U.S. Equal Employment Opportunity Commission Federal Agency Annual EEO Program Status Report EEOC Form 715-01 Management Directive–715 Office of Equity, Diversity, and Inclusion National Institutes of Health Department of Health and Services For period covering October 1, 2013 to September 30, 2014
Essential Element B: Integration of EEO into the Agency's Strategic Mission This element requires that the agency's EEO programs be organized and structured to maintain a workplace that is free from discrimination in any of the agency's policies, procedures or practices and supports the agency's strategic mission. Measure for B.1. The reporting structure for the EEO Program provides the Principal EEO Official with appropriate authority and resources to effectively carry out a successful EEO Program. Has measure has been met? Brief explanation B.1.a. Is the EEO Director under the direct supervision of the agency head? [see 29 CFR §1614.102(b)(4)] For subordinate level reporting components, is the EEO Director/Officer under the immediate supervision of the lower level component's head official? (For example, does the Regional EEO Officer report to the Regional Administrator?) Yes N/A B.1.b. Are the duties and responsibilities of EEO officials clearly defined? Yes N/A B.1.c. Do the EEO officials have the knowledge, skills, and abilities to carry out the duties and responsibilities of their positions? Yes N/A B.1.d. If the agency has 2nd reporting components, are there organizational charts that clearly define the reporting structure for EEO programs? N/A N/A - The EEO program is centralized within EDI B.1.e. If the agency has 2nd level reporting components, does the agency-wide EEO Director have authority for the EEO programs within the subordinate reporting components? N/A N/A - The EEO program is centralized within EDI
D.2.b. Is the participation of supervisors and managers in the ADR process required? Yes N/A Essential Element E: Efficiency This element requires that the agency head ensure that there are effective systems in place for evaluating the impact and effectiveness of the agency's EEO Programs as well as an efficient and fair dispute resolution process. Measures for E.1. The agency has sufficient staffing, funding, and authority to achieve the elimination of identified barriers. Has measure has been met? explanation E.1.a. Does the EEO Office employ personnel with adequate training and experience to conduct the analyses required by and these instructions? Yes N/A E.1.b. Has the agency implemented an adequate data collection and analysis systems that permit tracking of the information required by MD-715 and instructions? No EDI has worked with, HHS, OPM, and OHR to evaluate applicant flow data from USAJobs. See Part H Plan 10. E.1.c. Have sufficient resources been provided to conduct effective audits of field facilities' efforts to achieve a model EEO program and eliminate discrimination under Title VII and the Rehabilitation Act? No Audits of field facilities’ efforts have not been conducted. See Part H Plan 14. E.1.d. Is a designated agency official or other mechanism in place to coordinate or assist with processing requests for disability accommodations in all major components of the agency? No Currently, Employee Relations/Labor Relations within
an annual basis in accordance with EEO Management Directive MD-110? Measures for E.3. The agency has sufficient staffing, funding and authority to comply with the time frames in accordance with the EEOC (29 C.F.R. Part 1614) regulations for processing EEO complaints of employment discrimination. Has measure has been met? Brief explanation E.3.a. Are benchmarks in place that compare the agency's discrimination complaint processes with 29 C.F.R. Part 1614? No EDI has been working to develop SOPs for pre-complaint and formal complaint processes. Benchmarks will be incorporated into the SOPs. See Part H Plan 15. E.3.a.1 Does the agency provide timely EEO counseling within 30 days of the initial request or within an agreed upon extension in writing, up to 60 days? Yes N/A E.3.a.2. Does the agency provide an aggrieved person with written notification of his/her rights and responsibilities in the EEO process in a timely fashion? Yes N/A E.3.a.3. Does the agency complete the investigations within the applicable prescribed time Yes N/A E.3.a.4. When a complainant requests a final agency decision, does the agency issue the decision within 60 days of the request? N/A Responsibility of DHHS.
official, or agency payment order dating the dollar amount of attorney fees paid? F.3.d.2. Awards: A narrative statement by an appropriate agency official stating the dollar amount and the criteria used to calculate the award? Yes N/A F.3.d.3. Back Pay and Interest: Computer print-outs or payroll documents outlining gross back pay and interest, copy of any checks issued, narrative statement by an appropriate agency official of total monies paid? Yes N/A F.3.d.4. Compensatory Damages: The agency decision and evidence of payment, if made? Yes N/A F.3.d.5. Training: Attendance roster at training session(s) or a narrative statement by an appropriate agency official confirming that specific persons or groups of persons attended training on a date certain? Yes N/A F.3.d.6. Personnel Actions (e.g., Reinstatement, Promotion, Hiring, Reassignment): Copies of SF-50s Yes N/A F.3.d.7. Posting of Notice of Violation: Original signed and dated notice reflecting the dates that the notice was posted. A copy of the notice will suffice if the original is not available. Yes N/A F.3.d.8. Supplemental Investigation: 1. Copy of letter to complainant acknowledging receipt from EEOC of remanded case. 2. Copy of letter to complainant transmitting the Report of Investigation (not the ROI itself unless specified). 3. Copy of request for a hearing (complainant's request or agency's transmittal letter). Yes N/A F.3.d.9. Agency Decision (FAD): FAD or copy of the complainant's request for a hearing. Yes N/A F.3.d.10. Restoration of Leave: Print-out or statement identifying the amount of leave restored, if applicable. If not, an explanation or statement. Yes N/A F.3.d.11. Civil Actions: A complete copy of the civil action complaint demonstrating same issues raised as in compliance matter. Yes N/A
PLANNED ACTIVITIES TOWARD COMPLETION OF OBJECTIVE: TARGET DATE (Must be specific) Collect benchmarks on discrimination complaint processes. These benchmarks will be captured and accounted for through performance elements linked to the mandatory time frames and deadlines in the Standard Operating Procedures. January 1, 2014 Finalize Standard Operating Procedures and for the EEO Counseling Process. January 30, 2015 Finalize Standard Operating Procedures and forms for the Formal EEO Complaint Process. September 30, 2015 Train the staff and collateral staff on the new procedures and implement performance standards. September 30, 2015 Market and publicize to our EDI customers using communication channels and our new website. September 30, 2015 REPORT OF ACCOMPLISHMENTS and MODIFICATIONS TO OBJECTIVE Accomplishment: Over the past fiscal year, EDI has been working to develop Standard Operating Procedures for the pre-complaint process and formal complaint process. This will include standard form template letters to communicate to our customers, internal procedural matters, and benchmarks for timeframes for the EEO Counselors and Specialists. Part H for Measure E.4.b. STATEMENT of PROGRAM ESSENTIAL ELEMENT DEFICIENCY: Does the agency require all managers and supervisors to receive ADR training in accordance with EEOC (29 C.F.R. Part 1614) regulations, with emphasis on the federal government’s interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? OBJECTIVE: To ensure that all managers and supervisors receive ADR training. RESPONSIBLE OFFICIAL: Director, EDI DATE OBJECTIVE INITIATED: October 1, 2014
Part J: Special Program Plan for the Recruitment, Hiring, and Advancement of Individuals with Targeted Disabilities PART I: Department or Agency Information Agency: Department of Health and Services (DHHS) 2nd Level Component: National Institutes of Health (NIH) PART II: Employment Trend and Special Recruitment for Individuals with Targeted Disabilities Enter Actual Number at the: beginning of FY 2014 Number beginning of FY 2014 Percent end of FY 2014 Number end of FY 2014 Percent Net Change Number Net Change Rate of Change Total Work Force 18,372 100.00% 18,069 100.00% -303 -1.65% Reportable Disability 1,317 7.17% 1,273 7.05% -44 -0.12% Targeted Disability* * If the rate of change for persons with targeted disabilities is not equal to or greater than the rate of change for the total workforce, a barrier analysis should be conducted (see below). 227 1.24% 220 1.22% -7 -3.08%
1. Total Number of Applications Received From Persons With Targeted Disabilities during the reporting period. N/A 2. Total Number of Selections of Individuals with Targeted Disabilities during the reporting period. N/A PART III Participation Rates in Agency Employment Programs Other Programs Number Disability Percent Targeted Disability Number Targeted Disability Percent Not Number Not Percent No Disability Number No Disability Percent 3. Promotions 1208 86 7.1% 14 1.2% 27 2.2% 1095 90.7% 4. Promotions 646 42 6.6% 6 0.9% 13 2.0% 587 90.9% 5. Employee Career Development Programs (includes 52 cases of unknown disability status and 4 cases of unknown pay plan) 459 24 5.2% 3 0.7% 4 0.9% 379 82.6% 5.a. Grades 5 – (includes 4 unknown cases of disability status) 44 2 4.5% 1 2.3% 1 2.3% 37 84.1% 5.b. Grades 13 – 14 285 16 5.6% 2 5.6% 1 0.4% 239 83.9%