SURVEY RESPONSES
TO INTERACTIONS BETWEEN OFFICES OF GENERAL COUNSEL AND THE EQUAL EMPLOYMENT
OPPORTUNITY OFFICES WITHIN FEDERAL AGENCIES
EXECUTIVE SUMMARY
The
Council of Federal EEO and Civil Rights Executives is comprised of nearly 200
active EEO Office Executives and Managers within the federal government,
representing over 82 agencies. As part
of its mission, the Council has established itself as the premiere organization
of EEO professionals and exhibits its leadership by addressing EEO, Civil
Rights and other issues of concern to the EEO community within the federal
sector. It is in this capacity that the
Council continues to focus on the need for reform in the EEO process, as well
as striving to revolutionize the methods by which the federal EEO programs have
been historically evaluated and supported.
In
the month of October 2003, the members of the Council unanimously agreed to
conduct a survey on the interactions and relationships between the Offices of
General Counsel (OGC) and the Offices of EEO and/or Civil Rights. This survey
was designed and distributed to members of the Council in an effort to obtain a
consolidated and comprehensive view of this dynamic. This decision was made
largely in response to concerns raised by many of the members. Out of the
approximately 40 agencies that participated in the survey, 10 represented
Cabinet level agencies. It should be noted that, although the participation
rate of federal agencies in the survey was approximately 50% of those normally
included in EEOC data gathering, we believe that the reported percentages
accurately represent applicable percentages if there had been a 100% response
rate.
The
Survey is comprised of four (4) sections with approximately five (5) questions
per section. The section themes are: 1) Organizational Structure and Reporting
Relationships; 2) Resources and Staffing; 3) Document Issuance and Approval;
and 4) Technical Assistance and Advice.
The
survey findings reflect the following:
1.
Legal offices in 66% of the responding agencies report to
agency heads, whereas EEO Offices report 55% to agency heads.
2.
Differences of opinion between the Legal and EEO Offices
regarding findings of discrimination are resolved by the agency in agreement
with the Legal Offices in 26% of the responding agencies, while the agency
agrees with EEO Offices in only 21% of the responding agencies.
3.
Instances of differences of opinion between the Legal and
EEO Offices regarding whether appeals should be filed with EEOC are resolved in
accordance with Legal Office guidance in 29% of the responding agencies and in
agreement with the EEO Offices in only 16% of the responding agencies.
4.
Instances of differences of opinion between Legal Offices
and EEO Offices regarding remedies to be extended, are resolved in agreement
with the Legal Office in 29% of the responding agencies and in agreement with
EEO Offices in only 16% of the responding agencies.
5.
Legal Offices provide technical assistance during
investigations in 50% of the responding agencies.
6.
81% of responding EEO Offices lack attorney advisors. Of course, the case could be made that if
EEO Offices had attorney advisors on their staffs, there would be no need to
get legal sufficiency reviews from OGC’s.
7.
50% of the responding agencies require Legal Offices to
concur with complaint settlement agreements.
Legal Offices should review EEO documents just for legal sufficiency, not
for concurrence, since the Legal Office represents the agency and generally
sees the complaint settlement as an admission of liability.
The
information contained in this report reflects the fact that OGCs are far too
involved in the EEO process and the Agency Heads, in most instances, rely on
the final word from OGCs vis-`a-vis EEO Offices, thereby either usurping or
marginalizing the role of the EEO Office.
Nevertheless, this report represents the Council’s best efforts in
capturing practices and policies within the Council members’ respective
agencies. Certainly, through similar exercises the Council will seek to address
continuing inconsistencies, incongruities and imbalances within the EEO
process.
EEO OFFICE/OGC
RELATIONSHIP SURVEY RESULTS
ORGANIZATIONAL
STRUCTURE AND REPORTING RELATIONSHIPS
1. Briefly describe the relationship between your main EEO office
and the legal office for your agency.
Some
respondents indicated that the relationship was independent and healthy and
that OGC provides legal advice and legal sufficiency reviews when necessary.
2.
To whom does the agency
general counsel report?
%
Respondents Response
66% Agency
head
26% Other Managers
8% No
response
3.
To whom does the agency EEO
officer report?
% Respondents Response
55% Agency Head
29% Other Managers
16% No response/other
4.
Briefly describe how your
main EEO office is organized, (e.g. do you have deputies; do you have
divisions, branches or teams and how are they organized?)
Most agencies
were structured traditionally, consisting of a Special Emphasis Unit, an EEO
Unit, and an Affirmative Employment Unit.
5. Is your program decentralized or centralized?
90% of the respondents surveyed indicated that their programs were
centralized.
The remaining 10% indicated that their programs were decentralized.
1.
How many attorneys work in
the EEO Office as EEO Specialists?
% Respondents Response
50% None
24% One
10% Two
8% Three
8% Four
2.
How many
attorneys work in the EEO Office as Attorney-Advisors?
% Respondents Response
81% None
8% One
3% Two
3% Three
5% Four
3. How many attorneys work in the EEO Office on assignment from the agency legal office?
%
Respondents Response
97% None
3% One
4. Are EEO
complaint matters handled by the legal office on a chargeback or
fee-for-service basis?
%
Respondents Response
100% No
EEO
OFFICE/OGC RELATIONSHIP SURVEY RESULTS
1.
Who
prepares final agency decision documents?
% Respondents Response
100% EEO Offices
2. Is the legal office concurrence required before signature on either of the following documents?
%
Respondents Response
3%Yes 97%No EEO Counselor’s report
39%Yes 61%No Final Agency Decision
50%Yes 50%No Complaint settlement agreement
53%Yes 47%No Agency Appellate Response or Brief
Other
3. Identify source of legal office authority to review EEO
documents.
% Respondents Response
Most
respondents either did not respond or indicated that this was not applicable.
4. Does legal office exercise authority to serve as settlement official for the agency?
% Respondents Response
24% Yes
63% No
13% N/A
5. Which office prepares FAD appeals? (with or without
concurrence)
% Respondents Response
47% OGC
37% EEO Offices
16% Other/No response
6. Which office
prepares responses to appellant briefs? (with or without concurrence?)
% Respondents Response
82% OGC
13% EEO
Offices
5% Other/No
response
7.
Which
office prepares appeal comments on behalf of the agency? (with or
without concurrence?)
% Respondents Response
79% OGC
16% EEO Offices
5% Other/No
Response
EEO OFFICE/OGC RELATIONSHIP SURVEY RESULTS
1. If there is a difference of opinion between the EEO office and the legal office concerning a finding of discrimination against the agency, how is it resolved?
% Respondents Response
8% Head
of Agency
26% OGC
21% EEO Offices
5% Independent
Legal Counsel
16% OGC/EEO
Office resolution
24% Never
encountered situation/No response or N/A
2. If
there is a difference of opinion between the EEO office and the legal office
concerning whether an appeal should be filed with EEOC, how is it resolved?
%
Respondents Response
29% OGC
16% EEO Office
11% Discussion and resolution between
EEO Office & OGC
44% Other/No response/N/A
3. If there is a difference of opinion between the EEO office and the legal office concerning remedies to be extended, how is it resolved?
% Respondents Response
5% Agency
Head
29% OGC
29% Discussion and resolution between
EEO Office & OGC
16% OCR/EEO Office
3% Independent
Legal Counsel
18% Other/No
response/N/A
4. Do persons in your component EEO Offices contact your legal office
directly for technical assistance or advice or do they go through the main EEO Office?
% Respondents Response
26% Through
EEO Office directly
24% Through
OGC Office directly
50% Other/No
Response/N/A
5. Does
your legal office staff “represent” management officials during any of the
stages below?
%
Respondents Response
13% EEO Counseling
31% EEO Investigation
47% EEOC Hearing
47% Settlement/ADR/Mediation
conferences
16% Other/No response or N/A
6.
Does
your legal office staff provide technical assistance during any of the
stages below?
% Respondents Response
29% EEO Counseling
50% EEO Investigation
71% EEOC Hearing
61% Settlement/ADR/Mediation
conferences
21% Other/No
response or N/A
7.
Describe
level of assistance provided by the EEO Office when an EEO
complaint is pending civil action.
% Respondents Response
63% As
needed
13%
Minimal
13% None
11% Other/No
Response/N/A