ML22026A205
| ML22026A205 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/2020 |
| From: | NRC/SBCR |
| To: | |
| Garland, Stephanie - 301-415-2729 | |
| Shared Package | |
| ML22026A185 | List: |
| References | |
| NRC-2022-000059 | |
| Download: ML22026A205 (82) | |
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Page 1 EEOC FORM 715-02 PART A - D U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 PART A Department or Agency Identifying Information 1.
Agency 1.
Nuclear Regulatory Commission 1.a 2nd level reporting component Not Applicable (N/A) 2.
Address 2.
Office of Small Business and Civil Rights, Room O-3H8 3.
City, State, Zip Code 3.
Washington, DC 20555 4.
Agency Code 5.
FIPS code(s) 4.
NU00 5.
N/A PART B Total Employment 1.
Enter total number of permanent full-time and part-time employees 1.
2728 2.
Enter total number of temporary employees 2.
86 3.
TOTAL EMPLOYMENT [add lines B 1 through 2]
4.
2814 PART C Agency Official(s) Responsible For Oversight of EEO Program(s)
Title Type Name Title Head of Agency Christopher T. Hanson Chairman, Nuclear Regulatory Commission Head of Agency Designee Margaret Doane Executive Director for Operations Principal EEO Director/Official Vonna L. Ordaz Director Affirmative Employment Program Manager Tuwanda M. Smith Program Manager Complaint Processing Program Manager Stephen Smith Program Manager Diversity & Inclusion Officer Tuwanda M. Smith Program Manager Hispanic Program Manager (SEPM)
Dorothea Washington Program Manager Womens Program Manager (SEPM)
Dorothea Washington Program Manager Disability Program Manager (SEPM)
Dorothea Washington Program Manager Special Placement Program Coordinator (Individuals with Disabilities)
Kimberly English Manager/Employee Relations Specialist Reasonable Accommodation Program Manager Anne Silk Program Manager Anti-Harassment Program Manager Allison Robinson Program Manager ADR Program Manager Rhonda Dorsey Program Manager Compliance Manager Tuwanda M.Smith Program Manager Principal MD-715 Preparer Tuwanda M. Smith Program Managaer Other EEO Staff Jeanne Dempsey Deputy Director Other EEO Staff Larniece McKoy Moore Outreach Diversity & Inclusion Program Manager Other EEO Staff Alan De Leon Facilities Management Branch Other EEO Staff Stephanie Garland Affirmative Employment Program Specialist Other EEO Staff John Beatty Section 508 Coordinator
Page 2 EEOC FORM 715-02 PART A - D U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT For period covering October 1, 2019 to September 30, 2020 PART D List of Subordinate Components Covered in This Report Subordinate Component and Location (City/State)
Country Agency Code Nuclear Regulatory Commission King of Prussia, PA United States NU00 Nuclear Regulatory Commission Atlanta, GA United States NU00 Nuclear Regulatory Commission Lisle, IL United States NU00 Nuclear Regulatory Commission Arlington, TX United States NU00 EEOC FORMS and Documents Required Uploaded Anti-Harassment Policy and Procedures Y
Y EEO Policy Statement Y
Y Agency Strategic Plan Y
Y Personal Assistance Services Procedures Y
Y Reasonable Accommodation Procedure Y
Y Organization Chart Y
Y Alternative Dispute Resolution Procedures Y
Y Diversity Policy Statement N
Y EEO Strategic Plan N
N Results from most recent Federal Employee Viewpoint Survey or Annual Employee Survey N
N Human Capital Strategic Plan N
N Federal Equal Opportunity Recruitment Program (FEORP)
Report N
Y Disabled Veterans Affirmative Action Program (DVAAP) Report N
Y
Page 3 EEOC FORM 715-02 PART E.1 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- MISSION The U.S. Nuclear Regulatory Commissions (NRC) mission is to license and regulate the Nations civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment.
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F 1.
ELEMENT A: DEMONSTRATED COMMITMENT FROM AGENCY LEADERSHIP The U.S. Nuclear Regulatory Commission (NRC) is headed by a five-member Commission. The President of the United States designates one member to serve as Chairman and official spokesperson. The Commission as a whole formulates policies and regulations governing nuclear reactor and materials safety, issues orders to licensees, and adjudicates legal matters brought before it. The Executive Director for Operations (EDO) carries out the policies and decisions of the Commission and directs the activities of the program offices. The NRCs Commissioners, the EDO, and leaders throughout the agency remain committed to enforcing antidiscrimination laws and creating an environment that fosters equal employment opportunity (EEO) and promotes diversity and inclusion (D&I).
On May 18, 2020, the Chairman signed and issued a written EEO policy statement, which was distributed through an agency yellow a nnouncement (YA-20-0038) to all NRC employees. The statement expresses the NRCs commitment to the principles of EEO and to eliminating unlawful discrimination in the workplace. It includes the following points: The NRC will continue to demonstrate fairness and equity for all employees and job applicants, regardless of their race, color, religion, sex (including sexual orientation, gender identity, and pregnancy), national origin, age, disability, marital status, parental status, political affiliation, military service, or genetic information. The NRC will also continue to prevent reprisals against current and former employees and applicants who have either participated in a protected activity or opposed practices made unlawful by civil rights statutes and regulations. The NRC will continue to be vigilant in cultivating a civil workplace by addressing and eliminating all forms of harassing behavior and misconduct, discrimination, and retaliation. All NRC employees must accept responsibility and accountability for ensuring compliance with all nondiscrimination laws and policies. In addition, managers and supervisors bear a greater responsibility for safeguarding EEO for all employees by taking prompt and appropriate action to enforce this policy when incidents involving workplace harassment and discrimination are brought to their attention.
On May 18, 2020, the Chairman signed and issued a written policy statement on diversity management, which was distributed through an agency yellow announcement (YA-20-0037) to all NRC employees. The statement expresses the NRCs commitment to D&I initiatives. It includes the following points: It is the NRCs policy to consider D&I in all agency program operations, including recruitment, hiring, promotion, advancement, and other selection activities, as well as developmental and training opportunities and interagency working groups. This is in line with Executive Order 13583, Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workplace, dated August 18, 2011, which asserts that the Federal Government should be a model of equal opportunity, diversity, and inclusion. The Commission expects NRC management to create and support an open, collaborative work environment that is inclusive and enables employees to receive the assistance they need to reach their fullest potential and use their diverse talents to fulfill the agencys safety and security mission. The Commission also expects employees to get involved and participate by understanding and valuing differences, cultures, and backgrounds.
On May 19, 2020, the Chairman signed and issued a written policy statement on alternative dispute resolution (ADR), which was distributed through an agency yellow announcement (YA-20-0033) to all NRC employees. The statement expresses the NRCs commitment to promoting and sustaining a work environment that is effective, efficient, and agile, where all employees are treated with trust, dignity, and respect and are guided by the principles of independence, clarity, and reliability in carrying out regulatory activities. The statement emphasizes that under the Alternative Dispute Resolution Act of 1966, Federal agencies are authorized and strongly encouraged to use ADR in preference to traditional forms of dispute resolution. Furthermore, the statement asserts that managers and supervisors have a duty to act and participate in ADR as needed to resolve workplace disputes and conflicts, and that everyone should consider the benefits of ADR in decreasing the time, cost, and other resources ordinarily expended in resolving workplace disputes.
The above policy statements are prominently posted in the Office of the Chief Human Capital Officer (OCHCO) (which is the personnel office) and the Office of Small Business and Civil Rights (SBCR) (herein referred to as the EEO office). The EEO policies are also posted on the NRCs internal Web site, on bulletin boards throughout Headquarters and regional offices, and on the NRCs external (public) Web site.
On June 22, 2020, the SBCR Director (herein referred to as EEO Director) signed and issued a written statement on racial injustice and c urrent events, which was distributed through an agency yellow announcement (YA-20-0047) to all NRC employees. The statement condemns acts of racial injustice. While acknowledging that conversations about social and racial issues can be difficult and uncomfortable for many people, it expresses the belief that for the NRC to be a viable, sustainable, and high-performing organization, employees must discuss these issues, particularly as they affect how individuals interact with one another in the workplace. The statement also emphasizes that the NRC takes strong stances on diversity, inclusion, affirmative employment, and equal opportunity.
On September 25, 2020, the EEO Director signed and issued a written statement on the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), together with a notification of employee rights, which was distributed through an agency yellow announcement (YA-20-0072) to all NRC employees. The statement covers the following points: On May 15, 2002, Congress enacted the No FEAR Act. Accordingly, the NRC notified employees of their rights in the workplace. The intent of the No FEAR Act has always been to reduce the incidence of workplace discrimination by holding agencies accountable, and to reinvigorate their obligation to provide work environments free of discrimination and retaliation. Pursuant to Section 301 of the No FEAR Act, the NRC has posted 2020 summary statistical data on complaints of employment discrimination filed by employees, former employees, and applicants for employment on its public Web site, at https://www.nrc.gov/about-nrc/civil-rights/crp/dca.html.
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F Information about the agencys EEO discrimination precomplaint and formal complaint processes and instructions for filing an EEO complaint are posted on the NRCs internal Web site and published in the EEO Discrimination Complaint Process Pamphlet; in NUREG/BR0333, Know Your EEO Rights: Equal Employment Opportunity is the LAW, issued May 2007; on bulletin boards throughout Headquarters and regional offices; and on the NRCs external (public) Web site. Consistent with Equal Employment Opportunity Commission (EEOC) regulations, the NRC prominently posts business contact information for the agencys EEO counselors, EEO officers, Special Emphasis Program Manager, and EEO Director.
On November 3, 2020, the Chief Human Capital Officer signed and issued a written statement on the NRCs Policy for Preventing and Eliminating Harassing Conduct in the Workplace, which was distributed through an agency yellow announcement (YA-20-0084) to all NRC employees. The statement notes that OCHCO has updated and expanded its policy statement to include the following protected categories:
age, color, disability, gender expression, gender identity, genetic information, national origin, pregnancy, race, religion, sex, sexual orientation.
It also prohibits retaliation against individuals engaging in protected EEO activity in the workplace. The statement mentions that apart from these changes, the policy still provides specific procedures for reporting, investigating, and resolving allegations of harassment. It also mentions that OCHCO has created a new online training course that is available for all staff, NRC Policy and Procedure for Preventing and Eliminating Harassing Conduct in the Workplace, which provides further details on the antiharassment policy and procedures. The policy can be found on the OCHCO Web site at https://usnrc.sharepoint.com/sites/ochco-hub/PDF/Harassment/eliminating-harassment.
To fulfill Executive Order 13548, Increasing Federal Employment of Individuals with Disabilities, dated July 26, 2010, the NRC strengthened its relationship with Gallaudet University, the Wounded Warrior Project, and the U.S. Department of Labors Workforce Recruitment Program (WRP) by accessing their résumé databases to search for candidates for administrative assistant, information t echnology, and temporary summer student positions, which led to several summer hires. The NRC also participated in the U.S. Department of Defense (DOD) Operation War Fighter program, which provides Federal internship opportunities in a supportive work setting to recovering service members. NRC staff participated in the Equal Opportunity Publications Careers and the disABLED fair and the Service Academy Career Conference. The NRC also posts jobs on job boards for persons with disabilities (PWD) and persons with targeted disabilities (PWTD), including AbilityJobs.com and GettingHired.com, and shares jobs with the Maryland Department of Rehabilitative Services. In June 2020, the NRC staff conducted an informational session with Wounded Warrior Project constituents on special hiring authorities, which resulted in one hire. In addition, the agency has an annual media plan that includes media buys with GettingHired.com (which places the NRC logo and company profile page on the GettingHired.com home page, creates online job postings directing candidates to available NRC positions, and includes two call-outs in its monthly newsletter, which has a distribution of 150,000 job-seekers and community partners),
AbilityJobs.com (which provides a banner ad on its website, unlimited job postings, and résumé search), and DiversityComm, Inc. (which includes a print ad in DIVERSEability magazine and social media posts in a variety of other DiversityComm publications). Also, during its open period, the NRC promotes any vacancies that are open to the public, competitive and excepted service, veterans, and PWD.
Thanks to these actions, the NRC achieved the following key performance results: (1) Ninetythree résumés from internal and external sources were referred to vacancy announcements, human resources specialists, or hiring managers. (2) Of these referrals, 14 were résumés from the WRP database that were considered for the Temporary Summer Student Program. Seven offers were extended to these applicants; four accepted, two declined, and one withdrew from consideration. (3) A Wounded Warrior was referred and subsequently hired as an i ntelligence analyst. (4) One temporary summer student hired through the WRP requested and received reasonable accommodations to fully participate in the internship, and another student from the WRP accepted an offer to return for a second internship over winter break.
In addition, the NRC took the following actions to increase hiring of PWD and PWTD: (1) It continued to implement the Disability Affirmative Action Plan (AAP). (2) It promoted the use of Schedule A or equivalent hiring authority by providing training for supervisors on special hiring authorities and forwarding résumés of eligible applicants to hiring managers. (3) To improve career advancement opportunities for PWD and PWTD, the NRC offered training, internship, and mentoring programs. As a result of these activities, the NRC hired 13 PWD, including one PWTD. For comparison, the agency had eight PWD hires, including one PWTD hire, in fiscal year (FY) 2019.
The NRCs Disability AAP includes the required Federal benchmark goal of a 12percent representation rate for PWD, both at the GG-11 level and above (including the Senior Executive Service (SES)) and at the GG-10 level and below. The AAP goals also include a 2percent representation rate for PWTD, both at the GG-11 level and above (including SES) and at the GG-10 level and below. Although the NRC has not yet achieved the benchmark goals, it has shown progress by increasing the number of PWD. The NRCs Disability Program Strategic Project Plan 2019-2024 (Disability Strategic Plan) focuses on the key requirements of Section 501 of the Rehabilitation Act of 1973, and on increasing the employment of PWD and improving conditions for PWD within the agency, as required by Executive Order 13548.
Since early March 2020, the NRCs Reasonable Accommodations Program (RAP), like those of other agencies and organizations, has been affected by the Coronavirus Disease 2019 (COVID-19) pandemic. In order to maintain mission work during the pandemic, the NRC adjusted its telework policies, shifting the majority of employees to remote work. This changed the need for assistive technology (AT) and AT devices, as individuals learned they needed AT for their homes. Employees who had received accommodations at their NRC offices requested, and in some cases received, duplicate tools for use in their telework locations. In FY 2020, the RAP provided accommodations to 115 NRC employees to help them work efficiently regardless of their work environment. The NRC shipped items to employees telework locations,
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F conducted telephone and virtual assessments to help identify the appropriate AT accommodations or products, and created awareness and disseminated information using virtual outreach methods such as webinars, training courses, and Microsoft Teams meetings. The most commonly provided accommodations were ergonomic chairs and sit-to-stand desks. In October 2020, Federal agencies were notified that the DODs Computer/Electronic Accommodations Program (CAP) would no longer be funded to procure AT and AT devices for non-DOD agencies. However, the CAP staff would continue to conduct assessments, provide information, make referrals, and help non-DOD agencies determine the appropriate AT and AT devices to purchase. The NRC will continue to use the DODs CAP services, along with other resources such as the Job Accommodation Network, State Vocational Rehabilitation Services, and the Interagency Disability Educational Awareness Showcase, to support reasonable accommodation requests and return-to-work needs.
1.
ELEMENT B: INTEGRATION OF EEO INTO THE AGENCYS STRATEGIC MISSION Equality of opportunity is essential to the NRCs ability to attract, develop, and retain the most qualified workforce to support the agencys achievement of its mission. The EEO Director meets regularly with the agency head, senior leadership, and management officials to report on the effectiveness, efficiency, and compliance of the agencys affirmative employment (e.g., Title VII and Rehabilitation Act) and diversity m anagement programs. The Director performs or oversees the following duties, tasks, and activities:
verification that the EEO office has the program budget, staffing, and resources needed to conduct agency self-assessments and barrier analyses; to process EEO complaints promptly, thoroughly, and fairly; to provide EEO training to supervisors and employees; to conduct EEO program audits of NRC Headquarters and field offices; to publish EEO materials; and to maintain accurate data collection and analysis systems for EEO complaints, workforce demographics, applicant flow data, and other metrics.
implementation and maintenance of an effective affirmative employment program, special emphasis program, and civil rights program coordination of efforts with other NRC offices to ensure effective implementation, delivery, and maintenance of programs not conducted by the EEO office, including disability accessibility, reasonable accommodations, and personal assistant services covered by NRC regulations and Sections 501, 504, and 508 of the Rehabilitation Act; educational development and career placement programs; and grant and contract administration programs, among others timely compliance with EEOC instructions, Merit Systems Protection Board instructions, and court orders; recommendation of improvements to the Chairman and the EDO participation in agency strategic planning meetings to ensure that they consider EEO and D&I principles regular meetings with the EDO and Chairman to discuss EEO programs, compliance with EEOC Management Directive 715 (MD-715),
barrier analysis, and EEO and human capital briefings verification that the EEO office participates in senior-level staff meetings on human resources/personnel, budget, technology, and workforce issues, and on changes that might negatively affect protected EEO groups, including changes to recruitment strategies, vacancy projections, succession planning, selections for training or career development opportunities, awards, and retention policies meetings with Office Directors and Regional Administrators on office-specific strategies to advance EEO and diversity goals verification that the EEO office maintains a civil rights Web site and a wide range of communication media to convey EEO regulations, fair practice laws, and relevant information In 2020, the NRC had 3 full-time EEO counselors, 2 part-time EEO counselors, 25 collateralduty EEO counselors, and 1 contract EEO c ounselor. Two new collateralduty EEO counselors received 32 hours3.703704e-4 days <br />0.00889 hours <br />5.291005e-5 weeks <br />1.2176e-5 months <br /> of EEOC training. Twenty-three experienced EEO counselors received the 8-hour refresher training. The NRC investigative services contract requires contract employees to undergo mandatory investigative training.
The NRC provides managers, supervisors, and team leaders with initial training for newly hired internal/external employees in these positions
) and refresher training, which is required every 3 years, both of these trainings are offered annually. This training informs managers and supervisors of their responsibilities and accountability under civil rights laws, NRCs performance expectations and provides them with insight regarding how their responsibilities figure into the success of the agencys EEO program and overall mission. In 2020, the EEO office hosted four courses. These 1-day courses discussed management roles and responsibilities and enhanced managements awareness across D&I, human resources, and EEO topics, providing training on the following:
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F 1.
affirmative employment and diversity management; purpose of affirmative employment programs; connecting EEO to merit systems principles and prohibited practices; MD-715 affirmative employment guidance, requirements, and reporting; using data collections to drive decisions; MD-715 Part G and workforce analysis; managers and supervisors EEO responsibilities; Governmentwide D&I initiatives; the NRCs Comprehensive Diversity Management Plan (CDMP); implicit bias; the New Inclusion Quotient (New IQ); Federal Employee Viewpoint Survey engagement, D&I, and New IQ ranking and scores; the NRCs EEO and diversity efforts; managers and supervisors D&I responsibilities (including effective communications and interpersonal skills) 1.
human resources policies, practices, and procedures; Section 501 compliance; 2020 Disability AAP; revised RAP plan, policy, and procedures; revised Disability Strategic Plan; Human Capital Strategic Plan; NRC hiring authorities (with emphasis on PWD); Federal Employment Opportunity Recruitment Program report and plan; Disabled Veterans Affirmative Action Program report and plan; antiharassment policy and procedures 2.
EEO process and the role of the manager; role of the Office of the General Counsel; ADR regulations, program, and participation; EEO laws, legislation, practices, and updates.
The NRC has continuously involved managers and employees in the implementation of its Title VII and Rehabilitation Act programs. The NRC has eight EEO Advisory Committees (also known as Special Emphasis Committees) to help agency management achieve EEO and diversity objectives. These include (1) the Advisory Committee for African Americans, (2) the Advisory Committee for Employees with Disabilities, (3) the Asian Pacific American Advisory Committee, (4) the Diversity Advisory Committee on Ageism, (5) the Federal Womens Program Advisory Committee, (6) the Hispanic Employment Program Advisory Committee, (7) the Native American Advisory Committee, and (8) the NRC Pride Alliance Advisory Committee. These committees enhance opportunities for all employees and applicants for employment by providing advice and recommendations to the EEO Director on factors that affect selection, promotion, placement, training and development, and upward mobility. The NRC has established an Executive Sponsor Program to help the EEO Advisory Committees operate efficiently and effectively. Each committee has an SES sponsor, who serves as a sounding board, mentor, and coach for the committees planning and activities. Management encourages employees to participate in EEO committees, activities, and cultural events.
In FY 2020, the EEO Advisory Committees and the NRCs Veterans Employee Resource Group (VERG) prepared a joint statement for the 2020 annual EEO briefing to update the Commission, agency senior executives, employees, and the public on EEO and D&I issues and agencywide performance results. The EEO Advisory Committees and resource and affinity groups sponsored cultural events (held virtually because of the COVID-19 pandemic), as well as lunchandlearn seminars on EEO, to allow discussion of D&I topics in an open environment. For example, the agencys Diversity Management Advisory Committee and other advisory committees, along with the EEO office, cosponsored a 2-day virtual summit called Embracing Diversity and Inclusion in the Workplace, where NRC employees and subject matter experts discussed how race, ethnicity, gender, sexual orientation, disability status, and other life experiences affect our interactions, as well as how to build an agency culture that is respectful and affirming of all staff. The summit also provided training on data analytics and implicit and unconscious bias. Close to 500 employees attended the virtual summit. In addition, the EEO Advisory Committees sponsored a series of virtual roundtable discussions.
The NRC chapter of Blacks in Government is an affinity group that helps agency management accomplish EEO and diversity objectives.
The VERG promotes services and support related to recruitment, career development, upward mobility, and retention for NRC employees who are veterans. The VERG advises agency management and staff on their responsibilities and on ways to support veterans at the NRC.
In addition to the leadership that the EEO office provides to the VERG, both VERG members and all veterans at the NRC have access to the agencys Veterans Employment Coordinator (VEC), who provides veterans with personal assistance on a variety of issues related to Federal employment. The VECs tasks include screening inquiries from the fedshirevets.gov portal, explaining special hiring authorities, reviewing ré sumés, and counseling veterans on their qualifications. The VEC helps veterans navigate the USAJOBS vacancy announcement system, set up vacancy searches and employment notifications, and apply for vacant positions.
The NRC Technical Womens Network creates a supportive community for women in technical fields who aspire to develop leadership and other professional skills.
The NRCs Inclusive Diversity Strategic Plan (IDSP) provides a blueprint for linking the agencys D&I initiative to its mission, transformation efforts, and efforts to enhance organizational culture.
The NRCs Comprehensive Diversity Management Plan (CDMP), which supports the IDSP, sets expectations for individuals (both management and employees) and guides their behaviors and decisions, in order to achieve both D&I and EEO objectives. One CDMP objective requires the NRC to attract, recruit, retain, and cultivate a diverse leadership that reflects the diversity of American society, by communicating, accounting for, and modeling inclusive diversity behaviors. All NRC offices submit biannual reports on their performance.
EEO Advisory Committees work collectively to ensure that the CDMP goals are met. In addition, each regional office has a Diversity Management Advisory Council that helps the Regional Administrators create open and collaborative environments.
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F In FY 2018, as the NRC adopted an enterprise risk management framework to enhance its performance management, the EEO office introduced a risk citing the strategic imperative of sustaining the agencys commitment to D&I to ensure organizational effectiveness and employee engagement. One of the strategies identified to mitigate this risk was the reexamination of the CDMP for use beyond data collection to meet external reporting requirements (e.g., the MD-715 report). To fulfill the need for demonstrable commitment to D&I, the EEO office transformed the CDMP into an integrated document that would facilitate the analysis of internal organizational trends and strategically address agency objectives. In revamping the CDMP, the EEO office has balanced the original focus on external reporting with an internal focus on benchmarking effective practices to improve D&I throughout the NRC. In 2020, the EEO office continued to promote t he CDMP methodology to help office leaders attract, recruit, retain, and cultivate a diverse leadership reflecting the diversity of American society, by communicating, accounting for, and modeling inclusive behaviors.
The NRC continues to strengthen organizational effectiveness by expanding D&I awareness through its Diversity Management and Inclusion Council (DMIC), which focuses on workforce strategies, communication and outreach, education and training, and measurement and evaluation. The DMIC was formed in accordance with Executive Order 13583. The DMICs charter (dated January 12, 2021) aligns with the NRCs mission. Its goals are to promote workforce diversity, promote workforce inclusion, and enhance workforce sustainability.
The DMIC identifies workforce barriers and makes recommendations on how to eliminate them to increase fairness, equity, and D&I. The DMIC consists of 17 individuals, of whom 13 (76 percent) are employees and 4 (24 percent) come from senior leadership. In FY 2020, all DMIC members received EEO and D&I training. A total of 31 members of senior leadership and 583 employees participated in formal D&I training in FY 2020. At this time, all NRC employees have been briefed on the NRCs D&I policies at Commission meetings.
The EEO office, along with the DMIC, sponsors initiatives to promote D&I awareness and provide a forum for open discussion of diversity related topics. An example is the Diversity Inclusion AwarenessLeading Organizational Growth, Understanding, and Engagement program, known as DIALOGUE. The DIALOGUE program helps participants develop a greater appreciation of diverse groups and their positive contributions to the agencys mission. Cohorts of participants from different backgrounds engage in regular facilitated discussion sessions on a variety of topics related to diversity and engagement. Each cohort consists of about 15-20 participants who meet for 12 weekly 2hour sessions. The program has completed 12 cohorts since its inception in 2017. DIALOGUE Ambassadors provide an empathetic ear to employees, which may contribute to the early resolution of misunderstandings in the workplace.
1.
ELEMENT C: MANAGEMENT AND PROGRAM ACCOUNTABILITY The NRC conducts office-specific audits, and an internal audit of its EEO program, as described in Part E.3 of the MD715 report. The NRC has taken the following actions: (1) The EEO office conducts an annual internal audit of the NRCs EEO programs, as well as biannual and sporadic reviews of NRC offices throughout the year. (2) EEO procedures are established and posted on the agencys civil rights Web site, conveyed to supervisors and managers during EEO training (including lunchandlearn seminars on EEO topics), made available in NRC guidance materials and internal control documents, communicated through policy statements and yellow announcements, and posted on bulletin boards throughout NRC Headquarters and regional offices. (3) OCHCO ensures that NRC personnel policies are clear and consistently implemented by managers and supervisors. (4) The NRC has issued notification of the No FEAR Act and the agencys antih arassment policy. (5) The NRC has issued a comprehensive reasonable accommodations policy and has published procedures that comply with applicable executive orders, EEOC guidance, and the Uniform Federal Accessibility Standards and Electronic and Information Technology Accessibility Standards of the Architectural and Transportation Barriers Compliance Board. (6) The EEO office and OCHCO coordinate EEO and related human resource programs, such as the Federal Equal Opportunity Recruitment Program, the Selective Placement Programs, and the Disabled Veterans Affirmative Action Program.
The NRC has in place an antiharassment program and an antiharassment policy statement consistent with the MD-715 guidance. The p rogram aims to inquire promptly into all harassment allegations to prevent or eliminate problematic conduct before it rises to the level of unlawful harassment. The programs procedures are separate from the EEO complaint process. The program and the Antiharassment Program Coordinator reside in OCHCO to avoid any conflict of interest with the EEO office. Notwithstanding, the EEO office informs the Anti harassment Program Coordinator of all harassment allegations arising in EEO counseling. The NRC Web site displays information about the antiharassment program. The NRC provides ongoing training on the program to all NRC offices. In 2020, the NRC provided extensive information on both the antiharassment program and the sexual harassment provisions under Title VII during the annual and refresher EEO training for managers and supervisors. The NRC has updated its antiharassment policy statement and program consistent with the recent Supreme Court ruling in Bostock v. Clayton County, Georgia, 140 S.Ct. 1731 (2020).
In September 2019, the EEOC approved the NRCs revised RAP plan, which includes procedures for personal assistance services (PAS).
In 2020, the NRC obtained internal concurrence on the RAP plan (including vetting from the National Treasury Employees Union (NTEU)).
The NRC has provided training to employees consistent with Section 501 requirements. Supervisors and managers are continuously reminded that procedures for reasonable accommodation are available and accessible to all employees and supervisors. The annual and refresher EEO training sessions for managers and supervisors also cover the RAP procedures. The NRC continues to post the RAP and PAS procedures on the agencys internal and public Web sites, pursuant to Title 29 of the Code of Federal Regulations (29 CFR) Part 1614, Federal Sector Equal Employment Opportunity, and Section 501 requirements. In 2020, the NRC established a system to obtain PAS from an independent contractor, if needed, to ensure compliance with Section 501 regulations.
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F The NRC has in place a longstanding Disabled Veterans Affirmative Action Program. The NRCs policy is to promote and improve the recruitment, hiring, placement, and advancement of qualified veterans, especially those who are 30 percent or more disabled. This policy is in accordance with Section 403 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. 2014 and Title 5 of the Code of Federal Regulations, Part 720, Affirmative Employment Programs), and Section 307 of the Civil Service Reform Act of 1978 (5 U.S.C. 3112).
The NRC uses multiple strategies and activities to recruit, develop, and retain Hispanic employees. In 2020, the NRC participated in recruitment activities of the Society of Hispanic Professional Engineers. In addition, the NRC has a robust media advertising strategy for both print and online advertising. The 2020 applicant flow data indicated that, of the applicants who provided their race and national origin, 6.7 percent (122) self-identified as Hispanic. Out of the 122 self-identified Hispanic applicants, 86 percent (105) were deemed qualified, and 6.7 percent (7) of those 105 were hired. Hispanics represented 9.8 percent (13) of the new permanent hires, internal promotions, and conversions into permanent positions. In 2020, the NRC implemented a new entrylevel hiring program called the Nuclear Regulator Apprenticeship Network (NRAN). The first NRAN cohort has 23 members, which included students from minority serving institutions (MSIs).
The NRC FY 2020 Summer Internship Program also included participants from MSIs. The NRC has also funded multiple research and development, educational and training, and experiential learning projects to promote academic excellence and to help produce a diverse and skilled future workforce. The EEO Advisory Committees work with the EEO office to implement initiatives that increase their representation at all levels in the agency, and eliminate barriers to hiring, training, retention, and career advancement.
To fulfill the Commissions expectations, performance appraisals for managers and supervisors include an evaluation of their commitment to the NRCs policies and principles (including their efforts to comply with the EEO offices audit recommendations) and of their participation in EEO and D&I programs. The EEO office provides managers and supervisors with regular EEO updates that include complaints, settlements, workforce data summaries, legal updates, barrier analysis plans, and other related information. The EEO office also provides technical assistance to agency offices in implementing plans and strategies to support diversity management, as discussed in detail in Part E.3 of the MD715 report. When warranted, the NRC disciplines employees (including managers and supervisors) for discriminatory conduct. The NRCs disciplinary policy is explained in Management Directive 10.99, Discipline and Adverse Action, dated July 7, 2020, and in Article 44 of the NRC/NTEU Collective Bargaining Agreement.
All NRC office directors are required to submit semiannual CDMP reports to the EEO office describing their D&Irelated performance results.
The CDMP reports for FY 2020 indicate that Office Directors, managers, and supervisors achieved results in all seven measured areas, actively promoted Franklin Covey Speed of Trust (SOT) principles and SOT Huddles, and communicated with employees to improve performance areas identified in the Federal Employee Viewpoint Survey. Managers and supervisors also supported agency diversity initiatives, such as lunchandlearn seminars and cultural events sponsored by EEO Advisory Committees; served on safety culture teams; and engaged staff through teambuilding, mentoring, recognition, and awards. In addition, 22 supervisors attended the agencys new Culture and Values course, designed to examine the values, behaviors, and day-to-day practices that promote a positive organizational culture.
The CDMP reports also reveal that managers and supervisors use data and information sources to influence decisionmaking (e.g.,
recruitment, career development and advancement, employee engagement, perception of diversity and inclusion, performance metrics) and s upport employee advancement and development, including encouraging employees to pursue developing individual development plans.
Employees continue to serve actively on the EEO Advisory Committees and as collateralduty EEO counselors. In 2020, there were 25 collateralduty EEO counselors from both NRC Headquarters and regional offices. The EEO Advisory Committees comprise agency staff from all positions and grade levels, with at most 15 individuals on each committee.
The EEO office and OCHCO collaborate to implement effective human resources and EEO programs at the NRC. Their efforts include the following:
The EEO Director and OCHCO meet regularly to assess whether personnel programs, policies, and procedures conform to EEOC laws, instructions, and management directives.
The EEO office and OCHCO have established timetables to review the agencys programs, including, but not limited to, the merit promotion program, employee recognition awards program, and employee development and training program, for systemic barriers.
The EEO office and OCHCO jointly implement the Disability AAP, conduct outreach and recruiting initiatives, provide training for managers and employees, identify and remove barriers to EEO, and prepare the MD-715 report.
The EEO office is currently working with OCHCO to facilitate transmittal of accurate and complete workforce data and other types of requested data (e.g., exit interview data, climate assessment survey results, and grievance data).
In 2018 the agency established the NRC Leadership Model (LM), which provides a more inclusive, reliable, durable, and flexible leadership framework to drive sustainable improvements in organizational performance. The LM aims to create a welcoming and inclusive environment that enables the NRCs diverse staff to make creative contributions to the agencys mission. It
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F focuses on the following six characteristics, collectively referred to as PREDICT: (1) Participative Decisionmaking, (2)
Receptivity to New Ideas and Thinking, (3) Empowerment and Shared Leadership, (4) Diversity in Thought, (5) Innovation and Risk Tolerance, and (6) Collaboration and Teamwork. The LM also describes specific leadership behaviors associated with these characteristics, which are expected from individuals, managers, and organizations. In 2019, the NRC created an internal Web site containing information on the LM and useful resources such as key messages, communication plans, and frequently asked questions.
In 2020, the NRC continued its work on fostering a climate of mutual trust among agency leaders, supervisors, and staff. The NRC implemented Franklin Coveys SOT initiative in three phases: first conducting workshops for supervisors, then identifying and training NRC staff to become Franklin Covey certified facilitators, and finally holding general staff workshops led by the trained NRC facilitators. The goal is to improve and sustain a positive work environment at the level of both the work unit and the agency. The initiative is designed to create an environment where employees feel free to speak out, knowing that they will be heard, understood, and respected. The agency also developed a crosswalk linking the PREDICT leadership behaviors to the SOT 13 Behaviors of High Trust. Although workshops were suspended in 2020 because of the COVID-19 pandemic, staff members throughout the organization continued to practice and apply SOT principles and concepts through various activities, including virtual Trust Huddles. As of the end of FY 2020, more than 85 SOT workshops have been conducted across the agency, training nearly 60 percent of the NRCs workforce.
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ELEMENT D: PROACTIVE PREVENTION OF UNLAWFUL DISCRIMINATION The EEO office conducts internal audits of all NRC operations to identify triggers and barriers (or potential barriers) and collaborate with the appropriate NRC offices to implement corrective measures, as described in Part E.3 of the MD715 report. In accordance with Section II(D) of MD-715 and 29 CFR 1614.102(a)(11), the EEO office has conducted the FY 2020 annual self-assessment to monitor the agencys progress, evaluate the effectiveness of agencywide EEO efforts, identify areas where barriers may operate to exclude certain EEO minority groups, recommend actions to eliminate those barriers, and ascertain whether the agency as a whole has made a goodfaith effort to identify and remove such barriers. The EEO offices review focused on identifying triggers based on disparities, as well as uncovering discernible and embedded barriers in the agencys day-to-day employment policies, practices, and programs, including those related to recruitment, hiring, career development, competitive and noncompetitive promotions, training, awards and incentive programs, and separations. In 2020, the EEOC approved the EEO offices proposed process for identifying triggers in the workplace. The agency investigates whether triggers exist by reviewing information such as workforce data; complaint or grievance data; exit survey results; employee climate survey results; findings from focus groups, affinity groups, and the union; program evaluations; and information from external sources or special interest groups. Part E.3 of the MD715 report discusses the FY 2020 self-assessment in detail.
The NRC also identifies and addresses barriers to equal opportunity and diversity through its special emphasis committees, affinity groups, and resource groups. These committees and groups conduct barrier analysis to make sure that the NRC takes affirmative steps to provide equal opportunity to minorities, women, PWD (including veterans), and individuals of all sexual orientations in all aspects of employment and program delivery.
OCHCO has oversight authority to ensure that NRC management implements personnel policies, selection and promotion procedures, evaluation procedures, rules of conduct, and training fairly and consistently for all employees. As required by MD-715, OCHCO and the EEO office collaborate to ensure that policies, procedures, and practices are applied in a nondiscriminatory manner. The annual mandatory EEO training for managers and supervisors includes both the merit system principles (5 U.S.C. 2301) and prohibited personnel practices (5 U.S.C. 2302).
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ELEMENT E: EFFICIENCY The EEO office is the lead NRC entity responsible for achieving agencywide EEO and compliance with Federal regulatory requirements. The EEO office continuously coordinates with other NRC offices to ensure equality in their specific areas of operations. For example, it coordinates with and monitors OCHCOs functions, which include, but are not limited to, recruitment; hiring; selection processes; incentives (e.g., time off, cash awards, and quality step increases); disciplinary and separation actions; the antiharassment program; and disability and reasonable accommodation policies, procedures, and program operations. The EEO office coordinates with the Office of Administration, Division of Facilities and Security to ensure compliance with the facility and equipment accessibility requirements of the Architectural Barriers Act. Information on accessibility at the NRC in 2020 appears in Part J of the MD-715 report. Additionally, the EEO office coordinates with the Office of the Chief Information Officer (OCIO) to ensure that PWD receive the same access to information and communication technology (ICT) as nondisabled individuals, in accordance with Section 508 provisions, which include the publishing of notifications on the agencys Web site for the filing of Section 508 complaints.
The EEO office has consistently maintained the process for administrative discrimination complaints. Information on the process is displayed in key visible areas throughout NRC Headquarters and regional office buildings and can be accessed through the agencys internal and external Web sites. The EEO office continues to disposition complaints promptly, with a goal of processing 100 percent of complaints within the time frames set by the EEOC. For Part G of the MD715 report, the EEO office administered the Agency Self-Assessment Checklist to its civil rights component. The results show that the NRC is maintaining an efficient, fair, and impartial complaint resolution process. The NRC
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F uses the cloudbased iComplaints tracking and monitoring system to analyze complaint data, activity, and trends.
Pursuant to Section 301 of the No FEAR Act, the NRC has posted summary statistical data on complaints of employment discrimination filed by NRC employees, former employees, and applicants for employment under 29 CFR Part 1614. In FY 2020, the NRC continued to experience an increase in the number of discrimination complaints filed against the agency, together with delays in the processing of complaints, a growing backlog of complaints awaiting a hearing, delayed issuance of final agency decisions, and delayed legal sufficiency reviews. In 2020, there were 52 formal discrimination complaints open (27 complaints carried over from FY 2019, and 25 new complaints filed in FY 2020). At the end of the year, there were 22 case closures (2 non-ADR withdrawals, 7 settlements (4 non-ADR and 3 ADR), and 13 final agency actions). A summary of 30 pending cases during the reporting period from October 1, 2019, to September 30, 2020, reveals six complaints for which notification of the decision to accept or dismiss was pending, with an average processing time of 169 days.
The 25 formal complaints filed in 2020 alleged discrimination on the following bases: race (12), color (1), national origin (3), sex (including complaints filed under the Equal Pay Act) (11), disability (5), age (10), and reprisal (14). No complaints were filed with regard to religion. The complaints concerned assignment of duties (8), awards (3), disciplinary action (41 demotion, 1 disciplinary warning, and 2 other),
performance appraisal (6), harassment (nonsexual) (11), promotion (nonselection) (6), reasonable accommodation (3), sex stereotyping (1),
telework (2), terms and conditions of employment (9), time and attendance (5), and training (2).
In 2020, contractors completed 11 EEO investigations. One investigation was completed in less than 180 days, nine took 181-360 days
(*three of these were identified as timely and took an average of 222.33 days, while six were identified as untimely and took an average of 276.17 days), and one investigation took over 360 days. In 2020, the EEO office offered ADR to 37 counselees during the informal part of the process; 26 of them (70.27 percent) declined. Eleven complaints (29.73 percent) were accepted into the ADR program; in six cases, there were no attempts to conduct ADR. Four mediations were conducted, which resulted in three ADR settlements. A total of 11 single complaints covering multiple statutes were closed during the reporting period; 10 of these were final agency decisions (nine dismissals and one finding of no discrimination), and one was a final agency merit decision. At the end of FY 2020, 30 complaints were pending: 2 pending written notification (acknowledgement letter), 6 pending a decision to accept or dismiss, 11 pending investigation, 9 awaiting a hearing, and 2 pending a final agency decision.
The EEO office has a corrective plan in place to work towards the timely investigation of discrimination complaints, as required under 29 CFR 1614. The EEO office will reinstitute corrective plans for agency issuance of acceptance letters and dismissal decisions, consistent with Chapter 5(I) of EEOC Management Directive 110. In 2019, adopting the best practices of other Federal agencies, the EEO office published a newly revised ADR information manual, which is designed to create awareness and promote employee interest and participation in the ADR process. The manual includes the requirement that managers and supervisors participate in ADR. The EEO office continues its annual evaluations of participant experiences and the effectiveness of the ADR program and will also develop a corrective action plan to increase employee participation in the ADR program, pursuant to the EEOCs technical guidance letter dated September 27, 2017. More detailed information can be found in Parts E.3, H, and I of the MD-715 report.
The NRC provided the Annual Federal Equal Employment Opportunity Report of Discrimination Complaints (the 462 Report) to the EEOC on schedule, and it continues to post quarterly updates to EEO complaint data on its Web site, in compliance with the No FEAR Act. The iComplaints tracking and monitoring system provides the data needed for the agencys 462 Report. The NRC has also provided the required annual EEO training series and refresher sessions for managers and supervisors. In 2020, approximately 103 managers and supervisors participated in formal EEO training and refresher sessions.
In 2020, the NRC implemented the EEOCs recommendations to expand disability outreach efforts by establishing partnerships with the organizations identified by the EEOC, which helped increase hiring of PWD and PWTD. The NRC will continue to develop and maintain partnerships and to network with stakeholders sharing these interests (See MD-715 Part H and Part I). In FY 2020, the NRC did not meet the Federal benchmark disability goals. However, to meet these goals in the future, the NRC has expanded its Disability AAP and Disability Strategic Plan based on the recommendations in the EEOCs technical assistance letter of July 27, 2018, and on the regulations in 29 CFR 1614.203(d)(1)(i). These regulations require agencies to use programs and resources that identify applicants who are eligible to be appointed under hiring authorities that take disabilities into account. They also state that agencies must establish and maintain contact with organizations that specialize in helping PWD secure and maintain employment. In FY 2020, the agency placed greater emphasis on its disability hiring authorities and the AAP during each of the four EEO mandatory training courses for supervisors and managers.
Section 501 of the Rehabilitation Act of 1973 requires Federal agencies to provide reasonable accommodations to qualified individuals with disabilities, absent undue hardship. On January 3, 2017, the EEOC issued 29 CFR 1614.203(d)(3), which requires agencies to establish reasonable accommodation procedures that meet 23 minimum requirements within 1 year of the issuance date. Pursuant to Section 2 of Executive Order 13164, Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation, dated July 26, 2000, the NRC submitted its revised RAP plan to the EEOC for review and received approval in September 2019.
The EEOCs July 2018 technical assistance letter stated that the NRC was expected to show meaningful progress toward eliminating the following deficiency: the NRC had not provided, as required by regulations, timetables for reviewing and identifying systematic barriers in its recruitment strategies and outreach efforts, hiring (including procedures and practices), merit promotions, recognition awards, career
Page 4 EEOC FORM 715-02 PART E.2 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ESSENTIAL ELEMENT A-F development and training, retention, separations, and management and personnel policies, procedures, and practices. In 2020, the NRC released these timetables for submission to the EEOC (See MD-715 Part H and Part I).
OCHCO maintains the agencys systems for collecting, maintaining, and verifying the accuracy of employee demographic data (i.e.,
information on race, national origin, sex, and disability); applicant flow data; information on recruitment activities (to permit performance analysis and identification); and data on triggers and barriers in all areas of EEO. In its July 2018 technical assistance letter, the EEOC stated that in FY 2017, the NRC did not include applicant flow data in its statistical workforce tables (Tables B11 and B12), which were distributed by disability. The EEOC noted that applicant flow data is essential for analyzing whether barriers exist for PWD seeking to advance to the senior grade levels. The EEOC also reminded the NRC that in FY 2018, the applicant flow data (distributed by race, national origin, sex, and disability) would expand to include (1) internal competitive promotions for supervisory positions, (2) new hires for the senior grade levels and supervisory positions, and (3) career development programs for the senior grade levels and supervisory positions. The EEO office and OCHCO are currently collaborating to establish systems to collect accurate information for reporting purposes, including workforce statistics, demographic data, applicant flow data, feeder-pool data, and other information needed to prepare the MD-715 report.
The legislative mandate to develop and implement an agency affirmative employment program (29 CFR 1614.102, Agency program) is guided by the EEOCs Federalsector EEO regulations, which require each Federal agency to maintain an EEO program to eliminate all forms of prejudice (bias) and discrimination from its personnel policies, practices, and working conditions. An agencys EEO program must address all aspects of its business operations (e.g., outreach, recruitment, hiring, promotions, training, development, advancement, retention incentives, separation, and other terms and conditions of employment) and its programs and activities (e.g., educational investment programs, hiring programs, and grant and contract administration). The EEO program must also oversee the implementation, effectiveness, and compliance of EEOrelated programs and plans (e.g., civil rights complaint processing, the ADR program, the RAP, personal assistance programs, the Disability AAP, the Federal Equal Opportunity Recruitment Program, and the Disabled Veterans Affirmative Action Program).
In 2020, the NRC continued to assess the broad range of programs listed above to identify and eliminate potential and hidden systemic barriers. More details appear in Part E.3 of the MD-715 report.
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ELEMENT F: RESPONSIVENESS AND LEGAL COMPLIANCE The EEO office takes the lead on ensuring agencywide compliance with EEO laws, including EEOC regulations, orders, and written instructions; reporting the agencys overall EEO program efforts and accomplishments to NRC officials and Federal oversight agencies; ensuring that the NRC responds to EEOC directives and orders in accordance with EEOC instructions and time frames; and ensuring that NRC management fully and promptly complies with final EEOC orders for corrective action and relief. The Office of the General Counsel is responsible for providing legal guidance, counsel, and assistance to the EEO office.
Page 5 EEOC FORM 715-02 PART E.3 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- WORKFORCE ANALYSES The Workforce Analysis has been uploaded as an attached document..
Page 6 EEOC FORM 715-02 PART E.4 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ACCOMPLISHMENTS
- 1. Federal Employee Viewpoint Survey Results. According to 2020 FEVs, NRC remains a best place to work in the Federal Government.
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Virtual EEO Summit. In 2020, NRC conducted a 2-day virtual EEO Summit Embracing Diversity and Inclusion in the Workplace where NRC employees and subject matter experts discussed how race, ethnicity, gender, sexual orientation, disability status, and other life experiences affect the ways that we interact with one another, as well as how to build an agency culture that is respectful and affirming of all staff. The EEO Summit was a success with close to 500 employees attending.
1.
Agency Desired Culture Initiative. The NRC launched an Agency Desired Culture Initiative, to align our culture with NRCs transformation vision of being a modern, risk-informed regulator. The initiative is taking a holistic approach to assessing the Agencys culture by incorporating insights from a variety of data sources, including FEVS and NRC Safety Culture and Climate Survey results, the Organizational Culture Inventory and Organizational Effectiveness Inventory, and qualitative feedback received through culture assessment focus groups, Futures Jam activity, and insights from other transformation activities. Using this data, the NRC has identified common themes and developed a unified improvement planning approach that will allow us to better target our change efforts going forward.
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New Culture and Values Course. Twenty-two supervisors attended the agencys new Culture and Values course, designed to examine NRC's culture with a focus on the values, behaviors, and day-to-day practices that promote and maintain a positive organizational culture.
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Speed of Trust Workshops. Although Speed of Trust (SOT) workshops were suspended in 2020 due to COVID-19, more than 85 SOT workshops were conducted across the agency, training nearly 60% of our workforce.
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Risk-Informed Thinking Workshops. Modernizing the agencys decision-making using risk insights is an important initiative and a focus for the Executive Director for Operations and NRCs senior leadership. A top initiative to reaffirm a commitment to NRCs mission is to [e]nsure training and knowledge management programs prioritize mission-critical knowledge and skills, including key concepts (reasonable assurance, adequate protection, defense-in-depth, risk-informed, licensing basis, etc.), so the agency can achieve a desired state as a modern risk-informed regulator that embraces innovative approaches; and is receptive to new and diverse ideas, collaboration, and teamwork. In addition to the agency providing knowledge transfer workshops to help build a pipeline of employees capable of accomplishing mission goals in the future, staff who apply what is learned in the workshop to an activity within their current work areas are awarded a Risk-Informed Thinking certificate.
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Nuclepedia. In FY 2020, NRC launched an online encyclopedia platform to collect and share data dynamically, access and search information easily and instantaneously, and provide an interface that allows experts across the agency to share information and knowledge without barriers. Nuclepedia functions much like Wikipedia does, but is restricted to internal NRC staff and contractors.
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Nuclear Regulator Apprenticeship Program. In late FY 2020, NRC implemented a new entry level hiring program called the Nuclear Regulator Apprenticeship Network (NRAN). The first NRAN cohort includes 23 members of which four graduated from Hispanic Serving Institutions (HSIs), and two from Historically Black Colleges and Universities (HBCUs).
Page 6 EEOC FORM 715-02 PART E.4 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- ACCOMPLISHMENTS
Page 7 EEOC FORM 715-02 PART E.5 U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 EXECUTIVE
SUMMARY
- PLANNED ACTIVITIES Goal: Diversify the Federal Workforce through Active Engagement of Leadership Major component heads in the NRC continue to submit annual Comprehensive Diversity Management Plan (CDMP) reports demonstrating their actions to attract, recruit, retain, and cultivate diverse leaders by communicating, accounting for, and modeling inclusive behaviors. The NRC continues to train managers and supervisors to develop and refine the skills they need to manage people more effectively---and be ready for unexpected changes in EEO, affirmative employment, and managing diversity. They receive information regarding EEO laws relating to the Federal sector; the ADR process and benefits of ADR; management responsibilities under the Rehabilitation Act, management responsibilities related to affirmative employment and diversity management.
Examples of benchmarks include increasing leadership and management participation in D&I initiatives such as participating in employee resource or affinity group events, serving as mentors, and supporting employee participation in D&I training and education.
Goal: Include and Engage Everyone in the Workplace The NRC continues agencywide implementation of Franklin Coveys SOT training to strengthen our organizational culture. This initiative supports agency efforts to strengthen trust among agency leaders, supervisors, and staff with the goal of improving and sustaining a positive work environment at both the work unit and agency levels. NRC also continues to offer the DIALOGUE program (Diversity Inclusion Awareness - Leading Organizational Growth, Understanding, and Engagement), which helps to develop a greater appreciation for the value and positive impacts made by diverse groups in meeting the mission of the agency. The NRC continues to support supervisory and nonsupervisory staff participation in the DIALOGUE program and encourage participation in SOT Workshops and Trust Huddles.
Goal: Optimize Inclusive Diversity Efforts Using Data-Driven Approaches The NRC continues to provide the EEO and Diversity Management Training for Managers and Supervisors, which provides insight regarding proactive measures to improve understanding, implementation and execution of EEO and D&I programs at all levels in the agency. This includes a segment on utilizing data analytics to influence or drive agencywide decision-making related to EEO and D&I. The training teaches participants how to incorporate data analysis into action planning (e.g., identifying whats happening, determining whether whats being done is working, identify problems and root causes, effectively implement change strategies, etc.,) by using FEVS and NRCs Safety Culture and Climate Survey results, along with other sources of feedback (e.g., complaints, trends). Emphasis is placed on the analysis of the five inclusive habits (fairness, openness, cooperativeness, supportiveness and empowerment) and recognizing and addressing implicit and unconscious bias.
Page 8 EEOC FORM 715-02 PART F U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 CERTIFICATION of ESTABLISHMENT of CONTINUING EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS am the (Insert Name Above)
(Insert official title/series/grade above)
Principal EEO Director/Official for (Insert Agency/Component Name above)
The agency has conducted an annual self-assessment of Section 717 and Section 501 programs against the essential elements as prescribed by EEO MD-715. If an essential element was not fully compliant with the standards of EEO MD-715, a further evaluation was conducted and, as appropriate, EEO Plans for Attaining the Essential Elements of a Model EEO Program, are included with this Federal Agency Annual EEO Program Status Report.
The agency has also analyzed its work force profiles and conducted barrier analyses aimed at detecting whether any management or personnel policy, procedure or practice is operating to disadvantage any group based on race, national origin, gender or disability. EEO Plans to Eliminate Identified Barriers, as appropriate, are included with this Federal Agency Annual EEO Program Status Report.
I certify that proper documentation of this assessment is in place and is being maintained for EEOC review upon request.
Signature of Principal EEO Director/Official Certifies that this Federal Agency Annual EEO Program Status Report is in compliance with EEO MD-715.
Date Signature of Agency Head or Agency Head Designee Date
Page 9 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: A Demonstrated Commitment From agency Leadership Compliance Indicator A.1. The agency issues an effective, up-to-date EEO policy statement.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A A.1.a. Does the agency annually issue a signed and dated EEO policy statement on agency letterhead that clearly communicates the agencys commitment to EEO for all employees and applicants? If Yes, please provide the annual issuance date in the comments column. [see MD-715, ll(A)]
X EEO Policy and Diversity and Inclusion Policy Statements were issued by the Chairman via a Yellow Announcement to all NRC employees (YA-20-0038-5/18/2020) and (YA-20-0037-05/18/2020).
5/18/2020 A.1.b. Does the EEO policy statement address all protected bases (age, color, disability, sex (including pregnancy, sexual orientation and gender identity), genetic information, national origin, race, religion, and reprisal) contained in the laws EEOC enforces? [see 29 CFR § 1614.101(a)] If the EEO policy statement covers any additional bases (e.g., marital status, veteran status and political affiliation), please list them in the comments column.
X
Page 10 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator A.2. The agency has communicated EEO policies and procedures to all employees.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A A.2.a. Does the agency disseminate the following policies and procedures to all employees:
A.2.a.1. Anti-harassment policy? [see MD 715, ll(A)]
X A.2.a.2. Reasonable accommodation procedures? [see 29 CFR § 1614.203(d)(3)]
X A.2.b. Does the agency prominently post the following information throughout the workplace and on its public website:
A.2.b.1. The business contact information for its EEO Counselors, EEO Officers, Special Emphasis Program Managers, and EEO Director? [see 29 C.F.R § 1614.102(b)(7)]
X A.2.b.2. Written materials concerning the EEO program, laws, policy statements, and the operation of the EEO complaint process? [see 29 CFR §1614.102(b)(5)]
X A.2.b.3. Reasonable accommodation procedures? [see 29 CFR § 1614.203(d)(3)(i)] If so, please provide the internet address in the comments column.
X http://
drupal.nrc.gov/
ochco/catalog/303.
A.2.c. Does the agency inform its employees about the following topics:
A.2.c.1. EEO complaint process? [see 29 CFR §§ 1614.102(a)(12) and 1614.102(b)(5)] If yes, please provide how often and the means by which such training is delivered.
X The EEO Director issued an annual EEO Complaint Process policy on 04/08/19 via an Agency Announcement
(#). Continuous notification is provided on the EEO office Web site, and other mediums; posters, lunch-n-learns, annual EEO Counselors Training, and during annual EEO and Diversity Management &
Inclusion Training.
A.2.c.2. ADR process? [see MD-110, Ch. 3(II)(C)] If yes, please provide how often.
X Ongoing via NRCs EEO office Civil Rights Web site, ADR Information Manual, and direct interactions with program staff.
Page 11 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist A.2.c.3. Reasonable accommodation program? [see 29 CFR § 1614.203(d)(7)(ii)(C)] If yes, please provide how often.
X On-going via NRCs OCHCO website. Also, notification was sent out through a Yellow Announcement sent to all NRC employees.
A.2.c.4. Anti-harassment program? [see EEOC Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999), § V.C.1] If yes, please provide how often.
X On-going via NRCs Civil Rights Program and OCHCO Web sites, annual Policy Issue Statements, Yellow Announcements, Annual EEO and Diversity &
Inclusion training for managers and supervisors, other training and forums including lunch-n-learns.
A.2.c.5. Behaviors that are inappropriate in the workplace and could result in disciplinary action? [5 CFR
§2635.101(b)] If yes, please provide how often.
X On-going Internal Controls (MD 10.161),
Collective Bargaining Agreement.
Page 12 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator A.3. The agency assesses and ensures EEO principles are part of its culture.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A A.3.a. Does the agency provide recognition to employees, supervisors, managers and units demonstrating superior accomplishment in equal employment opportunity? [see 29 CFR § 1614.102(a)(9)] If yes, provide one or two examples in the comments section..
X NRC held its 40th Annual Awards Ceremony on 10/29/2020. NRC acknowledged recipients by issuing the Presidential Executive Rank Award and NRCs Distinguished and Meritorious Service Awards, one of which recognized exemplary performance in the implementation of the NRCs EEO program. (See MD-715 E3 for in-depth information.
A.3.b. Does the agency utilize the Federal Employee Viewpoint Survey or other climate assessment tools to monitor the perception of EEO principles within the workforce? [see 5 CFR Part 250]'
X
Page 13 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: B Integration of EEO into the agency's Strategic Mission Compliance Indicator 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.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.1.a. Is the agency head the immediate supervisor of the person (EEO Director) who has day-to-day control over the EEO office? [see 29 CFR §1614.102(b)(4)]
X B.1.a.1. If the EEO Director does not report to the agency head, does the EEO Director report to the same agency head designee as the mission-related programmatic offices? If yes, please provide the title of the agency head designee in the comments.
X B.1.a.2. Does the agencys organizational chart clearly define the reporting structure for the EEO office? [see 29 CFR §1614.102(b)(4)]
X B.1.b. Does the EEO Director have a regular and effective means of advising the agency head and other senior management officials of the effectiveness, efficiency and legal compliance of the agencys EEO program? [see 29 CFR §1614.102(c)(1); MD-715 Instructions, Sec. I]
X B.1.c. During this reporting period, did the EEO Director present to the head of the agency, and other senior management officials, the "State of the agency" briefing covering the six essential elements of the model EEO program and the status of the barrier analysis process? [see MD-715 Instructions, Sec. I] If yes, please provide the date of the briefing in the comments column.
X The EEO Director participated in NRCs Human Capital held 10/21/2020. The EEO Director lead the EEO Commission Briefing held on 2/18/2020. At which, the EEO Director presented to the agency head, Commissioners, senior management officials, employees and public on: (1)
Affirmative Employment efforts covering the six essential
- elements, program status, and performance metrics and outcomes, etc. (2)
B.1.d. Does the EEO Director regularly participate in senior-level staff meetings concerning personnel, budget, technology, and other workforce issues? [see MD-715, II(B)]
X
Page 14 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator B.2. The EEO Director controls all aspects of the EEO program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.2.a. Is the EEO Director responsible for the implementation of a continuing affirmative employment program to promote EEO and to identify and eliminate discriminatory policies, procedures, and practices? [see MD-110, Ch. 1(III)(A); 29 CFR §1614.102(c)] If not, identify the office with this authority in the comments column.
X B.2.b. Is the EEO Director responsible for overseeing the completion of EEO counseling? [see 29 CFR
§1614.102(c)(4)]
X B.2.c. Is the EEO Director responsible for overseeing the fair and thorough investigation of EEO complaints?
[see 29 CFR §1614.102(c)(5)] [This question may not be applicable for certain subordinate level components.]
X B.2.d. Is the EEO Director responsible for overseeing the timely issuance of final agency decisions? [see 29 CFR §1614.102(c)(5)] [This question may not be applicable for certain subordinate level components.]
X B.2.e. Is the EEO Director responsible for ensuring compliance with EEOC orders? [see 29 CFR §§ 1614.102(e); 1614.502]'
X B.2.f. Is the EEO Director responsible for periodically evaluating the entire EEO program and providing recommendations for improvement to the agency head? [see 29 CFR §1614.102(c)(2)]
X B.2.g. If the agency has subordinate level components, does the EEO Director provide effective guidance and coordination for the components? [see 29 CFR §§ 1614.102(c)(2); (c)(3)]
X
Page 15 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator B.3. The EEO Director and other EEO professional staff are involved in, and consulted on, management/personnel actions.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.3.a. Do EEO program officials participate in agency meetings regarding workforce changes that might impact EEO issues, including strategic planning, recruitment strategies, vacancy projections, succession planning, and selections for training/career development opportunities? [see MD-715, II(B)]
X Meaningful progress is being made and more is to be done. See Part H.
B.3.b. Does the agencys current strategic plan reference EEO / diversity and inclusion principles? [see MD-715, II(B)] If yes, please identify the EEO principles in the strategic plan in the comments column.
X NRCs current mission Strategic Plan references both EEO and diversity inclusion principles. In addition, NRCs Inclusive Diversity Strategic Plan (IDSP) and Comprehensive Diversity Management Plan (CDMP) supports the provisions identified in NRCs mission Strategic Plan.
Page 16 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator B.4. The agency has sufficient budget and staffing to support the success of its EEO program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.4.a. Pursuant to 29 CFR §1614.102(a)(1), has the agency allocated sufficient funding and qualified staffing to successfully implement the EEO program, for the following areas:
B.4.a.1. to conduct a self-assessment of the agency for possible program deficiencies? [see MD-715, II(D)]
X B.4.a.10. to effectively manage its reasonable accommodation program? [see 29 CFR §1614.203(d)(4)(ii)]
X B.4.a.11. to ensure timely and complete compliance with EEOC orders? [see MD-715, II(E)]
X B.4.a.2. to enable the agency to conduct a thorough barrier analysis of its workforce? [see MD-715, II(B)]
X B.4.a.3. to timely, thoroughly, and fairly process EEO complaints, including EEO counseling, investigations, final agency decisions, and legal sufficiency reviews? [see 29 CFR §§ 1614.102(c)(5); 1614.105(b) - (f);
MD-110, Ch. 1(IV)(D) & 5(IV); MD-715, II(E)]
X B.4.a.4. to provide all supervisors and employees with training on the EEO program, including but not limited to retaliation, harassment, religious accommodations, disability accommodations, the EEO complaint process, and ADR? [see MD-715, II(B) and III(C)] If not, please identify the type(s) of training with insufficient funding in the comments column.
X B.4.a.5. to conduct thorough, accurate, and effective field audits of the EEO programs in components and the field offices, if applicable? [see 29 CFR §1614.102(c)(2)]
X B.4.a.6. to publish and distribute EEO materials (e.g. harassment policies, EEO posters, reasonable accommodations procedures)? [see MD-715, II(B)]
X B.4.a.7. to maintain accurate data collection and tracking systems for the following types of data: complaint tracking, workforce demographics, and applicant flow data? [see MD-715, II(E)] If not, please identify the systems with insufficient funding in the comments section.
X B.4.a.8. to effectively administer its special emphasis programs (such as, Federal Womens Program, Hispanic Employment Program, and People with Disabilities Program Manager)? [5 USC § 7201; 38 USC § 4214; 5 CFR
§ 720.204; 5 CFR § 213.3102(t) and (u); 5 CFR § 315.709]
X B.4.a.9. to effectively manage its anti-harassment program? [see MD-715 Instructions, Sec. I; EEOC Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999), § V.C.
1]
X B.4.b. Does the EEO office have a budget that is separate from other offices within the agency? [see 29 CFR § 1614.102(a)(1)]
X B.4.c. Are the duties and responsibilities of EEO officials clearly defined? [see MD-110, Ch. 1(III)(A), 2(III), &
6(III)]
X B.4.d. Does the agency ensure that all new counselors and investigators, including contractors and collateral duty employees, receive the required 32 hours3.703704e-4 days <br />0.00889 hours <br />5.291005e-5 weeks <br />1.2176e-5 months <br /> of training, pursuant to Ch. 2(II) (A) of MD-110?
X B.4.e. Does the agency ensure that all experienced counselors and investigators, including contractors and collateral duty employees, receive the required 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of annual refresher training, pursuant to Ch. 2(II)(C) of MD-110?
X
Page 17 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator B.5. The agency recruits, hires, develops, and retains supervisors and managers who have effective managerial, communications, and interpersonal skills Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.5.a. Pursuant to 29 CFR §1614.102(a)(5), have all managers and supervisors received orientation, training, and advice on their responsibilities under the following areas under the agency EEO program:
B.5.a.1. EEO complaint process? [see MD-715(II)(B)]
X B.5.a.2. Reasonable Accommodation Procedures? [see 29 CFR § 1614.102(d)(3)]
X B.5.a.3. Anti-harassment policy? [see MD-715(II)(B)]
X B.5.a.4. Supervisory, managerial, communication and interpersonal skills in order to supervise most effectively in a workplace with diverse employees and avoid disputes arising from ineffective communications? [see MD-715, II(B)]
X B.5.a.5. ADR, with emphasis on the federal governments interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? [see MD-715(II)(E)]
X Compliance Indicator B.6. The agency involves managers in the implementation of its EEO program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A B.6.a. Are senior managers involved in the implementation of Special Emphasis Programs? [see MD-715 Instructions, Sec. I]
X B.6.b. Do senior managers participate in the barrier analysis process? [see MD-715 Instructions, Sec. I]
X B.6.c. When barriers are identified, do senior managers assist in developing agency EEO action plans (Part I, Part J, or the Executive Summary)? [see MD-715 Instructions, Sec. I]
X B.6.d. Do senior managers successfully implement EEO Action Plans and incorporate the EEO Action Plan Objectives into agency strategic plans? [29 CFR §1614.102(a)(5)]
X
Page 18 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: C Management and Program Accountability Compliance Indicator C.1. The agency conducts regular internal audits of its component and field offices.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.1.a. Does the agency regularly assess its component and field offices for possible EEO program deficiencies?
[see 29 CFR §1614.102(c)(2)] If yes, please provide the schedule for conducting audits in the comments section.
X However, efforts continue to be undertaken to recognize greater efficiency in achieving this goal. The following support documents will be uploaded as attachments:
Review Schedule; Comprehensive Diversity Management Plan Schedule; and the MD-715 Executive Summary: Part E3 Workforce Analysis.
C.1.b. Does the agency regularly assess its component and field offices on their efforts to remove barriers from the workplace? [see 29 CFR §1614.102(c)(2)] If yes, please provide the schedule for conducting audits in the comments section.
X However, efforts continue to be undertaken to recognize greater efficiency in achieving this goal. The following support documents will be uploaded as attachments:
Review Schedule; Comprehensive Diversity Management Plan Schedule; and the MD-715 Executive Summary: Part E3 Workforce Analysis.
C.1.c. Do the component and field offices make reasonable efforts to comply with the recommendations of the field audit? [see MD-715, II(C)]
X
Page 19 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator C.2. The agency has established procedures to prevent all forms of EEO discrimination.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.2.a. Has the agency established comprehensive anti-harassment policy and procedures that comply with EEOCs enforcement guidance? [see MD-715, II(C); Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (Enforcement Guidance), EEOC No. 915.002, § V.C.1 (June 18, 1999)]
X C.2.a.1. Does the anti-harassment policy require corrective action to prevent or eliminate conduct before it rises to the level of unlawful harassment? [see EEOC Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999), § V.C.1]
X C.2.a.2. Has the agency established a firewall between the Anti-Harassment Coordinator and the EEO Director?
[see EEOC Report, Model EEO Program Must Have an Effective Anti-Harassment Program (2006)]
X C.2.a.3. Does the agency have a separate procedure (outside the EEO complaint process) to address harassment allegations? [see Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (Enforcement Guidance), EEOC No. 915.002, § V.C.1 (June 18, 1999)]
X C.2.a.4. Does the agency ensure that the EEO office informs the anti-harassment program of all EEO counseling activity alleging harassment? [See Enforcement Guidance, V.C.]
X C.2.a.5. Does the agency conduct a prompt inquiry (beginning within 10 days of notification) of all harassment allegations, including those initially raised in the EEO complaint process? [see Complainant v. Dept of Veterans Affairs, EEOC Appeal No. 0120123232 (May 21, 2015); Complainant v. Dept of Defense (Defense Commissary Agency), EEOC Appeal No. 0120130331 (May 29, 2015)] If no, please provide the percentage of timely-processed inquiries in the comments column.
X C.2.a.6. Do the agencys training materials on its anti-harassment policy include examples of disability-based harassment? [see 29 CFR §1614.203(d)(2)]
X C.2.b. Has the agency established disability reasonable accommodation procedures that comply with EEOCs regulations and guidance? [see 29 CFR §1614.203(d)(3)]
X C.2.b.1. Is there a designated agency official or other mechanism in place to coordinate or assist with processing requests for disability accommodations throughout the agency? [see 29 CFR §1614.203(d)(3)(D)]
X C.2.b.2. Has the agency established a firewall between the Reasonable Accommodation Program Manager and the EEO Director? [see MD-110, Ch. 1(IV)(A)]
X C.2.b.3. Does the agency ensure that job applicants can request and receive reasonable accommodations during the application and placement processes? [see 29 CFR §1614.203(d)(1)(ii)(B)]
X C.2.b.4. Do the reasonable accommodation procedures clearly state that the agency should process the request within a maximum amount of time (e.g., 20 business days), as established by the agency in its affirmative action plan? [see 29 CFR §1614.203(d)(3)(i)(M)]
X C.2.b.5. Does the agency process all initial accommodation requests, excluding ongoing interpretative services, within the time frame set forth in its reasonable accommodation procedures? [see MD-715, II(C)] If no, please provide the percentage of timely-processed requests, excluding ongoing interpretative services, in the comments column.
X C.2.c. Has the agency established procedures for processing requests for personal assistance services that comply with EEOCs regulations, enforcement guidance, and other applicable executive orders, guidance, and standards? [see 29 CFR §1614.203(d)(6)]
X C.2.c.1. Does the agency post its procedures for processing requests for Personal Assistance Services on its public website? [see 29 CFR §1614.203(d)(5)(v)] If yes, please provide the internet address in the comments column.
X http://
drupal.nrc.gov/
ochco/catalog/303
Page 20 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator C.3. The agency evaluates managers and supervisors on their efforts to ensure equal employment opportunity.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.3.a. Pursuant to 29 CFR §1614.102(a)(5), do all managers and supervisors have an element in their performance appraisal that evaluates their commitment to agency EEO policies and principles and their participation in the EEO program?
X C.3.b. Does the agency require rating officials to evaluate the performance of managers and supervisors based on the following activities:
C.3.b.1. Resolve EEO problems/disagreements/conflicts, including the participation in ADR proceedings? [see MD-110, Ch. 3.I]
X C.3.b.2. Ensure full cooperation of employees under his/her supervision with EEO officials, such as counselors and investigators? [see 29 CFR §1614.102(b)(6)]
X C.3.b.3. Ensure a workplace that is free from all forms of discrimination, including harassment and retaliation?
[see MD-715, II(C)]
X C.3.b.4. Ensure that subordinate supervisors have effective managerial, communication, and interpersonal skills to supervise in a workplace with diverse employees? [see MD-715 Instructions, Sec. I]
X C.3.b.5. Provide religious accommodations when such accommodations do not cause an undue hardship? [see 29 CFR §1614.102(a)(7)]
X C.3.b.6. Provide disability accommodations when such accommodations do not cause an undue hardship? [ see 29 CFR §1614.102(a)(8)]
X C.3.b.7. Support the EEO program in identifying and removing barriers to equal opportunity?. [see MD-715, II(C)]
X C.3.b.8. Support the anti-harassment program in investigating and correcting harassing conduct?. [see Enforcement Guidance, V.C.2]
X C.3.b.9. Comply with settlement agreements and orders issued by the agency, EEOC, and EEO-related cases from the Merit Systems Protection Board, labor arbitrators, and the Federal Labor Relations Authority? [see MD-715, II(C)]
X C.3.c. Does the EEO Director recommend to the agency head improvements or corrections, including remedial or disciplinary actions, for managers and supervisors who have failed in their EEO responsibilities? [see 29 CFR
§1614.102(c)(2)]
X C.3.d. When the EEO Director recommends remedial or disciplinary actions, are the recommendations regularly implemented by the agency? [see 29 CFR §1614.102(c)(2)]
X
Page 21 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator C.4. The agency ensures effective coordination between its EEO program and Human Resources (HR) program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.4.a. Do the HR Director and the EEO Director meet regularly to assess whether personnel programs, policies, and procedures conform to EEOC laws, instructions, and management directives? [see 29 CFR §1614.102(a)(2)]
X Reference comments in B.
3.a. See Part H.
C.4.b. Has the agency established timetables/schedules to review at regular intervals its merit promotion program, employee recognition awards program, employee development/training programs, and management/
personnel policies, procedures, and practices for systemic barriers that may be impeding full participation in the program by all EEO groups? [see MD-715 Instructions, Sec. I]
X Reference comments in B.
3.a. See Part H.
C.4.c. Does the EEO office have timely access to accurate and complete data (e.g., demographic data for the workforce, applicants, training programs, etc.) required to prepare the MD-715 workforce data tables? [see 29 CFR §1614.601(a)]
X C.4.d. Does the HR office timely provide the EEO office with access to other data (e.g., exit interview data, climate assessment surveys, and grievance data), upon request? [see MD-715, II(C)]
X C.4.e. Pursuant to Section II(C) of MD-715, does the EEO office collaborate with the HR office to:
C.4.e.1. Implement the Affirmative Action Plan for Individuals with Disabilities? [see 29 CFR §1614.203(d);
MD-715, II(C)]
X C.4.e.2. Develop and/or conduct outreach and recruiting initiatives? [see MD-715, II(C)]
X C.4.e.3. Develop and/or provide training for managers and employees? [see MD-715, II(C)]
X C.4.e.4. Identify and remove barriers to equal opportunity in the workplace? [see MD-715, II(C)]
X C.4.e.5. Assist in preparing the MD-715 report? [see MD-715, II(C)]
X
Page 22 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator C.5. Following a finding of discrimination, the agency explores whether it should take a disciplinary action.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.5.a. Does the agency have a disciplinary policy and/or table of penalties that covers discriminatory conduct?
[see 29 CFR §1614.102(a)(6); see also Douglas v. Veterans Administration, 5 MSPR 280 (1981)]
X C.5.b. When appropriate, does the agency discipline or sanction managers and employees for discriminatory conduct? [see 29 CFR §1614.102(a)(6)] If yes, please state the number of disciplined/sanctioned individuals during this reporting period in the comments.
X There were zero disciplined/
sanctioned individuals (managers or employees) during this reporting period.
C.5.c. If the agency has a finding of discrimination (or settles cases in which a finding was likely), does the agency inform managers and supervisors about the discriminatory conduct (e.g., post mortem to discuss lessons learned)? [see MD-715, II(C)]
X
Page 23 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator C.6. The EEO office advises managers/supervisors on EEO matters.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A C.6.a. Does the EEO office provide management/supervisory officials with regular EEO updates on at least an annual basis, including EEO complaints, workforce demographics and data summaries, legal updates, barrier analysis plans, and special emphasis updates? [see MD-715 Instructions, Sec. I] If yes, please identify the frequency of the EEO updates in the comments column.
X Four annually held mandatory EEO and Diversity Management training courses are provided for managers and supervisors; on-going lunch-n-learns are held; EEO updates and other information is provided to NR employees through ongoing special emphasis program events and activities sponsored by the EEO office, Office of the Chief Human Capital Officer, EEO Advisory Committees and Affinity Groups.
C.6.b. Are EEO officials readily available to answer managers and supervisors questions or concerns? [see MD-715 Instructions, Sec. I]
X
Page 24 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: D Proactive Prevention Compliance Indicator D.1. The agency conducts a reasonable assessment to monitor progress towards achieving equal employment opportunity throughout the year.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A D.1.a. Does the agency have a process for identifying triggers in the workplace? [see MD-715 Instructions, Sec.
I]
X During the 3rd quarter of 2019, EEOC approved NRCs draft procedural process directed towards providing guidance to
- managers, supervisors, and other stakeholders.
D.1.b. Does the agency regularly use the following sources of information for trigger identification: workforce data; complaint/grievance data; exit surveys; employee climate surveys; focus groups; affinity groups; union; program evaluations; special emphasis programs; and/or external special interest groups? [see MD-715 Instructions, Sec. I]
X The Part H continues to be in place from prior years to enhance information and data collection.
D.1.c. Does the agency conduct exit interviews or surveys that include questions on how the agency could improve the recruitment, hiring, inclusion, retention and advancement of individuals with disabilities? [see 29 CFR §1614.203(d)(1)(iii)(C)]
X No specific questions on hiring or recruiting individuals with disabilities are asked during the exit interview.
NRC staff meets with EEO Advisory Committees to discuss improvement strategies of recruitment
- efforts, specifically PWD and PWTD, and has plans to establish a focus group to help identify how NRC can improve in these areas.
Page 25 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator D.2. The agency identifies areas where barriers may exclude EEO groups (reasonable basis to act.)
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A D.2.a. Does the agency have a process for analyzing the identified triggers to find possible barriers? [see MD-715, (II)(B)]
X D.2.b. Does the agency regularly examine the impact of management/personnel policies, procedures, and practices by race, national origin, sex, and disability? [see 29 CFR §1614.102(a)(3)]
X D.2.c. Does the agency consider whether any group of employees or applicants might be negatively impacted prior to making human resource decisions, such as re-organizations and realignments? [see 29 CFR §1614.102(a)
(3)]
X D.2.d. Does the agency regularly review the following sources of information to find barriers: complaint/
grievance data, exit surveys, employee climate surveys, focus groups, affinity groups, union, program evaluations, anti-harassment program, special emphasis programs, and/or external special interest groups? [see MD-715 Instructions, Sec. I)) If yes, please identify the data sources in the comments column.
X The EEO office reviews a number of sources regularly to identify triggers and eliminate barriers including:
complaint, grievance data, exit surveys, employee climate surveys, focus groups, affinity groups, union issues and
- concerns, program evaluations, anti-harassment program, special emphasis
- programs, reasonable accommodation program, etc. See MD-715 E3 Workforce Analysis.
Page 26 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator D.3. The agency establishes appropriate action plans to remove identified barriers.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A D.3.a. Does the agency effectively tailor action plans to address the identified barriers, in particular policies, procedures, or practices? [see 29 CFR §1614.102(a)(3)]
X D.3.b. If the agency identified one or more barriers during the reporting period, did the agency implement a plan in Part I, including meeting the target dates for the planned activities? [see MD-715, II(D)]
X D.3.c. Does the agency periodically review the effectiveness of the plans? [see MD-715, II(D)]
X
Page 27 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator D.4. The agency has an affirmative action plan for people with disabilities, including those with targeted disabilities.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A D.4.a. Does the agency post its affirmative action plan on its public website? [see 29 CFR §1614.203(d)(4)] If yes, please provide the internet address in the comments.
X www.nrc.gov/
about-nrc/
employment/
workingatnrc.html?
panel=2#panel2 D.4.b. Does the agency take specific steps to ensure qualified people with disabilities are aware of and encouraged to apply for job vacancies? [see 29 CFR §1614.203(d)(1)(i)]
X D.4.c. Does the agency ensure that disability-related questions from members of the public are answered promptly and correctly? [see 29 CFR §1614.203(d)(1)(ii)(A)]
X D.4.d. Has the agency taken specific steps that are reasonably designed to increase the number of persons with disabilities or targeted disabilities employed at the agency until it meets the goals? [see 29 CFR §1614.203(d)(7)
(ii)]
X NRC has in-place a Disability Affirmative Action Program; an internal control mechanism (MD 10.13), which establishes a Disability Employment Program geared towards increasing the hiring and advancement of PWD and PWTD; and a Disability Strategic Project Plan FY 2019-2024. The agency has hiring authority similar to Schedule A.
See MD-715 Report, E3 Workforce Analysis.
Page 28 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: E Efficiency
Page 29 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator E.1. The agency maintains an efficient, fair, and impartial complaint resolution process.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A E.1.a. Does the agency timely provide EEO counseling, pursuant to 29 CFR §1614.105?
X E.1.b. Does the agency provide written notification of rights and responsibilities in the EEO process during the initial counseling session, pursuant to 29 CFR §1614.105(b)(1)?
X E.1.c. Does the agency issue acknowledgment letters immediately upon receipt of a formal complaint, pursuant to MD-110, Ch. 5(I)?
X E.1.d. Does the agency issue acceptance letters/dismissal decisions within a reasonable time (e.g., 60 days) after receipt of the written EEO Counselor report, pursuant to MD-110, Ch. 5(I)? If so, please provide the average processing time in the comments.
X The processing time metric is 60 days. The majority of acceptance letters/
dismissal decisions are not issued within the established timeframe.
E.1.e. Does the agency ensure that all employees fully cooperate with EEO counselors and EEO personnel in the EEO process, including granting routine access to personnel records related to an investigation, pursuant to 29 CFR §1614.102(b)(6)?
X E.1.f. Does the agency timely complete investigations, pursuant to 29 CFR §1614.108?
X In FY 2020, NRC experienced an increase in discrimination complaints filed, delays in timely processing complaints, case backlog, and increased complaints awaiting a hearing.
E.1.g. If the agency does not timely complete investigations, does the agency notify complainants of the date by which the investigation will be completed and of their right to request a hearing or file a lawsuit, pursuant to 29 CFR §1614.108(g)?
X E.1.h. When the complainant did not request a hearing, does the agency timely issue the final agency decision, pursuant to 29 CFR §1614.110(b)?
X E.1.i. Does the agency timely issue final actions following receipt of the hearing file and the administrative judges decision, pursuant to 29 CFR §1614.110(a)?
X
Page 30 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist E.1.j. If the agency uses contractors to implement any stage of the EEO complaint process, does the agency hold them accountable for poor work product and/or delays? [See MD-110, Ch. 5(V)(A)] If yes, please describe how in the comments column.
X Contactors are held accountable for their work performance; and poor performance is addressed in accordance with provisions established under the contract.
E.1.k. If the agency uses employees to implement any stage of the EEO complaint process, does the agency hold them accountable for poor work product and/or delays during performance review? [See MD-110, Ch. 5(V)(A)]
X E.1.l. Does the agency submit complaint files and other documents in the proper format to EEOC through the Federal Sector EEO Portal (FedSEP)? [See 29 CFR § 1614.403(g)]
X Compliance Indicator E.2. The agency has a neutral EEO process.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A E.2.a. Has the agency established a clear separation between its EEO complaint program and its defensive function? [see MD-110, Ch. 1(IV)(D)] If yes, please explain.
X They are in two separate offices.
E.2.b. When seeking legal sufficiency reviews, does the EEO office have access to sufficient legal resources separate from the agency representative? [see MD-110, Ch. 1(IV)(D)] If yes, please identify the source/
location of the attorney who conducts the legal sufficiency review in the comments column.
X Megan Wright and Anne Hove perform sufficiency reviews. They are located in the Office of General Counsel, which is located at NRC Headquarters, Rockville, MD 20852 E.2.c. If the EEO office relies on the agencys defensive function to conduct the legal sufficiency review, is there a firewall between the reviewing attorney and the agency representative? [see MD-110, Ch. 1(IV)(D)]
X E.2.d. Does the agency ensure that its agency representative does not intrude upon EEO counseling, investigations, and final agency decisions? [see MD-110, Ch. 1(IV)(D)]
X E.2.e. If applicable, are processing time frames incorporated for the legal counsels sufficiency review for timely processing of complaints? [see EEOC Report, Attaining a Model Agency Program: Efficiency (Dec. 1, 2004)]
X
Page 31 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator E.3. The agency has established and encouraged the widespread use of a fair alternative dispute resolution (ADR) program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A E.3.a. Has the agency established an ADR program for use during both the pre-complaint and formal complaint stages of the EEO process? [see 29 CFR §1614.102(b)(2)]
X E.3.b. Does the agency require managers and supervisors to participate in ADR once it has been offered? [see MD-715, II(A)(1)]
X E.3.c. Does the Agency encourage all employees to use ADR, where ADR is appropriate? [See MD-110, Ch.
3(IV)(C)]
X E.3.d. Does the agency ensure a management official with settlement authority is accessible during the dispute resolution process? [see MD-110, Ch. 3(III)(A)(9)]
X E.3.e. Does the agency prohibit the responsible management official named in the dispute from having settlement authority? [see MD-110, Ch. 3(I)]
X E.3.f. Does the agency annually evaluate the effectiveness of its ADR program? [see MD-110, Ch. 3(II)(D)]
X Yes, however, for FY 2020 NRC experienced a low ADR participation rate for pre-complaint stage in the EEO process, which was below EEOCs established 50 percent ADR goal.
Page 32 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator E.4. The agency has effective and accurate data collection systems in place to evaluate its EEO program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A E.4.a. Does the agency have systems in place to accurately collect, monitor, and analyze the following data:
E.4.a.1. Complaint activity, including the issues and bases of the complaints, the aggrieved individuals/
complainants, and the involved management official? [see MD-715, II(E)]
X E.4.a.2. The race, national origin, sex, and disability status of agency employees? [see 29 CFR §1614.601(a)]
X The agency has effective and accurate data collection systems in place. There are challenges because much of the information is voluntary, but NRCs systems for collecting and housing data are adequate.
E.4.a.3. Recruitment activities? [see MD-715, II(E)]
X E.4.a.4. External and internal applicant flow data concerning the applicants race, national origin, sex, and disability status? [see MD-715, II(E)]
X The agency has effective and accurate data collection systems in place. There are challenges because much of the information is voluntary, but NRCs systems for collecting and housing data are adequate.
E.4.a.5. The processing of requests for reasonable accommodation? [29 CFR §1614.203(d)(4)]
X E.4.a.6. The processing of complaints for the anti-harassment program? [see EEOC Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999), § V.C.2]
X E.4.b. Does the agency have a system in place to re-survey the workforce on a regular basis? [MD-715 Instructions, Sec. I]
X
Page 33 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator E.5. The agency identifies and disseminates significant trends and best practices in its EEO program.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A E.5.a. Does the agency monitor trends in its EEO program to determine whether the agency is meeting its obligations under the statutes EEOC enforces? [see MD-715, II(E)] If yes, provide an example in the comments.
X The NRC monitors and reports trends on the basis and issues to NRC officials, Federal oversight agencies, and to the public via NRCs Web site.
E.5.b. Does the agency review other agencies best practices and adopt them, where appropriate, to improve the effectiveness of its EEO program? [see MD-715, II(E)] If yes, provide an example in the comments.
X NRC observed and now uses a NASA Best
- Practice, DIALOGUE.
NRC uses DIALOGUE as a tool to incorporate a culture of EEO and inclusive diversity in normal day-to-day business operations. NRC also utilizes OPMs new Inclusive Quotient video to impart knowledge to managers and supervisors on unconscious bias and five inclusion habits: Fair,
- Open, Cooperative, Supportive, and Empowering.
E.5.c. Does the agency compare its performance in the EEO process to other federal agencies of similar size?
[see MD-715, II(E)]
X
Page 34 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: F Responsiveness and Legal Compliance Compliance Indicator F.1. The agency has processes in place to ensure timely and full compliance with EEOC orders and settlement agreements.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A F.1.a. Does the agency have a system of management controls to ensure that its officials timely comply with EEOC orders/directives and final agency actions? [see 29 CFR §1614.102(e); MD-715, II(F)]
X F.1.b. Does the agency have a system of management controls to ensure the timely, accurate, and complete compliance with resolutions/settlement agreements? [see MD-715, II(F)]
X F.1.c. Are there procedures in place to ensure the timely and predictable processing of ordered monetary relief?
[see MD-715, II(F)]
X F.1.d. Are procedures in place to process other forms of ordered relief promptly? [see MD-715, II(F)]
X F.1.e. When EEOC issues an order requiring compliance by the agency, does the agency hold its compliance officer(s) accountable for poor work product and/or delays during performance review? [see MD-110, Ch. 9(IX)
(H)]
X Compliance Indicator F.2. The agency complies with the law, including EEOC regulations, management directives, orders, and other written instructions.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A F.2.a. Does the agency timely respond and fully comply with EEOC orders? [see 29 CFR §1614.502; MD-715, II(E)]
X F.2.a.1. When a complainant requests a hearing, does the agency timely forward the investigative file to the appropriate EEOC hearing office? [see 29 CFR §1614.108(g)]
X F.2.a.2. When there is a finding of discrimination that is not the subject of an appeal by the agency, does the agency ensure timely compliance with the orders of relief? [see 29 CFR §1614.501]
X F.2.a.3. When a complainant files an appeal, does the agency timely forward the investigative file to EEOCs Office of Federal Operations? [see 29 CFR §1614.403(e)]
X F.2.a.4. Pursuant to 29 CFR §1614.502, does the agency promptly provide EEOC with the required documentation for completing compliance?
X
Page 35 EEOC FORM 715-02 PART G U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Compliance Indicator F.3. The agency reports to EEOC its program efforts and accomplishments.
Measure Has Been Met For all unmet measures, provide a
brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency's status report Measures Yes No N/A F.3.a. Does the agency timely submit to EEOC an accurate and complete No FEAR Act report? [Public Law 107-174 (May 15, 2002), §203(a)]
X F.3.b. Does the agency timely post on its public webpage its quarterly No FEAR Act data? [see 29 CFR
§1614.703(d)]
X Essential Element: O Other
Page 36 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.1 Brief Description of Program Deficiency:
D.4.d. Has the agency taken specific steps that are reasonably designed to increase the number of persons with disabilities or targeted disabilities employed at the agency until it meets the goals? [see 29 CFR §1614.203(d)(7)(ii)]
Please see supporting document Part H - D.4.d.
Page 37 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.2 Brief Description of Program Deficiency:
D.1.b. Does the agency regularly use the following sources of information for trigger identification: workforce data; complaint/
grievance data; exit surveys; employee climate surveys; focus groups; affinity groups; union; program evaluations; special emphasis programs; and/or external special interest groups? [see MD-715 Instructions, Sec. I]
Please see supporting document Part H - D.1.b.
Page 38 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.3 Brief Description of Program Deficiency:
D.1.c. Does the agency conduct exit interviews or surveys that include questions on how the agency could improve the recruitment, hiring, inclusion, retention and advancement of individuals with disabilities? [see 29 CFR §1614.203(d)(1)(iii)(C)]
Page 39 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.4 Brief Description of Program Deficiency:
E.3.f. Does the agency annually evaluate the effectiveness of its ADR program? [see MD-110, Ch. 3(II)(D)]
Please see supporting document Part H - E.3.f.
Page 40 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.5 Brief Description of Program Deficiency:
E.1.d. Does the agency issue acceptance letters/dismissal decisions within a reasonable time (e.g., 60 days) after receipt of the written EEO Counselor report, pursuant to MD-110, Ch. 5(I)? If so, please provide the average processing time in the comments.
Please see supporting document Part H - E.1.d.
Page 41 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.6 Brief Description of Program Deficiency:
E.1.f. Does the agency timely complete investigations, pursuant to 29 CFR §1614.108?
Please see supporting document Part H - E.1.f.
Page 42 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.7 Brief Description of Program Deficiency:
OTHER. OTHER Please see supporting document Part H - Workforce Composition.
Page 43 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.8 Brief Description of Program Deficiency:
OTHER. OTHER Please see supporting document Part H - B.3.a, C.4.a, and C.4.b
Page 44 EEOC FORM 715-02 PART H U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Attain Essential Elements PART H.9 Brief Description of Program Deficiency:
OTHER. OTHER Please see supporting document Part H - B.4.a.7, C.4.c, D.1.b, E.4.a, E.4.a.2, E.4.a.3, and E.4.a.4.
Page 45 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.1 Source of the Trigger:
Other Specific Workforce Data Table:
Workforce Data Table - A1 STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - B.3.a, C.4.a, C.4.b.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 46 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.2 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - B.4.a.7, C.4.c, D.1.b, E.4.a, E.4.a.2, E.4.a.4.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 47 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.3 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - D.1.b.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 48 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.4 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - D.4.d.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 49 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.5 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - E.1.d.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 50 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.6 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - E.1.f.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 51 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.7 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - E.3.f.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 52 EEOC FORM 715-02 PART I U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT Nuclear Regulatory Commission For period covering October 1, 2019 to September 30, 2020 Plan to Eliminate Identified Barriers PART I.8 Source of the Trigger:
Other Specific Workforce Data Table:
N/A STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
Please see supporting document Part I - Workforce Composition.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments
Page 53 ppppppp MD-715 - Part J Special Program Plan for the Recruitment, Hiring, Advancement, and Retention of Persons with Disabilities To capture agencies affirmative action plan for persons with disabilities (PWD) and persons with targeted disabilities (PWTD), EEOC regulations (29 C.F.R. § 1614.203(e))
and MD-715 require agencies to describe how their affirmative action plan will improve the recruitment, hiring, advancement, and retention of applicants and employees with disabilities.
Section I: Efforts to Reach Regulatory Goals EEOC regulations (29 CFR §1614.203(d)(7)) require agencies to establish specific numerical goals for increasing the participation of persons with disabilities and persons with targeted disabilities in the federal government
- 1. Using the goal of 12% as the benchmark, does your agency have a trigger involving PWD by grade level cluster in the permanent workforce? If yes, describe the trigger(s) in the text box.
a.Cluster GS-1 to GS-10 (PWD)
Answer Yes b.Cluster GS-11 to SES (PWD)
Answer Yes The EEO office determined that triggers exist using the goal of 12% as the benchmark involving PWD in NRCs permanent workforce. Based on a review of demographic data, the NRC has not achieved the required Section 501 workforce goals of employing 12.00 percent PWD within the agencys permanent workforce. Although, there have been PWD staff decreases, NRC is making meaningful progress towards reaching the Section 501 goals. The EEO office determined that triggers exist using the goal of 12% as the benchmark involving PWD by grade level cluster in the permanent workforce. This determination is supported by the information uncovered and described in the following documents:
- Workforce Data Table B4.num (AD Permanent),
Workforce Table B6P: Mission-Critical Occupations,
- Workforce Data Table B7: Senior Grade Levels-Distribution by Disability (Participation Rate),
- Workforce Data Table B8: Management Positions (Participation Rate), and
- MD-715 Part E3. Workforce Analysis, Section 1. Introduction, Subsection 1.4 Workforce Composition, Subsection 1.4.2 Permanent Workforce Complement, Pp. 14-16, and Subsection 1.4.4 Analysis of Participation Rates for Women and Minorities in NRC Mission-Critical Occupations, Pp 16-29; Section 2. Analysis of Participation Rates for Women, Minorities, and Individuals with Disabilities in NRC Standard Occupations, Pp. 29-33; and Section 3. Analysis of Participation Rates for Women and Minorities in AD 13-14 Positions, Pp 33.
- For GS employees, please use two clusters: GS-1 to GS-10 and GS-11 to SES, as set forth in 29 C.F.R. § 1614.203(d)
(7). For all other pay plans, please use the approximate grade clusters that are above or below GS-11 Step 1 in the Washington, DC metropolitan region.
- 2. Using the goal of 2% as the benchmark, does your agency have a trigger involving PWTD by grade level cluster in the permanent workforce? If yes, describe the trigger(s) in the text box.
a.Cluster GS-1 to GS-10 (PWTD)
Answer Yes b.Cluster GS-11 to SES (PWTD)
Answer Yes
Page 54 The EEO office determined that triggers exist using the goal of 2% as the benchmark involving PWTD in NRCs permanent workforce. Based on a review of demographic data, the NRC has not achieved the required Section 501 workforce goals of employing 2.00 percent PWTD within the agencys permanent workforce. NRC is making meaningful progress towards reaching the Section 501 goals. The EEO office determined that triggers exist using the goal of 2% as the benchmark involving PWTD by grade level cluster in the permanent workforce. This determination is supported by the information uncovered and described in the following documents:
- Workforce Data Table B4.num (AD Permanent), Workforce Table B6P: Mission-Critical Occupations,
- Workforce Data Table B7: Senior Grade Levels-Distribution by Disability (Participation Rate),
- Workforce Data Table B8: Management Positions (Participation Rate), and
- MD-715 Part E3. Workforce Analysis, Section 1.
Introduction, Subsection 1.4 Workforce Composition, Subsection 1.4.2 Permanent Workforce Complement, Pp. 14-16, and Subsection 1.4.4 Analysis of Participation Rates for Women and Minorities in NRC Mission-Critical Occupations, Pp 16-29; Section 2. Analysis of Participation Rates for Women, Minorities, and Individuals with Disabilities in NRC Standard Occupations, Pp. 29-33; and Section 3. Analysis of Participation Rates for Women and Minorities in AD 13-14 Positions, Pp 33.
- 3. Describe how the agency has communicated the numerical goals to the hiring managers and/or recruiters.
The NRCs policies, regulations, and procedures regarding employment of PWDs are in Management Directive and Handbook 10.13, Part V, The NRC Program for Employment of Persons with Disabilities. The numerical goals are communicated to hiring managers and recruiters on-going through the following communication forums: (1) Annual EEO training for managers and supervisors; (2) Lunch and Learns; (3) NRC's Disability Program Strategic Project Plan (FY2019-FY 2024); (4) The Agency's 2019-2020 Disability Affirmative Action Plan for the Recruitment, Hiring, Advancement, and Retention of Persons with Disabilities, which is posted on the NRC/OCHCO/EEO office Web Page; and (5) EEO and Human Capital Briefings. During the 2020 EEO briefing, information was presented to the Agency Heads, senior officials and management, employees at all levels, stakeholders and the public at large regarding Section 501 regulatory changes, new requirements, the numerical goals, NRC efforts, etc. During 2020, NRC participated in a number of career events that included conveyance of NRCs hiring authority related to PWD and PWTD. [see MD-715, Part E.3, Workforce Analysis, Section 4. Recruitment, Subsection 5.4 Fiscal Year 2020 Recruitment and Advertisement Activities Pp 34-36.
Section II: Model Disability Program Pursuant to 29 C.F.R. § 1614.203(d)(1), agencies must ensure sufficient staff, training and resources to recruit and hire persons with disabilities and persons with targeted disabilities, administer the reasonable accommodation program and special emphasis program, and oversee any other disability hiring and advancement program the agency has in place.
A. PLAN TO PROVIDE SUFFICIENT & COMPETENT STAFFING FOR THE DISABILITY PROGRAM
- 1. Has the agency designated sufficient qualified personnel to implement its disability program during the reporting period? If no, describe the agencys plan to improve the staffing for the upcoming year.
Answer Yes
- 2. Identify all staff responsible for implementing the agency's disability employment program by the office, staff employment status, and responsible official.
Page 55
- of FTE Staff By Employment Status Disability Program Task Full Time Part Time Collateral Duty Responsible Official (Name, Title, Office Email)
Architectural Barriers Act Compliance 1
0 0
Alan Deleon Team Leader Alan.DeLeon@nrc.gov Section 508 Compliance 0
1 0
John Beatty Section 508 Coordinator John.Beatty@nrc.gov Special Emphasis Program for PWD and PWTD 1
0 0
Dorothea Washington Program Manager Dorothea.Washington@nrc.gov Answering questions from the public about hiring authorities that take disability into account 1
0 0
Kimberly English Recruitment Program Manager NRC/
OCHCO/W Kimberly.English@nrc.gov Processing applications from PWD and PWTD 1
0 0
Kimberly English Recruitment Program Manager Special Placement Program Coordinator (Individuals with Disabilities NRC/
OCHCO/WMB Kimberly.English@nrc.gov Processing reasonable accommodation requests from applicants and employees 1
0 0
Anne Silk Reasonable Accommodation Coordinator Ann.Silk@nrc.gov
- 3. Has the agency provided disability program staff with sufficient training to carry out their responsibilities during the reporting period? If yes, describe the training that disability program staff have received. If no, describe the training planned for the upcoming year.
Answer Yes In 2020, the OCHCO Disability program staff participated in training sessions such as: Building Understanding of Employment of People with Disabilities in Federal Agencies (FEED); Federal Equal Employment Opportunity Laws and the COVID-19 Pandemic (EEOC); Federal Agency Telework Considerations for Employees with Disabilities (FEED); 5 Tips for Disability Hiring(Disability Solutions); Connecting Agency Practices to Federal Disability Discrimination Complaints (FEED); Resolving Complex Reasonable Accommodation Issues in the Federal Workplace (Federal Webinars-LRP Publications).
B. PLAN TO ENSURE SUFFICIENT FUNDING FOR THE DISABILITY PROGRAM Has the agency provided sufficient funding and other resources to successfully implement the disability program during the reporting period? If no, describe the agencys plan to ensure all aspects of the disability program have sufficient funding and other resources Answer Yes Section III: Plan to Recruit and Hire Individuals with Disabilities Pursuant to 29 C.F.R. §1614.203(d)(1)(i) and (ii), agencies must establish a plan to increase the recruitment and hiring of individuals with disabilities. The questions below are designed to identify outcomes of the agencys recruitment program plan for PWD and PWTD A. PLAN TO IDENTIFY JOB APPLICATIONS WITH DISABILITIES
- 1. Describe the programs and resources the agency uses to identify job applicants with disabilities, including individuals with targeted disabilities.
Page 56 In 2020, the agency participated in a variety of recruitment outreach events designed to increase the number of qualified PWD and PWTD within the major occupations. The NRC engaged in extensive recruitment outreach, which is identified in MD-715, Part E.3 - Executive Summary: Workforce Analyses, Sec.
- 5. Recruitment. Subsection 5.4 Fiscal Year 2020 Recruitment and Advertisement Activities. To increase outreach and the number of applications from individuals with disabilities, the agency continued its partnership with Equal Opportunity Publications and GettingHired.com. Through the two partnerships, the agency participated in recruitment events and posted job vacancies on the online job board. In addition, the NRC has a profile page on https://www.gettinghired.com/, which is a job board that empowers job seekers with disabilities to find employment. The NRC advertises with ABILITY Corps/
ABILITY Magazine, which concentrates on assistance to PWD, including PWTD. The NRC continued to partner with the U.S. Department of Defenses Operation Warfighter (OWF) Program, which provides Federal internship opportunities in a supportive work setting to recovering service members. NRC representatives participated in OWF hiring events at Ft. Belvoir and Walter Reed National Military Center on a periodic basis. The NRC used the U.S.
Department of Labors Office of Disability Employment Policy and the U.S.
Department of Defense Workforce Recruitment Program résumé database to search for candidates for administrative assistant, information technology, and temporary summer student positions. The NRC strengthened its relationship with the Wounded Warrior Project (WWP), and in June 2020 NRC staff conducted an informational session with WWP constituents on special hiring authorities. NRC partnered with the Department of Labors Workforce Recruitment Program (WRP) by accessing their resume database to search for candidates for Administrative Assistant, Information Technology, and Temporary Summer Student positions.
- 2. Pursuant to 29 C.F.R. §1614.203(a)(3), describe the agencys use of hiring authorities that take disability into account (e.g., Schedule A) to recruit PWD and PWTD for positions in the permanent workforce The NRC uses all available and appropriate hiring authorities to recruit and hire PWD and PWTD including Special Hiring Authority that takes disability into account (similar to Schedule A Hiring Authority) to hire PWTD; and non-competitive selection of PWDs. During FY 2020, the NRC engaged in extensive recruitment outreach, which is identified in MD-715, Part E.3 -
Executive Summary: Workforce Analyses, Sec. 5. Recruitment. Section 8, Applicants and New Hires for NRC Mission-Critical Occupations reflects 1 PWD hired General Engineering. Section 9 Internal Competitive Promotions for NRC Mission-Critical Occupations, Subsection 9.4 Managers reflects 1 PWD promoted to a manager position. Subsection 9.5 [GG]-15 or Equivalent reflects there were 2 PWD and 1 PWTD selected for GG-15 or equivalent positions. Subsection 9.6 [GG]-14 or Equivalent reflects there was 1 PWTD selected for GG-14 or equivalent positions. Subsection 9.10 Nuclear Engineering reflects the applicant selected was a PWD. (See Workforce Tables B3 and B7. Workforce Table B7: Senior Grade Levels (Participation Rate)
- 3. When individuals apply for a position under a hiring authority that takes disability into account (e.g., Schedule A), explain how the agency (1) determines if the individual is eligible for appointment under such authority; and, (2) forwards the individual's application to the relevant hiring officials with an explanation of how and when the individual may be appointed.
Page 57 In accordance with NRCs established Special Hiring Authority (Schedule A equivalent), the following steps are to be taken: 1) The hiring manager alerts the servicing Human Resources (HR) Specialist of the job opening and explains what competencies the ideal candidate should possess; 2) The HR Specialist consults with the Disability Program Manager (DPM) regarding resources available to the hiring manager with potential Special Hiring Authority applicants; 3) If available, the hiring manager reviews the resumes of the applicants, conducts interviews, and makes a selection. If there are no candidates available or the hiring manager is not satisfied with any of the Special Hiring Authority applicants presented for consideration, he/she retains the option to use other methods to fill the vacancy; 4) If a selection decision is made, the servicing HR Specialist extends the offer of employment on behalf of the agency; and, 5) Once the offer has been accepted, a start date is established to bring the candidate on board.
- 4. Has the agency provided training to all hiring managers on the use of hiring authorities that take disability into account (e.g., Schedule A)? If yes, describe the type(s) of training and frequency. If no, describe the agencys plan to provide this training.
Answer Yes Information and materials have been made available to hiring managers online.
During FY 2020, the OCHCO and Office of General Counselor (OGC) in coordination with the EEO office provided training to 104 hiring managers on the use of hiring authorities that take disability into account and how to use and access resumes of qualifying individuals as part of the agencys mandatory annual (and Refresher) EEO supervisors and managers training, which was conducted four times during the year. In addition to the mandatory managers and supervisors training, OCHCO educated and trained other NRC supervisors on the use of hiring authorities, Reasonable Accommodation Plan and areas of overlap such as workers compensation, Family Medical Leave Act, telework, ergonomics, accessibility issues, information technology, and modifications of the physical environment. In addition, the Advisory Committee for Employees with Disabilities (ACED) provided information on disability hiring authorities at their annual event in October 2019. In FY 2020, OCHCO plans to offer an online training course to new and current supervisors using the course on the OPM training wiki page entitled "A Roadmap to Success: Hiring, Retaining, and Including People with Disabilities."
B. PLAN TO ESTABLISH CONTACTS WITH DISABILITY EMPLOYMENT ORGANIZATIONS Describe the agencys efforts to establish and maintain contacts with organizations that assist PWD, including PWTD, in securing and maintaining employment.
See answer provided under question 1 above. NRC purchased marketing contract packages through GettingHired.com; Ability Corps/Ability Magazine; Equal Opportunity Publications, Inc. - Careers & the disabled; and Competitive Edge Services, Inc./Corporate Gray. NRC attended career fairs sponsored by:
Equal Opportunity Publications, Inc. - Careers & the disabled and Competitive Edge Services, Inc./Corporate Gray. NRC also used social networking to help recruit PWD and PWTD. Additionally, OPMs CHCO shared with NRC its list of individuals with disabilities.
C. PROGRESSION TOWARDS GOALS (RECRUITMENT AND HIRING)
- 1. Using the goals of 12% for PWD and 2% for PWTD as the benchmarks, do triggers exist for PWD and/or PWTD among the new hires in the permanent workforce? If yes, please describe the triggers below.
- a. New Hires for Permanent Workforce (PWD)
Answer Yes
- b. New Hires for Permanent Workforce (PWTD)
Answer Yes See answer provided in Section I Efforts to Reach Regulatory Goals.
- 2. Using the qualified applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among the new hires for any of the mission-critical occupations (MCO)? If yes, please describe the triggers below. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. New Hires for MCO (PWD)
Answer Yes
- b. New Hires for MCO (PWTD)
Answer Yes
Page 58 See answer provided in Section I Efforts to Reach Regulatory Goals. For more details, see MD-715 Part E3. NRC Workforce Analysis Section 8 Applicants and New Hires for NRC Mission-Critical Occupations, Pp. 37-40. See also Workforce Table B6P, Mission Critical Occupations, and Table B3, Occupational Categories-Distribution by Disability (Participation Rate).
- 3. Using the relevant applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among the qualified internal applicants for any of the mission-critical occupations (MCO)? If yes, please describe the triggers below. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Qualified Applicants for MCO (PWD)
Answer Yes
- b. Qualified Applicants for MCO (PWTD)
Answer Yes See answer provided in Section I Efforts to Reach Regulatory Goals. For more details, see MD-715 Part E3. NRC Workforce Analysis Section 9 Internal Competitive Promotions for NRC Mission-Critical Occupations, Pp. 40. See also Workforce Table B6P, Mission Critical Occupations, and Table B3, Occupational Categories-Distribution by Disability (Participation Rate)., and Table B7, Senior Grade Levels (Participation Rate).
- 4. Using the qualified applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among employees promoted to any of the mission-critical occupations (MCO)? If yes, please describe the triggers below. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Promotions for MCO (PWD)
Answer Yes
- b. Promotions for MCO (PWTD)
Answer Yes See answer provided in Section I Efforts to Reach Regulatory Goals. For more details, see MD-715 Part E3. NRC Workforce Analysis Section 9 Internal Competitive Promotions for NRC Mission-Critical Occupations, Pp. 40. See also Workforce Table B6P, Mission Critical Occupations, and Table B3, Occupational Categories-Distribution by Disability (Participation Rate)., and Table B7, Senior Grade Levels (Participation Rate).
Section IV: Plan to Ensure Advancement Opportunities for Employees with Disabilities Pursuant to 29 C.F.R. §1614.203(d)(1)(iii), agencies are required to provide sufficient advancement opportunities for employees with disabilities. Such activities might include specialized training and mentoring programs, career development opportunities, awards programs, promotions, and similar programs that address advancement. In this section, agencies should identify, and provide data on programs designed to ensure advancement opportunities for employees with disabilities.
A. ADVANCEMENT PROGRAM PLAN Describe the agencys plan to ensure PWD, including PWTD, have sufficient opportunities for advancement.
Page 59 The NRC continues to offer foundational leadership and professional development training through the Leadership Academy. This program offers PWD a variety of instructor-led leadership and interpersonal skills courses.
Through courses such as Leadership Orientation, Emotional Intelligence, and Building Your Leadership Potential Through Effective Communication, staff can assess their leadership potential, improve their interpersonal relationship skills, and begin learning about the OPM Leadership Competencies that are critical for successful career advancement. In FY 2019, HRTD launched three new instructor-led courses--Strategies for Managing Your Career, Writing Your Resume, and Winning Interview Strategiesto specifically provide employees tools and strategies for navigating key career development activities such as choosing a career path or preparing for and participating in interviews. NRC also offers PWD two-self-paced programs to develop leadership skills at different levels. The Aspiring Leaders Certificate Program (ALCP) for employees at grades GG 13 - 15 is a non-competitive NRC leadership development program designed to develop future supervisors. The Leader at All Levels Certificate Program (LCP) provides employees (GG 7-12) the opportunity to acquire and strengthen the fundamental leadership competencies that support self-awareness and self-management. Both programs support development of the OPM leadership competencies, offering instructor-led and online courses at the employees own pace In addition to instructor led-training, PWD have access to over 23,000 Skillsoft online courses, books, audiotapes, and videos in the Talent Management System (TMS), NRCs learning management system. In 2020, a new Career Enhancement Curriculum was added to TMS. Consisting of online courses, videos, and books, PWD can now listen to an audiobook or watch a 3-5-minute expert insight video to develop their professional skills and enhance their career a time and place convenient to their schedule. Through the TMS online learning resources, PWD serving in administrative and corporate positions can acquire the foundational skills they need to successfully perform at higher levels and be more competitive when seeking new opportunities as they become available. In 2020, the agency engaged in a number of other initiatives designed to ensure PWD and PWTD were provided sufficient advancement opportunity [see MD-715, Part E3, Workforce Analyses Sec. 10 Hiring and Recruitment: Focus-Noncompetitive Hiring, Rotations, Details, Assignments, Advancements, and Other Selections. Pp. 47. In 2020, NRC launched two additional initiatives to help PWD advance their careers and professional development. The Guide to Career Enhancement is a SharePoint site of tools and resources to help staff assess their skills set, reflect on personal priorities, and prepare for future job opportunities. The Career Mentoring Program is a self-service program for PWD who are motivated to develop their skill and career, and Mentors who want to share their knowledge and experience. These new initiatives, in combination with other learning and training resources, reflect NRCs strategic choice to help PWD develop their skills and grow in their careers. On an annual basis, NRC reviews the demographics of participation in the various career development and advancement programs. NRC also leverages the Advisory Committee on Employees with Disabilities to provide feedback.
B. CAREER DEVELOPMENT OPPORTUNITES
- 1. Please describe the career development opportunities that the agency provides to its employees.
Page 60 The NRC launched two initiatives to help PWD advance their careers and professional development. The Guide to Career Enhancement SharePoint site provides tools and resources to help staff assess their skills, reflect on personal priorities, and prepare for future job opportunities. The Career Mentoring Program is a self-service program for employees who are motivated to develop their careers and/or specific skills, and Mentors who want to share their knowledge and experience. These new initiatives, in combination with other learning and training resources, reflect NRCs strategic choice to help PWD develop their skills and grow in their careers. The NRC will also be launching an internal program called NRC Open Opportunities where employees can apply to participate in projects, workgroups, etc. These opportunities look for employees who can contribute their existing skills and develop new ones. The program facilitates collaboration and knowledge sharing across the agency.
This program will allow for more opportunities for PWD to work in other areas to demonstrate their skills and abilities, as well as grow their network. [see also MD-715,Part E3, Workforce Analysis. Sec.11. Training and Development Opportunities Pp. 47-50].
- 2. In the table below, please provide the data for career development opportunities that require competition and/or supervisory recommendation/approval to participate.
Career Development Opportunities Total Participants PWD PWTD Applicants (#)
Selectees (#)
Applicants (#)
Selectees (#)
Applicants (#)
Selectees (#)
Fellowship Programs 0
0 0.0%
0.0%
0.0%
0.0%
Mentoring Programs 0
0 0.0%
0.0%
0.0%
0.0%
Coaching Programs 0
0 0.0%
0.0%
0.0%
0.0%
Training Programs 0
0 0.0%
0.0%
0.0%
0.0%
Detail Programs 0
0 0.0%
0.0%
0.0%
0.0%
Other Career Development Programs 542 23 0.37%
0.0%
0.18%
0.0%
Internship Programs 0
0 0.0%
0.0%
0.0%
0.0%
- 3. Do triggers exist for PWD among the applicants and/or selectees for any of the career development programs? (The appropriate benchmarks are the relevant applicant pool for the applicants and the applicant pool for selectees.) If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Applicants (PWD)
Answer Yes
- b. Selections (PWD)
Answer Yes The EEO office reviewed the Workforce Table Data (See B7) to identify career development program information related to senior grade levels (i.e.,
Executives, Managers, Supervisors, SES, GG-15, GG-14 and GG-13). The data reflects 0 for program slots, eligibility number, applicants, and selections for career development programs. The EEO office continues to collaborate with OCHCO around establishing an information/data collections system that track employee participation in career development opportunities, such as:
internship, fellowship, mentoring, coaching, training, Detail, and other career development programs Some progress was made in 2019 [see MD-715, Workforce Analysis - Training and Development]. It is anticipated that NRC will make steady progress during 2020-2021 and will be able to provide EEOC with another progress update during the fourth quarter of 2021. The EEO will review the applicant data once its available.
- 4. Do triggers exist for PWTD among the applicants and/or selectees for any of the career development programs? (The appropriate benchmarks are the relevant applicant pool for the applicants and the applicant pool for selectees.) If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Applicants (PWTD)
Answer No
- b. Selections (PWTD)
Answer No The EEO Office is unable to conduct and analysis due to no information/data being provided.
C. AWARDS
Page 61
- 1. Using the inclusion rate as the benchmark, does your agency have a trigger involving PWD and/or PWTD for any level of the time-off awards, bonuses, or other incentives? If yes, please describe the trigger(s) in the text box.
- a. Awards, Bonuses, & Incentives (PWD)
Answer Yes
- b. Awards, Bonuses, & Incentives (PWTD)
Answer Yes The EEO office identified a trigger related to the PWD and PWTD groups based on the disparities identified when comparing the time-off awards made to PWD and PWTD with employees who self-identified as not having a disability related to: Time-off awards for 1-10 hours, 11-20 hours and PWD related to time off awards for 21-30 hours and 31-40 hours. See MD-715 Part E3 Workforce Analysis Section 12. Retention Efforts, Including Salary Distribution and Time Off and Cash Awards (Pp. 52-55), Subsections 12.3 Employee Incentives, 12.4 Employee Recognition and Awards, 12.5 Time-Off Awards (1-10 Hours), 12.6 Time-Off Awards (11-20 Hours), 12.7 Time-Off Awards (21-30 Hours), 12.8 Time-Off Awards (31-40 Hours), 12.9 Time-Off Awards (41 or More Hours). The EEO office identified a trigger related to the PWD and PWTD groups based on the disparities identified when comparing the cash awards to PWD and PWTD for $500 or under, $501-$999, $1,000-$1,999,
$2,000-$2,999, $3,000-$3,999, $4,000-$4,999, and $5,000 or more. See MD-715 Part E3 Workforce Analysis Section 12. Retention Efforts, Including Salary Distribution and Time Off and Cash Awards (Pp. 55-61).
- 2. Using the inclusion rate as the benchmark, does your agency have a trigger involving PWD and/or PWTD for quality step increases or performance-based pay increases? If yes, please describe the trigger(s) in the text box.
- a. Pay Increases (PWD)
Answer Yes
- b. Pay Increases (PWTD)
Answer Yes The EEO office identified a trigger related to the PWD and PWTD groups based on the disparities identified when comparing the quality step increase awards made to PWD and PWTD with employees who self-identified as not having a disability. See MD-715 Part E3 Workforce Analysis Section 12.
Retention Efforts, Including Salary Distribution and Time Off and Cash Awards (Pp. 61-62), Subsection 12.17 Quality Step Increases Awarded.
- 3. If the agency has other types of employee recognition programs, are PWD and/or PWTD recognized disproportionately less than employees without disabilities? (The appropriate benchmark is the inclusion rate.) If yes, describe the employee recognition program and relevant data in the text box.
- a. Other Types of Recognition (PWD)
Answer No
- b. Other Types of Recognition (PWTD)
Answer No D. PROMOTIONS
- 1. Does your agency have a trigger involving PWD among the qualified internal applicants and/or selectees for promotions to the senior grade levels?
(The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and the qualified applicant pool for selectees.) For non-GS pay plans, please use the approximate senior grade levels. If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. SES
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
- b. Grade GS-15
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
- c. Grade GS-14
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
- d. Grade GS-13
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
Page 62 For more information see Table B7 (Participation Rate), and MD-715 Part E3 Workforce Analysis (Pp. 40-47). The NRC issued 2 vacancy announcements for promotion to a SES or equivalent position. NRC received 9 applications.
Within the group, 6 self-identified as no disability (66.67 percent), and 3 employees did not self identify their status (33.33 percent), All 9 applicants were determined qualified for the position and referred to the hiring official.
There were no employees interviewed for the position. The NRC selected 2 employees. There were no PWD applicants selected for employment. Similar issues were noted with the GG-15, GG-14, and GG-13 promotional positions.
The NRC issued 18 vacancy announcements for promotion to a GG-15 or equivalent position. NRC received 275 applications. Within the GG-15 or equivalent process, 126 applicants self-identified as no disability (45.82 percent), 130 employees did not self-identify their status (47.27 percent), and 20 employee self-identified as PWD (7.27 percent). NRC determined 201 applicants were qualified for the position. NRC referred 289 applicants to the hiring official (??? Conflicting data/numbers dont match). There were no employees interviewed for the position. There were 23 selections of whom, there were 21 nondisabled individuals (91.30 percent), and 2 PWD (8.70 percent) selected for GG-15 or equivalent positions. The NRC issued 32 vacancy announcements for promotion to a GG-14 or equivalent position. NRC received 252 applications. Within the GG-14 or equivalent process, 101 applicants self-identified as no disability (40.08 percent), 149 employees did not self-identify their status (59.13 percent), and 3 employees self-identified as PWD (1.19 percent). NRC determined that there were 223 applicants qualified for the position. NRC referred 315 applicants to the hiring official (???
Conflicting data/numbers dont match). There were no employees interviewed for the position. There were 36 employee selections of whom, there were 23 nondisabled individuals selected, 3 who did not identify a disability, and 1 PWD selected for GG-14 or equivalent positions. The NRC issued 1 vacancy announcement for promotion to a GG-13 or equivalent position. NRC received 37 applications. Within the GG-13 or equivalent process, 16 applicants self-identified as no disability (43.24 percent), 17 employees did not self-identify their status (45.95 percent), and 4 employee self-identified as PWD (10.81 percent). There were no employees interviewed for the position. There were no PWD selected for a GG-13 or equivalent. position.
- 2. Does your agency have a trigger involving PWTD among the qualified internal applicants and/or selectees for promotions to the senior grade levels?
(The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and the qualified applicant pool for selectees.) For non-GS pay plans, please use the approximate senior grade levels. If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. SES
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
- b. Grade GS-15
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
- c. Grade GS-14
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
- d. Grade GS-13
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
Page 63 For more information see Table B7 (Participation Rate) and MD-715 Part E3 Workforce Analysis, Pp. 40-47. The NRC issued 2 vacancy announcements for promotion to a SES or equivalent position. NRC received 9 applications. Within the group, 6 self-identified as no disability (66.67 percent), and 3 employees did not self identify their status (33.33 percent), All 9 applicants were determined qualified for the position and referred to the hiring official. There were no employees interviewed for the position. The NRC selected 2 employees. There were no PWD applicants selected for employment. Similar issues were noted with the GG-15, GG-14, and GG-13 promotional positions.
The NRC issued 18 vacancy announcements for promotion to a GG-15 or equivalent position. NRC received 275 applications. Within the GG-15 or equivalent process, 126 applicants self-identified as no disability (45.82 percent), 130 employees did not self-identify their status (47.27 percent), and 7 employees self-identified as PWTD (2.55 percent). NRC determined 201 applicants were qualified for the position. NRC referred 289 applicants to the hiring official (??? Conflicting data/numbers dont match). There were no employees interviewed for the position. There were 23 selections of whom, there were 21 nondisabled individuals (91.30 percent), and 1 PWTD (4.35 percent) was selected for a GG-15 or equivalent position. The NRC issued 32 vacancy announcements for promotion to a GG-14 or equivalent position. NRC received 252 applications. Within the GG-14 or equivalent process, 101 applicants self-identified as no disability (40.08 percent), 149 employees did not self-identify their status (59.13 percent), and 3 employees self-identified as PWTD (1.19 percent). NRC determined that there were 223 applicants qualified for the position. NRC referred 315 applicants to the hiring official (???
Conflicting data/numbers dont match). There were no employees interviewed for the position. There were 36 employee selections for GG-14 or equivalent positions of whom, there were 23 nondisabled individuals selected, 3 who did not identify a disability, and 1 PWTD (2.78 percent). The NRC issued 1 vacancy announcement for promotion to a GG-13 or equivalent position. NRC received 37 applications. Within the GG-13 or equivalent process, 16 applicants self-identified as no disability (43.24 percent), 17 employees did not self-identify their status (45.95 percent), and 1 employee self-identified as PWTD (2.70 percent). NRC determined that 20 applicants were qualified for the position and referred them to the hiring official. There were no employees interviewed for the position. One employee was selected for the position. There were no PWD selected for a GG-13 or equivalent position.
- 3. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWD among the new hires to the senior grade levels?
For non-GS pay plans, please use the approximate senior grade levels. If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. New Hires to SES (PWD)
Answer Yes
- b. New Hires to GS-15 (PWD)
Answer Yes
- c. New Hires to GS-14 (PWD)
Answer Yes
- d. New Hires to GS-13 (PWD)
Answer Yes
Page 64 For more information see Table B7 (Participation Rate). The NRC issued 1 new hire vacancy announcement for an SES or equivalent position. NRC received 18 applications. Within the group, 7 self-identified as no disability (38.89 percent), 10 employees did not self identify their status (55.56 percent), and 1 employee self-identified as PWD (5.56 percent). Eighteen applicants were determined qualified for the position. One applicant was referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWD applicants selected for employment.
The NRC issued 1 new hire vacancy announcement for a GG-15 or equivalent position. NRC received 47 applications. Within the group, 25 self-identified as no disability (53.19 percent), 18 employees did not self identify their status (38.30 percent), and 4 employees self-identified as PWD (8.51 percent). Forty-six applicants were determined qualified for the position. Thirty-three applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWD applicants selected for employment. The NRC issued 3 new hire vacancy announcements for a GG-14 or equivalent position. NRC received 188 applications. Within the group, 71 self-identified as no disability (37.77 percent), 100 employees did not self identify their status (53.19 percent), and 17 employees self-identified as PWD (9.04 percent). One hundred fifty-five applicants were determined qualified for the position. One hundred sixty applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 3 employees. There were 0 PWD applicants selected for employment.
The NRC issued 5 new hire vacancy announcements for a GG-13 or equivalent position. NRC received 378 applications. Within the group, 126 self-identified as no disability (33.33 percent), 101 employees did not self identify their status (26.72 percent), and 13 employees self-identified as PWD (3.44 percent). NRC determined that 177 applicants were qualified for the position.
NRC referred 269 applicants to the hiring official There were no employees interviewed for the position. The NRC selected 9 employees. There was 1 PWD applicant selected for employment.
- 4. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWTD among the new hires to the senior grade levels? For non-GS pay plans, please use the approximate senior grade levels. If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. New Hires to SES (PWTD)
Answer Yes
- b. New Hires to GS-15 (PWTD)
Answer Yes
- c. New Hires to GS-14 (PWTD)
Answer Yes
- d. New Hires to GS-13 (PWTD)
Answer Yes
Page 65 For more information see Table B7 (Participation Rate). The NRC issued 1 new hire vacancy announcement for an SES or equivalent position. NRC received 18 applications. Within the group, 7 self-identified as no disability (38.89 percent), 10 employees did not self identify their status (55.56 percent), and 1 employee self-identified as a PWTD (5.56 percent). Eighteen applicants were determined qualified for the position. One applicant was referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWTD applicants selected for employment. The NRC issued 1 new hire vacancy announcement for a GG-15 or equivalent position. NRC received 47 applications. Within the group, 25 self-identified as no disability (53.19 percent), 18 employees did not self identify their status (38.30 percent), and 3 employees self-identified as a PWTD (6.38 percent). Forty-six applicants were determined qualified for the position. Thirty-three applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWTD applicants selected for employment. The NRC issued 3 new hire vacancy announcements for a GG-14 or equivalent position. NRC received 188 applications. Within the group, 71 self-identified as no disability (37.77 percent), 100 employees did not self identify their status (53.19 percent), and 10 employees self-identified as a PWTD (5.32 percent). One hundred fifty-five applicants were determined qualified for the position. One hundred sixty applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 3 employees. There were 0 PWTD applicants selected for employment. The NRC issued 5 new hire vacancy announcements for a GG-13 or equivalent position. NRC received 378 applications. Within the group, 126 self-identified as no disability (33.33 percent), 101 employees did not self identify their status (26.72 percent), and 9 employees self-identified as PWD (2.38 percent). NRC determined that 177 applicants were qualified for the position. NRC referred 269 applicants to the hiring official There were no employees interviewed for the position. The NRC selected 9 employees. There were 0 PWTD applicants selected for employment.
- 5. Does your agency have a trigger involving PWD among the qualified internal applicants and/or selectees for promotions to supervisory positions?
(The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and the qualified applicant pool for selectees.) If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Executives
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
- b. Managers
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
- c. Supervisors
- i. Qualified Internal Applicants (PWD)
Answer Yes ii. Internal Selections (PWD)
Answer Yes
Page 66 For more information see Workforce Table B7: Senior Grade Levels (Participation Rate), and MD-715 Part E3, (Pp. 40-47). The EEO office identified triggers related to Executive promotions. The NRC issued 1 Executive vacancy announcement. NRC received 3 applications. Within the Executives internal competitive promotion process, all 3 applicants self-identified as no disability (100.00 percent). NRC determined all 3 applicants were qualified for the position and referred them to the hiring official. There were no employees interviewed for the position. There was 1 employee selected. The NRC issued 2 manager vacancy announcements. NRC received 20 applications. Within the managers internal competitive promotion process, 8 applicants self-identified as no disability (40.00 percent), 10 employees did not self-identify their status (50.00 percent), and 2 employee self-identified as PWD (10.00 percent). NRC determined that there were 20 applicants qualified for the position of whom, none were PWD. These employees were referred to the hiring official. There were no employees interviewed for the position. Two employees were promoted to manager positions. There was 1 PWD (50.00 percent) selected for promotion to the manager position. The NRC issued 7 supervisor vacancy announcements. NRC received 77 applications. Within the supervisors internal competitive promotion process, 36 applicants self-identified as no disability (46.75 percent), 35 employees did not self-identify their status (45.45 percent), and 7 employee self-identified as PWD (9.09 percent). NCR determined that 63 applicants were qualified for the position, including 7 PWTD (11.11 percent). Seventy-two applicants were referred to the hiring official. There were no employees interviewed for the position. There were 9 employees promoted to supervisor positions. There were no PWD selected for promotion to the supervisor position.
- 6. Does your agency have a trigger involving PWTD among the qualified internal applicants and/or selectees for promotions to supervisory positions?
(The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and the qualified applicant pool for selectees.) If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. Executives
- i. Qualified Internal Applicants (PWTD)
Answer No ii. Internal Selections (PWTD)
Answer No
- b. Managers
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
- c. Supervisors
- i. Qualified Internal Applicants (PWTD)
Answer Yes ii. Internal Selections (PWTD)
Answer Yes
Page 67 For more information see Workforce Table B7, and MD-715 Part E3, (Pp.
40-47). The EEO office identified triggers related to Executive promotions. The NRC issued 1 Executive vacancy announcement. NRC received 3 applications.
Within the Executives internal competitive promotion process, all 3 applicants self-identified as no disability (100.00 percent). NRC determined all 3 applicants were qualified for the position and referred them to the hiring official.
There were no employees interviewed for the position. There was 1 employee selected. The NRC issued 2 manager vacancy announcements. NRC received 20 applications. Within the managers internal competitive promotion process, 8 applicants self-identified as no disability (40.00 percent), 10 employees did not self-identify their status (50.00 percent), and 1 employee self-identified as PWTD (5.00 percent). NRC determined that there were 20 applicants qualified for the position of whom, none were PWTD. These employees were referred to the hiring official. There were no employees interviewed for the position. Two employees were promoted to manager positions. There were no PWTD selected for promotion to the manager position. The NRC issued 7 supervisor vacancy announcements. NRC received 77 applications. Within the supervisors internal competitive promotion process, 36 applicants self-identified as no disability (46.75 percent), 35 employees did not self-identify their status (45.45 percent), and 2 employees self-identified as PWTD (2.60 percent). NCR determined that 63 applicants were qualified for the position, including 7 PWTD (11.11 percent).Seventy-two applicants were referred to the hiring official. There were no employees interviewed for the position. There were 9 employees promoted to supervisor positions. There were no PWTD selected for promotion to the supervisor position.
- 7. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWD among the selectees for new hires to supervisory positions? If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. New Hires for Executives (PWD)
Answer Yes
- b. New Hires for Managers (PWD)
Answer No
- c. New Hires for Supervisors (PWD)
Answer Yes For more information see Table B7 Senior Grade Levels (Participation Rate),
and MD-715 Part E3. The NRC issued 1 new hire vacancy announcement for executive position. NRC received 18 applications. Within the group, 7 self-identified as no disability (38.89 percent), 10 employees did not self identify their status (55.56 percent), and 1 employee self-identified as PWD (5.56 percent). Eighteen applicants were determined qualified for the position of whom, there were no PWD. One applicant was referred to the hiring official.
There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWD applicants selected for employment. The NRC issued 0 new hire vacancy announcements for manager position. The NRC issued 1 new hire vacancy announcement for supervisor position. NRC received 47 applications. Within the group, 25 self-identified as no disability (53.19 percent), 18 employees did not self identify their status (38.30 percent), and 4 employees self-identified as PWD (8.51 percent). Forty-six applicants were determined qualified for the position of whom, there were no PWD. Thirty-three applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWD applicants selected for employment.
- 8. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWTD among the selectees for new hires to supervisory positions? If yes, describe the trigger(s) in the text box. Select n/a if the applicant data is not available for your agency, and describe your plan to provide the data in the text box.
- a. New Hires for Executives (PWTD)
Answer Yes
- b. New Hires for Managers (PWTD)
Answer No
- c. New Hires for Supervisors (PWTD)
Answer Yes
Page 68 For more information see Table B7 Senior Grade Levels (Participation Rate),
and MD-715 Part E3. The NRC issued 1 new hire vacancy announcement for executive position. NRC received 18 applications. Within the group, 7 self-identified as no disability (38.89 percent), 10 employees did not self identify their status (55.56 percent), and 1 employee self-identified as PWTD (5.56 percent). Eighteen applicants were determined qualified for the position of whom, there were no PWD. One applicant was referred to the hiring official.
There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWD applicants selected for employment. The NRC issued 0 new hire vacancy announcements for manager position. The NRC issued 1 new hire vacancy announcement for supervisor position. NRC received 47 applications. Within the group, 25 self-identified as no disability (53.19 percent), 18 employees did not self identify their status (38.30 percent), and 3 employees self-identified as PWD (6.38 percent). Forty-six applicants were determined qualified for the position of whom, there were no PWD. Thirty-three applicants were referred to the hiring official. There were no employees interviewed for the position. The NRC selected 1 employee. There were no PWTD applicants selected for employment.
Section V: Plan to Improve Retention of Persons with Disabilities To be model employer for persons with disabilities, agencies must have policies and programs in place to retain employees with disabilities. In this section, agencies should: (1) analyze workforce separation data to identify barriers retaining employees with disabilities; (2) describe efforts to ensure accessibility of technology and facilities; and (3) provide information on the reasonable accommodation program and workplace assistance services.
A. VOLUNTARY AND INVOLUNTARY SEPARATIONS
- 1. In this reporting period, did the agency convert all eligible Schedule A employees with a disability into the competitive service after two years of satisfactory service (5 CFR § 213.3102(u)(6)(i))? If no, please explain why the agency did not convert all eligible Schedule A employees.
Answer N/A N/A. There were no employees who fell under the identified category..
- 2. Using the inclusion rate as the benchmark, did the percentage of PWD among voluntary and involuntary separations exceed that of persons without disabilities? If yes, describe the trigger below.
a.Voluntary Separations (PWD)
Answer Yes b.Involuntary Separations (PWD)
Answer Yes For more information see Workforce Table B1-2: Total Workforce (Inclusion Rate). The NRC experienced 116 workforce retirements. Persons without disabilities accounted for 99 retirements (3.74 percent). There were 17 PWD retirements (7.83 percent), which exceeded that of nondisabled employees.
The NRC also experience 70 other separations. Persons without disabilities accounted for 58 other separations (2.19 percent). There were 12 PWD other separations (5.53 percent), which exceeded that of nondisabled employees.
The NRC 2020 total separation count was 236 employees. Persons without disabilities accounted for 203 total separations (7.66 percent). There were 33 PWD total separations (15.21 percent), which exceeded that of nondisabled employees. The NRC total workforce removal consisted of 3 employees of whom, there were: 2 nondisabled (0.08 percent), and 1 PWD (0.46 percent) individuals.
- 3. Using the inclusion rate as the benchmark, did the percentage of PWTD among voluntary and involuntary separations exceed that of persons without targeted disabilities? If yes, describe the trigger below.
a.Voluntary Separations (PWTD)
Answer Yes b.Involuntary Separations (PWTD)
Answer No For more information see Workforce Table B1-2: Total Workforce (Inclusion Rate). There were 1 PWTD other separations (2.86 percent), which exceeded that of nondisabled employees (2.19 percent). Persons without disabilities accounted for 203 total separations (7.66 percent). There were 2 PWTD total separations (5.71 percent), which exceeded that of nondisabled employees.
- 4. If a trigger exists involving the separation rate of PWD and/or PWTD, please explain why they left the agency using exit interview results and other data sources.
Page 69 The NRC has noted concerns raised by departing employees in exist interview surveys. As a result, MD-715 Part H and Part I plans have been instituted, and SBCR and OCHCO will be coordinating efforts during FY 2021 to put in-place change strategies.
B. ACCESSIBILITY OF TECHNOLOGY AND FACILITIES Pursuant to 29 CFR §1614.203(d)(4), federal agencies are required to inform applicants and employees of their rights under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794(b), concerning the accessibility of agency technology, and the Architectural Barriers Act of 1968 (42 U.S.C. § 4151-4157), concerning the accessibility of agency facilities. In addition, agencies are required to inform individuals where to file complaints if other agencies are responsible for a violation.
- 1. Please provide the internet address on the agencys public website for its notice explaining employees and applicants rights under Section 508 of the Rehabilitation Act, including a description of how to file a complaint.
The NRC is committed to making every possible effort to ensure that all information on its internal Web site is accessible. Section 508 of the Rehabilitation Act Link to non-NRC Site (29 U.S.C. 794d), as amended in 1998, is a federal law that requires agencies to provide individuals with disabilities equal access to electronic information and data comparable to those who do not have disabilities, unless an undue burden would be imposed on the agency. The Section 508 standards are the technical requirements and criteria that are used to measure conformance within this law. More information on Section 508 and the technical standards can be found at www.section508.gov Link to non-NRC Site. If you have any comments, concerns, or questions regarding the accessibility of our Web site please Contact the Web Site Staff Link to NRC Public Site. In your message, please include the Web site address or URL and the specific problems you have encountered. Section 508 policy and compliance guidance information can be found on the NRC Section 508 Web page. For questions about NRC Section 508 policy and compliance guidance or to provide comments and/or feedback on the NRC's Section 508 program please contact Section508@nrc.gov. Complaints regarding noncompliance with Section 508 of the Rehabilitation Act should be filed with NRC's Office of Small Business and Civil Rights (SBCR). Click on How to File a Complaint for information about SBCR's complaint process and Standard Form 782 to file an electronic complaint. For additional information, please contact Stephen Smith, Civil Rights Program Manager at 301-415-7380, or EEOPrograms.Resource@nrc.gov. The EEO office conducts NRCs Internal Disability Compliance Program, which implements the provisions of 10 CFR Part 4, Subpart E, Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission.
- 2. Please provide the internet address on the agencys public website for its notice explaining employees and applicants rights under the Architectural Barriers Act, including a description of how to file a complaint.
The EEO office conducts NRCs Internal Disability Compliance Program, which implements the provisions of 10 CFR Part 4, Subpart E, Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission, which includes compliance with the Architectural Barriers Act and a description of how to file a complaint. The internet address is, as follows: https://www.nrc.gov/reading-rm/
doc-collections/cfr/part004/.
- 3. Describe any programs, policies, or practices that the agency has undertaken, or plans on undertaking over the next fiscal year, designed to improve accessibility of agency facilities and/or technology.
Page 70 The EEO office conducted a review of NRC's 2020 Building Accessibility Report. NRC completed several renovation projects in 2019. All renovations were designed to meet current Americans with Disabilities Act Accessibility Guidelines (ADAAG). NRC, along with the building landlord, and GSA, renovated the first-floor lobby. Those renovations are described, herein. The existing restrooms were not renovated since they are in good shape and meet ADA Accessibility Guidelines, but NRC replaced each restroom door and added ADA compliant automatic door openers. Most of the lobby renovation consisted of upgrading the lobby finishes. NRC replaced the wall finishes, ceiling tiles, the fire alarm strobes and speakers, and enhanced the lighting levels throughout the lobby with LED lighting. The two existing drinking fountains were replaced with new ADA compliant drinking fountains with built-in bottle fillers. The existing door openers on the P-1 level elevator lobby doors and the 7th floor men and women restrooms were upgraded with wave disability door openers. NRC is testing the new touchless wave disability door openers on these three doors before replacing all the existing disability touch pads throughout the NRC headquarter complex. As part of the lease, the landlord completed upgrading all eight elevators located in TWFN with new controls, motors, and the elevator cabs meets the current ADA accessibility guidelines. Two of the eight elevators were completed in FY 2020. The other six elevators were upgraded in FY2018 and FY2019.
C. REASONABLE ACCOMMODATION PROGRAM Pursuant to 29 C.F.R. § 1614.203(d)(3), agencies must adopt, post on their public website, and make available to all job applicants and employees, reasonable accommodation procedures.
- 1. Please provide the average time frame for processing initial requests for reasonable accommodations during the reporting period. (Please do not include previously approved requests with repetitive accommodations, such as interpreting services.)
Within five (5) business days of receipt of the request, the Reasonable Accommodation Coordinator (RAC) or designee will begin reviewing the request and will keep the requestor and requestors supervisor apprised of the status or the need for any additional information or other delay as the nature of the request demands. The NRC will process requests for reasonable accommodations and provide accommodations, where appropriate, in as short a time frame as reasonably possible. Interim accommodations may be approved as a temporary provisional measure for cases that present extenuating circumstances. The NRCs Reasonable Accommodation Procedures contains a section entitled Reasonable Accommodation Timeline, which identifies specific actions and the associated timelines. For more information click http://drupal.nrc.gov/ochco/ catalog/303.
- 2. Describe the effectiveness of the policies, procedures, or practices to implement the agencys reasonable accommodation program. Some examples of an effective program include timely processing requests, timely providing approved accommodations, conducting training for managers and supervisors, and monitoring accommodation requests for trends.
NRCs Management Directive (MD-10.62) on Disability Programs and Reasonable Accommodations was revised to provide more current and accurate information. The reasonable accommodations procedures align with new requirements of EEOCs 501 Final Rule and are posted on the NRCs public and internal Web sites. The agency is also finalizing updates to the agency procedures and training for requesting premium class travel due to disabilities. In 2020, four sessions of management training were also held as part of the agencys mandatory EEO and Diversity Management Training for Managers and Supervisors.
D. PERSONAL ASSISTANCE SERVICES ALLOWING EMPLOYEES TO PARTICIPATE IN THE WORKPLACE Pursuant to 29 CFR §1614.203(d)(5), federal agencies, as an aspect of affirmative action, are required to provide personal assistance services (PAS) to employees who need them because of a targeted disability, unless doing so would impose an undue hardship on the agency.
Describe the effectiveness of the policies, procedures, or practices to implement the PAS requirement. Some examples of an effective program include timely processing requests for PAS, timely providing approved services, conducting training for managers and supervisors, and monitoring PAS requests for trends.
Page 71 The NRC included its Personal Assistant Services (PAS) procedures in the EEOC approved Reasonable Accommodations Procedures (RAP). Requests for PAS will be made in the same manner as all other requests for reasonable accommodations outlined in Section I of the RAP. The PAS provides PWTDs assistance with daily needs that would otherwise prevent them from being able to work such as eating and attending to other daily personal care needs such as toileting. OCHCO has determined that requests for PAS for applicants and employees will be requested and procured using a personal assistance service provider. This will be done in conjunction with the NRCs Office of Administrations Acquisition Management Division. All requests will be managed by the Disability Program Manager. The NRC has explored various ways to meet this requirement while also abiding by contracting and procurement requirements. The agency determined that the best path forward was to create a task order on an existing health services contract to procure these services. In the event the agency received a PAS request before the task order was in place, the agency would pay for services using an agency bank card as a temporary measure. All procurements will comply with established EEOC guidance.
Section VI: EEO Complaint and Findings Data A. EEO COMPLAINT DATA INVOLVING HARASSMENT
- 1. During the last fiscal year, did a higher percentage of PWD file a formal EEO complaint alleging harassment, as compared to the government-wide average?
Answer No
- 2. During the last fiscal year, did any complaints alleging harassment based on disability status result in a finding of discrimination or a settlement agreement?
Answer No
- 3. If the agency had one or more findings of discrimination alleging harassment based on disability status during the last fiscal year, please describe the corrective measures taken by the agency.
B. EEO COMPLAINT DATA INVOLVING REASONABLE ACCOMMODATION
- 1. During the last fiscal year, did a higher percentage of PWD file a formal EEO complaint alleging failure to provide a reasonable accommodation, as compared to the government-wide average?
Answer No
- 2. During the last fiscal year, did any complaints alleging failure to provide reasonable accommodation result in a finding of discrimination or a settlement agreement?
Answer Yes
- 3. If the agency had one or more findings of discrimination involving the failure to provide a reasonable accommodation during the last fiscal year, please describe the corrective measures taken by the agency.
none Section VII: Identification and Removal of Barriers Element D of MD-715 requires agencies to conduct a barrier analysis when a trigger suggests that a policy, procedure, or practice may be impeding the employment opportunities of a protected EEO group.
- 1. Has the agency identified any barriers (policies, procedures, and/or practices) that affect employment opportunities for PWD and/or PWTD?
Answer Yes
- 2. Has the agency established a plan to correct the barrier(s) involving PWD and/or PWTD?
Answer Yes
- 3. Identify each trigger and plan to remove the barrier(s), including the identified barrier(s), objective(s), responsible official(s), planned activities, and, where applicable, accomplishments
Page 72 Source of the Trigger:
Workforce Data (if so identify the table)
Specific Workforce Data Table:
Workforce Data Table - B1 STATEMENT OF CONDITION THAT WAS A TRIGGER FOR A POTENTIAL BARRIER:
Provide a brief narrative describing the condition at issue.
How was the condition recognized as a potential barrier?
The 2018 Statement of Condition that was a Trigger for a Potential Barrier will remain in-place for the following: (1) Existence of triggers for PWD among the new hires in the permanent workforce.
(2) Existence of triggers associated with participation rate of PWD and PWTD in the agencys total workforce. (3) Data collections mechanism that track career development opportunities that require competition and/or supervisory recommendation/approval to participate.
STATEMENT OF BARRIER GROUPS:
Barrier Group Barrier Analysis Process Completed?:
N Barrier(s) Identified?:
N STATEMENT OF IDENTIFIED BARRIER:
Provide a succinct statement of the agency policy, procedure or practice that has been determined to be the barrier of the undesired condition.
Barrier Name Description of Policy, Procedure, or Practice Objective(s) and Dates for EEO Plan Date Initiated Target Date Sufficient Funding /
Staffing?
Date Modified Date Completed Objective Description Responsible Official(s)
Title Name Standards Address The Plan?
Planned Activities Toward Completion of Objective Target Date Planned Activities Sufficient Staffing &
Funding?
Modified Date Completion Date Report of Accomplishments Fiscal Year Accomplishments 2020
[see MD-715, Part E3, Workforce Analysis for other accomplishments].
- 4. Please explain the factor(s) that prevented the agency from timely completing any of the planned activities.
Page 73 The NRC was in the process of developing a Disability Program Strategic Project Plan for FY 2019 - FY 2024. The plan was completed in FY20 and it is posted on NRC's public website. The Plan identifies 5 target areas: recruitment, hiring, retention, development and career progression, and cultural change. All target areas include a goal along with corresponding action items. NRC plans to conduct a focus group in fiscal year 2020, with NRC employees, to Identify challenges and barriers for people with disabilities when applying and interviewing for jobs at the NRC, receiving training and developmental opportunities, and applying for and being selected for promotions/new opportunities. However, due to the COVID-19, this may be delayed until later during FY21. OCHCO determined that the plan to interview people who are not employed by the NRC requires the agency to get OMB clearance for any type of survey or questions. Therefore, this activity is not being pursued. However, NRC is planning on doing a focus group with agency employees to Identify challenges and barriers for people with disabilities when applying and interviewing for jobs at the NRC, receiving training and developmental opportunities, and applying for and being selected for promotions/ new opportunities. Everything is in place - including questions and network announcement to solicit participants. - It has not been done as of this report.
- 5. For the planned activities that were completed, please describe the actual impact of those activities toward eliminating the barrier(s).
The EEOC advised the NRC, via letter dated September 30, 2019, that the agencys reasonable accommodations procedures are in compliance with EEOC regulations implementing Section 501 the Rehabilitation Act of 1973 (Section 501), as amended. After receiving EEOCs notification, NRC posted the RAP on the agencys internal and external websites. During 2020, NRC has been implementing the updated procedures, posting procedures, and ensuring manager and supervisor awareness to promote compliance with regulations and requirements.
- 6. If the planned activities did not correct the trigger(s) and/or barrier(s), please describe how the agency intends to improve the plan for the next fiscal year.
The NRC is making meaningful progress towards achieving the employment benchmark goals (12 percent for PWD and 2 percent D) for employment of individuals with disabilities.