As a result, the FY 2007 total civilian workforce has been changed to reflect the more accurate total of 214,774, vice 188,720 as previously reported. The FY 2008 DON total civilian workforce of 224,391 represents a net change of 4.48% when compared to FY In FY 2008, there was a significant net increase of Hispanic males and females, 10.43% and 8.72% respectively. Likewise, there was a net change of 4.35% for White females and 12.28% for American Indian/Alaskan Native females. Although these groups experienced increases in their participation rates in the DON workforce, they continue to participate at a low level when compared to their representation in the National Civilian Labor Force (NCLF). In comparison, the Asian population had a net change of -0.62% for Asian males and % for Asian females in FY Notwithstanding these decreases, the Asian male and female participation rates remain high when compared to the NCLF. Although Asian males and females enjoy a high participation rate in the DON overall workforce, in its December 22, 2008 letter to Secretary of the Navy, the Equal Employment Opportunity Commission provided a copy of the Asian American and Pacific Islander Work Group s findings that there appear to be barriers to full participation of Asian Americans and Pacific Islanders in the DON high grades and SES levels. A FY 2009 Part I, EEO Plan, was developed to address this issue. Individuals with targeted disabilities (IWTD) experienced a net change of -19.5%. at the end of FY Although the DON hired a larger number of IWTD in FY 2008 in comparison to FY 2007, IWTD continue to separate at a higher rate when compared to accessions. Commands will be tasked with the establishment of a Special Program and plan for the recruitment, hiring and advancement of IWTD in FY 2009, for execution in 2010 and maintained in the out years. Part J, Special Program Plan for the Recruitment, Hiring, and Advancement of Individuals with Targeted Disabilities, reports the DON accomplishments for FY 2008 and strategies and activities for FY 2009 in more detail. NOTE: The analysis of the IWTD workforce does not include NAF employees. Appropriated fund and NAF workforce information is maintained in two separate data systems. Although we were successful in obtaining NAF data to include Ethnicity and Race Information, we are still working to get accurate disability information for this segment of the DON workforce. Results of the FY 2008 Assessment This year s assessment indicates that DON continues to make progress toward meeting the Congressionally mandated goal of making the federal government a model workplace that is free of discrimination. DON s objective is to maintain and build on progress made to date while concurrently working to eliminate the remaining identified program deficiencies. However, as noted in the previous reporting period, there are issues that continue to date with the placement of most of the EEO program service providers in a consolidated, regional environment under the direction of one command. The command s financial and staffing issues are negatively impacting the effectiveness of program support provided to managers and supervisors in almost 78% of the department. This circumstance has hindered our ability to fully establish a model EEO program

7 and continues to be a focus of senior leadership for resolution. Ongoing validation visits to Major Commands by the DON EEO Program Director and Deputy Director continue to have the desired results in obtaining commitment from senior leadership and increasing the accountability for all stakeholders in achieving a model EEO program. To raise DON s metric for success yet another notch, at the beginning of the current reporting period, the head of each command was required to issue a memorandum announcing the start of the command's FY 2008 annual EEO program assessment and to identify roles and responsibilities for its accomplishment and the resultant status report. An analysis that compared the number of accessions for Individuals with Targeted Disabilities (IWTD) to their separation rate identified a continuing trend of a higher rate of separations for the last three fiscal years. The result is a net loss of IWTD each year and a progressively lower participation rate for IWTD from FY 2006 to the end of FY This trigger for a potential barrier is the single most consistent, significant issue across the entire DON organization. Planned actions to address this matter are described in the FY 2009 Plan of Action section. Results of a trend analyses for Hispanic males and females indicate a slight increase in their participation rates, both numerically and percentage wise, in the overall work force. Although the results of a trend analyses for White females indicate that they also realized a numerical increase in their overall participation rate, there was a slight dip in their percentage rate from FY 2007 to FY DON will continue to monitor these groups and ensure that in-depth barrier analysis at the appropriate levels of the organization is accomplished even though no specific planned activities for these groups were identified for execution in FY FY 2009 Plan of Action FY 2009 Plans of Actions were developed following: A review of commands self-assessment submissions The accomplishment of an Agency Self-Assessment A review of progress to date on FY 2008 Plans of Action The accomplishment of an analysis of the DON work force at the end of FY 2008 Consideration of EEOC s comments related to the Asian American Pacific Islander Work Group s recommendations on a possible glass ceiling for high grade positions EEO Plan to Attain the Essential Elements of a Model EEO Program Planned activities to address the alignment of the DON EEO Program at all levels include: o Increased accountability through validation visits and scorecards; o Providing on-going EEO program training, guidance and communication to EEO practitioners and managers/supervisors; o Improving barrier analysis efforts at the command/activity levels and to ensure the involvement of supervisors/managers; o Enhancing current data systems and to develop necessary tracking/monitoring systems; and o Continuing to provide oversight and guidance for the processing of pre-complaints and formal complaints. Planned activities to address the issues resulting from the inconsistent application of roles

8 and responsibilities within the HR/EEO community include: o Continuing to raise this matter to the appropriate levels to influence a positive outcome. o Clarifying roles and responsibilities for HR/EEO service providers. o Requiring impacted commands to develop alternative courses of action for implementing efforts to establish and maintain a model EEO program. EEO Plans to Eliminate Identified Barrier Planned activities to address the continuing trend of a progressively lower overall participation rate for IWTD include: o Recruiting and filling a DON level PWD Program Manager position to manage this critical program; o Updating the DON version of PART J and requiring all commands to establish a Special Program and Plan for IWTD using this PART, with a specific emphasis on barrier analysis efforts; o Implementing an automated DON-wide tracking and monitoring system for reasonable accommodation requests; o Implementing a DON FEORP Program and Plan that includes recruitment strategies to ensure the diversity of applicant pools to include IWTD; o Sharing the results of IWTD pilot programs. o Marketing the EEOC s goal of a 2% participation rate of IWTD by 2010 as the DON Goal. Planned activities to address the trigger for a potential barrier of a glass ceiling for Asian/Pacific Islanders at the YA-3 (and equivalent) and higher level positions include: o Tasking commands to conduct a more in-depth barrier analysis into this issue, report their findings to DON and to develop EEO Plans, as needed, for execution in FY o Include information on this planned activity in regular EEO updates to senior leadership and supervisors/managers. These EEO Plans implement our objective to incrementally raise the benchmark for assessing the success of the overall DON EEO Program each ensuing year. We further anticipate that the implementation of long-awaited corporate automated tools will assist EEO practitioners in executing their role and responsibilities in a more efficient manner. Finally, to emphasize the critical role of supervisors and managers to foster an inclusive work environment that provides equality of opportunity to all employees, commands will be required to report on their efforts to provide them information on EEO initiatives, to involve them in barrier analysis efforts and reporting outcomes.

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10 EEOC FORM PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Essential Element A: DEMONSTRATED COMMITMENT FROM AGENCY LEADERSHIP Requires the agency head to issue written policy statements ensuring a workplace free of discriminatory harassment and a commitment to equal employment opportunity. Compliance Indicator Measures EEO policy statements are up-to-date. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report The Agency Head was installed on January The EEO policy statement was issued on August 27, Was the EEO policy Statement issued within 6-9 months of the installation of the Agency Head? If no, provide an explanation. During the current Agency Head's tenure, has the EEO policy Statement been reissued annually? If no, provide an explanation. The Secretary of the Navy (SECNAV) is responsible for the Total Naval Force which includes active duty military, civilians and contractors. Due to this unique organizational construct, the SECNAV issued a Diversity Statement that addressed the EEO/EO requirements for the agency s Total Force. With the recent change of the administration, a new Secretary of the Navy is expected to be appointed in the next few months. The DON EEO Policy statement will be drafted and issued as required. Are new employees provided a copy of the EEO policy statement during orientation? When an employee is promoted into the supervisory ranks, is s/he provided a copy of the EEO policy statement? Compliance Indicator Measures Measure has been met EEO policy statements have been communicated to all employees. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Have the heads of subordinate reporting components communicated support of all agency EEO policies through the ranks? Has the agency made written materials available to all employees and applicants, informing them of the variety of EEO programs and administrative and judicial remedial procedures available to them?

11 Has the agency prominently posted such written materials in all personnel offices, EEO offices, and on the agency's internal website? [see 29 CFR (b)(5)] Major commands indicate compliance with this measure. DON will continue to conduct validation visits to substantiate command responses for this PART. Compliance Indicator Measures Measure has been met Agency EEO policy is vigorously enforced by agency management. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Are managers and supervisors evaluated on their commitment to agency EEO policies and principles, including their efforts to: resolve problems/disagreements and other conflicts in their respective work environments as they arise? address concerns, whether perceived or real, raised by employees and following-up with appropriate action to correct or eliminate tension in the workplace? support the agency's EEO program through allocation of mission personnel to participate in community out-reach and recruitment programs with private employers, public schools and universities? ensure full cooperation of employees under his/her supervision with EEO office officials such as EEO Counselors, EEO Investigators, etc.? ensure a workplace that is free from all forms of discrimination, harassment and retaliation? ensure that subordinate supervisors have effective managerial, communication and interpersonal skills in order to supervise most effectively in a workplace with diverse employees and avoid disputes arising from ineffective communications? ensure the provision of requested religious accommodations when such accommodations do not cause an undue hardship? ensure the provision of requested disability accommodations to qualified individuals with disabilities when such accommodations do not cause an undue hardship? Have all employees been informed about what behaviors are inappropriate in the workplace and that this behavior may result in disciplinary actions? Major commands indicate compliance with this measure. DON continues to conduct validation visits to substantiate command responses for this PART. Describe what means were utilized by the agency to so inform its workforce about the penalties for unacceptable behavior. The Schedule of Offenses and Recommended Penalties is posted on the DON HR website, Civilian Human Resources Manual, Subchapter 752, Appendix B.

12 Have the procedures for reasonable accommodation for individuals with disabilities been made readily available/accessible to all employees by disseminating such procedures during orientation of new employees and by making such procedures available on the World Wide Web or Internet? Have managers and supervisor been trained on their responsibilities under the procedures for reasonable accommodation? Command responses to this measure indicate that training on reasonable accommodation has not been provided consistently within the DON. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Essential Element B: INTEGRATION OF EEO INTO THE AGENCY'S STRATEGIC MISSION Requires that the agency's EEO programs be organized and structured to maintain a workplace that is free from discrimination in any of the agency's policies, procedures or practices and supports the agency's strategic mission. Compliance Indicator Measures The reporting structure for the EEO Program provides the Principal EEO Official with appropriate authority and resources to effectively carry out a successful EEO Program. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Is the EEO Director under the direct supervision of the agency head? [see 29 CFR (b)(4)] For subordinate level reporting components, is the EEO Director/Officer under the immediate supervision of the lower level component's head official? (For example, does the Regional EEO Officer report to the Regional Administrator?) Are the duties and responsibilities of EEO officials clearly defined? Do the EEO officials have the knowledge, skills, and abilities to carry out the duties and responsibilities of their positions? If the agency has 2 nd level reporting components, are there organizational charts that clearly define the reporting structure for EEO programs? If the agency has 2 nd level reporting components, does the agency-wide EEO Director have authority for the EEO programs within the subordinate reporting components? At the agency level, the DON EEO Director reports directly to the Secretary of the Navy. In subordinate commands/activities, the deputy to the EEO Officer is organizationally aligned in the Human Resources Office with dotted-line direct access to the EEO Officer. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. If not, please describe how EEO program authority is delegated to subordinate reporting components.

13 Compliance Indicator Measures The EEO Director and other EEO professional staff responsible for EEO programs have regular and effective means of informing the agency head and senior management officials of the status of EEO programs and are involved in, and consulted on, management/personnel actions. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Does the EEO Director/Officer have a regular and effective means of informing the agency head and other top management officials of the effectiveness, efficiency and legal compliance of the agency's EEO program? Following the submission of the immediately preceding FORM , did the EEO Director/Officer present to the head of the agency and other senior officials the "State of the Agency" briefing covering all components of the EEO report, including an assessment of the performance of the agency in each of the six elements of the Model EEO Program and a report on the progress of the agency in completing its barrier analysis including any barriers it identified and/or eliminated or reduced the impact of? Are EEO program officials present during agency deliberations prior to decisions regarding recruitment strategies, vacancy projections, succession planning, selections for training/career development opportunities, and other workforce changes? Does the agency consider whether any group of employees or applicants might be negatively impacted prior to making human resource decisions such as reorganizations and re-alignments? Are management/personnel policies, procedures and practices examined at regular intervals to assess whether there are hidden impediments to the realization of equality of opportunity for any group(s) of employees or applicants? [see 29 C.F.R (b)(3)] Is the EEO Director included in the agency's strategic planning, especially the agency's human capital plan, regarding succession planning, training, etc., to ensure that EEO concerns are integrated into the agency's strategic mission? Although this measure was met at the agency level, some commands reported that this measure was not met. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. While this is standard practice at the agency level, it is not consistently so across subordinate components. This issue is addressed in the FY 09 Part H, EEO Plan #H-09 (1), planned activities. While this is standard practice at the agency level, it is not consistently so across subordinate components. This issue will be addressed with the commands during the DON validation visits. Compliance Indicator Measures Measure has been The agency has committed sufficient human resources met and budget allocations to its EEO programs to ensure successful operation. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's

14 status report Does the EEO Director have the authority and funding to ensure implementation of agency EEO action plans to improve EEO program efficiency and/or eliminate identified barriers to the realization of equality of opportunity? Are sufficient personnel resources allocated to the EEO Program to ensure that agency self-assessments and self-analyses prescribed by EEO MD-715 are conducted annually and to maintain an effective complaint processing system? The inconsistent application of roles and responsibilities within the HR/EEO community has impacted the commands ability to conduct the required self-assessments, self-analyses and to maintain an effective complaint processing system. See FY 09 Part H, EEO Plan #H-09 (2), for planned activities to address this deficiency. Are statutory/regulatory EEO related Special Emphasis Programs sufficiently staffed? While this is true at the agency level, the issue identified in the previous question also impacts this measure. Federal Women's Program - 5 U.S.C. 7201; 38 U.S.C. 4214; Title 5 CFR, Subpart B, Hispanic Employment Program - Title 5 CFR, Subpart B, People With Disabilities Program Manager; Selective Placement Program for Individuals With Disabilities - Section 501 of the Rehabilitation Act; Title 5 U.S.C. Subpart B, Chapter 31, Subchapter I-3102; 5 CFR (t) and (u); 5 CFR Are other agency special emphasis programs monitored by the EEO Office for coordination and compliance with EEO guidelines and principles, such as FEORP - 5 CFR 720; Veterans Employment Programs; and Black/African American; American Indian/Alaska Native, Asian American/Pacific Islander programs? Historically, this program was effectively managed as a collateral duty at the DON level. However, it was recently decided that a more focused effort was needed due to on-going employment issues specific to Individuals with Disabilities. A position on the DON EEO Program Director s staff, dedicated to this issue, was recently established and is in the process of being filled. Compliance The agency has committed sufficient budget to support Measure For all unmet

15 Indicator Measures has been met the success of its EEO Programs. Yes No measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Are there sufficient resources to enable the agency to conduct a thorough barrier analysis of its workforce, including the provision of adequate data collection and tracking systems See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Is there sufficient budget allocated to all employees to utilize, when desired, all EEO programs, including the complaint processing program and ADR, and to make a request for reasonable accommodation? (Including subordinate level reporting components?) Has funding been secured for publication and distribution of EEO materials (e.g. harassment policies, EEO posters, reasonable accommodations procedures, etc.)? Is there a central fund or other mechanism for funding supplies, equipment and services necessary to provide disability accommodations? Does the agency fund major renovation projects to ensure timely compliance with Uniform Federal Accessibility Standards? Is the EEO Program allocated sufficient resources to train all employees on EEO Programs, including administrative and judicial remedial procedures available to employees? Is there sufficient funding to ensure the prominent posting of written materials in all personnel and EEO offices? [see 29 C.F.R (b)(5)] Is there sufficient funding to ensure that all employees have access to this training and information? Is there sufficient funding to provide all managers and supervisors with training and periodic up-dates on their EEO responsibilities: for ensuring a workplace that is free from all forms of discrimination, including harassment and retaliation? Major commands have the responsibility to provide funding for reasonable accommodation requests. Commands also utilize the DoD CAP program to support most requests. Funding is provided at the major command level. Command responses indicate that this measure has been met. DON on-site visits will validate if the inconsistent application of roles and responsibilities within the HR/EEO community, identified above, has impacted this measure.

16 to provide religious accommodations? to provide disability accommodations in accordance with the agency's written procedures? in the EEO discrimination complaint process? to participate in ADR? Essential Element C: MANAGEMENT AND PROGRAM ACCOUNTABILITY This element requires the Agency Head to hold all managers, supervisors, and EEO Officials responsible for the effective implementation of the agency's EEO Program and Plan. Compliance Indicator Measures Measure EEO program officials advise and provide appropriate assistance to managers/supervisors has been met about the status of EEO programs within each manager's or supervisor's area or responsibility. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Are regular (monthly/quarterly/semi-annually) EEO updates provided to management/supervisory officials by EEO program officials? Do EEO program officials coordinate the development and implementation of EEO Plans with all appropriate agency managers to include Agency Counsel, Human Resource Officials, Finance, and the Chief information Officer? Regular updates are provided at the agency level. However, the inconsistent application of HR/EEO roles and responsibilities within the HR/EEO community has impacted this measure at the command level. This continues to be an ongoing initiative at the DON level. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Compliance Indicator Measures Measure The Human Resources Director and the EEO Director has been meet regularly to assess whether personnel met programs, policies, and procedures are in conformity with instructions contained in EEOC management directives. [see 29 CFR (b)(3)] Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Have time-tables or schedules been established for the agency to review its Merit Promotion Program Policy and Procedures for systemic barriers that may be impeding full participation in promotion opportunities by all groups? Have time-tables or schedules been established for the agency to review its Employee Recognition Awards Program and Procedures for systemic barriers that may be impeding full participation in the program by all groups? See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Have time-tables or schedules been established for the agency to review its See FY 09 Part H, EEO

17 Employee Development/Training Programs for systemic barriers that may be impeding full participation in training opportunities by all groups? Plan #H-09 (1), for planned activities to address this deficiency. Compliance Indicator Measures When findings of discrimination are made, the agency explores whether or not disciplinary actions should be taken. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Does the agency have a disciplinary policy and/or a table of penalties that covers employees found to have committed discrimination? Have all employees, supervisors, and managers been informed as to the penalties for being found to perpetrate discriminatory behavior or for taking personnel actions based upon a prohibited basis? Has the agency, when appropriate, disciplined or sanctioned managers/supervisors or employees found to have discriminated over the past two years? If so, cite number found to have discriminated and list penalty /disciplinary action for each type of violation. After the circumstances surrounding each case were reviewed, it was determined that disciplinary action was not warranted. However, other action, as appropriate was implemented. Does the agency promptly (within the established time frame) comply with EEOC, Merit Systems Protection Board, Federal Labor Relations Authority, labor arbitrators, and District Court orders? Does the agency review disability accommodation decisions/actions to ensure compliance with its written procedures and analyze the information tracked for trends, problems, etc.? Essential Element D: PROACTIVE PREVENTION Requires that the agency head makes early efforts to prevent discriminatory actions and eliminate barriers to equal employment opportunity in the workplace. Compliance Indicator Measures Analyses to identify and remove unnecessary barriers to employment are conducted throughout the year. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Do senior managers meet with and assist the EEO Director and/or other EEO Program Officials in the identification of barriers that may be impeding the realization of equal employment opportunity? When barriers are identified, do senior managers develop and implement, with the assistance of the agency EEO office, agency EEO Action Plans to eliminate said barriers? While this is standard practice at the agency level, some commands indicate managers are not involved in the identification of barriers. See FY 09 Part H, EEO Plan for planned activities to address this deficiency. Same as above.

18 Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans? Same as above. Are trend analyses of workforce profiles conducted by race, national origin, sex and disability? Are trend analyses of the workforce's major occupations conducted by race, national origin, sex and disability? Are trends analyses of the workforce's grade level distribution conducted by race, national origin, sex and disability? Are trend analyses of the workforce's compensation and reward system conducted by race, national origin, sex and disability? Are trend analyses of the effects of management/personnel policies, procedures and practices conducted by race, national origin, sex and disability? This is not consistently accomplished at the subordinate command level. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Compliance Indicator Measures The use of Alternative Dispute Resolution (ADR) is encouraged by senior management. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Are all employees encouraged to use ADR? Is the participation of supervisors and managers in the ADR process required? Although there is no requirement to participate in the ADR process, commencing in FY 2009, supervisors/managers must document the reason and sign it when declining to participate. This information will be provided to the next level of management and forwarded to the DON ADR Program office. No EEO Plan was developed as this was required in a recent action memorandum approved by the SECNAV. Essential Element E: EFFICIENCY Requires that the agency head ensure that there are effective systems in place for evaluating the impact and effectiveness of the agency's EEO Programs as well as an efficient and fair dispute resolution process. Compliance Indicator The agency has sufficient staffing, funding, and authority to achieve the elimination of identified barriers. Measure has been met For all unmet measures, provide a brief explanation in the space

19 Measures Yes No below or complete and attach an EEOC FORM PART H to the agency's status report Does the EEO Office employ personnel with adequate training and experience to conduct the analyses required by MD-715 and these instructions? Has the agency implemented an adequate data collection and analysis systems that permit tracking of the information required by MD-715 and these instructions? EEO staff at the agency level has the training and experience. However, based on the reviews of command level submissions, there is still much work to be accomplished in this area. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. DON has an automated data system that provides workforce demographic information. However, we are still working on an automated system to capture applicant flow information. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Have sufficient resources been provided to conduct effective audits of field facilities' efforts to achieve a model EEO program and eliminate discrimination under Title VII and the Rehabilitation Act? Is there a designated agency official or other mechanism in place to coordinate or assist with processing requests for disability accommodations in all major components of the agency? Are 90% of accommodation requests processed within the time frame set forth in the agency procedures for reasonable accommodation? All subordinate commands indicated that reasonable accommodation requests are processed within the requisite timeframe. This information will be reviewed and validated during scheduled on-site visits by DON. Compliance Indicator Measures The agency has an effective complaint tracking and monitoring system in place to increase the effectiveness of the agency's EEO Programs. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Does the agency use a complaint tracking and monitoring system that allows identification of the location, and status of complaints and length of time elapsed at each stage of the agency's complaint resolution process? Does the agency's tracking system identify the issues and bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information to analyze complaint activity and trends? Does the agency hold contractors accountable for delay in counseling and investigation processing times?

20 If yes, briefly describe how: DON requires the use of full-time EEO counselors. In exceptional circumstances when the use of contractors is deemed necessary, the DON EEO Office approves the request, reviews the statement of work and holds the EEO processing office responsible for meeting timeframes. Performance measures are reported to major commands. Very few contractors are currently used and closer oversight of performance is required. DON uses the services of DoD investigators and performs significant oversight of the investigative process to ensure timeliness and monitor/improve quality and efficiency. Does the agency monitor and ensure that new investigators, counselors, including contract and collateral duty investigators, receive the 32 hours of training required in accordance with EEO Management Directive MD-110? Does the agency monitor and ensure that experienced counselors, investigators, including contract and collateral duty investigators, receive the 8 hours of refresher training required on an annual basis in accordance with EEO Management Directive MD-110? Compliance Indicator Measures The agency has sufficient staffing, funding and authority to comply with the time frames in accordance with the EEOC (29 C.F.R. Part 1614) regulations for processing EEO complaints of Measure has been met employment discrimination. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Are benchmarks in place that compare the agency's discrimination complaint processes with 29 C.F.R. Part 1614? Does the agency provide timely EEO counseling within 30 days of the initial request or within an agreed upon extension in writing, up to 60 days? As a result of executing planned activities reported in the FY 07 Part H, EEO Plan, 76% of EEO counselings were timely in FY 08, an improvement of 13% when compared to the previous fiscal year. While significant progress has been made, we plan to continue efforts to further increase the percentage of timely EEO counselings. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. Does the agency provide an aggrieved person with written notification of his/her rights and responsibilities in the EEO process in a timely fashion? Does the agency complete the investigations within the applicable prescribed time frame? The percentage of timely investigations decreased when compared to the previous reporting period, 43% in FY 08 and 55.5 % in FY 07. See FY 09 Part H, EEO Plan #H-09 (1), for planned activities to address this deficiency. When a complainant requests a final agency decision, does the agency issue the decision within 60 days of the request? When a complainant requests a hearing, does the agency immediately upon receipt of the request from the EEOC AJ forward the investigative file

21 to the EEOC Hearing Office? When a settlement agreement is entered into, does the agency timely complete any obligations provided for in such agreements? Does the agency ensure timely compliance with EEOC AJ decisions which are not the subject of an appeal by the agency? Compliance Indicator Measures Measure There is an efficient and fair dispute resolution process and effective systems for evaluating the has been met impact and effectiveness of the agency's EEO complaint processing program. Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report In accordance with 29 C.F.R (b), has the agency established an ADR Program during the pre-complaint and formal complaint stages of the EEO process? Does the agency require all managers and supervisors to receive ADR training in accordance with EEOC (29 C.F.R. Part 1614) regulations, with emphasis on the federal government's interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? After the agency has offered ADR and the complainant has elected to participate in ADR, are the managers required to participate? Although there is no requirement to participate in the ADR process, commencing in FY 2009, supervisors/managers must and sign document their reason(s) for declining to participate. This information will be provided to the next level of management and forwarded to the DON ADR Program office. No EEO Plan was developed as this was required in a recent action memorandum approved by the SECNAV. Does the responsible management official directly involved in the dispute have settlement authority? Compliance Indicator Measures The agency has effective systems in place for maintaining and evaluating the impact and effectiveness of its EEO programs. Measure has been met Yes No For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM PART H to the agency's status report Does the agency have a system of management controls in place to ensure the timely, accurate, complete and consistent reporting of EEO complaint data to the EEOC? Does the agency provide reasonable resources for the EEO complaint process to ensure efficient and successful operation in accordance with 29 C.F.R (a)(1)? The inconsistent application of roles and responsibilities within the HR/EEO community has impacted the processing of EEO complaints in