MANAGEMENT DIRECTIVE 715 (MD-715)

STATE OF THE AGENCYEQUAL EMPLOYMENT OPPORTUNITY

FY 2010

PRESENTED BY:

Joseph E. Hairston

Director, Civil Rights Office

February 23, 2011

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CONTENT

• Purpose of the MD-715• Elements of a Model EEO Program • FY 2010 Report Findings• FY 2010 Workforce Representation• FY 2010 Personnel Actions

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Purpose of Management Directive 715 (MD-715)

• Implement proactive provisions of Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973 which mandate that federal agencies establish EEO Programs for all federal employees and applicants for employment.

• MD-715 provides policy guidance and standards for establishing and maintaining effective affirmative programs of EEO and effective affirmative action programs under Section 501 of the Rehabilitation Act.

• The Directive also sets forth general reporting requirements, and applies to all executive agencies and military departments.

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What Does MD-715 Require?

• Develop and maintain 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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The Model EEO ProgramSix Essential 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 Elementsof a Model EEO Program

1. Demonstrated commitment from agency leadership• Equal Employment opportunity must be:

• Embraced by agency leadership• Communicated through the ranks from the top down

• EEO principles must be made a fundamental part of the agency’s culture

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

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

senior management• EEO/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 Elementsof a Model EEO Program

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 selections

and promotion procedures, 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 Elementsof a Model EEO Program

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

process• Establish and encourage the 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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FY2010 Report Findings

• Deficiencies

• Triggers

• Barriers

• Accomplishments

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The Model EEO Program Six Essential Elements

There are over 120 measures on the Agency Self-Assessment check list, subdivided into six elements. Only the following measures were not met in FY 2010:

1. Integration of EEO into the agency’s strategic missionDeficiency: The CRO does not report directly to the agency head.

2. Proactive Prevention of unlawful discrimination Deficiency: Participation of supervisors and managers in the ADR process is

not required.

What is a Trigger?

A statistical anomaly or trend identified through

data analysis or other means.

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What is a Barrier to EEO?

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

• Some barriers may be easy to identify.

• Other barriers are embedded in the day-to-day procedures and practices of an agency and may appear neutral.

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Examples of Barriers

• Decrease in NOAA employee population.

• Low or no participation in hiring women, minorities and persons with disabilities in agency leadership positions.

• Major decrease in women, minorities and person with disabilities in all major job categories.

• Lack of agency leaders commitment to a diverse workforce.

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2010 Barriers

Barriers 1. Low participation rates of minorities in the GS-13 (or equivalent) and above.

2. Low participation rates of Hispanic Fisheries Biologists.

3. Low participation rates of individuals with targeted disabilities.

Possible Solution (s) Begin increasing the number of females, minorities and persons with disabilities in order to reverse the current trend of low participation rates in these areas.

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FY 2010 Workforce

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CLF and RLF

• 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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NOAA WORKFORCE PROFILE

FY 09 and FY10

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RACE CLF FY 09 Total

FY 09 %

FY 10 Total

FY 10 %

White Male 39.0 7981 58.2 8061 58.0 White Female 33.7 3458 25.2 3520 25.3 Black Male 4.8 424 3.1 436 3.1 Black Female 5.7 720 5.2 733 5.2 Hispanic Male 6.2 233 1.7 232 1.7 Hispanic Female 4.5 127 0.9 120 0.9 Asian Male 1.9 393 2.9 409 2.9 Asian Female 1.7 253 1.8 253 1.8 NHOPI Male 0.1 14 0.1 12 0.1 NHOPI Female 0.1 16 0.1 20 0.1 AI/AN Male 0.3 63 0.5 68 0.5 AI/AN Female 0.3 32 0.2 32 0.2 Multiple 2+ Male 0.3 3 0.1 3 0.1 Multiple 2+ Female 0.3 4 0.1 6 0.1 Disability 561 4.1 588 4.2 Red Indicates Below Civilian Labor Force (CLF) NHOPI = Native Hawaiian or Other Pacific Islander AIAN = American Indian or Alaska Native

FY 2010 Personnel Actions

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Summary Analysis of FY 2010 Separations

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Total : 802 Female Men

Black 62 24

Hispanic 3 12

Asian 14 21

NHOPI 1 1

AI/AN 4 7

Multiple 2+ 0 0

White 236 417

NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

Summary Analysis of FY 2010 Hiring

Total : 988 Female Men

Black 62 37

Hispanic 9 10

Asian 16 23

NHOPI 6 5

AI/AN 3 5

Multiple 2+ 5 2

White 484 321

NHOPI = Native Hawaiian or Other Pacific Islander

AI/AN = American Indian/Alaska Native

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The Way AheadNew & Upcoming

• Policy• Training• Awareness

o Providing monthly EEO Complaint Report o Partnering with Workforce Management

• Quarterly updates

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Access to NOAA’s FY 2010 MD-715

• Please note that the FY 2010 MD-715 has been posted to the CRO website. You can access using link below:

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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