MANAGEMENT DIRECTIVE (MD)-715

STATE OF THE AGENCY

FY 2012

PRESENTED BY:

Joseph E. Hairston

Director, Civil Rights Office

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CONTENT

• Purpose of MD-715• Elements of a Model EEO Program • FY 2012 Report Findings• FY 2012 Workforce Representation• FY 2012 Personnel Actions

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EEO MD-715

• Developed by EEOC - Effective October 1, 2003

• EEO Responsibilities under Section 717 of Title VII and Section 501 of the Rehabilitation Act.

• Directive provides policy guidance and standards for establishing & maintaining affirmative EEO programs.

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MD-715 Requirements

• Develop and maintain a model EEO program.

• Ensure all employment decisions are free from discrimination.

• Examine employment policies, procedures and practices to identify and remove barriers to equal opportunity.

• Develop plans to correct identified barriers.

• Report plans and progress to EEOC.

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Model EEO ProgramSix Essential Elements

There are over 120 measures on the Agency Self-Assessment check list, subdivided into six elements:

1. Demonstrated commitment from leadership

2. Integration of EEO into strategic mission

3. Management and program accountability

4. Proactive prevention of discrimination

5. Efficiency

6. Responsiveness and legal compliance

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Six Essential Elements

1. Demonstrated commitment from agency leadership• EEO must be:

• Embraced by agency leadership• Communicated through the ranks from the top down• A fundamental part of the agency’s culture

• Agency Head must issue annual EEO and anti-harassment policy statements

2. Integration of EEO into strategic mission• Civil Rights Director has regular access to agency head and senior

management• Civil Rights staff is involved with, and consulted on, the management

and deployment of human resources• EEO Programs have sufficient resources• Managers and employees are involved in the implementation of the

agency’s Title VII and Rehabilitation Act Programs

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Six Essential Elements

3. Management and Program Accountability• Conduct regular internal EEO/Civil Rights program audits• Establish procedures to prevent all forms of discrimination• Evaluate managers and supervisors on efforts to ensure

equality of employment opportunity• Maintain clearly defined and fair personnel policies, selection,

promotion, and evaluation procedures; rules of conduct and training systems

4. Proactive Prevention of Unlawful Discrimination• Conduct a self assessment on at least an annual basis to

monitor progress and identify areas where barriers may operate to exclude certain groups

• Develop strategic plans to eliminate identified barriers

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Six Essential Elements

5. Efficiency• Maintain efficient, fair and impartial complaint resolution

processes• Establish and encourage widespread use of Alternative

Dispute Resolution (ADR)• Maintain effective data collection systems on workforce,

applicant flow and complaint tracking

6. Responsiveness and Legal Compliance• Ensure full compliance with Title VII and Rehabilitation Act,

including EEOC regulation, orders, and other written instructions

• Report agency program efforts and accomplishments to EEOC

• Comply with final EEOC orders for corrective action and relief

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FY 2012 Report Findings

• Accomplishments

• Deficiencies

• Triggers

• Barriers

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Accomplishments

1. New employees and supervisors were provided a copy of the EEO policy statement.

2. The Agency selected and trained six (6) new collateral-duty EEO counselors and two (2) ADR mediators.

3. Sufficient resources were allocated to support the implementation of all Special Emphasis Programs; including Bring Your Kids to Work Day.

4. Employees and managers (including those in remote locations) received training on EEO and ADR.

5. The Agency was awarded for providing bilingual ocean conservation education and outreach services to 900 diverse students and 29 teachers.

6. NOAA held its first Youth Ocean Summit with more than 100 high school students; providing educational opportunities on environmental programs/activities.

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Deficiencies

The following measures were not met in FY 2012:

1. Demonstrated commitment from agency leadership:

Deficiencies: 1) The EEO Policy Statement was not re-issued in 2012.

2) Non SES-level managers and supervisors are not evaluated on their commitment to EEO policies.

2. Integration of EEO into the agency’s strategic mission:

Deficiency: The CRO does not report directly to the agency head.

3.Management and Program Accountability:

Deficiency: Time-tables/schedules have not been established to review the Merit Promotion Program Policy, Employee Recognition Awards Program, or Employee Development/Training Program for systemic barriers.

4.Proactive prevention of unlawful discrimination:

Deficiency: The participation of supervisors and managers in the ADR process is not required.

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Deficiencies

The following measures were not met in FY 2012:

5. Efficiency:

Deficiency: The agency does not track recruitment efforts and analyze efforts to identify potential barriers.

Triggers & Barriers

Trigger: A trend identified through data analysis or other means that could indicate possible barriers.

Barrier: A policy, procedure, practice or condition that limits employment opportunities for members of a particular race, ethnic background, gender or because of disability.

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Barriers

Barriers 1. The participation rate of women at the GS-13 and above is 25.5%, which continues to be lower than the expected rate of 32.8%.

2. The participation rate of Hispanics Fishery Biologist is 2.4% (1.9% male, 0.5% female), which is lower than the expected rate of 4.0% (1.9% male, & 2.1% female).

3. The participation rate of NOAA employees with targeted disabilities decreased to 0.4%, substantially below the 2% Federal Goal.

4. Permanent females separated at a rate of 37.4%; which is above their representation of 32.8%.

Possible Solution (s) 1. Implement activities outlined in DOC’s Diversity Plan.2. Collect and analyze applicant flow data by Office/Hiring Official.3. Conduct evaluations of recruitment events, which include the number of attendees, type of questions asked and materials taken, and other pertinent observations.

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Workforce – FY 2012

• Civilian Labor Force (CLF): Persons 16 years of age and over, except those in the armed forces, who are employed or are unemployed and seeking work.

• Relevant Labor Force (RLF): The source from which an agency draws or recruits applicants for employment or an internal selection such as promotion.

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WORKFORCE PROFILE FY 11 and FY12

RACE CLF FY 11#

FY 11 %

FY 12#

FY 12 %

Hispanic Male 6.2 224 1.7 227 1.8

Hispanic Female 4.5 121 0.9 120 0.9

White Male 39.0 7590 58.1 7325 58.1

White Female 33.7 3275 25.0 3113 24.7

Black Male 4.8 418 3.2 391 3.1

Black Female 5.7 654 5.0 617 4.9

Asian Male 1.9 397 3.0 391 3.1

Asian Female 1.7 242 1.8 238 1.8

NHOPI Male 0.1 14 0.1 15 0.1

NHOPI Female 0.1 22 0.1 18 0.1

AI/AN Male 0.3 58 0.4 53 0.4

AI/AN Female 0.3 27 0.2 30 0.2

Multiple 2+ Male 0.3 12 0.1 27 0.2

Multiple 2+ Female 0.3 21 0.1 33 0.2

Disability 615 4.7 664 5.2

Targeted Disability 2% Goal 71 0.6 42 0.416

Red Indicates Below Civilian Labor Force (CLF) NHOPI = Native Hawaiian or Other Pacific IslanderAI/AN = American Indian or Alaska Native

EEO Complaint TrendsFY 2012

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FY 2011 FY 2012

Pre-Complaint Counseling

99 82

ADR Elections 18 8

Top Basis(es) Reprisal, Age Reprisal, Age

Top Issue(s) Harassment (non-sexual); Eval./Appraisal;

Time & Attendance

Harassment (non-sexual); Eval./Appraisal;

Assignment of Duties

Formal Complaints 67 65

Settlements (Pre-complaint & Formal)

27 19

New Hires - FY 2012

Total : 471 Males: 296 Females: 175

Hispanic 5 4

White 253 127

Black 21 33

Asian 8 8

NHOPI 1 0

AI/AN 1 0

Multiple 2+ 7 3

NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

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Separations - FY 2012

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Total: 590 Males: 369 Females: 221

Hispanic 6 9

White 161 320

Black 46 27

Asian 6 10

NHOPI 0 0

AI/AN 1 2

Multiple 2+ 1 1NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

Career Development (GS-13/14) FY 2012

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Total: 9 Males: 4 Females: 5

Hispanic 1 0

White 3 3

Black 0 0

Asian 0 1

NHOPI 0 0

AI/AN 0 0

Multiple 2+ 0 1NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

Awards ($501+) - FY 2012

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Total: 3,729 Males: 2,199 Females: 1,530

Hispanic 54 47

White 1903 1143

Black 102 225

Asian 128 84

NHOPI 0 9

AI/AN 9 11

Multiple 2+ 3 11NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

Next Steps

• NAO’s & Policy Updates• Web-cast Training• Partnering with Workforce Management• Barrier Analysis• Collaboration w/DOC’s Diversity &

Inclusion Council

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Access to NOAA’s FY 2012 MD-715

• Please note that the FY 2012 MD-715 has been posted to the CRO website at: http://www.eeo.noaa.gov

• Civil Rights Office contact person: Coneshea Simpson (301) 713-0500.

• Additional information can be obtained from the EEOC website at: www.eeoc.gov/federal/md715/index.html

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