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TITLE III--EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT DATA DISCLOSURE
SEC. 301. <<NOTE: information. Public Internet.>> DATA TO BE POSTED BY
EMPLOYING FEDERAL AGENCIES.
(a) In General.--Each Federal agency shall post on its public Web
site, in the time, form, and manner prescribed under section 303 (in
conformance with the requirements of this section), summary statistical
data relating to equal employment opportunity complaints filed with such
agency by employees or former employees of, or applicants for employment
with, such agency.
(b) Content Requirements.--The data posted by a Federal agency under
this section shall include, for the then current fiscal year, the
following:
(1) The number of complaints filed with such agency in such
fiscal year.
(2) The number of individuals filing those complaints
(including as the agent of a class).
(3) The number of individuals who filed 2 or more of those
complaints.
(4) The number of complaints (described in paragraph (1)) in
which each of the various bases of alleged discrimination is
alleged.
(5) The number of complaints (described in paragraph (1)) in
which each of the various issues of alleged discrimination is
alleged.
(6) The average length of time, for each step of the
process, it is taking such agency to process complaints (taking
into account all complaints pending for any length of time in
such fiscal year, whether first filed in such fiscal year or
earlier). Average times under this paragraph shall be posted--
(A) for all such complaints,
(B) for all such complaints in which a hearing
before an administrative judge of the Equal Employment
Opportunity Commission is not requested, and
(C) for all such complaints in which a hearing
before an administrative judge of the Equal Employment
Opportunity Commission is requested.
(7) The total number of final agency actions rendered in
such fiscal year involving a finding of discrimination and, of
that number--
(A) the number and percentage that were rendered
without a hearing before an administrative judge of the
Equal Employment Opportunity Commission, and
(B) the number and percentage that were rendered
after a hearing before an administrative judge of the
Equal Employment Opportunity Commission.
(8) Of the total number of final agency actions rendered in
such fiscal year involving a finding of discrimination--
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(A) the number and percentage involving a finding of
discrimination based on each of the respective bases of
alleged discrimination, and
(B) of the number specified under subparagraph (A)
for each of the respective bases of alleged
discrimination--
(i) the number and percentage that were
rendered without a hearing before an
administrative judge of the Equal Employment
Opportunity Commission, and
(ii) the number and percentage that were
rendered after a hearing before an administrative
judge of the Equal Employment Opportunity
Commission.
(9) Of the total number of final agency actions rendered in
such fiscal year involving a finding of discrimination--
(A) the number and percentage involving a finding of
discrimination in connection with each of the respective
issues of alleged discrimination, and
(B) of the number specified under subparagraph (A)
for each of the respective issues of alleged
discrimination--
(i) the number and percentage that were
rendered without a hearing before an
administrative judge of the Equal Employment
Opportunity Commission, and
(ii) the number and percentage that were
rendered after a hearing before an administrative
judge of the Equal Employment Opportunity
Commission.
(10)(A) Of the total number of complaints pending in such
fiscal year (as described in the parenthetical matter in
paragraph (6)), the number that were first filed before the
start of the then current fiscal year.
(B) With respect to those pending complaints that were first
filed before the start of the then current fiscal year--
(i) the number of individuals who filed those
complaints, and
(ii) the number of those complaints which are at the
various steps of the complaint process.
(C) Of the total number of complaints pending in such fiscal
year (as described in the parenthetical matter in paragraph
(6)), the total number of complaints with respect to which the
agency violated the requirements of section 1614.106(e)(2) of
title 29 of the Code of Federal Regulations (as in effect on
July 1, 2000, and amended from time to time) by failing to
conduct within 180 days of the filing of such complaints an
impartial and appropriate investigation of such complaints.
(c) Timing and Other Requirements.--
(1) Current year data.--Data posted under this section for
the then current fiscal year shall include both--
(A) interim year-to-date data, updated quarterly,
and
(B) final year-end data.
(2) Data for prior years.--The data posted by a Federal
agency under this section for a fiscal year (both interim and
final) shall include, for each item under subsection (b), such
agency's corresponding year-end data for each of the 5
immediately preceding fiscal years (or, if not available for all
5 fiscal years, for however many of those 5 fiscal years for
which data are available).
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SEC. 302. <<NOTE: information. Public Internet.>> DATA TO BE POSTED BY
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
(a) In General.--The Equal Employment Opportunity Commission shall
post on its public Web site, in the time, form, and manner prescribed
under section 303 for purposes of this section, summary statistical data
relating to--
(1) hearings requested before an administrative judge of the
Commission on complaints described in section 301, and
(2) appeals filed with the Commission from final agency
actions on complaints described in section 301.
(b) Specific Requirements.--The data posted under this section
shall, with respect to the hearings and appeals described in subsection
(a), include summary statistical data corresponding to that described in
paragraphs (1) through (10) of section 301(b), and shall be subject to
the same timing and other requirements as set forth in section 301(c).
(c) Coordination.--The data required under this section shall be in
addition to the data the Commission is required to post under section
301 as an employing Federal agency.
SEC. 303. RULES.
The Equal Employment Opportunity Commission shall issue any rules
necessary to carry out this title.
Approved May 15, 2002.
LEGISLATIVE HISTORY--H.R. 169:
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HOUSE REPORTS: No. 107-101, Pt. 1 (Comm. on the Judiciary).
SENATE REPORTS: No. 107-143 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 2, considered and passed House.
Apr. 23, considered and passed Senate, amended.
Apr. 30, House concurred in Senate amendments.
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