Mr. JOHN H. POWELL, Jr.,

HOUSE OF REPRESENTATIVES,
COMMITTEE ON EDUCATION AND LABOR,
SUBCOMMITTEE ON EQUAL OPPORTUNITIES,
Washington, D.C., July 18, 1974.

Chairman, Equal Employment Opportunities Commission, Washington, D.C. DEAR MR. CHAIRMAN: I have reviewed your plans for the elimination or reduction in the Commission's backlog of complaints. In preparation for the hearings which the Subcommittee on Equal Opportunities will be conducting on the readiness of the Commission to assume expanded jurisdiction, we would appreciate receiving your written replies to the following questions by July 31, 1974. 1. What is the size, regional location and processing stage of the Commission's backlog of complaints as of June 30, 1973; as of June 30, 1974?

2. What is the size and processing stage of the Commission's backlog of complaints, by District office within each regional office as of June 30, 1973; as of June 30, 1974?

3. Indicate any changes in the rate of the growth of backlog of complaints to the Commission during the past six quarters, according to regional office and District office.

4. Provide a comparative breakdown, according to District office and regional office, of complaints which are more than 24 months, 18 months and 12 months old as of June 30, 1973, and June 30, 1974.

5. In your communication to Senator Harrison Williams, Jr., of February 1, 1974, you stated that “*** totally new approaches and systems must be developed to assist both in the elimination of this (backlog) problem over the longer term and in the prevention of its recurrence." Please describe in detail what new approaches and systems, if any, have been implemented or are anticipated to overcome the backlog of complaints to the Commission?

6. Please describe each short range program, which has been planned and/or implemented by each of the Commission's regional offices, which aims to reduce the backlog of complaints to the Commission.

7. Specifically, what resources of the Commission, if any, have been reprogrammed to support these efforts by the regional offices?

8. Describe how the Commission's information system has been improved and developed in an effort to reduce the backlog of complaints filed with the Commission.

9. Describe in detail any changes in the organizational structure of the Commission which you plan or have implemented in an effort to reduce the Commission's backlog in the processing of complaints. What is the rationale for these changes?

10. Describe the training program and staffing pattern of the training academy which the Commission will be establishing in September 1974. What resources have been necessary for the implementation of this academy? What is the source of these resources?

11. Provide a breakdown of the Commission's contracts (actual and projected) with State and local human rights agencies for fiscal year 1974, when the Commission received an appropriation of $2.5 million, and fiscal year 1975, when the Commission requested an appropriation of $5 million, for this purpose.

12. In your testimony before the House Committee on Appropriations on April 30, 1974, you indicated that the Commission would expand its efforts to seek voluntary compliance through its Office of Voluntary Programs, yet no increase in staff of this office was requested. Please indicate how you intend to accomplish this goal.

13. Submit a summary of the findings and recommendations of the recent study of the Commission's investigative systems. To what extent have you, or do you intend to implement these recommendations?

14. Describe what efforts are being made to reduce the current backlog of cases through coordination with State agencies (e.g. FEP) and Federal agencies (e.g. OFCC).

15. Elaborate on the current success of conciliation efforts in resolving charges and reducing the current backlog.

16. Specifically, provide us with a detailed statistical breakdown of the charges disposed of through administrative closure.

I look forward to our forthcoming meeting, at which time we will be discussing the programs and operations of the Commission. I am taking the liberty of re

questing the above information at this time however, since some time will be required in order to properly prepare your replies.

With all good wishes,
Sincerely,

AUGUSTUS F. HAWKINS, Chairman.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Washington, D.C., July 30, 1974.

Hon. AUGUSTUS F. HAWKINS,

Chairman, Subcommittee on Equal Opportunities, Committee on Education and Labor, U.S. House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Attached please find our responses to the questions raised in your letter of July 18, 1974. I hope you will find the material useful in preparation for the upcoming hearings of the Subcommittee on Equal Opportunities.

Please note that the data requested is available only through April, 1974. End-of-year data will be forthcoming within thirty to sixty days and will be forwarded to you at that time. In addition, the response to Question No. 4 requires a special computer run. These data should be available in 15 days and will be provided at that time.

Please let me know if we can be of further assistance to you or your staff as you prepare for these hearings. I look forward to seeing you soon. Sincerely,

JOHN H. POWELL, Jr., Chairman.

JULY 30, 1974.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Question 1. What is the size, regional location and processing stage of the Commission's backlog of complaints as of June 30, 1973; as of June 30, 1974? Answer. The attached table shows the total number of uncompleted charges on hand by processing stage for each Region. This number includes those charges which have been assigned for processing but are not yet completed as well as those awaiting assignment. This information is provided as of June 30, 1973 and April 30, 1974. End-of-year data for FY 1974 is not yet available, but will be provided upon receipt.

The processing stages shown on the attached table are defined as follows: Pre-Investigation Analysis (PIA).—In the PIA stage charges are received, analyzed, and deferred if appropriate. The number of charges on hand in this stage are all those which have been received but are not yet ready to be investigated. Charges which are awaiting the deferral time requirement are included in this stage, as are charges in which more detailed information is necessary to determine if we have jurisdiction.

Investigations.-The number of charges on hand in this stage are all those awaiting assignment to an investigator as well as those which have been assigned but have not yet been completed.

Pre-Determination Settlement (PDS).-PDS is an early attempt at settlement when the facts are straight-forward and the Respondent has indicated a willingness to settle. The number of charges in this stage include all the charges assigned for a PDS attempt but not yet completed.

Determinations.-In the Determinations stage the facts obtained during the investigations are reviewed and determinations made as to reasonable cause to believe the charge is true. A determination letter is then issued by the District Director to the Respondent and Charging Party giving the determination found. The number of charges on hand in this stage represents all the charges on which investigation is completed but on which a final determination has not yet been issued to the Respondent and Charging Party.

Conciliation. In the Conciliation stage an attempt is made to obtain a suitable remedy where a finding of reasonable cause has been made. The number of charges on hand in this stage are all those charges on which a reasonable cause finding has been made and on which the conciliation effort is still incomplete.

Question 2. What is the size and processing stage of the Commission's backlog of complaints, by District Office within each regional office as of June 30, 1973; as of June 30, 1974?

Answer. Table 2 shows the total number of uncompleted charges on hand by processing stage by District Office within each regional office as of June 30, 1973; and as of April 30, 1974. End of year data for FY 1974 is not yet available, but will be provided upon receipt. Definitions of processing stages are the same as those in question one.

Question 3. Indicate any changes in the rate of the growth of backlog of complaints to the Commission during the past six quarters, according to regional office and district office.

Answer. Table 3 shows the rate of growth in Uncompleted Charges on Hand during the past five quarters (4th quarter data FY 1974 is not yet available), according to regional office and district office. Rate of growth is shown for each quarter as a percent increase or decrease over the previous quarter's uncompleted charges on hand.

As can be seen on Table 3, the Commission's rate of growth in uncompleted charges on hand has been steadily decreasing, to a 5.8% increase in the third quarter. In the fourth quarter FY 1973 five regions and 17 individual District Offices had percentage increases over 10%, while in the third quarter FY 1974, only one region and 8 individual District Offices had percentage increases over 10%.

TABLE 3. RATE OF GROWTH OF UNCOMPLETED CHARGES ON HAND