U.S. Equal Employment
Opportunity Commission
OIG VISION
Agents Igniting Change and Fostering Accountability, Effectiveness and Efficiency in Government
OIG MISSION
OIG’s mission is to (1) conduct and manage independent audit, evaluations, and investigations concerning Agency programs; (2) prevent and detect against Agency fraud, waste, and abuse; and (3) promote economy and efficiency, and effectiveness in Agency programs and operations.
A Message from the Acting Inspector General
The Audit and Evaluation Program
Completed Projects
New and Ongoing Audit and Evaluation Projects
Audit Follow-Up
The Investigation Program
Investigative Inquiries
Completed Investigations
Ongoing Investigative Activity
Appendixes
Appendix I. Final Office of Inspector General Audit and Evaluation Reports
Appendix II. Index of Reporting Requirements
Appendix III. Single Audit Act Reports
In accordance with the Inspector General Act of 1978, as amended, I herewith submit the Semiannual Report to Congress for the period April 1, 2010, through September 30, 2010, which summarizes the major activities of our office for the reporting period. Section 5 of the Inspector General Act requires the Chair to transmit this report to the appropriate committees or subcommittees of Congress within 30 days of its receipt.
During this period, the OIG completed seven investigations and received 683 investigative inquiries, of which 289 were charge processing issues, 277 were Title VII complaints, and 117 were other investigative allegations.
The OIG staff would like to thank Chair Jacqueline A. Berrien and her staff for their continued support, and we look forward to working with them in the future.
In closing, I would like to thank the dedicated staff of the OIG for their continued commitment to pursuing the mission of this office and that of the Commission.
Regards,
Milton A. Mayo Jr.
Acting Inspector General
October 29, 2010
This semiannual report is issued pursuant to the Inspector General Act of 1978, as amended, and summarizes the Office of Inspector General’s (OIG’s) activities and significant accomplishments for the period April 1, 2010, through September 30, 2010.
During the reporting period, the OIG closed seven investigative matters and received 683 investigative inquiries, of which 289 were charge-processing issues, 277 were Title VII complaints, and 117 were other investigative allegations.
Included among the OIG’s completed, newly initiated, and ongoing audit, evaluation, and investigative projects are the following:
The Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is the Federal agency responsible for enforcement of Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1967; Section 501 of the Rehabilitation Act of 1973 (in the Federal sector only); Title I of the Americans with Disabilities Act of 1990 and Americans with Disabilities Act Amendments Act of 2008; the Civil Rights Act of 1991; the Lilly Ledbetter Fair Pay Act of 2009; and the Genetic Information Nondiscrimination Act of 2008 (P.L. 110-233 Stat 881), also referred to as GINA. These statutes prohibit employment discrimination based on race, sex, color, religion, national origin, age, disability, or genetic information.
EEOC is also responsible for carrying out Executive Order 12067, which promotes coordination and minimizes conflict and duplication among Federal agencies that administer statutes or regulations involving employment discrimination.
EEOC is a bipartisan commission composed of five presidentially appointed members, including a Chair, a Vice Chair, and three commissioners. The Chair is responsible for the administration and implementation of policy and for the financial management and organizational development of the Commission. The Vice Chair and the commissioners equally participate in the development and approval of the policies of EEOC, issue charges of discrimination where appropriate, and authorize the filing of lawsuits. Additionally, the President appoints a General Counsel, who is responsible for conducting litigation under the laws enforced by the Commission.
The Office of Inspector General
The U.S. Congress established an Office of Inspector General (OIG) at EEOC through the 1988 amendments of the Inspector General Act of 1978, which expanded authority to designated Federal entities to create independent and objective OIGs. Under the direction of the Inspector General (IG), the OIG meets this statutory responsibility by conducting and supervising audits, evaluations, and investigations relating to the programs and operations of the Agency; providing leadership and coordination; and recommending policies for activities designed to promote economy, efficiency, and effectiveness in the administration of programs and operations.
In October 2008, Congress passed the Inspector General Reform Act of 2008, which generally buttressed the independence of IGs, increased their resources, and held them more accountable for their performance.
The OIG is under the supervision of the IG, an independent EEOC official subject to the general supervision of the Chair. The IG must not be prevented or prohibited by the Chair or any other EEOC official from initiating, carrying out, or completing any audit, investigation, evaluation, or other inquiry or from issuing any report.
The IG provides overall direction, coordination, and leadership to the OIG; is the principal advisor to the Chair in connection with all audit and investigative matters relating to the prevention, identification, and elimination of waste in any EEOC program or operation; and recommends the proper boundaries of audit and investigation jurisdiction between the OIG and other EEOC organizations. The IG also develops a separate and independent annual budget for the OIG; responds directly to inquiries from the public, Congress, or the news media; and prepares press releases, statements, and other information about the OIG’s activities.
The Deputy Inspector General (DIG) serves as the alter ego of the IG and participates fully in policy development and management of the diverse audit, investigation, evaluation, and support operations of the OIG. The DIG also ensures that the Audit, Evaluation, and Investigation Programs (AEIP) address their mission, goals, and objectives in accordance with the Inspector General Act, other laws, Agency policy, and congressional requests. The DIG provides overall direction, program guidance, and supervision to the AEIP. The AEIP staff conducts audits, evaluations, and investigations of EEOC operations and activities and prepares reports for issuance to the Chair, EEOC management, and Congress.
The Counsel to the Inspector General (CIG) is the sole legal advisor in the OIG, providing advice in connection with matters of importance to the OIG. The CIG provides day-to-day guidance to the OIG’s investigation team and is the primary liaison with Agency legal components and the Department of Justice. The CIG assists the IG and DIG in the development and implementation of the OIG’s policies and procedures. The CIG conducts legal reviews of all audit, evaluation, and investigation reports; reviews proposed and revised legislation and regulations; and recommends appropriate responses and actions.
In addition to these positions, the OIG staff includes a management analyst, an evaluator, two auditors, two criminal investigators, an administrative specialist, and a confidential support assistant.
The OIG has two vacant positions. The Inspector General’s position has been vacant since January 2010. In April 2010, the OIG’s management analyst, who served as its information technology specialist, accepted an appointment with another Designated Federal Entity (DFE). The incumbent managed the OIG’s information technology program, including its oversight of the Agency’s annual Federal Information Security Management Act review. We anticipate that the Agency’s Office of Human Resources (OHR) will have completed a reclassification of the position and that a vacancy announcement will be issued during the first quarter of FY 2011.
The Audit and Evaluation Program supports the OIG’s strategic goal to improve the economy, efficiency, and effectiveness of EEOC programs, operations, and activities.
Peer Review of the Federal Communications Commission
In accordance with Government Auditing Standards and Council of the Inspectors General on Integrity and Efficiency (CIGIE) guidelines, the audit operations of OIGs are to undergo independent external peer reviews every three years. The EEOC OIG performed the peer review of the Federal Communications Commission’s (FCC’s) OIG for the period ending March 31, 2010. In our opinion, the system of quality control for the FCC OIG’s audit organization in effect for the year ending March 31, 2010, was suitably designed and complied with to provide FCC reasonable assurance of performing and reporting in conformity with applicable professional standards, and we issued a peer review rating of “pass.”
Agency Compliance with the Federal Managers’ Financial Integrity Act (FMFIA)
The OIG’s independent assessment is to determine if the Agency’s management control evaluation process was conducted in accordance with Office of Management and Budget (OMB) standards. EEOC Order 195.001, Internal Control Systems, requires the OIG to annually provide the Chair a written advisory on whether EEOC’s management control evaluation process complied with OMB guidelines. To make this determination, the OIG is reviewing:
The OIG expects to issue the assessment to the Chair prior to the reporting deadline of November 15, 2010, for inclusion in the Agency’s 2010 Performance and Accountability Report.
FY 2010 Audit of the Consolidated EEOC Financial Statements
The OIG contracted with Harper, Rains, Knight & Company, P.A., of Ridgeland, Mississippi, to perform the 2010 financial statement audit of the EEOC, which is required by the Accountability of Tax Dollars Act of 2002. Fieldwork is ongoing, and the audit opinion is expected to be issued by November 15, 2010, to meet the OMB’s deadline and to be included in the Agency’s 2010 Performance and Accountability Report. Additionally, a management letter report will be issued shortly after the financial statement audit, identifying any internal control weaknesses.
FY 2010 Federal Information Security Management Act (FISMA) Audit
The OIG contracted with Delta Corporate Services, Inc. (Government Solutions Group), to perform an independent evaluation of EEOC’s information security program and selected EEOC systems for compliance with the FISMA Act of 2002 and the OMB’s FY 2010 reporting requirements for Inspectors General contained in OMB Memorandum M-10-15. An entrance conference was held on July 28, 2010. Fieldwork is under way and is scheduled to be completed early in the first quarter of 2011 to meet the November 15, 2010, OMB reporting deadline.
State and Local Programs Management
EEOC provided about $30 million in FY 2010 to its state and local partners, known as Fair Employment Practice Agencies (FEPAs), to resolve employment discrimination charges. The OIG contracted with the Washington, D.C., office of Williams, Adley & Company, LLP, to conduct a program evaluation of the EEOC State and Local Programs Office to generally assess the Agency’s performance in managing this program. The scope of the evaluation will focus, at a high level, on the adequacy, effectiveness, and efficiency of EEOC’s FEPA program management activities in four key areas:
The draft and final reports are scheduled to be issued during the second quarter of FY 2010.
Internal Control Review of the Miami District OfficeThe OIG concluded its internal control testing of the Miami District Office. A draft report will be issued in the first quarter of FY 2011.
Audit follow-up is an integral part of good management and is a shared responsibility of Agency management officials and auditors. Corrective action taken by management on resolved findings and recommendations is essential to improving the effectiveness and efficiency of Agency operations. Therefore, EEOC needs to review and enhance the corrective action process to ensure the prompt resolution and implementation of audit recommendations.
Section 5(a)(1) of the Inspector General Act of 1978, as amended, requires semiannual reports to include a summary description of significant problems, abuses, and deficiencies relating to the Agency’s administration of programs and operations disclosed by the OIG during the reporting period. There were no reports issued during this reporting period.
As required by Section 5(a)(3) of the Inspector General Act of 1978, as amended, semiannual reports are to provide an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed. OIG staff met with the Agency follow-up officials on August 12, 2010, and noted no corrective action plans had been received since our meeting held in March 2010. The OIG spring 2010 Semiannual Report to Congress disclosed 11 reviews with a total of 52 open recommendations. For this reporting period, the OIG is reporting a total of 9 reviews with a total of 35 open recommendations. The following table shows those recommendations for which corrective action has not been completed.
Recommendations for Which Corrective Actions Have Not Been Completed
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2010 | 2009-04-FIN | FY 2009 Financial Statement Audit MReport | 11/13/209 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2009 | 2008-05-FIN | FY 2008 Financial Statement Audit Internal Control Report | 11/14/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2008 | 2007-11-RFPERF | Performance Audit of the Equal Employment Opportunity Commission’s Education, Training, and Technical Assistance Program Revolving Fund | 8/26/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2008 | 2008-12-AEP | FY 2008 Independent Audit of EEOC Privacy Program | 9/30/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2008 | 2008-13-AEP | Independent Evaluation of Agency Compliance with Federal Information Systems Management Act | 9/24/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2008 | 2008-03-AMR | Oversight of Federal Agency Reporting Management Directive 715 (MD-715) and Related Topics | 9/26/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2007 | 2007-10-RFFIN | FY 2007 Financial Statement Audit of EEOC Training and Technical Assistance Internal Control | 11/15/2007 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2007 | 2007-12-AMR | Evaluation of EEOC Field Office Continuity of Operations (COOP) Plans | 3/27/2008 |
Fiscal Year | Report Number | Report Title | Date Issued |
---|---|---|---|
2007 | 2007-08-FIN | FY 2007 Financial Statement Audit | 11/15/2007 |
As required by Section 5(a)(10) of the Inspector General Act of 1978, as amended, semiannual reports shall include a summary of each audit report issued before the start of the reporting period for which no management decision has been made by the end of the reporting period. The OIG issued no audit or evaluation reports prior to the reporting period for which no management decision has been made.
The Investigation Program supports the OIG’s strategic goal to focus limited investigative resources on issues that represent the greatest risk and offer the maximum opportunity to detect and prevent fraud, waste, and abuse in EEOC programs and operations.
Investigative Inquires Received April 1, 2010–September 30, 2010 | |
---|---|
Allegations | Number |
Charge processing | 289 |
Other statutes | 36 |
Title VII | 277 |
Mismanagement | 3 |
Ethics Violations | 2 |
Backgrounds | 9 |
Theft | 6 |
Threats | 49 |
Fraud | 4 |
Other Criminal Allegations | 4 |
Congressional Inquiries | 4 |
Total | 683 |
Conflict of Interest
The EEOC’s Designated Agency Ethics Official (DAEO) referred a matter to the OIG for investigation which involved possible criminal conduct. During the course of the annual review of an employee’s financial disclosure form, the DAEO discovered information which resulted in a determination the employee may have violated Title 18 U.S.C. Section 208.
Title 18 U.S.C. Section 208 prohibits government employees from participating “personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in a judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, . . . has a financial interest.”
The OIG’s investigation established the employee’s involvement in the discrimination cases in question was not substantial, but rather was strictly ministerial and administrative. The employee did not conduct any investigation, engage in any substantive review of the cases, or make or recommend any decisions on the cases. The OIG found that the employee’s conduct did not violate 18 U.S.C. Section 208. Accordingly, the OIG closed the matter.
Inappropriate Conduct
The OIG received a complaint from a charging party alleging an EEOC investigator had sexually harassed her on several occasions during the investigation of her charge. During the course of the OIG’s preliminary investigation of the matter, EEOC management officials determined the investigator had engaged in other acts of misconduct and terminated his employment with EEOC. Based on these circumstances, the OIG closed this matter.
Retaliation
The OIG received a complaint from an Agency official alleging he had received a lowered performance appraisal as an act of retaliation because he reported to the OIG what he believed were management’s efforts to unlawfully convert an EEOC employee to a management position. The OIG conducted an investigation and determined there was insufficient evidence to substantiate the underlying allegations or to support a finding that the lowered performance appraisal was a result of retaliation for the official’s disclosures to the OIG.
Improper Conduct
The OIG received an anonymous complaint alleging an EEOC official had attempted to promote employees with whom the official was having inappropriate social relationships. The OIG investigated this matter and spoke with employees under the official’s direct supervision. None of the employees could provide direct evidence to substantiate the allegation the official was carrying on inappropriate relationships with individuals within the office. The OIG closed this matter based on a lack of evidence to substantiate the allegations.
The OIG administratively closed two other matters. In one instance the OIG determined that the matter was outside of its purview. In the other instance, the complainant failed to cooperate in providing evidence to support her allegations.
Special Investigative Project
The OIG conducted an investigation of an Inspector General of another Designated Federal Entity at the request of the Integrity Committee of the Council of Inspectors General for Integrity and Efficiency (CIGIE). The matter involved allegations of improper influence in the course of an OIG procurement action. OIG found that the allegations were not substantiated and issued a report to the CIGIE in April 2010.
The OIG has ongoing investigations in several field offices involving prohibited personnel practices, ethics violations, conflicts of interest, time and attendance fraud, falsification of government records, misuse of government vehicles, impersonation of a Federal official, theft of government property, threats against the Agency, forgery, and misuse of a government credit card.
Below are the professional activities engaged in by OIG staff during the reporting period.
Staff Certifications
The OIG has a highly qualified and very well credentialed staff dedicated to the mission of the office. OIG staff members possess the following certifications:
Association Affiliations
OIG staff members maintain affiliations with the following associations related to the work of the OIG:
Professional Training
During the reporting period, OIG staff members participated in the following training courses:
Report Title | Date Issued | Questioned Costs | Funds Put to Better Use | Unsupported Costs |
---|---|---|---|---|
None issued. |
Inspector General Act Citation | Reporting Requirements | Page |
---|---|---|
Section 4(a)(2) | Review of Legislation and Regulations | NA |
Section 5(a)(1) | Significant Problems, Abuses, and Deficiencies | 7–17 |
Section 5(a)(2) | Recommendations with Respect to Significant Problems, Abuses, and Deficiencies | 7–9 |
Section 5(a)(3) | Significant Recommendations Included in Previous Reports on Which Corrective Action Has Not Been Completed | 10–14 |
Section 5(a)(4) | Matters Referred to Prosecutive Authorities | NA |
Section 5(a)(5) | Summary of Instances Where Information Was Refused | NA |
Section 5(a)(6) | List of Audit Reports | 20 |
Section 5(a)(7) | Summary of Significant Reports | 7-9 |
Section 5(a)(8) | Questioned and Unsupported Costs | 20 |
Section 5(a)(9) | Recommendations That Funds Be Put to Better Use | 20 |
Section 5(a)(10) | Summary of Audit Reports Issued Before the Commencement of the Reporting Period for Which No Management Decision Has Been Made | 14 |
Section 5(a)(11) | Significant Management Decisions That Were Revised During the Reporting Period | NA |
Section 5(a)(12) | Significant Management Decisions with Which the Office of Inspector General Disagreed | NA |
The Single Audit Act of 1984 requires recipients of Federal funds to arrange for audits of their activities. Federal agencies that award these funds must receive annual audit reports to determine whether prompt and appropriate corrective action has been taken in response to audit findings. During the reporting period, the OIG reviewed 46 audit reports issued by public accounting firms concerning Fair Employment Practice Agencies (FEPAs) that have work-sharing agreements with EEOC. There were no audit findings for the FEPAs that involved EEOC funds.
The State of New Hampshire, June 30, 2009 | The State of Maryland, June 30, 2009 |
The State of Colorado, June 30, 2008 | The State Utah, June 30, 2009 |
The State of North Dakota, June 30, 2008 | The State of Washington, June 30, 2009 |
The State of Montana, June 30, 2009 | The State of Nevada, June 30, 2009 |
The City of New York, June 30, 2008 | The State of Nebraska, June 30, 2009 |
The State of Virginia, June 30, 2009 | The State of Kentucky, June 30, 2009 |
Miami-Dade County, September 30, 2008 | The Government of the District of Columbia, September 30, 2009 |
The Government of the District of Columbia, September 30, 2008 | The State of North Carolina, June 30, 2009 |
The State of Florida, June 30, 2009 | The State of Delaware, June 30, 2009 |
The State of West Virginia, June 30, 2009 | The State of Massachusetts, June 30, 2009 |
The State of Maine, June 30, 2009 | The State of Connecticut, June 30, 2009 |
The State of Idaho, June 30, 2009 | The State of Oregon, June 30, 2009 |
The State of Oklahoma, June 20, 2009 | The State of Kansas, June 30, 2009 |
The State of Missouri, June 30, 2009 | The State of Wisconsin, June 30, 2009 |
The State of Iowa, June 30, 2009 | The City of New York, June 30, 2009 |
The State of Indiana, June 30, 2009 | The State of Rhode Island, June 30, 2009 |
The State of New York, March 31, 2009 | The State of Alaska, June 30, 2009 |
The State of Louisiana, June 30, 2009 | The State of Georgia, June 30, 2009 |
The State of Colorado, June 30, 2009 | The State of Wyoming, June 30, 2009 |
The State of Ohio, June 30, 2009 | The State of South Dakota, June 30, 2009 |
The State of Arizona, June 30, 2009 | The State of Maryland, June 30, 2008 |
The State of Pennsylvania, June 30, 2009 | The State of Indiana, June 30, 2009 |
The State of Illinois, June 30, 2009 | The State of Tennessee, June 30, 2009 |
OIG Hotline
The OIG Hotline Program was established for Agency employees, other Government employees, contractors, and the general public to report fraud, waste, abuse, or wrongdoing by phone, e-mail
What Should you Report
You should report any concern you may have over a situation in which EEOC is the potential victim of fraudulent acts by employees, contractors, or others. It includes any violations of laws, rules, regulations, gross mismanagement, gross waste or misappropriation of funds, and abuses of authority.
OIG Hotline Contact Information
Call:
EEOC-OIG Hotline
Toll-free 1-800-849-4230
E-Mail:
E-Mail address
OIG.HOTLINE@EEOC.GOV
Write:
Equal Employment Opportunity Commission
Office of Inspector General
PO Box 77067
Washington, DC 20013-7067