FY 2010 FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT MANAGEMENT DIRECTIVE 715

Transcription

1 FY 2010 FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT MANAGEMENT DIRECTIVE 715 U.S. Department of Commerce National Oceanic and Atmospheric Administration OCTOBER 1, 2009, TO SEPTEMBER 30, 2010

2 .TABLE OF CONTENTS I. Agency Information (MD Parts A D).1 II. Executive Summary (MD Part E)...5 III. Certification of Establishment of Continuing EEO Programs (MD Part F)...14 IV. Agency Self-Assessment Checklist (MD Part G).15 V. EEO Plans (MD Part H) 31 VI. Plan for Barrier Elimination (MD Part I)..55 VII. Employment Plan for Individuals w/targeted Disabilities (MD Part J).61 VIII. Attachments Workforce Data Table A Analysis Workforce Data Table B Analysis Federal EEO Statistical Report of Discrimination Complaints (EEOC Form 462) Organization Chart NOAA EEO Policy Statement MD 715 Terminology and Definitions

3 EEOC FORM PART A - D U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT For period covering October 1, 2009 to September 30, 2010 PART A 1. Agency U.S. Department of Commerce Department or Agency Identifying Information 1.a. 2 nd level reporting component 1.b. 3 rd level reporting component 1.c. 4 th level reporting component National Oceanic and Atmospheric Administration 2. Address Herbert C. Hoover Building, Room th and Constitution Avenue, N.W., OR 1315 East West Highway SSMC3, Room City, State, Zip Code Washington, DC OR Silver Spring, MD CPDF Code 5. FIPS code(s) CM DC MD PART B Total Employment 1. Enter total number of permanent full-time and part-time employees 13, Enter total number of temporary employees Enter total number employees paid from nonappropriated funds Not Available 4. TOTAL EMPLOYMENT [add lines B 1 through 3] 13,905 PART C Agency Official(s) Responsible For Oversight of EEO Program(s) 1. Head of Agency Official Title Jane Lubchenco, Ph.D., Administrator, NOAA 2. Agency Head Designee William F. Broglie, Chief Administrative Officer 3. Principal EEO Director/Official Official Title/series/grade 4. Title VII Affirmative EEO Program Official Joseph E. Hairston, Director, Civil Rights Office ZA-260-V 4. N/A 1

4 5. Section 501 Affirmative Action Program Official 6. Complaint Processing Program Manager 5. N/A 6. N/A 7. Other Responsible EEO Staff 7. Anthony Reeves, EEO Manager Carol Summers, EEO Manager Helen Buggs, EEO Manager Coneshea Simpson, EEO Manager Michelle Moore, EEO Manager Jeanette Toledo, EEO Specialist Tillman Peck, Data Analyst Monica Hodnett, EEO Assistant 2

5 EEOC FORM PART A - D U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT PART D List of Subordinate Components Covered in This Report Subordinate Component and Location (City/State) National Weather Service (NWS) Silver Spring, MD National Ocean Service (NOS) Silver Spring, MD National Marine Fisheries Service (NMFS) Silver Spring, MD Office of Oceanic and Atmospheric Research Silver Spring, MD/Boulder, CO National Environmental Satellite, Data and Information Service (NESDIS) Silver Spring, MD Office of Marine and Aviation Operations (OMAO) Silver Spring, MD NOAA Staff Offices Washington, D.C. & Silver Spring, MD CPDF and FIPS codes CM CM CM CM /08013 CM CM CM

6 EEOC FORMS and Documents Included With This Report *Executive Summary [FORM PART E], that includes: *Optional Annual Self-Assessment Checklist Against Essential Elements [FORM PART G] Brief paragraph describing the agency's mission and mission-related functions *EEO Plan To Attain the Essential Elements of a Model EEO Program [FORM PART H] for each programmatic essential element requiring improvement Summary of results of agency's annual self-assessment against MD- 715 "Essential Elements" *EEO Plan To Eliminate Identified Barrier [FORM PART I] for each identified barrier Summary of Analysis of Work Force Profiles including net change analysis and comparison to RCLF *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] Summary of EEO Plan objectives planned to eliminate identified barriers or correct program deficiencies *Copy of Workforce Data Tables as necessary to support Executive Summary and/or EEO Plans Summary of EEO Plan action items implemented or accomplished *Copy of data from 462 Report as necessary to support action items related to Complaint Processing Program deficiencies, ADR effectiveness, or other compliance issues. *Statement of Establishment of Continuing Equal Employment Opportunity Programs [FORM PART F] *Copy of Facility Accessibility Survey results as necessary to support EEO Action Plan for building renovation projects *Copies of relevant EEO Policy Statement(s) and/or excerpts from revisions made to EEO Policy Statements *Organizational Chart 4

7 EEOC FORM PART E U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION For Period Covering October 1, 2009, to September 30, 2010 EECUTIVE SUMMARY INTRODUCTION On October 1, 2003, Management Directive 715 (MD-715) became effective. Title VII of the Civil Rights Act of 1964, as amended, and Section 501 of the Rehabilitation Act of 1973, as amended, require federal agencies to take proactive steps to ensure equal employment opportunity for all employees and applicants for employment. This means that agencies must work to proactively prevent potential discrimination before it occurs and establish systems to monitor compliance with Title VII. MISSIONAND MISSION-RELATED FUNCTIONS NOAA s mission is to understand and predict changes in the Earth s environment and conserve and manage coastal and marine resources to meet our Nation s economic, social, and environmental needs. NOAA, one of several operating units within the U.S. Department of Commerce (DOC), provides a variety of environmental services to the Nation. NOAA s goals are to protect, restore, and manage the use of coastal and ocean resources through an ecosystem approach to management; understand climate variability and change to enhance society s ability to plan and respond; serve society s needs for weather and water information; support the Nation s commerce with information for safe, efficient, and environmentally sound transportation; and provide critical support for NOAA s mission. These services are provided by NOAA s National Weather Service; National Marine Fisheries Service; National Ocean Service; National Environmental Satellite, Data and Information Service; Office of Oceanic and Atmospheric Research; and the Program Planning and Integration Office. NOAA s major occupations include the following job series: Meteorologist, Fishery Biologist, Computer Science/Information Technology Specialist, and General Physical Scientist. WORKFORCE ANALYSIS SUMMARY During FY 2010, NOAA s total workforce (permanent, temporary and term) included 13, total employees. This represents an increase from the FY 2009 workforce (13,721) of 184 individuals (1.3). An analysis of the workforce data reflects several trends. Females and Black males continued to have lower than expected participation rates in NOAA when compared to their availability in the Civilian Labor Force (CLF). Hispanic males and females also had substantially lower than expected participation rates when compared to their 1 The demographic data for this report is based on the MD 715 Data Tables provided to NOAA by the Department of Commerce s Office of Civil Rights. MD 715 requires that the data include all employees who appeared on the rolls at any time during the year. This is different than typical data reports or references, which are snapshot, and as of a certain time of the year, i.e., September 30. 5

8 availability in the CLF. Although the number of Multiple Race males remained the same and females increased, the participation rates remained below the CLF. The following EEO groups are above or equal to the CLF: White males Black females Asian males and females Native Hawaiian or Other Pacific Islander males and females American Indian or Alaska Native males and females During FY 2010, NOAA also experienced declining participation rates among some EEO groups. Those groups affected include Hispanic males and females by 0.4 and 5.5 respectively, and Native Hawaiian or Other Pacific Islander males by In respect to disability workforce statistics, in comparing NOAA s FY 2010 workforce (13,905) to the FY 2009 workforce (13,721), there was an overall increase of 184 individuals (1.3). During this same time period, the number of permanent employees with disabilities increased by 27. The participation rate of NOAA employees with targeted disabilities is 0.6, substantially below the two percent (2) Federal Goal 2. NOAA s largest groups of employees with targeted disabilities are in the following categories: deafness (18), blindness (15), and mental illness (15). AGENCY SELF ASSESSMENT SUMMARY OF THE ESSENTIAL ELEMENTS A. Demonstrated commitment from agency leadership. Strengths: NOAA issued a written policy statement expressing its commitment to EEO and a workplace free of discriminatory harassment. The EEO/Anti-harassment policy statement was issued to all employees and posted in all personnel offices, and EEO offices. Reasonable accommodations procedures were disseminated on NOAA s public Web site. Employees are provided a copy of the EEO policy when promoted into supervisory positions. NOAA s Workforce Management Office conducts a quarterly Supervisory Training Program that includes presentations on The Basics of EEO, Reasonable Accommodations, Classification/Staffing, and Employee/Labor Relations. NOAA requires that annual performance appraisals for managers and supervisors include an evaluation of their commitment to equal opportunity (EO) and adherence to its Civil Rights (CR) policy. Annual performance appraisals for all SES-level supervisors and managers include an element evaluating their compliance and commitment to CR and EEO. 2 In FY 2009 NOAA adopted the Federal Goal of 2% participation of employees with targeted disabilities, and therefore is using that figure as the benchmark for comparison. The EEOC has recommended a goal of 2% as a part of the LEAD (Leadership for the Employment of Americans with Disabilities) initiative to address the declining number of employees with targeted disabilities in the federal workforce. In a training of Disability Program Managers, EEOC formally announced that the Federal High would no longer be used--instead the benchmark will be the Federal Goal of 2%. 6

9 The NOAA Line/Staff Civil Rights Offices provided several webcast sessions including: Veteran Issues, Hiring People with Disabilities using Schedule A Hiring Authority, and Reasonable Accommodations to supervisors, managers, and employees to ensure understanding and reaffirm our support of the participation of people within the workforce. All employees also completed the mandatory No FEAR training through the Commerce Learning Center. The Agency s CR program is allocated sufficient resources and funding to ensure success of its operation. The CR Director has the authority to ensure implementation of Agency EEO action plans to improve EEO program efficiency and/or eliminate identified barriers to the realization of equal opportunity. NOAA s National Ocean Service (NOS) developed an EEO and Diversity Action Plan to enable supervisors, managers, and employees to recognize and integrate diversity principles and goals for a productive inclusive workplace for the 21 st century. The plan requires: 1) leadership commitment to diversity-top down effect; 2) inclusion of diversity management in strategic planning; 3) diversity linked to performance management system; 4) performance measures and accountability; 4) external recruitment; 5) diversity training; and 6) employee and management involvement. Deficiencies: There are no deficiencies in this element. B. Integration of EEO into the agency s strategic mission Strengths: Though development of NOAA s Next Generation Strategic Plan, the agency has committed to creating a diverse and capable workforce, by increasing the number of underrepresented groups within our workforce over the next five years. The Agency developed an Asian Americans and Pacific Islanders (AAPIs) Action Plan, which establishes a three-pronged strategy to improve the well-being of Asian Americans and Pacific Islanders (AAPIs), as consistent with E.O 13515: including: 1) outreach and education initiatives, 2) recruitment initiatives, and 3) investments in new facilities in Hawaii. During FY 2010, the CRO and Workforce Management Office coordinated efforts to develop a final draft to NOAA s Framework for Workforce Diversity Plan; which identified strategies for addressing the continuous low participation rate of minorities and persons with disabilities within our workforce. In FY 2010, the NOS National Centers for Coastal Ocean Science developed a Memorandum of Understanding with the American Indian Science and Engineering Society (AISES). The goals of the agreement are to: 1) increase educational and employment opportunities for AISES-affiliated students; 2) increase the recruitment pool of American Indian and Alaska Native scientist in NOAA-related sciences; 3) mentor AISES-affiliated students interested in NOAA related-sciences; 4) support and facilitate intellectual exchange between NOAA/NOS scientist and AISES-affiliated faculty and students; and 5) strengthen NOS support of AISES goals and objectives. The parties will work together to substantially increase the representation of American Indian and Alaska Natives in NOAA related science and engineering disciplines. The NOS EEO and Diversity Program Office supported five (5) Student Temporary Employment Program (STEP) appointments for students recruited from local high schools and universities. 7

10 In FY 2010, NOAA s National Weather Service (NWS) had 182 students participate in its Student Career Experience Program, including approximately 80 female participants. This program offered work experience directly related to the student s academic program and career goals; such as meteorology and atmospheric science. The NWS Office of Equal Opportunity & Diversity Management (OEODM) also supported the agency s Education Partnership Program, resulting in internship opportunities and outreach activities to program participants. The goal of the program is to increase the number of students from underrepresented communities who are educated, trained and graduated in fields that directly support NOAA s mission. The NWS participated in the 2010 Society for the Advancement of Chicanos and Native American in Science (SACNAS) Conference. The NWS also participated in a two day career fair at the conference with employees serving as booth staff, poster contest judges, and mentors. The conferences served over 3,000 students, with the purpose of exposing the NWS to Hispanic and American Indian students in engineering and science. The NWS Office of Climate Water and Weather Service Director serves as the Technical Monitor for the NOAA Center for Atmospheric Science (NCAS) at Howard University. NCAS is a program designed to promote student education, training, and research on the accuracy of weather and climate forecast models. NCAS strengthens NWS ties with minority serving institutions through their academic partnerships with Howard University, Jackson State University, University of Puerto Rico, and University of Texas at El Paso. NOAA s National Marine Fisheries Service (NMFS) sponsored three (3) males and nine (9) females in the Fisheries Undergraduate Academic Program (UAP). The UAP is a four-year program which allows employees to enroll and attend undergraduate level or training courses at an accredited academic institution of their choice while still receiving their full salary. NMFS also hosted 16 interns (9 females/7 males), in the Woods Hole Partnership Education Program (PEP). This program promotes diversity in the Woods Hole science community through a summer internship program for underrepresented groups, aimed at college juniors/seniors with course work in marine and/or environmental sciences. PEP students participate in a four-week course focused on global climate change and then spend six-to-eight-weeks on individual research projects, culminating in a public presentation of their research results. For ten weeks, the NMFS Northeast Regional Office Summer Intern Program hosted 12 undergraduate/graduate students from several universities, including Florida A&M and Norfolk State University. Internships offered hands-on opportunities to learn about our work in planning, organizing and implementing programs for fishery management, resource allocations, and habitat and protected species conservation. NOAA s NMFS initiated and co-chaired the first Career and Training Fair for Native American students at the Northwest Indian College in Bellingham, Washington. Over 250 (Undergraduates and High school students) were in attendance, in addition to over 30 exhibitors from both federal and private sector organizations. Workshops on recruitment and hiring were provided to the students by NOAA officials, and exhibitors shared information, reviewed resumes and provided guidance on their specific organizational needs. Tribal leaders also had an opportunity to speak with agency officials about potential partnerships in the recovery and management of salmon. For a fourth year, NMFS funded the Diversity Internship Project. This project provides internship opportunities for Native American students of the Northwest Indian College. The goals of the project are to: 1) nurture academic and experiential development for high school and university students interested in natural resources, engineering and biology; 2) expose the Native American community to the work and science of NMFS, and 3) promote diversity within NOAA Fisheries. 8

11 One (1) Hispanic male was permanently placed in a scientific position within the NMFS Northwest Fisheries Science Center, as a result of his completion of the NOAA Educational Partnership Program. The Northeast Fisheries Science Center also recruited five (5) women, and one (1) individual with a disability. The NMFS Southeast Fisheries Science Center (SEFSC) enabled three (3) minority students to participate in summer research cruises. In addition, the SEFSC hosted a group of 25 students and two (2) teachers from Trinidad and Tobago interested in learning about NOAA s role in Aquaculture. The NMFS added one (1) FTE to the Program Office for EEO and Diversity. Through coordination with the Targeted Recruitment Program Manager and the Office of Civil Rights, they were able to recruit an individual with a disability through the Schedule A program. NOAA s Office of Marine and Aviation Operations (OMAO) employed several students comprised of one (1) African American male, one (1) African American female, and one (1) Asian male, through the use of several hiring resources, such as the NOAA Educational Partnership Program, the DC Summer Youth Employment Program, and the Student Volunteer Service. The Office of Oceanic and Atmospheric Research (OAR) provided funding support to several national organizations working to increase the representation of women and minorities in the Science, Technology, Engineering and Math (STEM) fields, including: o The Denver Federal Executive Board/American Indian Program Council American Indian Heritage Month training seminar which featured a panel on expanding STEM efforts with Tribal Colleges and Universities (TCU). The Society for the Advancement of Chicanos and Native Americans (SACNAS) National Conference. The Science on a Sphere (SOS) display at the Oregon Museum of Science and Industry as an activity for students and teachers at the American Indian Science & Engineering Society (AISES) National Conference. The Society of American Indian Government Employees (SAIGE) Annual National Training Conference Youth Track program. Students from mainstream colleges and universities and Tribal Colleges and Universities (TCUs) received training on leadership development and the Federal hiring process. NOAA s OAR utilized various student programs and partnerships with national organization internship programs to recruit students including: Hispanic Association of Colleges & Universities (HACU) intern program: recruited and placed a student from the University of Puerto Rico at Bayamon and has committed to hire another HACU intern in Hollings Scholars Program; in which 26 students were placed throughout OAR, working on research opportunities specific to their career backgrounds. Office of Education (OE) Educational Partnership Program (EPP) Undergraduate Scholars program hired four (4) African-American students from Mississippi Valley State University, North Carolina 9

12 Agricultural & Technical State University, Texas State University and Texas Southern University; and students in Boulder, CO. NOAA Interdisciplinary Scientific Environmental Technology (ISET) Cooperative Science Center placed students in summer internships in ESRL in Boulder, CO, which included 14 STEP and SCEP students; including 9 white males, 4 white females, and 1 Asian male. OAR placed advertisements on OAR careers in conference programs and events targeting minority and underprivileged groups; including the Boulder County Community Action Program Multicultural Awards program, the Southern Appalachian Science and Engineering Fair (SASEF), and the MAES Magazine Spring 2010 Issue. Deficiencies: The CR Director does not report directly to the agency head. However, the CR Director regularly participates in the Human Capital Council Meeting and other high level meetings which serve as a forum to communicate the status and effectiveness of EEO programs. C. Management and Program Accountability Strengths: The NOAA Civil Rights Office (CRO)provided regular updates to Line Office EEO & Diversity Program Managers about the status of EEO complaint activity within their respective areas, in order to analyze trends and proactively address potential discriminatory actions. Procedures are in place to track and monitor reasonable accommodations through a full time position within the Workforce Management Office (WFMO). Deficiency: There are no weaknesses to this element. D. Proactive prevention of unlawful discrimination Strengths: In collaboration with the WMFO and the Department of Commerce, NOAA developed a user-friendly interface to the National Finance Center (NFC) database, which supports user s ability to run data reports that meet the CRO MD-715 reporting requirements. The CRO and WFMO partnered to establish a platform available to all NOAA employees that enables them to update and/or verify their ethnicity, race, sex, and/or disability information. NOAA s Civil Rights and EEO Policy Statement and other EEO-related statements (i.e., sexual harassment, reasonable accommodations, etc.) are provided to all employees through the New Employee Orientation. Supervisors, managers, and employees are encouraged to resolve EEO issues at the lowest level, and utilize the Agency s ADR (mediation for EEO issues/complaints); the Employee Assistance Program; and other workplace conflict resolution programs. During FY 2010, good faith efforts were made repeatedly to resolve the EEO complaints throughout the Informal process, using facilitated meetings as an additional recourse to traditional counseling. 10

13 Deficiency: The participation of supervisors and managers in the ADR process is not required. Departmental policy on ADR, as vetted through the employee union, requires that ADR be voluntary for all parties. E. Efficiency Strengths: NOAA employs a full-time Reasonable Accommodations Coordinator who coordinates and assists with processing requests for reasonable accommodations in all components of the Agency. The Agency utilizes an internal tracking system to monitor and track the status of the EEO complaint process. This allows Specialist to identify/analyze the location, status, and length of time elapsed at each stage of the Agency s complaints resolution process; the issues and the bases of the complaints; and other information necessary to analyze complaint activity aimed at increasing the effectiveness of the agency s EEO program. In accordance with EEO Management Directive MD-110, NOAA ensured that newly elected EEO counselors received the required 32 hours of training and the annual 8-hour refresher training for all EEO counselors. The Agency developed Standard Operating Procedures for Special Emphasis Program Commemorative Events, in an effort to develop and maintain a level of consistency in the management of NOAA-wide sponsored programs. At a minimum, 90% of all reasonable accommodation requests are processed within the required timeframes. Deficiency: There are no weaknesses to this element. F. Responsiveness and legal compliance. Strengths: NOAA was in compliance with federal EEO statues and regulations, policy guidance, and other applicable written instructions with respect to our responsiveness and legal compliance. NOAA follows Commerce and EEOC reporting requirements and complies with EEO orders and directives. The Agency ensures completion of ordered corrective actions and timely submits its compliance reports to the Department. Processing of monetary agreements is processed by the responsible Line/Staff Office Official. Documentation for completing compliance is promptly provided and reviewed by the CRO. Deficiencies: There are no weaknesses to this element. 11

14 SUMMARY OF EEO PLAN OBJECTIVES TO ELIMINATE IDENTIFIED BARRIERS PART I PLAN SUMMARIES A thorough analysis of NOAA s workforce data found in the A and B Tables reflects the existence of several triggers at various stage of the employment cycle. These analyses have been included as attachments in this year s report. NOAA carried three Part I Plans into FY 2010, clustered in three areas: 1) the low participation rates of minorities in the GS-13 (or equivalent) and above; 2) the low participation rates of specific minorities in NOAA s major occupations; and 3) the low participation rates of individuals with targeted disabilities across NOAA. These Part I Plans are being carried into Fiscal Year Part I Plan #1, which previously broadly addressed the low participation of certain EEO groups in higher graded positions, is currently being refined. During FY 2011, the CRO will lead the effort to further refine this specific issue, and will then conduct a barrier analysis utilizing the new methodology that was developed in FY Part I Plan #2, which focused on the low participation rates of minority groups in NOAA s major occupations, has been modified and refined to focus on the low participation rates of Hispanic Fisheries Biologists. The Civil Rights staff will apply the new barrier analysis methodology to complete a study and will conclude the analysis and will report on the outcomes in the FY 2011 Report. Part I Plan #3 focuses on the decreasing numbers of employees with targeted disabilities. As the participation rates continue to decrease on an annual basis, this appears to be a negative trend. This will continue to be addressed through barrier analyses in FY 2011 and FY EEO COMPLAINT TRENDS During Fiscal Year 2010, the NOAA Civil Rights Office completed 99 counselings. This represents an increase of 18 (22%) as compared to 81 in FY In addition, the use of Alternative Dispute Resolution (ADR) increased by 16; from 2 in FY 2009 to 18 in FY Of those that elected ADR, 5 (28%) were settled. We will continue to encourage managers and employees to utilize the ADR process to resolve workplace conflict. During FY 2010, NOAA experienced an increase of 3 (6%) in the number of formal complaints; from 57 in FY 2009, to 60 in FY Reprisal and age continued as the top two (2) bases, the same as they were for the last four fiscal years. Harassment (non-sexual) continued to be the highest raised issue in FY 2010, with Evaluation/Appraisal, and Promotion/non-selection among the next highest set of issues. During FY 2011, the NOAA Civil Rights Office will continue to collaborate with the Line Office EEO Program Managers to address these current trends through training and other measures. CONCLUSION During Fiscal Year 2010, NOAA moved closer to achieving the goal of becoming a model EEO agency. The self-assessment reflected that NOAA met the majority of the basic compliance measures required of a model EEO agency. NOAA s workforce demographics by ethnicity, race, sex and disability reflect that while the workforce is stable and growing slightly, the agency still is not as diverse as the general population of the country. The agency remains committed to examining the reasons for the low participation rates by conducting a thorough barrier analysis on identified triggers, and implementation of the Diversity Recruitment Plan. 12

15 In looking towards Fiscal Year 2011, the Civil Rights Office (CRO) will continue to strengthen relationships with key stakeholders across the agency and provide sound guidance and education to the Line and Staff Offices and other partners on issues relating to MD 715. The agency will work to address the identified compliance measures that were not met in FY 10. The agency will also continue to monitor workforce demographics by ethnicity, race, sex and disability, and will take bold steps to determine the root cause for the agency s low participation rates among the various EEO groups at all stages of the employment cycle. In order to achieve these goals over the coming year, the NOAA CRO will continue its efforts to promote MD 715 as a year round process and a paradigm shift from reaction to pro-active prevention. 13

16 EEOC FORM PART F u.s. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT CERTIFICATION of ESTABLISHMENT of CONTINUING EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS I, Joseph E. Hairston, Director, Civil Rights Office, ZA-260-V, am the Principal EEO Director/Official for the National Oceanic and Atmospheric Administration (NOAA). The agency has conducted an annual self-assessment of Section 717 and Section 501 programs against the essential elements as prescribed by EEO MD-715. If an essential element was not fully compliant with the standards of EEO MD-715, a further evaluation was conducted and, as appropriate, EEO Plans for Attaining the Essential Elements of a Model EEO Program, are included with this Federal Agency Annual EEO Program Status Report. The agency has also analyzed its work force profiles and conducted barrier analyses aimed at detecting whether any management or personnel policy, procedure or practice is operating to disadvantage any group based on race, national origin, gender or disability. EEO Plans to Eliminate Identified Barriers, as appropriate, are included with this Federal Agency Annual EEO Program Status Report. I certify that proper documentation of this assessment is in place and is being maintained for EEOC review upon request. S gn ture f Pr cipal EEO Director and Reporting Component Designee Certifies that this Federal Agency Annual EEO Program Status Report is in compliance with EEO MD

17 EEOC FORM PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT AGENCY SELF-ASSESSMENT CHECKLIST MEASURING ESSENTIAL ELEMENTS NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FY 2010 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 EEO policy statements are up-to-date. Measure has been met Measures 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 March 20, The EEO policy statement was issued on September 30, 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 re-issued annually? If no, provide an explanation. 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 Measure has been met Measures Yes No EEO policy statements have been communicated to all employees. 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 15

18 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? 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)] Compliance Indicator Measure has been met Measures Yes No Agency EEO policy is vigorously enforced by agency management. 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? 16

19 Have all employees been informed about what behaviors are inappropriate in the workplace and that this behavior may result in disciplinary actions? Describe what means were utilized by the agency to so inform its workforce about the penalties for unacceptable behavior. 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? 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 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 Measures 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?) See Part H Plan #1. 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 agencywide EEO Director have authority for the EEO programs within the subordinate reporting components? 17

20 If not, please describe how EEO program authority is delegated to subordinate reporting components. Compliance Indicator 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 Measures 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 re-organizations 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? 18

21 Compliance Indicator Measure has been The agency has committed sufficient met Measures human resources 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 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? Are statutory/regulatory EEO related Special Emphasis Programs sufficiently staffed? 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? Compliance Indicator Measure has been met Measures The agency has committed sufficient budget to support the success of its EEO Programs. 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 there sufficient resources to enable the agency to conduct a thorough barrier analysis of its workforce, including the provision of 19

22 adequate data collection and tracking systems 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? - 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? 20

23 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 EEO program officials advise and provide appropriate assistance to managers/supervisors about the status of EEO programs within each manager's or supervisor's area or responsibility. Measure has been met Measures 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? Compliance Indicator The Human Resources Director and the EEO Director meet regularly to assess whether personnel programs, policies, and procedures are in conformity with instructions contained in EEOC management directives. [see 29 CFR (b)(3)] Measure has been met Measures 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? Have time-tables or schedules been established for the agency to review its Employee Development/Training Programs for systemic barriers that may be impeding full participation in training opportunities by all groups? 21

24 Compliance Indicator Measure has been met Measures When findings of discrimination are made, the agency explores whether or not disciplinary actions should be taken. 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. There have been no findings of discrimination at NOAA during the preceding two years. 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 Measure has been met Measures Analyses to identify and remove unnecessary Yes No barriers to employment are conducted throughout the year. 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 22

25 eliminate said barriers? Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans? 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? Compliance Indicator Measure has been met Measures The use of Alternative Dispute Resolution (ADR) Yes No is encouraged by senior management. 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? DOC ADR policy, as vetted through employee unions, requires that ADR be voluntary for all parties. See Part H Plan #6 CARRYOVER 23

26 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 Measure has been met Measures The agency has sufficient staffing, funding, and authority to achieve the elimination of identified barriers. 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 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? 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? Compliance Indicator Measure has been met Measures The agency has an effective complaint tracking and monitoring system in place to increase the effectiveness of the agency's EEO Programs. 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? 24