Thursday, May 14, 2009

EEO Agencies Seek Substantial Increases in Funding and Staff for FY 2010

The Obama Administration is seeking substantial increases in the fiscal year 2010 budgets of the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The EEOC is requesting a budget of $367,303,000 for fiscal year 2010 and an additional 140 Full time equivalents (staff). This request represents an increase of $23.378 million from the fiscal year 2009 appropriation.

In the FY 2010 Budget Justification, EEOC explains the Chair's priorities as follows:

Since the establishment of the EEOC in 1965, much progress has been made in reducing illegal discrimination in the American workplace. Yet discrimination continues to be a substantial problem for too many people in America. Significant work remains to be done.
A key for the EEOC to be successful is a strong law enforcement and litigation program. Concrete steps will be taken to restore capacity to effectively investigate charges and litigate cases. While past EEOC focus has primarily been on individual cases of discrimination, the agency has stated its bipartisan desire to shift emphasis to combating systemic discrimination. A strong systemic program is crucial to battling unlawful patterns or practices of discrimination which have a broad impact on an industry, profession, company, or geographic location.
Recently enacted legislation will improve the EEOC’s law enforcement capability. The Lilly Ledbetter Fair Pay Act of 2009 restores the long standing EEOC position that discriminatory compensation decisions or other unlawful practices occur each time compensation is paid. We expect more charges to be filed as a result of this Act. The Americans with Disabilities Act (ADA) Amendments Act of 2008 restores congressional intent of the original ADA, and directs us to construe the term “disability” broadly. We will issue regulations interpreting the Act as well as conduct outreach activities to educate the public. We anticipate that in fiscal year 2010, more than 5,000 charges will be filed which will result in a significant increase to our workload.
In addition, we will address the Genetic Information Non-Discrimination Act (GINA) of 2008, which prohibits public and private employers from using genetic information in making employment decisions. The Commission will provide training programs and technical advice and assistance regarding GINA and its implementing regulations that we will issue in 2009.
Finally, the EEOC will utilize outreach efforts with stakeholder organizations on particular workplace issues or topics in the race context. Additionally, through our enforcement and litigation efforts, we will pursue charges for priority, novel or emerging legal issues in the context of race discrimination. http://www.eeoc.gov/abouteeoc/plan/2010budget/index.html#IA

The Department of Labor's budget request proposes an increase of $25.6 million and 213 FTE for the OFCCP. In the Secretary of Labor's budget justification, she reports:

The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTE and a new case management system. The additional FTE will support enforcement and outreach efforts related to compensation. Given the complexities of new procedures outlined in the two federal register notices – Interpreting Nondiscrimnation (Standards) and Voluntary Guidelines for Requirements of Executive Order (guidelines), OFCCP needs to place additional emphasis on outreach and training, as well as improving the various approaches and investigative techniques used to evaluate compensation. In addition, the program increase will also support litigation to amplify enforcement activities by funding external experts to verify OFCCP’s allegations and assessments to solidify its commitment to strong enforcement.In FY 2008, OFCCP made total financial settlements of $67,510,892 in back pay and annualized salary and benefits for a record 24,508 American workers who had been subjected to unlawful employment discrimination. This marks the fourth consecutive year that OFCCP has posted record enforcement numbers. http://www.dol.gov/dol/budget/2010/PDF/bib.pdf

The increase for OFCCP will reportedly restore the program to its 2001 levels.

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