Regional BIG Briefing on the MD-715 and 462 Reports Presented by Lori J. Bledsoe June 11, 2011

CORE CONCEPTS & PRACTICAL APPLICATIONS MD-715

What is MD-715? Policy Guidance and standards from the EEOC for federal agencies to establish and maintain effective affirmative employment programs under Title VII and the Rehabilitation Act

Goals of MD-715 Develop and Maintain a Model EEO Program Provide Equal Opportunities (Barrier Free Workplace)

The Model EEO Program “Attainment of a model EEO program at an agency will provide the infrastructure necessary for the agency to achieve the ultimate goal of a discrimination free work environment characterized by an atmosphere of inclusion and free and open competition for employment opportunities.” MD-715 Guidance

SIX ESSENTIAL ELEMENTS of a MODEL EEO PROGRAM Demonstrates Commitment from Agency Leadership Integration of EEO into the Agency’s Strategic Mission Management & Program Accountability Proactive Prevention of Unlawful Discrimination Efficiency Responsiveness and Legal Compliance

Demonstrated commitment from agency Requires Agency leadership to make EEO a fundamental part of the culture. Issuing regular EEO policy statements – sharing commitment to a workplace free of discrimination Evaluate management’s commitment to EEO Disseminate Reasonable Accommodation procedures Provide All employees and applicants with written information on agency remedial procedures available

Integration of EEO into the agency’s strategic mission EEO Director reports directly to the Head of Agency EEO Director has an effective means of informing & communicating w/ the agency head Sufficient funds/resources for reasonable accommodations, complaints processing, programs and EEO training for all employees There is sufficient funding allocated to operate an effective overall EEO program (EEO training, reasonable accommodations, complaint processing and ADR, special emphasis programs & barrier and trends analysis, )

Management and program accountability Managers, supervisors , EEO/CR and HR Officials are responsible for the effective implementation and managements of the agency’s EEO Program Examples: Agency has a disciplinary policy and table of penalties that covers employees found to have committed discrimination The Agency promptly complies with EEOC, Merit System Protection Board, Federal Labor Relations Authority, labor arbitrators and District Court orders Agency has written reasonable accommodation procedures in place..

Proactive Prevention of Unlawful Discrimination Prevent unlawful discrimination by eliminating potential causes. Examples: Conduct Annual Self-Assessment Barriers identification that may be impeding the realization of EEO and elimination Utilizing Alternative Dispute Resolution (ADR) in the EEO complaint process and supervisors and managers cooperatively participate in the process

EFFICIENCY Effective program evaluation and dispute resolution systems are in place Agency conducts the analyses required by MD-715 Management and staff trained in ADR The EEO Office monitors and ensures all counselors and investigators whether full-time, contract or collateral receive the required training in accordance with EEO Management Directive (MD)110 Find Best Practices & establish Benchmarks Clear and separate Investigative and Adjudicatory functions in Complaints process

Responsiveness and Legal Compliance Timely Compliance : On EEOC Orders Completion of Corrective Actions Submission of compliance documents Legal compliance with related Laws , E.O. and Regulations

BIG’s OPPORTUNITY in AGENCY SELF-ASSESSMENT  Conducted Annually Identify areas where barriers may operate to exclude certain groups (Blacks in particular)  Collaborate with other advocacy groups to monitor progress

Agency Self-assessment Actions for BIG Submit MD-715 Part G self-assessment checklist Request from EEO/CR Briefing on MD-715 Report & Workforce Profiles (statistical data & information) Review of Agency policies, practices, and procedures and submission of recommendations

Vital Workforce Data/Info to Have Total Workforce Breakdown compared to the National Labor Force Data by race/gender/disability/ethnic group/grade Agency major occupational groupings Hiring/Separation and Applicant Data Complaint Data Promotion and Award Data General and Targeted Disability Data Breakdown of Position Types: Professional, Administrative, Technical, Management, Senior Level

Key Resources for BIG Chapters Last 3 years of MD-715 Reports Last 3 years of 462 Reports EEOC Annual Report OPM Occupational Handbook All Agency policy and regulations such as: Merit Promotion, Hiring and Selections, Career Development/Training, Awards, Discipline, etc. relevant to your membership

PURPOSE & PRACTICAL APPLICATIONS 462 Report – Annual Statistical Report of Discrimination Complaints

Purpose of 462 Report Data is collected from each federal agency in the Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints. EEOC’s Office of Federal Operations (OFO) produces an Annual Report on the Federal Workforce that includes, among other data, information on federal equal employment opportunity complaints and ADR activities.

What the 462 Report Provides for BIG Chapters Provides Data on Informal, Formal and ADR Processes Provides Info on Complaint Staff and Reporting Authority Provides Breakdown of Issues and Basis of Complaints Filed Provides Complaint Closure , Settlement and Discrimination Finding Info Provides Complaint Timeliness Data

Questions? Lori J. Bledsoe Manager, Affirmative Employment and Diversity Management Office of Equal Employment Opportunity and Diversity Pension Benefit Guaranty Corporation (202) 326-4000 Ext. 3345 (202) 326-4000 Ext. 4363 (Main Office) (202) 326-4276 (Fax)   "Every job is a self-portrait of the person who did it. Autograph your work with excellence." Unknown