Are regular (monthly/quarterly/semi-annually) EEO updates provided to management/supervisory officials by EEO program officials?

 X

Do EEO program officials coordinate the development and implementation of EEO Plans with all appropriate agency managers to include Agency Counsel, Human Resource Officials, Finance, and the Chief information Officer?

 X

Have time-tables or schedules been established for the agency to review its Merit Promotion Program Policy and Procedures for systemic barriers that may be impeding full participation in promotion opportunities by all groups?

X

This activity will be reviewed as part of the FHWA Work Group.  The Work Group and its objectives were discussed in the Executive Summary.

Have time-tables or schedules been established for the agency to review its Employee Recognition Awards Program and Procedures for systemic barriers that may be impeding full participation in the program by all groups?

 X

This activity will be reviewed by the Work Group.

Have time-tables or schedules been established for the agency to review its Employee Development/Training Programs for systemic barriers that may be impeding full participation in training opportunities by all groups?

 X

This activity will be reviewed by the Work Group. 

Does the agency have a disciplinary policy and/or a table of penalties that covers employees found to have committed discrimination?

 X

The Agency is working on developing this action.

Have all employees, supervisors, and managers been informed as to the penalties for being found to perpetrate discriminatory behavior or for taking personnel actions based upon a prohibited basis?

 X

The Agency is working on developing this action.

Has the agency, when appropriate, disciplined or sanctioned managers/supervisors or employees found to have discriminated over the past two years?

 X

No findings of discrimination.

If so, cite number found to have discriminated and list penalty /disciplinary action for each type of violation.

Does the agency promptly (within the established time frame) comply with EEOC, Merit Systems Protection Board, Federal Labor Relations Authority, labor arbitrators, and District Court orders?

 X

Does the agency review disability accommodation decisions/actions to ensure compliance with its written procedures and analyze the information tracked for trends, problems, etc.?

 X

A system needs to be developed to check with Human Resources to obtain this information.

Do senior managers meet with and assist the EEO Director and/or other EEO Program Officials in the identification of barriers that may be impeding the realization of equal employment opportunity?

 X

This activity will be reviewed by the Work Group.

When barriers are identified, do senior managers develop and implement, with the assistance of the agency EEO office, agency EEO Action Plans to eliminate said barriers?

 X

This activity will be reviewed by the Work Group.

Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans?

 X

This activity will be reviewed by the Work Group. 

Are trend analyses of workforce profiles conducted by race, national origin, sex and disability?

 X

This activity will be reviewed by the Work Group.

Are trend analyses of the workforce's major occupations conducted by race, national origin, sex and disability?

 X

This activity will be reviewed by the Work Group.

Are trends analyses of the workforce's grade level distribution conducted by race, national origin, sex and disability?

 X

This activity will be reviewed by the Work Group.

Are trend analyses of the workforce's compensation and reward system conducted by race, national origin, sex and disability?

 X

This activity will be reviewed by the Work Group.

Are trend analyses of the effects of management/personnel policies, procedures and practices conducted by race, national origin, sex and disability?

 X

This activity will be reviewed by the Work Group.

Are all employees encouraged to use ADR?

X 

Is the participation of supervisors and managers in the ADR process required?

X

The FHWA uses the ADR Program developed by the U.S. DOT which does not require mandatory participation.

Does the EEO Office employ personnel with adequate training and experience to conduct the analyses required by MD-715 and these instructions?

 X

Has the agency implemented an adequate data collection and analysis systems that permit tracking of the information required by MD-715 and these instructions?

X

The U.S. DOT is in the process of developing the necessary program to meet the requirements for data collection.

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?

 X

The Work Group will review this and develop an action plan.

Is there 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?

 X

The Work Group will review this and develop an action plan.

Are 90% of accommodation requests processed within the time frame set forth in the agency procedures for reasonable accommodation?

 X

The Work Group will review this and develop an action plan. 

Does the agency use a complaint tracking and monitoring system that allows identification of the location, and status of complaints and length of time elapsed at each stage of the agency's complaint resolution process?

 X

Does the agency's tracking system identify the issues and bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information to analyze complaint activity and trends?

 X

Does the agency hold contractors accountable for delay in counseling and investigation processing times?

Not applicable.  The FHWA uses collateral duty EEO Counselors.

If yes, briefly describe how:

 

Does the agency monitor and ensure that new investigators, counselors, including contract and collateral duty investigators, receive the 32 hours of training required in accordance with EEO Management Directive MD-110?

 X

Does the agency monitor and ensure that experienced counselors, investigators, including contract and collateral duty investigators, receive the 8 hours of refresher training required on an annual basis in accordance with EEO Management Directive MD-110?

 X

Are benchmarks in place that compare the agency's discrimination complaint processes with 29 C.F.R. Part 1614?

X

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?

 X

Does the agency provide an aggrieved person with written notification of his/her rights and responsibilities in the EEO process in a timely fashion?

 X

Does the agency complete the investigations within the applicable prescribed time frame?

X 

Formal complaints process managed by the U.S. DOT.

When a complainant requests a final agency decision, does the agency issue the decision within 60 days of the request?

 X

Formal complaints process managed by the U.S. DOT.

When a complainant requests a hearing, does the agency immediately upon receipt of the request from the EEOC AJ forward the investigative file to the EEOC Hearing Office?

 X

Formal complaints process managed by the U.S. DOT.

When a settlement agreement is entered into, does the agency timely complete any obligations provided for in such agreements?

 X

Does the agency ensure timely compliance with EEOC AJ decisions which are not the subject of an appeal by the agency?

 X

In accordance with 29 C.F.R. §1614.102(b), has the agency established an ADR Program during the pre-complaint and formal complaint stages of the EEO process?

 X

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?

 X

After the agency has offered ADR and the complainant has elected to participate in ADR, are the managers required to participate?

X 

The U.S. DOT developed the OneDOT Shared Neutrals Program for the Operating Administrations.  The ADR procedures do not require mandatory participation.

Does the responsible management official directly involved in the dispute have settlement authority?

 X

Does the agency have a system of management controls in place to ensure the timely, accurate, complete and consistent reporting of EEO complaint data to the EEOC?

X 

Formal process managed by the U.S. DOT for the Operating Administrations.

Does the agency provide reasonable resources for the EEO complaint process to ensure efficient and successful operation in accordance with 29 C.F.R. § 1614.102(a)(1)?

 X

Formal process managed by the U.S. DOT.

Does the agency EEO office have management controls in place to monitor and ensure that the data received from Human Resources is accurate, timely received, and contains all the required data elements for submitting annual reports to the EEOC?

 X

Formal process managed by the U.S. DOT.

Do the agency's EEO programs address all of the laws enforced by the EEOC?

 X

Does the agency identify and monitor significant trends in complaint processing to determine whether the agency is meeting its obligations under Title VII and the Rehabilitation Act?

X

Formal process managed by the U.S. DOT.

Does the agency track recruitment efforts and analyze efforts to identify potential barriers in accordance with MD-715 standards?

 X

This activity will be reviewed by the Work Group.

Does the agency consult with other agencies of similar size on the effectiveness of their EEO programs to identify best practices and share ideas?

 X

Formal process is managed by the U.S. DOT.

Are legal sufficiency reviews of EEO matters handled by a functional unit that is separate and apart from the unit which handles agency representation in EEO complaints?

 X

Formal process managed by the U.S. DOT.

Does the agency discrimination complaint process ensure a neutral adjudication function?

 X

Formal process managed by the U.S. DOT.

If applicable, are processing time frames incorporated for the legal counsel's sufficiency review for timely processing of complaints?

 X

Formal process managed by the U.S. DOT.

Does the agency have a system of management control to ensure that agency officials timely comply with any orders or directives issued by EEOC Administrative Judges?

 X

Does the agency have control over the payroll processing function of the agency? If Yes, answer the two questions below.

 X

Are there steps in place to guarantee responsive, timely, and predictable processing of ordered monetary relief?

 X

Are procedures in place to promptly process other forms of ordered relief?

 X

Is compliance with EEOC orders encompassed in the performance standards of any agency employees?

X

This is currently being reviewed by the FHWA Human Resource Office.

If so, please identify the employees by title in the comments section, and state how performance is measured.

Is the unit charged with the responsibility for compliance with EEOC orders located in the EEO office?

 X

If not, please identify the unit in which it is located, the number of employees in the unit, and their grade levels in the comments section.

Have the involved employees received any formal training in EEO compliance?

 X

Does the agency promptly provide to the EEOC the following documentation for completing compliance:

Attorney Fees: Copy of check issued for attorney fees and /or a narrative statement by an appropriate agency official, or agency payment order dating the dollar amount of attorney fees paid?

X

Awards: A narrative statement by an appropriate agency official stating the dollar amount and the criteria used to calculate the award?

 X

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?

 X

Compensatory Damages: The final agency decision and evidence of payment, if made?

 X

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?

 X

Personnel Actions (e.g., Reinstatement, Promotion, Hiring, Reassignment): Copies of SF-50s

 X

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.

 X

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).

 X

Final Agency Decision (FAD): FAD or copy of the complainant's request for a hearing.

 X

Restoration of Leave: Print-out or statement identifying the amount of leave restored, if applicable. If not, an explanation or statement.

 X

Civil Actions: A complete copy of the civil action complaint demonstrating same issues raised as in compliance matter.

 X

Settlement Agreements: Signed and dated agreement with specific dollar amounts, if applicable. Also, appropriate documentation of relief is provided.

 X