MEMORANDUM SEE DISTRIBUTION DEPARTMENT OF THE ARMY OFFICE OF THE ASSISTANT SECRETARY MANPOWER AND RESERVE AFFAIRS 1901 SOUTH BELL STREET 2 ND FLOOR ARLINGTON, VA 22202-4508 October 15, 2004 SUBJECT: Preparation of the First Annual Report under EEOC Management References: 1. Equal Employment Opportunity Commission (EEOC) Management Directive (MD) 715, October 22, 2003 2. EEOC Letter September 8, 2003, MD 715 and 2003 Reporting Requirements EEOC has issued MD 715 to replace MDs 712, 713 and 714, it can be obtained from the EEOC website: http://www.eeoc.gov/federal/715instruct/index.html. The instructions change reporting requirements that were promulgated in MD 714 more than twenty years ago. This office has met with EEOC numerous times in the development of the MD and has obtained Army specific requirements. The result of this interaction changes and supplements some of the instructions found on the EEOC web site. In addition, some of the general instructions have also been changed and are not currently reflected on the EEOC web site but are included in the memorandum and will be clarified even further in follow on guidance. The most important step report preparers can take is to read the MD in its entirety. The reporting requirements are such that a cursory review of the MD will not provide the information needed to complete EEOC form MD 715-01 or to complete the additional reports required supporting the form. A copy of the template is on the DA EEO web sites at http://eeoa.army.pentagon.mil/web/doc library/md715-01.dot. The Census tool found at http://www.census.gov/eeo2000/ contains the civilian labor force statistic but compliance with Adarand guidelines is still required in order to select the correct geographical area. The federal EEO standard is that the workforce is compared with the civilian labor force statistic. There are issues and challenges with the HR data system matching the requirements of MD 715. DOD EEO has stated that it will submit a systems change request to Civilian Personnel Management Service (CPMS) to update the HR system to match the MD 715 requirements. However, that is a lengthy process and will not be completed in time for this year's report. We have asked the Army database developers for HQ ACEPRS and its replacement, HQ ACPERS II, to include the census data in the reporting universes, but the deployment of that product while imminent, may be delayed. Therefore, we have designed a spreadsheet, cross walked with EEOC, which Printed on Recycled Paper
-2- is more complete than the one provided on the EEOC web site. The occupational series used in the Army and their associated census and standard occupational category codes are provided at http://eeoa.army.pentagon.mil/web/doc li brary/eeocategories.xls. Key components of the report are that conclusions based on representations or participation rates, and barriers experienced by members of EEO groups be based on sound statistical methods. This reinforces the instructions issued by the US Department of Justice in its Post Adarand Guidelines. To reach those conclusions, the EEOC form MD 715-01 requires that all of the data tables be completed in order to demonstrate the representation conclusions and barrier analyses reported in Part E. Although the MD does not provide a clear definition of underrepresentation, the definition to be used in the report is that underrepresentation is the result of conditions in which the representation of EEO groups is lower than expected. Although the forms require a comparison between reporting years, for this initial report, only one this year's data will be provided. This establishes a baseline from which future comparisons can be based. I n addition, the EEOC instructions for statistics that measure leadership demographics have been altered in that the data fields that show supervisory status (in BOA, SupvStatusDesc) will be substituted for the leadership values found in the EEOC instructions because Army's data are more accurate. The data reported will separate senior executives from other pay plans and grades. This means that senior executive pay plans (those that start with "E", "S", "I") will be reported individually, GS 15, 14, and 13s will be reported individually as they have been in the past and as provided on the EEOC data tables. Pay banded employees will be captured in a separate section. Data tables that ask for "GS/GM" employees will be interpreted to mean all appropriated fund pay plans, except for blue collar. On EEOC form MD 715-01 Part A, the requirement is to capture the parent command of the EEO office preparing the report, while part D, and it's associated data tables, are used to capture the total serviced population. Further examples will be provided on the HQDA EEO web site. One of the most radical changes found in the MD is the move from PATCOB to the FED9 (captioned EE01 on the census tool) and census codes and occupational categories. The detailed explanation of the use of standard occupational categories is found at http://www.eeoc.qov/stats/census/index.html. The census data files require that you select discrete locations, called Federal Information Processing Standards
-3- (FIPS) codes, but because Army organizations exist in multiple locations, EEOC has stated that you can select the most representative statistical area (FIPS) for the report, but that you must provide, in the footnotes, the reason that particular FIPS was selected. Other changes involve deletion of previously used sections and reformatting of others. The previous section for Noteworthy Activities has been deleted; however, the annual Special Emphasis Program reports will be included in the Executive Summary on EEOC Form MD 715-01 Part E. Although the MD has sections on program efficiency and the self assessment checklist, Part I will include a report on organization and resources that will detail issues such as connectivity to the Army database of record, EEO counselor management, Resolution program management and resources expended on EEO program areas such as MCRP and other special programs. We have informed the commission that not all the data required for the report are available, such as applicant pool data, and that the report preparation is labor intensive. In any event, the Army intends to make its best effort to comply with the MD. Many of Army's initiatives and special areas of focus are already included in the MD, and even though the section on noteworthy activities has been removed, reports will continue to be provided and included in Part E of EEOC form MD 715-01. Other areas of special interest that will be reported in Part E, as well as supporting data tables in the appendix, include: numbers of individuals trained in Prevention of Sexual Harassment (POSH), MCRP, summer youth programs, special emphasis programs, community outreach, career program management, CAP, and special outreach programs for persons with disabilities. The 462 data will be analyzed in Part E and address the issues shown in the appropriate portions of the Model EEO program and the self-assessment checklist i n the executive summary. The 462 analyses will provide an explanation of Parts 1-12 of the data for EEOC form 462. If any of the areas are not within the federal norm, an explanation of the deviation will be provided. The narrative will provide an analysis of the impact the EEO complaint process has on the organization's EEO program including the impact of ADR on the resolution of EEO complaints. All employees, covered by Title VII of the Civil Rights Act (CRA) and the laws and federal guidelines that supplement the CRA, require that an Affirmative Employment Program Plan cover all of those employees. However, action items are a chain of command responsibility. This means that servicing EEO offices report on the services provided to their total serviced area, but action items are to be developed within the chain of command of the supporting and supported organization receiving the
-4- EEO services. This means that POSH training, EEO complaint processing and Special Emphasis Programs are reported for the total serviced area, but specific command action items are developed and managed within the chain of command EEO office unless specific agreements authorize the supporting EEO office to perform command directed action items outside of the supporting EEO office's chain of command. All EEO offices are required to submit the report to their next level of command for approval. This includes EEOC form MD 715-01, Self Assessment Checklist, all data tables, EEOC form 462 data, and all sections of the model program. All MACOMS/IRA/FOAs will send a copy of their report by email (paper submissions are not acceptable) to HQDA EEO before the report is sent to EEOC. All other EEO offices will email their completed EEOC form MD 715-01 Parts A-E, data tables, EEOC 462 report data, and self-assessment checklist to HQDA EEO as well as their MACOM/IRA/FOAs. All reports are due to this office NLT December 14, 2004. Reports are due to EEOC NLT January 31, 2005. One of the changes in MD 715 is that not all EEO offices are required to submit their reports to EEOC. Even so, EEOC has "reserved the right to spot check Army EEO offices for compliance" and to validate the MACOM/IRA/FOA submissions and data provided in the self-assessment checklist. This means that at any time EEOC will randomly select EEO offices and ask those offices to submit their total report and validate the reports with their MACOM/IRA/FOA self assessment checklist. In addition, the following command/agencies are the only components required to submit reports to EEOC. U.S. Army Materiel Command U.S. Army Military Surface Deployment and Distribution Command U.S. Army Military Entrance & Processing Command U.S. Army Office of the Secretary of the Army U.S. Army Space & Missile Defense Command U.S. Army Special Operations Command U.S. Army Medical Command U.S. Army NETCOM U.S. Army Corps of Engineers U.S. Army Forces Command
-5- U.S. Army Installation Management Agency U.S. Army Intelligence and Security Command U.S. Army Reserve Command U.S. Army, Europe & 7 th Army U.S. Army Training & Doctrine Command U.S. Army Human Resources Command The EEO web site will also provide modifications to the data table formats as well as PowerPoint presentations that illustrate the EEOC approved supplementations. EEOC has also allowed Army to use graphics in the submissions as long as the supporting data tables are provided. Point of contact for Affirmative Employment Program Reports is Mr. Michael Gautier, DSN 327-9655, COMM/TDD (703) 602-9655, MichaelG@HQDA.ARMY.MIL. Luther L. Sarttifu Director of Equal Employment Opportunity and Civil Rights DISTRIBUTION: OFFICE, SECRETARY OF THE ARMY COMMANDERS: US ARMY EUROPE AND SEVENTH ARMY US ARMY FORCES COMMAND US ARMY MEDICAL COMMAND/SURGEON GENERAL US ARMY INTELLIGENCE & SECURITYCOMMAND EIGHTH US ARMY US ARMY MATERIEL COMMAND US ARMY MILITARY DISTRICT OF WASHINGTON US ARMY MILITARY ENTRANCE PROCESSING COMMAND MILITARY TRAFFIC MANAGEMENT COMMAND US ARMY SPECIAL OPERATIONS COMMAND US ARMY SOUTH US ARMY SPACE & MISSILE DEFENSE COMMAND
-6- DISTRIBUTION: (CONT'D) US ARMY TRAINING & DOCTRINE COMMAND US ARMY PACIFIC CHIEF OF ENGINEERS US ARMY CRIMINAL INVESTIGATION COMMAND US ARMY TEST AND EVALUATION COMMAND US ARMY NETWORK ENTERPRISE TECHNOLOGY COMMAND SUPERINTENDENT: US MILITARY ACADEMY CF: HQDA (IMA) HQDA (HRC) HQDA (NGB) HQDA (OCAR)