About Income Inequality Among Bachelor Degree Graduates - #Michael Ayele (a.k.a) W December 31st 2016 - #January 2010

2. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833)-827-2920 TTY(202) 663-6056 FAX(202) 663-7026 Website: www.eeoc.gov 08/31/2021 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: FOIA No.: 820-2021-006420 Harry S. Truman Scholarship Foundation Dear Mr. Ayele (aka) W: Your Freedom of Information Act (FOIA) request, received on 07/08/2021, is processed. The initial due date was extended by 10-business days per our letter of acknowledgment dated 07/08/2021. Our search began on 07/09/2021. On 07/13/2021 a member of my Team sent a letter requesting additional clarifying information from you. The paragraph(s) checked below apply. [ X ]Portions of your request are as follows: [ X ]Granted; and [ X ] Procedurally denied as [ X ] no records fitting the description of the records you seek exist and [ X ] your request does not reasonably describe the records you wish disclosed. See the Comments page for further explanation. [ X ]I trust that the furnished information fully satisfies your request. If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact the FOIA Professional who processed your request or our FOIA Public Liaison (see contact information in above letterhead or under signature line). [ X ]You may contact the EEOC FOIA Public Liaison for further assistance or to discuss any aspect of your request. In addition, you may contact the Office of Government Information Services (OGIS) to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, email at ogis@nara.gov; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile at (202) 741-5769. The contact information for the FOIA Public Liaison: (see contact information in the above letterhead or under signature line). [ X ]If you are not satisfied with the response to this request, you may administratively appeal in writing. Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M Street, NE, 5NW02E, Washington, D.C. 20507, email

3. 820-2021-006420 to FOIA@eeoc.gov; online at https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 653-6034. Your appeal will be governed by 29 C.F.R. § 1610.11. [ X ] See the attached Comments page for further information. Sincerely, Draga G. Anthony for Stephanie D. Garner Assistant Legal Counsel (202) 921-2542 FOIA@eeoc.gov COMMENTS The following is this office’s response to your request under the FOIA: (1) Your request for “formal and informal ties existing between the EEOC, the Harry S. Truman Scholarship Foundation, the ED, and the NARA” is granted. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The requested information is already available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/federal-sector. (2) Your request for “the MD-715 report of the Harry S. Truman Scholarship Foundation (HSTSF) for FY 2019 and 2020” is procedurally denied. No records exist within the EEOC. EEOC’s Office of Federal Operations (OFO) has informed this office that there are no MD-715 reports on record for HSTSF. (3) Your request for “communications in the form of e-mails and postal correspondence between the EEOC and the Harry S. Truman Scholarship Foundation about MD-715” is procedurally denied. No records exist within the EEOC. (4) Your request for “the academic background, professional responsibilities, and annual salaries, of Tara Yglesias” is procedurally denied. No records exist within the EEOC. (5) Your request for “all [EEOC] communications in the form of e-mails and postal correspondence about Harry S. Truman having ranked the 6th best President in U.S. history among historians surveyed in Fiscal Years (FY) 2021 and 2017” is procedurally denied as it is not reasonably described. (6) Your request for “all [EEOC] communications in the form of e-mails and postal correspondence about Barack Obama having ranked the 10th best President in U.S. history among historians surveyed in FY 2021” is procedurally denied. No records exist within the EEOC. (7) Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about Barack Obama having ranked the 12th best President in U.S. history among historians surveyed in FY 2017” is procedurally denied. No records exist within the EEOC. (8) Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about George W. Bush having ranked the 29th best President in U.S. history among historians surveyed in FY 2021” is procedurally denied. No records exist within the EEOC.

4. 820-2021-006420 (9) Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about George W. Bush having ranked the 33rd best President in U.S. history among historians surveyed in FY 2017” is procedurally denied. No records exist within the EEOC. (10)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about William J. Clinton having ranked the 19th best President in U.S. history among historians surveyed in FY 2021” is procedurally denied. No records exist within the EEOC. (11)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about William J. Clinton having ranked the 15th best President in U.S. history among historians surveyed in FY 2017” is procedurally denied. No records exist within the EEOC. (12)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the widespread popularity of William J. Clinton among the Black/African American community” is procedurally denied. No records exist within the EEOC. (13)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the manner in which some in the Black/African American community defended [William J. Clinton’s] extra-marital affair with Monica Lewinsky” is procedurally denied. No records exist within the EEOC. (14)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about William J. Clinton’s association with Jeffrey Epstein having adversely impacted his popularity as President of the U.S.A.” is procedurally denied. No records exist within the EEOC. (15)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about MSNBC analysis of the C-SPAN survey” is procedurally denied. No records exist within the EEOC. (16)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about Donald Trump ranking among the worst President in U.S. history” is procedurally denied. No records exist within the EEOC. (17)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about Andrew Jackson having ranked the 19th best President in U.S. history among historians surveyed in FY 2017” is procedurally denied. No records exist within the EEOC. (18)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about Andrew Jackson having ranked the 22nd best President in U.S. history among historians surveyed in FY 2021” is procedurally denied. No records exist within the EEOC. (19)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the forced removal of American Indians from their ancestral land” is procedurally denied. No records exist within the EEOC. (20)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about Timothy Wise’s lectures dealing with white privilege, on the campuses of colleges and universities,” is procedurally denied. No records exist within the EEOC. (21)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the significant barriers faced by Native Americans as well as Blacks/African Americans in their efforts to (i) obtain a Bachelor Degree, and (ii) be successful on the job market,” is procedurally denied. No records exist within the EEOC. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.

5. 820-2021-006420 The U.S. Department of Education Office of Civil Rights’ mission is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights under Titles VI and IX. You may, if you wish, request this information from the U.S. Department of Education (ED) directly. See that agency’s FOIA information on its public website at following link: https://www2.ed.gov/policy/gen/leg/foia/request.html. (22)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the ED February 2019 report indicating that the “6-year graduation rate for first-time, full-time undergraduate students who began their pursuit of a bachelor’s degree at a 4-year degree granting institution in fall 2010 was highest for Asians students (74 percent), followed by White Students (64 percent), students of Two or more races (60 percent), Hispanic students (54 percent), Pacific Islander students (51 percent), Black students (40 percent), and American Indian/Alaska Native students (39 percent)” is procedurally denied. No records exist within the EEOC. (23)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the ED February 2019 report indicating that “in 2016, unemployment rates among adults ages 25 to 64 were higher for American Indian/Alaska Native adults (11 percent) than for Black (8 percent), Hispanic (5 percent), White (4 percent), and Asian (4 percent) adults. In addition, a higher percentage of Black than of Hispanic, White and Asian adults were unemployed. (…) In 2016, among those with a bachelor’s or higher degree, Asian full-time, year-round workers ages 25 – 34 had higher median annual earnings ($69,100) than their White peers ($54,700), and median earnings for both racial/ethnic groups were higher than those of their Black ($49,400) and Hispanic (49,300) peers” is procedurally denied. No records exist within the EEOC. (24)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about [your] time as an undergraduate student of Westminster College, located 501 Westminster Avenue, Fulton, Missouri,” is procedurally denied. No records exist within the EEOC. (25)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the circumstances which led to [your] graduation from Westminster College with a Bachelor of Arts (B.A.) Degree” is procedurally denied. No records exist within the EEOC. (26)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about [your] having graduated with a Bachelor of Arts (B.A.) Degree on December 31, 2016, with double- majors in Economics and Political Science” is procedurally denied. No records exist within the EEOC. (27)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the existence of systemic racism at Westminster College” is procedurally denied. No records exist within the EEOC. (28)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about the suspension of the Sigma Chi chapter at Westminster College” is procedurally denied. No records exist within the EEOC. (29)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence about other specific incidents of discrimination and racism [you were] witness to, between January 2010 until May 2013,” is procedurally denied. No records exist within the EEOC. (30)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence exchanged between the Harry S. Truman Foundation, the ED, the NARA, and the EEOC, about the USAID MD-715 report for FY 2019” is procedurally denied. No records exist within the EEOC. (31)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence exchanged between the Harry S. Truman Foundation, the ED, the NARA, and the EEOC, about the EEOC failing to provide the contact information of USAID agency official(s) responsible for auditioning complaints of employment discrimination by applicants who have applied to work there and believe to have been discriminated against” is procedurally denied. No records exist within the EEOC. (32)Your request for “all [EEOC] communication in the form of e-mails and postal correspondence exchanged between the Harry S. Truman Foundation, the ED, the NARA, and the EEOC, about [your] applications for employment with the USAID for Solicitation No.: 72066321R10004; Solicitation No.:

6. 820-2021-006420 72066321R10002; and Solicitation No.: 72066321R10005” is procedurally denied. No records exist within the EEOC. This response was prepared by Joanne Murray, Government Information Specialist, who may be reached at (202) 663-4500.

7. 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833)-827-2920 TTY(202) 663-6056 FAX(202) 663-7026 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 09/10/2021 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: Dear Mr. Ayele (aka) W: Your Freedom of Information Act (FOIA) request, received on 07/04/2021, is processed. Our search began on 07/09/2021. The initial due date was extended by 10-business days per our correspondence dated 08/04/2021. All agency records in creation as of 07/09/2021 are within the scope of EEOC’s search for responsive records. The paragraph(s) checked below apply. [ X ] Portions of your request are as follows: [ X ] Granted; [ X ] Granted in part and denied in part. Portions not released are withheld pursuant to the subsections of the FOIA indicated at the end of this letter. An attachment to this letter explains the use of these exemptions in more detail; and [ X ] Procedurally denied as no records fitting the description of the records you seek disclosed exist or could be located after a thorough search. See the Comments page for further explanation. [ X ] The disclosed records, totaling 235 pages, are available via EEOC’s FOIA Web Portal. See the following link: https://eeoc.arkcase.com/foia/portal/login . No fee is charged because the cost of collecting and processing the chargeable fee equals or exceeds the amount of the fee. 29 C.F.R. § 1610.15(d). [ X ] I trust that the furnished information fully satisfies your request. If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact the FOIA Professional who processed your request or our FOIA Public Liaison (see contact information in above letterhead or under signature line). [ X ] You may contact the EEOC FOIA Public Liaison, Stephanie D. Garner, for further assistance or to discuss any aspect of your request. In addition, you may contact the Office of Government Information Services (OGIS) to inquire about the FOIA mediation services they offer. FOIA No.: 820-2021-006287 Communications with regards to Dept. of Education’s MD-715 reporting

8. 820-2021-006287 The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road- OGIS, College Park, Maryland 20740-6001, email at ogis@nara.gov; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile at (202)741-5769. The contact information for the FOIA Public Liaison: (see contact information in the above letterhead or under signature line). [ X ] If you are not satisfied with the response to this request, you may administratively appeal in writing. Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M Street, NE, 5NW02E, Washington, D.C. 20507, or by fax to (202) 653-6056, or by email to FOIA@eeoc.gov, or online via the following public web portal: https://eeoc.arkcase.com/foia/portal/login. Your appeal will be governed by 29 C.F.R. § 1610.11. [ X ] See the attached Comments page for further information. Sincerely, Draga G. Anthony for Stephanie D. Garner Assistant Legal Counsel FOIA Division Phone: (202) 921-2542 FOIA@eeoc.gov Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b): Exemption(s) Used: [ X ] (6)

9. 820-2021-006287 Exemption (b)(6) to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(6) (2016),as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, permits withholding of information about individuals in "personnel and medical files and similar files" if its disclosure "would constitute a clearly unwarranted invasion of personal privacy." In addition to personnel records and medical files, the term "similar files" encompasses all information that "applies to a particular individual." Dep’t of State v. Washington Post Co., 456 U.S. 595, 599- 603 (1982). This exemption requires that the privacy interests of the individual be balanced against the public interest in disclosure. Dep’t of the Air Force v. Rose, 425 U.S. 352, 372 (1976). In examining whether there is a “public interest” in disclosure of certain information, the “public interest” must truly be in the interest of the overall public. In United States Dep’t of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 773 (1989), the Supreme Court explained that only “[o]fficial information that sheds light on an agency’s performance of its statutory duties” merits disclosure under FOIA, and noted that “disclosure of information about private citizens that is accumulated in various governmental files” would “reveal little or nothing about an agency’s own conduct.” Personal details pertaining to an individual are generally protected under this exemption. See, e.g., DOD v. FLRA, 510 U.S. 487, 500-502 (1994) (finding privacy interest in federal employees’ home addresses even though they often are publicly available through sources such as telephone directories and voter registration lists); Pons v. United States Customs Service, No. 93-2094,1998 U.S. Dist. LEXIS 6084 at **13-14 (D.D.C. April 27, 1998) (protecting identities of lower and mid-level agency employees who worked on asset forfeiture documents); Barvick v. Cisneros, 941 F. Supp. 1015 (D. Kan. 1996) (finding personal information such as home addresses and telephone numbers, social security numbers, dates of birth, insurance and retirement information, reasons for leaving prior employment, and performance appraisals protectable under Exemption Six). See also, Rothman v. USDA, 1996 Lexis 22716 (C.D. Cal. June 17, 1996) (disclosure of information in the applications of persons who failed to get a job may embarrass or harm them). DOCUMENTS WITHHELD PURSUANT TO THE SIXTH EXEMPTION OF THE FOIA: ED employees’ personal information is withheld from inter-agency emails (cellular phone numbers are redacted from Pages 3, 40, 54, 56, 59, 66, 69, 77, 78, 210, 218, 221) Individual’s personal conference call information is withheld from inter-agency emails (redactions applied to Pages 73, 74, 224) The aforementioned records contain personal identifying information. If released, its disclosure would constitute an invasion of personal privacy.

10. 820-2021-006287 COMMENTS This office’s response to your request is as follows: (1) Your request for “formal and informal ties existing between the EEOC and the ED” is granted. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The requested information is already available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/federal-sector. (2) Your request for “the MD-715 report of the ED for FY 2019 and FY 2020” is granted. Please find the FY 2019 and FY 2020 reports online via the EEOC FOIA Web Portal. (3) Your request for “all [EEOC] communications in the form of e-mails and postal correspondence between the EEOC and the ED about MD-715, since January 1, 2010,” is granted in part and denied in part pursuant to the sixth exemption to the FOIA. 5 U.S.C. § 552(b)(6). Please find the responsive information online via the EEOC FOIA Web Portal. The sixth exemption to the FOIA exempts release of personal identifying information (PII). PII, if released, could conceivably subject an individual(s) to unwarranted harassment and annoyance in the conduct of his/her official duties and in his/her private life. Disclosure of this information would constitute an invasion of personal privacy, if released. (4) Your request for “the academic background, professional responsibilities, and annual salaries, of Michael Chew, Alexander Reading, Sandra Lewandowski, Mary Macrae, Elise Cook, Clayon Day, Robert Wehausen, Antigone Potamianos, James Wood, Kristi R. Harris, as well as Wanda Frazier,” is procedurally denied. No records exist within the EEOC. (5) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the USAID MD-715 report for FY 2019” is granted. See our August 18, 2021, response to FOIA No. 820-2021-003179. (6) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the EEOC failing to provide the contact information for the USAID agency official responsible for auditioning complaints of employment discrimination by applicants who have applied to work there and believe to have been discriminated against” is procedurally denied. No records exist within the EEOC. (7) Your request for “all [EEOC] communications in the form of e-mails and postal correspondence about [your] applications for employment with the USAID for Solicitation Nos.: 72066321R10004; 72066321R10002; and 72066321R10005” is procedurally denied. No records exist within the EEOC. This response was prepared by Joanne Murray, Government Information Specialist, who may be reached at (202) 921-2541.

11. 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Toll Free: (877) 869-1802 TTY (202) 663-7026 FAX (202) 653-6056 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel July 13, 2021 Via: waacl13@gmail.com Mr. Michael Ayele Association For The Advancement of Civil Liberties P.O.Box 20438 Addis Ababa, Ethiopia Re: FOIA No.: 820-2021-006420 (Communications about job market barrriers) Dear Mr. Ayele: This letter notifies you that additional information is needed from you to complete the processing your Freedom of Information Act (FOIA) request, received in this office on July 8 1, 2021. The section of your request, enumerated as 21, states the following: “I am requesting for prompt disclosure documents detailing [EEOC’s] communications in the form of e-mails and postal correspondence about the significant barriers faced by Native Americans as well as Blacks/African Americans in their efforts to (i) obtain a Bachelor Degree and (ii) be successful on the job market.” At this time, this office is requesting the following clarifying information: A specific date range (mm/dd/yyyy – mm/dd/yyyy) for the information sought. The 20 working days provided in the FOIA to respond to your request stop from the date of this letter until the date this office receives your written response. 5 U.S.C. § 552(6)(A)(ii)(I-II) and 29 C.F.R. § 1610.9(g). To resume processing your request as quickly as possible, you will need to submit a written response to our request for information or clarification within thirty (30) days of your receipt of this letter. Please direct your written response to my attention at the address provided above or via email at FOIA@eeoc.gov. Failure to respond to this office may result in an administrative withdrawal of your request. When EEOC receives your response processing of your request will resume. Thank you for your attention to this request.

12. Sincerely, / Joanne Murray / for ____________________________ Stephanie D Garner Assistant Legal Counsel FOIA Division (202) 921-2542 FOIA@eeoc.gov

15. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART A - D Department of Education For period covering October 1, 2019 to September 30, 2020 PART A Department or Agency Identifying Information 1. Agency 1. Department of Education 1.a 2nd level reporting component 2. 2. 400 Maryland Avenue, SW Address 3. 3. Washington, DC 20202 City, State, Zip Code 4. 5. 4. 5. Agency Code FIPS code(s) ED00 11 PART B Total Employment Enter total number of permanent full-time and part-time employees 3802 1. 1. Enter total number of temporary employees 267 2. 2. TOTAL EMPLOYMENT [add lines B 1 through 2] 4069 3. 4. PART C Title Type Name Title Head of Agency Betsy DeVos Secretary, U.S. Department of Education Principal Deputy Assistant Secretary for Finance and Operations Director, Office of Equal Employment Opportunity Services (OEEOS), Off. of Finance & Operations(OFO) Senior Equal Employment Opportunity Specialist, OEEOS, OFO Diversity and Inclusion Program/ Hispanic Employment Program Manager Diversity and Inclusion Program/ Hispanic Employment Program Manager Equal Employment Opportunity Specialist/Federal Women’s Employment Program Manager Reasonable Accommodations / Disability Employment Program Manager Reasonable Accommodations / Disability Employment Program Manager Equal Employment Opportunity Specialist/Black Employment Special Emphasis Program Manager Agency Official(s) Responsible For Oversight of EEO Program(s) Head of Agency Designee Denise L. Carter Principal EEO Director/Official Michael A. Chew Complaint Processing Program Manager Okhee Shim Diversity & Inclusion Officer Maria V. Martinez Hispanic Program Manager (SEPM) Maria V. Martinez Women’s Program Manager (SEPM) Beverly Fenwick Disability Program Manager (SEPM) Kenton Stalder Reasonable Accommodation Program Manager Kenton Stalder Principal MD-715 Preparer Steven Jefferson Page 1

16. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART A - D For period covering October 1, 2019 to September 30, 2020 PART D Subordinate Component and Location (City/State) Country Agency Code List of Subordinate Components Covered in This Report Department of Education Boston, MA Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education New York, NY Department of Education Philadelphia, PA Department of Education Atlanta, GA Department of Education Chicago, IL Department of Education Dallas, TX Department of Education Kansas City, MO Department of Education Denver, CO Department of Education San Francisco, CA Department of Education Seattle, WA Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC Department of Education Washington, DC United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 United States ED00 Page 2

17. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART A - D For period covering October 1, 2019 to September 30, 2020 Subordinate Component and Location (City/State) Country Agency Code Department of Education Washington, DC United States OTHER EEOC FORMS and Documents Required Uploaded Alternative Dispute Resolution Procedures Reasonable Accommodation Procedure EEO Policy Statement Anti-Harassment Policy and Procedures Agency Strategic Plan Organization Chart Personal Assistance Services Procedures Diversity Policy Statement Disabled Veterans Affirmative Action Program (DVAAP) Report EEO Strategic Plan Federal Equal Opportunity Recruitment Program (FEORP) Report Human Capital Strategic Plan Results from most recent Federal Employee Viewpoint Survey or Annual Employee Survey Y Y Y Y Y Y Y Y Y Y Y Y Y Y N N Y N N N N N N N N N Page 3

18. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION U.S. Department of Education Annual EEO Program Status Report EEOC FORM 715-01 Part E Executive Summary Introduction The mission of the Department of Education (“Department”) is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. The Secretary of Education (the Secretary) assists the President in executing his educational policies and in implementing educational laws enacted by Congress. In achieving its strategic mission, the Department strives to establish a world-class education system for all Americans, and to close the achievement gaps faced by low-income and minority students, students with disabilities, and students who are English Learners. This requires the strategic deployment of human capital strategies that support the Department’s total effort of cultivating a culture of accountability and promoting best practices of hiring and retaining the best workforce. Thus, the Department must ensure that its workforce is free of barriers to equal employment opportunity (EEO) to attract, develop, and retain a top-quality workforce. The Department is headquartered in Washington, D.C. and has 10 regional offices located throughout the country. It seeks to streamline its administrative programs and functions by using outside contractors who can assist with functions such as awarding grants, processing student aid applications, and providing grants and loans to almost 11 million college students. A total of 3,689 employees are employed in 19 Principal Offices (POs) which primarily provide program administrative support to educational agencies across the nation (See Appendix D). The workforce is committed to helping give American students the skills they need to succeed in a highly competitive global economy. The goal of this report is to outline the EEO program’s progress pursuant to EEOC requirements, and to provide feedback to assist the Department in its on-going efforts to become a model EEO employer. Annual Self-Assessment of a Model EEO Program Key Points 1. The Department’s Diversity and Inclusion Council involves employees as participants and responsible agents of diversity, equal employment opportunity, and inclusion. Members of the Council include senior level officials, representatives from the Union and heads of the employee affinity and resource groups. The Department has established the following Special Emphasis Program Committees (SEPCs): Asian American and Pacific Islander Employment Committee, Black Employment Program Committee, Disability Employment Program Committee, Federal Women’s Program Committee, and the Hispanic Employment Program Committee. The SEPCs are volunteer working groups whose mission is to support the Department’s EEO program operations in developing strategies and solutions to promote equal employment opportunity in the workplace. The Department achieved the following outstanding results in EEO complaints processing: a. The average completion time for un-amended EEO investigations was 154 days, well below the EEOC’s 180-day requirement. b. The average completion time for Final Agency Merit Decisions (FADs) was 53.5 days, which is below the EEOC’s 60-day requirement. 2. 3. Page 4

19. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION 4. The Secretary renewed the Department’s annual EEO, No FEAR Act, Anti-harassment, ADR and Diversity policy statements which were disseminated to all employees. The Department accomplished the following initiatives: a. Ensured that all performance plans for supervisors and managers include a standard on the “commitment to EEO and ADR” as part of the Basic Management Supervisory performance element. b. Involved employees, supervisors, and managers in implementing its Diversity and Inclusion Program. Employees and managers frequently participated in workforce briefings, EEO/ADR trainings and Diversity and Inclusion Program activities. c. Continued the improved working relationship between OEEOS and the Office of Human Resources (OHR) to promote collaboration, improve coordination and develop partnership initiatives. Both OEEOS and OHR participated in EEO and diversity related conferences and forums to ensure visibility and to promote community outreach activities. d. Continued the collaborative relationship between OEEOS and the ADR Center to market the use of ADR to prevent, manage, and address workplace disputes and complaints. 5. Results of Self-Assessment against MD 715 Essential Elements Essential Element A: Demonstrated Commitment from Agency Leadership Assessment of this element includes a review of whether the Secretary communicates commitment to EEO through the ranks at the beginning of her tenure and annually thereafter by issuing and disseminating written policy statements that express commitment to diversity and inclusion, EEO, and a workplace free of discriminatory harassment (Policy Statements issued on January 22, 2019). In the Secretary’s introductory speech during her first all-staff meeting on February 8, 2017, she stated “In building strong teams, embracing diversity and inclusion are key elements for success. Diversity may be viewed as cliché, but I believe that getting to know, working with, befriending and including people who are different from ourselves is enriching and expanding. And if we model it ourselves, how much easier will it be to encourage students to do the same?” The Department supports the EEOC’s requirements to issue and update EEO and diversity policy statements on an annual basis. A review of the Department’s policy statements indicate the Secretary’s commitment to EEO, the use of ADR, and a workplace free of discriminatory harassment through the issuance at the beginning of her tenure of updated EEO and diversity policy statements (See Appendix C). The mission of OEEOS and the importance of using ADR have been clearly communicated from the “top-down” with the purpose of promoting greater customer service and to stress the Department’s commitment to empowering managers, supervisors, and employees to resolve disputes at the lowest level possible. Essential Element B: Integration of EEO into the Agency’s Strategic Mission This element recognizes that equality of opportunity is essential in attracting, developing, and retaining the most qualified workforce to support the Department’s achievement of its strategic mission. It emphasizes that the role of the EEO office is to serve as a resource to agency employees, supervisors and managers, by providing direction, guidance, and monitoring of key activities to achieve a diverse workplace free of barriers to equal employment opportunity. Assessment of this essential element included a review of the reporting structure of the EEO Director; techniques the agency uses to integrate the EEO program into the Department’s mission; whether the EEO Director has regular and effective means of informing the Secretary and other senior management officials of the Page 4

20. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION status of the EEO program; and whether EEO officials are involved in and consulted on human capital management and personnel actions. The Acting Assistant Secretary for Finance and Operations reports directly to the Secretary. The Acting Assistant Secretary for Finance and Operations serves as the EEO Director and is delegated the authority to administer the Department’s EEO program and has re-delegated with limited reservations, day-to-day responsibilities to the Director, OEEOS. The Acting Assistant Secretary for Finance and Operations and the Director, OEEOS have direct access to the Office of the Secretary and senior leaders in the Principal Offices. The Director, OEEOS is able to act with the greatest degree of independence in administering the day-to-day operations of the Department’s EEO program. Annually, the Department allocates sufficient resources to administer Title VII and Rehabilitation Act programs. OEEOS staff and officials, including contract investigators, were provided with requisite EEO training. OEEOS staff frequently participated in training activities offered by the community including workshops, special emphasis observance events, and conferences that meet their training needs as identified in their Individual Development Plans and EEO Management Directive 110. The Department is aware of the investments necessary for assessing the competencies and skill levels of its workforce and providing viable training and developmental programs (e.g., aspiring leaders, supervisors, managers, grants management certification, tuition reimbursement, mentoring, computer learning services, computer-based training, etc.) for their managers and employees to enhance and address skill gaps. Employees are encouraged to seek continuous learning and career development through available training. The OHR Learning and Development Division publishes a monthly bulletin that notifies employees of different kinds of training offered, ranging from computer skills courses to leadership development. In FY 2019, 73 employees participated in developmental programs. The demographics of the participants are as follows: * The Department offered employees the opportunity to participate in the following developmental programs in FY 2019: (1) Pathways to Leadership; (2) Transition to Supervision; (3) Excellence in Government Fellows; (4) Mentoring Programs and (5) the Federal Executive Institute, Leadership for a Democratic Society. Selection in ED’s leadership programs is a competitive process. Individuals are nominated by their supervisor(s) based on both their leadership/management potential and their motivation/availability to fully participate in and complete all program requirements. Submitted applications are carefully reviewed by a panel of supervisors and managers. The panel of leaders evaluates each application using a competitive, merit-based process assessing competency and level of leadership potential to select a cadre of participants for the program year. The Department’s intranet site (connectED) successfully distributes information concerning EEO laws, regulations, plans and reports. The OEEOS website is designed to market the portfolio of services provided and improve the overall customer experience with the Department and contains the No FEAR Act reports, EEO and ADR notices and policy statements. Essential Element C: Management and Program Accountability This element recognizes that a model Title VII and Rehabilitation Act program will hold managers and supervisors, EEO officials, and personnel officers accountable for the effective implementation and management of the Department’s program. Assessment of this element examines the relationship between the OEEOS and OHR staff, including which office maintains responsibility for coordination, and whether the Department’s practices have been implemented consistently and in compliance with applicable laws, Executive Orders, and EEOC guidance and standards. Since FY 2011, the Department has instituted a performance standard in performance plans for supervisors and managers that hold them accountable for their responsibilities with regard to EEO and diversity. The use of the ADR process was later incorporated as a performance standard of the Supervision/Leadership critical element. The Department continues to stress the importance of EEO, ADR, and Diversity and Inclusion (D&I) in performance plans of its managers and supervisors. Leadership within OHR and OEEOS understand the importance of effective coordination between their two offices and worked collaboratively to formulate strategies to promote targeted recruitment and outreach activities. The OHR and OEEOS collaboration continues to show positive results by reflecting connectivity between program Page 4

21. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION areas, approaches, and commitment to enhancing the Department’s programs. In support of OPM’s commitment to ensuring diversity in the workforce, the Department timely submitted the Federal Equal Opportunity Recruitment Program (FEORP) Report and the Disabled Veterans Affirmative Action Program (DVAAP) to OPM. The Director, OEEOS serves as the Department’s representative and attends the OPM sponsored Diversity and Inclusion Government-wide Council Meetings, and the 60 + Diversity and Inclusion Strategic Partners Meetings. The Department is committed to its disability program obligations, including providing reasonable accommodations and hiring initiatives for persons with disabilities. In FY 2019, the Department’s Reasonable Accommodation Program Manager (RAPM) processed 187 inquiries regarding requests for reasonable accommodations (not including sign-language interpreting) that involved consultation with employees and managers. The RAPM also managed a contract for sign language interpreter services which provided 3,785 hours of captioning and sign language interpreting services. In addition, the RAPM secured and managed new contracts for approximately 1,235 hours of personal assistance services. The RAPM also managed the Alternate Format Center contract which successfully facilitated every request for alternate format materials within the Department. The RAPM is a member of the Reasonable Accommodations Working Group, which includes the Occupational Safety and Health Manager, an Assistive Technology Specialist, and an Employee and Labor Relations Specialist. This working group meets quarterly to discuss and address the Department’s reasonable accommodations and accessibility responsibilities. Essential Element D: Proactive Prevention of Unlawful Discrimination This element requires that annual self-assessments to evaluate the effectiveness of the Title VII and Rehabilitation Act programs are conducted, and determine whether the Department has made a good faith effort to identify and remove barriers to equal opportunity in the workplace. In compliance with the No FEAR Act and Part 1614.703 of Title 29 of the Code of Federal Regulations, the Department posted quarterly reports on its public website with summary statistical data relating to EEO complaints filed and timely submitted its No FEAR Report to Congress. In FY 2019, respective Principal Office (PO) EEO Liaisons and Executive Officers were provided monthly EEO Complaint Processing Report updates and quarterly Workforce Demographic Profiles. The OEEOS staff provides Supervisory Essentials training to managers and supervisors that includes the topics: Federal Sector EEO Complaint process – EEO laws, regulations, statutes and discrimination theories, Reasonable Accommodation, and Diversity and Inclusion. The OEEOS staff continues to provide the diversity speaker series with the purpose of promoting program awareness and engaging the workforce in identifying and eliminating barriers. Essential Element E: Efficiency This element requires agencies to have an efficient and fair dispute resolution process and effective systems for evaluating the impact and effectiveness of their EEO Complaints process. 1. Pre-complaint Stage: A review of completed EEO pre-complaints indicates a 10% increase in number of participants from 39 in FY 2015 to 43 in FY 2019. The pre-complaint rate of 1.17%based on the total workforce in FY 2019 is slightly higher than the available government-wide average of 1.1% (see the EEOC Annual Report on the Federal Work Force Part 1, EEO Complaints Processing FY 2014 athttps://www.eeoc.gov/federal/reports/index.cfm). Formal Complaints Stage: 1. Page 4

22. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION a. The percentage of timely completed investigations for formal complaints was 40% in FY 2019. Of those investigations required to be completed within the 180-day time limit, these cases were investigated within an average of 154 days which is below the federal government-wide average of 208 days, see the EEOC Annual Report on the Federal Work Force FY 2016 at the link above). a. EEOC regulations require agencies to issue merit Final Agency Decisions (FADs) within 60 days of receiving notification that a complainant has requested an immediate decision from the agency, or within 60 days of the end of the 30-day period for the complainant to request a hearing or an immediate final decision, where the complainant has not requested either a hearing or a FAD. In FY 2019, the Department produced 4 FADs; of which 75% were timely issued in an average of 53.5 days. The Department is trending over the past 5 years at an average rate of 84% for timely issuances of merit decisions which is significantly higher than the government-wide average of 52% timely issuances at an average processing time of 121 days. Essential Element F: Responsiveness and Legal Compliance This element assesses whether the agency complies with the law, including EEOC regulations, directives, orders, and other written instructions and whether agency reports are produced and submitted in a timely manner. There were no instances of untimely responses to EEOC orders or settlements. In FY 2019, the Department submitted both the Annual Federal EEO Statistical Report of Discrimination Complaints Form 462 and MD 715 reports to EEOC by their due dates. OEEOS was also very responsive to all EEOC’s requests for information. No notices for failure to comply with EEOC’s orders were received. OEEOS staff responded to all customer inquiries within 2 days of the date of contact and provided information for data requests by established due dates. In particular, OEEOS routinely sent the complaint file to the EEOC’s field office or OFO within five calendar days upon receipt of a hearing notice. During the appellate stage of the EEO complaint process, all complaint files were forwarded to OFO electronically via the EEOC Federal Sector EEO Portal (FEDSEP) well within the required timeframe. All settlement agreements were fully implemented. In addition, the Department implemented all EEOC orders in a timely manner. Summary Review of Workforce Profiles In FY 2019, the Department employed 3,689 employees: 3,518 permanent and 171 temporary employees. The number of permanent employees decreased by 53 from 3,571 in FY 2018 to 3,518 in FY 2019. Of the permanent workforce, non-whites represented 54.18% of the workforce, which was above the benchmark population of the National Civilian Labor Force (NCLF) average of 27.64%. Women represented 62.25% of the workforce, which was also above the NCLF of 48.16%. The representation of persons with disabilities (PWD) within the workforce has greatly increased from 7.28% in FY 2018 to 10.06% in FY 2019, simultaneously persons with targeted disabilities (PWTD) has also increased from 1.85% in FY 2018 to 2.16% in FY 2019, slightly exceeding the 2% benchmark of PWTD established by the Equal Employment Opportunity Commission (EEOC). A summary of changes from FY 2018 to FY 2019 is provided in Table 4 on the next page. Page 4

23. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION **COMPARISON Federal Goals provided by EEO Commission Analysis of Identified Triggers An example of a “trigger” would be a low representation rate of an EEO group compared to its availability in the civilian labor force. Hispanic Men and Women in the Total Workforce There were 232 Hispanic employees in the total workforce (permanent and temporary) in FY 2019. The number of Hispanic employees decreased by 0.4% from 233 in FY 2018 to 232 in FY 2019. The participation rate of Hispanic men and women in the total workforce had a small increase from 6.26% (2.63% males and 3.63% females) in FY 2018 to 6.29% (2.66% males and 3.63% females) in FY 2019. Hispanic Men and Women in the Permanent Workforce With respect to the Hispanic permanent workforce, the number of Hispanic employees decreased by 2.2% from 229 in FY 2018 to 224 in FY 2019. The participation rate for Hispanic employees shows a slight decrease from 6.39% in FY 2018 to 6.37% in FY 2019. With respect to gains and losses, there has been a 0.42% decrease in the hiring rate for Hispanic men and women from 5.50% in FY 2018 (1.83% Hispanic men and 3.67% Hispanic women) to 5.08% in FY 2019 (2.26% Hispanic men and 2.82% Hispanic women). There was a slight increase in the separation rate for Hispanic men and women from 4.48% (2.11% men and 2.37% women) in FY 2018 to 5.38% (2.55% men and 2.83% women) in FY 2019. With respect to the Senior Executive Service (SES) grade level, the Department has 4 Hispanic SES employees (4 Hispanic men (5.63%)). Several of the largest mission critical/major occupations within the Department fall below the National Occupation CLF (NOCLF) for Hispanic Men and Women. Specifically, the participation rates of Hispanic men in the following major occupations are below their respective NOCLF: Information Technology Specialists, Management & Program Analyst, Attorney, Loan Analyst, Contract Specialist, , Education Research Analyst and Financial Management Specialist. Hispanic women fell below the NOCLF participation rates in the following occupations: Information Technology Specialists, Education Program Specialist, Contract Specialist and Accountant. See Table 5 below and Appendix A, Table A6. An important tool in examining the fairness, inclusiveness, and effectiveness of the Department’s recruitment and outreach efforts is applicant flow data. The analysis of applicant flow data showed that 22,367 applications were received in FY 2019. Of those applications, 77.04% (17,232) of applicants volunteered to provide their Race and National Origin (RNO) information and of those applicants 11.12% (1,916) self-identified as Hispanics. Of the 11,570 candidates who were deemed qualified, Hispanics made up 11.56% (1,338). Of the 212 candidates selected, Hispanics made up 9.43% (20). This analysis indicates that in FY 2019, the Department made great strides in ensuring a diverse applicant pool. The number of Hispanic applicants for Department jobs increased due to outreach efforts such as providing and announcing job vacancies through different mediums which included, social media, and stakeholder partnerships with the White House Initiative on Educational Excellence for Hispanics, Hispanic Serving Institutions and with other public and private groups in cooperative action to improve employment opportunities and community conditions that affect employability. Page 4

24. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION Women in the Total Workforce In FY 2019, there were a total of 2,281women in the total workforce (permanent and temporary). The number of women in the total workforce decreased by 36 from 2,317 in FY 2018 to 2,281in FY 2019. The participation rate decreased slightly from 62.22% in FY 2018 to 61.83% in FY 2019. Women in the Permanent Workforce With respect to the permanent workforce, there were a total of 2,190 women in FY 2019. Women represented 62.25% of the Department’s permanent workforce. The participation rate of women has remained relatively stable over the last several years and has been above the NCLF (48.16%). The largest female groups were Black women (28.57%) and White women (24.53%). Among all women, the participation rates of White women (24.53% v. 34.03%) and Hispanic women (3.70% v. 4.79%) were below their National CLF. Women in the Mid and Senior/Executive Grade Levels Participation rates for Black and Hispanic women in the Mid and Executive/Senior leadership level, i.e., GS-14 and above, were lower than their participation rates in the permanent workforce. Participation rates for Asian women at the GS-15 and Executive/Senior leadership level were lower than their participation rates in the permanent workforce. Table 6 below shows the distribution of women in the Department by pay grade and identifies those grades where the representation is lower than the figure for the overall participation rates in the workforce. *Currently, agencies can identify the executives based on their hiring authority (e.g., SES); however, OPM’s Guide to Data Standards does not distinguish between managers and supervisors because both fall within the supervisory status code 2. EEOC will coordinate with OPM in establishing a process to identify managers separately from supervisors. Until that process is implemented, agencies can continue to rely upon the grade levels to distinguish between managers and supervisors. Using the GS plan, the managers would be GS-13 and GS-14, while supervisors would be GS-12 and below. In FY 2019, the participation rate of black women in the Total Officials and Managers category (17.65%) was lower than the total rate of black women in the permanent workforce, 28.57%. Black women executives, managers and supervisor’s representation were all lower than their participation rate in the permanent workforce. The participation rate of Black women managers increased by 1.61% from 23.39% in FY 2018 to 25.00% in FY 2019. Persons with Targeted Disabilities (PWTD) The Department has a permanent workforce of 3,518 employees. Of those, 76 employees are identified as PWTD. In FY 2019, 10.06% of employees in the permanent workforce identified themselves as having a disability and 2.16% identified as having a targeted disability.The participation rate of PWTD in the permanent workforce increased by 0.26% from 1.90% (68 PWTD) in FY 2018 to 2.16% (76 PWTD) in FY 2019.This is above the government-wide goal of 2% for PWTD.Within the PWTD categories, Department employees who identified themselves as blind or having serious difficulty seeing, having significant psychiatric disorder and deaf or serious difficulty hearing represented the highest representation among all groups with targeted disabilities at 0.54%, 0.45% and 0.37% respectively (See Appendix A, Table B1). Page 4

25. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION The benchmark used to identify triggers for PWTD is a comparison with Persons without Targeted Disabilities (PWOTD). The participation rate for PWTDfor management analyst decreased by 0.28% from 17.39% in FY 2018 to 17.11% in FY 2019, which was lower than the corresponding rate for PWOTD of 21.41% in FY 2019. The hiring rate of PWTD in the permanent workforce shows a large increase by 11.69% from 1.47% in FY 2018 to 13.16% in FY 2019, which is much higher than its corresponding rate of PWOTD at 7.84% in FY 2019. The separation rate of PWTD in the permanent workforce slightly increased by 0.23% from 10.29% in FY 2018 to 10.53% in FY 2019, which was slightly higher than the corresponding rate for PWOTD of 10.02% in FY 2019. The participation rates for PWTD in executive grades have significantly increased by 8.59% from 5.88% in FY 2018 to 14.47% in FY 2019. Several largest mission critical/major occupations within the Department fall below the corresponding rate of PWOTD in comparison to the participation rates of PWTD. Specifically, the participation rates of PWTD in the following major occupations are below their respective PWOTD rates:Management Analysts, Attorney, and Education Program Specialist. See Table 8 below. Asian American and Pacific Islanders (AAPI) in the Total Workforce There were 255 AAPI employees in the total workforce (247 permanent and 8 temporary) in FY 2019. The number of AAPI employees increased by 0.79% from 253 in FY 2018 to 255 in FY 2019. The participation rate of AAPI men and women in the total workforce increased slightly from 6.79% (2.42% men and 4.37% women) in FY 2018 to 6.91% (2.55% men and 4.36% women) in FY 2019. Asian American and Pacific Islanders (AAPI) in the Permanent Workforce With respect to the AAPI permanent workforce, the number of AAPI employees decreased slightly from 248 (88 men and 160 women) in FY 2018 to 247 (88 men and 159 women) in FY 2019. The participation rate for AAPI employees increased slightly from 6.92% (2.46% for men and 4.46% for women) in FY 2018 to 7.02% (2.50% for men and 4.52% for women) in FY 2019. With respect to gains and losses in the permanent workforce, there was an increase in the hiring rate for AAPI men and women from 6.42% (2.75% men and 3.67% women) in FY 2018 to 8.57% (3.93% men and 4.64% women) in FY 2019 which exceeded their respective NCLFs (2.04% for men and 2.00% for women). The separation rate for AAPI men and women has increased slightly from 6.86% (3.43% for men and 3.43% for women) in FY 2018 to 7.08% (2.83% for men and 4.25% for women) in FY 2019. The number of AAPIs at the SES level remains at 2 (0 men and 2 women) in FY 2019. The participation rate of AAPI men at the SES level is 0.00%,[1]which is below the benchmark of 2.50%. The participation rate of AAPI women at the SES level is 2.82%, which is below the benchmark of 4.52%. There has been a slight increase in the number of AAPIs at the Executive level from 16 AAPIs (5 men and 11 women) in FY 2018 to 17 AAPIs (5 men and 12 women) in FY 2019. The participation rate for AAPIs at the Page 4

26. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION Executive/Senior level is 3.45% (1.02% for men and 2.43% for women) in FY 2019; this is also below the benchmark of 7.02% (2.50% for men and 4.52% for women). With respect to Native Hawaiian and Pacific Islanders, their participation rate was 0.09% in the permanent workforce, which was slightly lower than the NCLF of 0.14%. There was a total of two men and one woman identified as Native Hawaiian or Pacific Islanders in the permanent workforce in FY 2019. In FY 2019, the AAPI workforce data indicates that the Department made great strides in achieving a diverse workforce. The overall participation rate remains above the NCLF. Career development is highly encouraged for the purpose of assisting the AAPI workforce to compete successfully for internal positions at the SES level. Summary of Complaints Trend Alleged Bases A review of the alleged bases of EEO complaints over the last three years shows that the five consistent, most frequently raised bases were reprisal, race discrimination, sex, age discrimination and disability. For FY 2019, the most frequently raised bases continued to be reprisal (22.1%), race discrimination (19.5%), disability discrimination (15.0%), sex discrimination (14.1%), and age discrimination (13.3%). See Table 10 below. Alleged Issues A review of alleged issues in FY 2019 shows that those most frequently raised were Nonsexual Harassment (18.4%), Performance Evaluation/Appraisal (11.4), Reasonable Accommodation (9.6%), Assignment of Duties/ Time and Attendance (8.8%) and Telework/Terms and Conditions of Employment (5.3%). See Table 11 below. Awards Time Off Awards (1-10 hours) In FY 2019, there were 189 employees who received time-off awards of 1-10 hours, for a total of 1,966 hours given as awards in this category. The average award in this category was 10.4 hours. The majority, 56.61% of the award recipients, were female. Of all the groups 24.34% of these awards were issued to White males and Black females with a total of 46 awards each for 552 hours. The second largest group (21.16%) were White females with 40 awards for a total of 435 hours. The third largest group (11.11%) were Black males with 21 awards for a total of 178 hours. Employees with disabilities received 13 awards at a rate of 6.88% for a total of 125 hours and employees with targeted disabilities received 3 awards at a rate of 1.59 % for a total of 24 hours. Time Off Awards (11-20 hours) There were 150 employees who received time-off awards of 11-20 hours in FY 2019, for a total of 2,787 hours given as awards in this category. The average award in this category was 18.6 hours. The majority, 69.33% of the award recipients, were female. Of all the groups 32.67% of these awards were issued to White females with a total of 49 awards for 1,040 hours. The second largest group (24.00%) were Black females with 36 awards for a total of 663 hours. The third largest group (22.00%) were White males with 33 awards for a total of 580 hours. Employees with disabilities received 16 awards at a rate of 10.67% for a total of 309 hours and employees with targeted Page 4

27. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION disabilities received 2 awards at a rate of 1.33% for a total of 63 hours. Time Off Awards (21-30 hours) There were 184 employees who received time-off awards of 21-30 hours in FY 2019, for a total of 4,663 hours given as awards in this category. The average award in this category was 25.3 hours. The majority, 70.65% of the award recipients, were female. Of all the groups 52.72% of these awards were issued to White females with a total of 97 awards for 2,537 hours. The second largest group (20.65%) were White males with 38 awards for a total of 933 hours. The third largest group (9.78%) were Black females with 18 awards for a total of 431 hours. Employees with disabilities received 16 awards at a rate of 8.70% for a total of 384 hours and employees with targeted disabilities received 2 awards at a rate of 1.09% for a total of 48 hours. Time Off Awards (31-40 hours) There were 54 employees who received time-off awards of 31-40 hours in FY 2019, for a total of 2,030 hours given as awards in this category. The average award in this category was 37.6 hours. The majority, 75.93% of the award recipients, were female. Of all the groups 44.44% of these awards were issued to White females with a total of 24 awards for 897 hours. The second largest group (25.93%) were Black females with 14 awards for a total of 574 hours. The third largest group (14.81%) were White males with 8 awards for a total of 280 hours. Employees with disabilities did not receive time off awards of 31-41 hours. Cash Awards – ($500 and Under) There were 418 employees who received cash awards of $500 and Under in FY2019. The majority, 65.31% of the cash award recipients, were female. Of all the groups 29.43% of these awards were issued to Black females, followed by White females at (24.88%) and White males at (17.70%). There were 41 employees (9.81%) who identified themselves as having a disability and 9 employees (2.15%) who identified themselves as having a targeted disability who received cash awards of $500 and Under. Cash Awards – ($501 - $999) There were 607 employees who received cash awards of $500 - $999 in FY2019. The majority, 65.57% of the cash award recipients, were female. Of all the groups 34.10% of these awards were issued to Black females, followed by White females at (21.75%) and White males at (17.79%). There were 66 employees (10.91%) who identified themselves as having a disability and 12 employees (1.98%) who identified themselves as having a targeted disability who received cash awards between $510 - $999. Cash Awards – ($1,000 - $1,999) There were 1,140 employees who received cash awards of $1,000 - $1,999 in FY2019. The majority, 65.09% of the cash award recipients, were female. Of all the groups 30.18% of these awards were issued to White females, followed by Black females at (26.05%) and White males at (19.56%). There were 94 employees (8.25%) who identified themselves as having a disability and 14 employees (1.23%) who identified themselves as having a targeted disability who received cash awards between $1,000 - $1,999. Page 4

28. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION Cash Awards – ($2,000 - $2,999) There were 473 employees who received cash awards of $2,000 - $2,999 in FY2019. The majority, 59.20% of the cash award recipients, were female. Of all the groups, 27.27% of these awards were issued to White females, followed by White males at (26.64%) and Black females at (25.16%). There were 39 employees (8.25%) who identified themselves as having a disability and 8 employees (1.69%) who identified themselves as having a targeted disability who received cash awards between $2,000 - $2,999. Cash Awards – ($3,000 - $3,999) There were 126 employees who received cash awards of $3,000 - $3,999 in FY2019. Men and Women each received 50.00% of the cash award. Of all the groups, 34.92% of these awards were issued to White males, followed by White females at (23.81%) and Black females at (15.87%). There were 10 employees (7.94%) who identified themselves as having a disability and 2 employees (1.59%) who identified themselves as having a targeted disability who received cash awards between $3,000 - $3,999. Cash Awards – ($4,000 - $4,999) There were 83 employees who received cash awards of $4,000 - $4,999 in FY2019. The majority, 61.45% of the cash award recipients, were female. Of all the groups, 39.76% of these awards were issued to White females, followed by White males at (28.92%) and Black females at (12.05%). There were 5 employees (6.02%) who identified themselves as having a disability and 1 employee (1.20%) who identified themself as having a targeted disability who received a cash award between $4,000 - $4,999. Cash Awards – ($5,000 or more) There were 122 employees who received cash awards of $5,000 or more in FY2019. The majority, 51.64% of the cash award recipients, were female. Of all the groups, 39.34% of these awards were issued to White males, followed by White females at (27.87%) and Black females at (18.03%). There were 10 employees (8.20%) who identified themselves as having a disability and 0 employees (0.00%) who identified themselves as having a targeted disability who received a cash award of $5,000 or more. Quality Step Increase (QSI) One hundred and eighty-three (183) employees received QSIs in FY 2019. The largest group to receive this award were White females with 30.60%. The next largest groups were Black females with 22.40%, White males with 20.22%, Asian females with 7.10%, Black males with 5.46%, Asian males and Hispanic males and females at 4.37%. Employees with disabilities received this award at a rate of 8.74% and employees with targeted disabilities at 4.37%. For detailed information, see Appendix A, Table A13/B13. Summary of Federal Employee Viewpoint Survey Comparison with the Federal Government The Department is currently ranked last out of 25 mid-sized agencies. The results, which are produced using data Page 4

29. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION from the Federal Employee Viewpoint Survey (FEVS), show that the Department has declined in all fourteen categories in FY 2019. These categories are: Effective Leadership (-2.4), Effective Leadership: Empowerment (-2.6), Effective Leadership: Fairness (-1.6), Effective Leadership: Senior Leaders (-3.0), Effective Leadership: Supervisors (-2.1), Employee Skills–Mission Match (-0.6), Pay (-1.5), Strategic Management (-2.7), Teamwork (-2.0), Innovation (-1.8), Training and Development (-0.4), Work–Life Balance (-2.7), Support for Diversity (-2.5) and Performance-Based Rewards and Advancement (-1.7). All information pertaining to these categories can be found athttp://bestplacestowork.org/rankings/detail/ED00#tab_category_tbl. New Inclusion Quotient Results The Department best addresses its mission of serving the American people through embracing and supporting workplace diversity and equal employment opportunity. The FEVS measures diversity and inclusion at the Department through questions in the New Inclusion Quotient (New IQ) portion of the survey. The New IQ is built on the concept that individual behaviors, repeated over time, form the habits that create the essential blocks of an inclusive environment. These behaviors can be developed into habits of inclusiveness and subsequently improve the inclusive intelligence of the Department. Workplace inclusion is a contributing factor to employee engagement and organizational performance. The New IQ consists of 20 questions that are related to inclusive environments. These questions are grouped into “5 Habits of Inclusion” – Fair, Open, Cooperative, Supportive, and Empowering. The Department’s FY 2019 results for the New IQ, with the exception of questions 45, 46, 48 and 50, remain below the federal government-wide average for the following FEVS questions: Summary of Objectives and Accomplishments for establishing and maintaining a Model Equal Employment Opportunity Title VII and Rehabilitation Act Program The Department had several accomplishments in support of addressing triggers and eliminating barriers. Some of the key highlights are: • Continued the Diversity and Inclusion Council made up of senior officials from twenty Principal Offices with representatives from affinity groups, the Union, and employee representatives. • Continued Mandatory Biennial EEO training for all employees. • Provided training and workshops to managers and supervisors on the Federal Sector EEO Complaint process; EEO laws, regulations, statues and discrimination theories, prevention of harassment, the use of special hiring authorities, reasonable accommodations, and ADR. • Promoted outreach activities by working closely with OHR Veterans Employment Program (VEP) and selective placement coordinators. • Disseminated job opportunity announcements (JOA) to the disability community and other diverse constituent groups. Page 4

30. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART E.1 Department of Education For period covering October 1, 2019 to September 30, 2020 EXECUTIVE SUMMARY: MISSION • The Diversity Change Agent Program is one of the milestones on ED’s journey towards diversity and inclusion. ED currently has 363 certified Diversity Change Agents (DCAs) from all levels of the agency, including 11 SES, who have established a cohort lead by 2 Co-chairs and an executive committee. The DCA Cohort is a cadre of committed employees empowered to affect and mobilize a critical mass of stakeholders to lead efforts to educate ED’s workforce about diversity and inclusion; what it is, why it is important, and how to guide employees towards achieving it. DCAs have been equipped with the knowledge and skills to lead ED efforts to educate supervisors and hiring managers about diversity and creating an inclusive environment. DCAs are a force multiplier and are imbedded into their respective Principal Offices in furtherance of the diversity and inclusion program. In FY 2019, the ADR Center achieved the following accomplishments: • Represented the Department on the Interagency ADR Workgroup and Conflict Management Consortium; • Continued to host collaborative meetings with OEEOS to provide insights on ways to engage and market the use of ADR to employees, supervisors, and managers; • Issued an ADR policy statement and incorporated performance management standards on ADR into supervisors and managers performance plans; • Provided mediation services and conducted post ADR service root cause analysis; • Provided the principal offices with facilitation services to help better manage and address conflicts; • Provided managers and supervisors specific conflict management strategies • Developed innovative, ADR services to encourage the use of informal methods to resolve conflicts. [1]See Appendix A, Table A4-1 Page 4

32. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: A Demonstrated Commitment From agency Leadership 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 Compliance Indicator A.1. The agency issues an effective, up-to-date EEO policy statement. 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 agency’s 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 February 5, 2020 2/5/2020 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 The EEO policy also covers marital status, political affiliation and parental status. Page 6

33. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator A.2. The agency has communicated EEO policies and procedures to all employees. 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 This information is disseminated via the Agency's internal and external website at: https:// www2.ed.gov/ about/offices/or/ docs/delegations/ antiharasspolstate.pdf A.2.a.2. Reasonable accommodation procedures? [see 29 CFR § 1614.203(d)(3)] X This information is disseminated via the Agency's internal external website at https:// connected.ed.gov/ ofo/Pages/Equal- Employment- Opportunity- Services.aspx. 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 This information is disseminated via the Agency's internal external website at https:// connected.ed.gov/ ofo/Pages/Equal- Employment- Opportunity- Services.aspx. 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 This information is disseminated via the Agency's internal and external website at: https:// connected.ed.gov/ ofo/Pages/Equal- Employment- Opportunity- Services.aspx and at https:// www2.ed.gov/ about/offices/list/ om/reports.html. Page 7

34. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 This information is disseminated via the Agency's internal website at: https:// connected.ed.gov/ ofo/Pages/Equal- Employment- Opportunity- Services.aspx and at: https:// connected.ed.gov/ Documents/ Handbook%20for %20Reasonable %20Accommodations.pdf#search=ra %20handbook 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 Agency informs its employees about the EEO complaint's process during New Employee Orientation and via Mandatory Biennial EEO training for all employees, as well as the issuance of its Annual EEO Policy Statement. A.2.c.2. ADR process? [see MD-110, Ch. 3(II)(C)] If “yes”, please provide how often. X The Agency informs its employees about the ADR process during New Employee Orientation and via Mandatory Biennial EEO training for all employees as well as the issuance of its Annual ADR Policy Statement. A.2.c.3. Reasonable accommodation program? [see 29 CFR § 1614.203(d)(7)(ii)(C)] If “yes”, please provide how often. X The Agency informs its employees about the Reasonable Accommodation program during New Employee Orientation, Mandatory Biennial EEO training for all employees, and Supervisory Essentials training for Managers and Supervisors. Page 8

35. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 The Agency informs its employees about the Anti- harassment program during New Employee Orientation and via Mandatory Biennial EEO training for all employees as well as the issuance of its Annual Anti- harassment Policy Statement. 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 The Agency informs its employees about inappropriate behaviors in the workplace via the Anti-harassment program during New Employee Orientation and via Mandatory Biennial EEO training for all employees and its Table of Penalties. Page 9

36. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator A.3. The agency assesses and ensures EEO principles are part of its culture. 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 In FY 2018, employees across the Department were awarded approximately 250 Certificates of Appreciation, Certificates of Completion, and kudos in support of the Department's diversity and inclusion initiatives. This includes numerous Certificates of Appreciation for participation as speakers and making significant contributions at events that were EEO, diversity and inclusion education related. 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 10

37. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education 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 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 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. 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 The Agency Head designee is the EEO Director. Her title is listed as “Principal Deputy Assistant Secretary for Finance and Operations”. B.1.a.2. Does the agency’s 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 agency’s 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 March 21, 2019 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 11

38. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator B.2. The EEO Director controls all aspects of the EEO program. 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 The Agency does not have subordinate level components. Page 12

39. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator B.3. The EEO Director and other EEO professional staff are involved in, and consulted on, management/personnel actions. 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 B.3.b. Does the agency’s 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 The human capital strategies support the Department’s commitment to fostering a culture of engagement and collaboration as well as developing a diverse, results- oriented and high- performing workforce. The Strategic Plan list strategies for Goal 2 that reference EEO/ Diversity and Inclusion principles. See the U.S. Department of Education Strategic Plan for Fiscal Years 2018-22 page 21. Page 13

40. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator B.4. The agency has sufficient budget and staffing to support the success of its EEO program. 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 Women’s 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 hours 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 hours of annual refresher training, pursuant to Ch. 2(II)(C) of MD-110? X Page 14

41. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator B.5. The agency recruits, hires, develops, and retains supervisors and managers who have effective managerial, communications, and interpersonal skills 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 government’s interest in encouraging mutual resolution of disputes and the benefits associated with utilizing ADR? [see MD-715(II)(E)] X 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 Compliance Indicator B.6. The agency involves managers in the implementation of its EEO program. 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 15

42. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: C Management and Program Accountability 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 Compliance Indicator C.1. The agency conducts regular internal audits of its component and field offices. 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 The Agency does not have sub- components and field offices. 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 The Agency does not have sub- components and field offices. 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 The Agency does not have sub- components and field offices. Page 16

43. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator C.2. The agency has established procedures to prevent all forms of EEO discrimination. Measures Yes No N/A C.2.a. Has the agency established comprehensive anti-harassment policy and procedures that comply with EEOC’s 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. Dep’t of Veterans Affairs, EEOC Appeal No. 0120123232 (May 21, 2015); Complainant v. Dep’t 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 agency’s 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 EEOC’s 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 Page 17

44. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Ninety-Five percent (95%) of Reasonable Accommodations request are timely processed. There are mitigating circumstances (procurement processes, request review by the Medical Review Office that extends the timeframe to process requests). C.2.c. Has the agency established procedures for processing requests for personal assistance services that comply with EEOC’s regulations, enforcement guidance, and other applicable executive orders, guidance, and standards? [see 29 CFR §1614.203(d)(6)] X The procedures have been drafted and is currently going through clearance/ approval. See the PAS draft. 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 The procedures have been drafted and is currently going through clearance/ approval. The point of contact for PAS is the Agency's RAPM. Page 18

45. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator C.3. The agency evaluates managers and supervisors on their efforts to ensure equal employment opportunity. 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 19

46. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator C.4. The agency ensures effective coordination between its EEO program and Human Resources (HR) program. 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 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 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 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 Compliance Indicator C.5. Following a finding of discrimination, the agency explores whether it should take a disciplinary action. 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 no findings of discrimination during the 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 20

47. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator C.6. The EEO office advises managers/supervisors on EEO matters. 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 The EEO office provides updates on a quarterly basis. C.6.b. Are EEO officials readily available to answer managers’ and supervisors’ questions or concerns? [see MD-715 Instructions, Sec. I] X Page 21

48. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist Essential Element: D Proactive Prevention 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 Compliance Indicator D.1. The agency conducts a reasonable assessment to monitor progress towards achieving equal employment opportunity throughout the year. 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 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 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 Page 22

49. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator D.2. The agency identifies areas where barriers may exclude EEO groups (reasonable basis to act.) 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 Form 462 report. Exit interview surveys provided by the Office of Human Resources. Employee Resource and Affinity Groups (LGBTQ and Allied employees at ED, Blacks in Government, Federally Employed Women, Hispanic Employees Council, Supporting ED’s Parents, and Next Generation Leaders). Page 23

50. U.S. Equal Employment Opportunity Commission FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT EEOC FORM 715-02 PART G Department of Education For period covering October 1, 2019 to September 30, 2020 Agency Self-Assessment Checklist 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 Compliance Indicator D.3. The agency establishes appropriate action plans to remove identified barriers. 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 Barrier Analysis was not conducted during this fiscal year. D.3.c. Does the agency periodically review the effectiveness of the plans? [see MD-715, II(D)] X 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 Compliance Indicator D.4. The agency has an affirmative action plan for people with disabilities, including those with targeted disabilities. 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 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 Page 24