EEOC MANAGEMENT DIRECTIVE 715: AN OVERVIEW

Basic Information:

• The Directive, which will become effective on October 1, 2003, supersedes EEO Management Directives 712, 713, and 714 and all related interpretative memoranda.

• Per the September 8, 2003 memorandum from Carlton M. Hadden, Director, Office of Federal Operations, EEOC: for FY 2003, federal agencies will not be required to submit data, accomplishment reports, or plan updates to EEOC for the Affirmative Employment Program for Minorities and Women (AEP) or the Affirmative Action Program for Individuals with Disabilities (AAP). Agencies will be required to submit Form 462 EEO complaints Processing data for FY 2003.

• EEOC is working to replace the PATCOB occupational categories with fourteen new categories (list attached).

• The Commission is developing revised race and national origin categories that will be used under MD 715.

• Additional guidance and instructions for implementing the policies in the Directive will be issued separately.

• To look at the suggested, 14 EEO occupational groups, click on http://www.eeoc.gov/stats/census/occupational_data.html.

Section 717 of Title VII: Proactive Prevention of Unlawful Discrimination:

• Workforce analyses must now include both the permanent and temporary workforce. EEOC has indicated that they will issue more detailed guidance concerning Title VII program treatment of temporary employees.

• Data relating to the agency’s status as of the end of each fiscal year must now include:

• Participation rates in supervisory and management positions by race, national origin, and sex;
• The race, national origin, and sex of applicants for both permanent and temporary employment;
• In addition to the rate of selection for promotion, analyses must now include rates of selection for training opportunities and for performance incentives; and
• In addition to the rate of voluntary separations, analysis must now include the rate of involuntary separations.

• EEOC will provide appropriate civilian labor force (CLF) data for use by agencies. The Directive indicates that, in conducting its self-assessment, agencies shall compare their internal participation rates with corresponding participation rates in the relevant CLF. Geographic areas of recruitment and hiring are integral factors in determining “relevant” civilian labor force participation rates.

• The Directive requires agencies to collect and maintain data for applicants for employment. Separate guidance, including updated information on racial and national origin groupings, will be issued from EEOC concerning collection of these data.

Section 501 of the Rehabilitation Act: Proactive Prevention of Unlawful Discrimination:

• The Rehabilitation Act requires agencies to ensure that employment decisions are free of unlawful discrimination on the basis of disability. In 1992, Congress amended the Rehabilitation Act to incorporate the non-discrimination standards of the Americans with Disabilities Act (ADA). Actions that are generally considered discriminatory as defined by the ADA are listed in the Directive.

• Data analyses for individuals with disabilities required to evaluate the agency’s status at the end of each fiscal year are the same as those required for the AEP.

• In addition, analyses must also include:

• The effectiveness and efficiency with which the agency processes requests for reasonable accommodation under the Rehabilitation Act;
• The extent to which an agency is in compliance with Section 508 of the Rehabilitation Act requirement to provide employees with disabilities access to information and data that is comparable to that provided to those without disabilities; and
• Information and trend data reflecting the nature, status, and disposition of complaints in the administrative process (EEOC, MSPB, and FLRA) and in court alleging violations of the Rehabilitation Act.

• EEOC recognizes that there is currently no census data available that provides data reflecting the general and specific workforce participation rates for individuals with disabilities. Until such time as reliable data are developed and disseminated concerning the general availability of individuals with disabilities in the workforce, the Directive recommends agencies evaluate themselves against the workforce of the federal government in general and that of agencies ranked highly.

• Agencies are required to establish and publicize specific written procedures for the prompt and efficient resolution of requests for reasonable accommodation.

• The Directive requires agencies with 1,000 employees or more to maintain a special recruitment program for individuals with targeted disabilities and to establish specific goals for the employment and advancement of such individuals.

Current Steps:

EEOC indicates that they will provide additional information, guidance and instructions to implement fully the requirements of MD-715. Agencies can prepare for implementation of MD-715 while waiting for the additional information.

• In lieu of CLF data reflecting Census 2000, agencies can conduct a simplified workforce analysis as of 09/30/03 to identify areas that will likely need attention once the new statistics are available. Agencies can begin to define the temporary workforce for inclusion in the AEP and run workforce data as of 09/30/03 to gage how profiles could be affected.

• Review current barrier statements and the objectives and action items developed to overcome the barriers, and, based on the 09/30/03 workforce analysis, begin to develop barrier statements and objectives and action items to be incorporated into new program plans to be developed under MD-715.

• MD-715 indicates that agency heads must issue a written policy statement expressing their commitment to equal employment and a workplace free of discriminatory harassment. If an agency head has not done so, take the steps necessary to ensure that this is accomplished. Given that accomplishment reports will not be prepared for FY 2003, consider disseminating the policy statement to all employees.

• Take this opportunity to strengthen the coordination between the agency’s EEO programs and related human resource programs, including FEORP, the Selective Placement Programs, and the Disabled Veterans Affirmative Action Program (DVAAP).