I
106TH CONGRESS
2D SESSION
H. R. 4362
To require that each Government agency post monthly, on its public Web
site, certain statistical data relating to Federal sector equal employment
opportunity complaints filed with such agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2000
Mr. SCARBOROUGH (for himself, Mr. CUMMINGS, and Ms. NORTON) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform, and in addition to the Committee on Armed Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To require that each Government agency post monthly, on
its public Web site, certain statistical data relating to
Federal sector equal employment opportunity complaints
filed with such agency, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equal Employment
Opportunity Complaint Data Disclosure Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘agency’’ means an Executive
agency, a military department, the United States
Postal Service, the Postal Rate Commission, and
any other governmental entity (within the jurisdic-
tion of the Equal Employment Opportunity Commis-
sion) which the Commission may by regulation speci-
fy, but does not include the General Accounting Of-
fice;
(2) the term ‘‘basis of alleged discrimination’’
shall have the meaning given such term under sec-
tion 5; and
(3) the term ‘‘issue of alleged discrimination’’
shall have the meaning given such term under sec-
tion 5.
SEC. 3. DATA TO BE POSTED BY EMPLOYING AGENCIES.
(a) IN GENERAL.—Each agency shall post on its pub-
lic Web site, in the time, form, and manner prescribed
under section 5 (in conformance with the requirements of
this section), summary statistical data relating to equal
employment opportunity complaints filed with such agency
by employees or former employees of, or applicants for em-
ployment with, such agency.
(b) CONTENT REQUIREMENTS.—The data posted by
an agency under this section shall include, for the then
current fiscal year, the following:
(1) The number of complaints filed with the
agency in such fiscal year.
(2) The number of individuals filing those com-
plaints (including as the agent of a class).
(3) The number of individuals who filed 2 or
more of those complaints.
(4) The number of complaints (described in
paragraph (1)) in which each of the various bases of
alleged discrimination is alleged.
(5) The number of complaints (described in
paragraph (1)) in which each of the various issues
of alleged discrimination is alleged.
(6) The average length of time, for each step of
the process, it is taking the agency to process com-
plaints (taking into account all complaints pending
for any length of time in such fiscal year, whether
first filed in such fiscal year or earlier). Average
times under this paragraph shall be posted—
(A) for all such complaints;
(B) for all such complaints in which a
hearing before an administrative judge of the
Equal Employment Opportunity Commission is
not requested; and
(C) for all such complaints in which a
hearing before an administrative judge of the
Equal Employment Opportunity Commission is
requested.
(7) The total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination and, of that number—
(A) the number and percentage that were
rendered without a hearing before an adminis-
trative judge of the Equal Employment Oppor-
tunity Commission; and
(B) the number and percentage that were
rendered after a hearing before an administra-
tive judge of the Equal Employment Oppor-
tunity Commission.
(8) Of the total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination—
(A) the number and percentage involving a
finding of discrimination based on each of the
respective bases of alleged discrimination; and
(B) of the number specified under sub-
paragraph (A) for each of the respective bases
of alleged discrimination—
(i) the number and percentage that
were rendered without a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission; and
(ii) the number and percentage that
were rendered after a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission.
(9) Of the total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination—
(A) the number and percentage involving a
finding of discrimination in connection with
each of the respective issues of alleged discrimi-
nation; and
(B) of the number specified under sub-
paragraph (A) for each of the respective issues
of alleged discrimination—
(i) the number and percentage that
were rendered without a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission; and
(ii) the number and percentage that
were rendered after a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission.
(10)(A) Of the total number of complaints
pending in such fiscal year (as described in the par-
enthetical matter in paragraph (6)), the number that
were first filed before the start of the then current
fiscal year.
(B) With respect to those pending complaints
that were first filed before the start of the then cur-
rent fiscal year—
(i) the number of individuals who filed
those complaints; and
(ii) the number of those complaints which
are at the various steps of the complaint proc-
ess.
(c) TIMING AND OTHER REQUIREMENTS.—
(1) CURRENT YEAR DATA.—Data posted under
this section for the then current fiscal year shall in-
clude both—
(A) interim year-to-date data, updated
monthly; and
(B) final year-end data.
(2) DATA FOR PRIOR YEARS.—The data posted
by an agency under this section for a fiscal year
(both interim and final) shall also include, for each
item under subsection (b), such agency’s cor-
responding year-end data for each of the 5 imme-
diately preceding fiscal years (or, if not available for
all 5 years, for however many of those 5 years for
which they are available).
SEC. 4. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
(a) IN GENERAL.—The Equal Employment Oppor-
tunity Commission shall post on its public Web site, in
the time, form, and manner prescribed under section 5
for purposes of this section, summary statistical data re-
lating to—
(1) hearings requested before an administrative
judge of the Commission on complaints described in
section 3; and
(2) appeals filed with the Commission from
final agency actions on complaints described in sec-
tion 3.
(b) SPECIFIC REQUIREMENTS.—The data posted
under this section shall, with respect to the hearings and
appeals described in subsection (a), include summary sta-
tistical data corresponding to that described in paragraphs