Recommendation: As part of the Equal Employment Opportunity Commission's plans to implement a new data system, the Chair of the Equal Employment Opportunity Commission should assess the feasibility of developing the agency's capacity to systematically analyze retaliation charge data, including the protected activities associated with these charges. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of the Smithsonian should develop written guidance for supervisors specific to how to address complaints of sexual harassment filed under the management process—which may include updating current written guidance for supervisors on handling misconduct, such as the Supervisor's Compass and Smithsonian Directives 212 and 213 (Chapter 752). (Recommendation 1)

Agency: Smithsonian Institution
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of the Smithsonian should establish a tracking mechanism for complaints of sexual harassment filed under the management process—including procedures for supervisors within the units to convey reports of sexual harassment to the central Smithsonian administration and/or OEEMA. (Recommendation 2)

Agency: Smithsonian Institution
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of the Smithsonian should include affiliated persons in measures used to assess organizational climate at the Smithsonian—which may include incorporating affiliated persons into current efforts or developing additional measures specific to these persons. (Recommendation 3)

Agency: Smithsonian Institution
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should identify and utilize a suitable system that provides information about air marshals' medical qualification status. (Recommendation 1)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS is evaluating case management software to track this information and plans to pursue funding for this effort in fiscal year 2021.This action, if fully implemented, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should develop and implement a plan to assess the health and fitness of the FAMS workforce as a whole, including trends over time. (Recommendation 2)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS had established a team to develop a plan for assessing workforce health and wellness issues. Adopting and implementing a plan that assesses the health and fitness of the FAMS workforce as a whole, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should identify and implement a means to monitor the extent to which air marshals' actual shifts and rest hours are consistent with scheduling guidelines. (Recommendation 3)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS will begin tracking air marshals' actual hours and examine the extent to which air marshals' actual and scheduled hours vary. This information could be helpful, for example, in assessing air marshals' schedule predictability. However, to address the intent of this recommendation, FAMS would need to monitor the extent that air marshals' actual work and rest hours are consistent with FAMS's scheduling guidelines. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should take steps to reaffirm and strengthen efforts to prevent discrimination by, for example, updating and following through on its 2012 action plan and renewing leadership commitment to the plan's goals. (Recommendation 6)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS plans to review the goals of its 2012 action plan and develop steps to strengthen efforts to prevent discrimination. These actions, if fully implemented, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Director of OCWR, in collaboration with relevant managers, should establish a policy that requires a schedule of tasks to be developed, documented, and updated throughout the lifetime of IT system projects. (Recommendation 1)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. OCWR officials stated that they will be implementing a policy to ensure that project planning steps, including a schedule of tasks, will be included and documented for future IT projects.

Recommendation: The Executive Director of OCWR should identify and assess risks in establishing and maintaining a permanent records retention program, and develop policies and procedures to ensure that risks are properly addressed. (Recommendation 2)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. OCWR officials stated that they have hired a contractor to assist with various risk management activities related to OCWR's permanent records retention program, including identifying and assessing risks and developing policies and procedures to address any risks.

Recommendation: The Executive Director of OCWR should identify desired performance results, develop performance measures that demonstrate the degree to which the desired results were achieved, and report progress toward those results in OCWR's annual reports. (Recommendation 3)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. OCWR officials stated that they are reassessing desired performance results, developing new performance measures to monitor progress towards those results, and will clearly report OCWR's progress in future annual reports.

Recommendation: The Executive Director of OCWR should collect relevant data through a survey or other mechanisms, and use the information to evaluate the effectiveness of education and outreach efforts and the extent to which they are reaching all covered legislative branch populations. (Recommendation 4)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. According to OCWR officials, they are working with congressional oversight committees and covered legislative branch offices to obtain data through surveys or other methods that will enable them to evaluate the effectiveness and coverage of OCWR's education and outreach efforts.

Recommendation: The Executive Director of OCWR should integrate IT planning and implementation into the agency's strategic planning process. (Recommendation 5)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. OCWR officials stated that they intend to revise the agency's strategic plan, including integrating IT planning and implementation into the strategic planning process, after they gain more experience with the new procedures required by the Congressional Accountability Act (CAA) Reform Act of 2018.

Recommendation: The Executive Director of OCWR should incorporate key strategic human capital management practices, such as developing strategies to recruit and retain staff with mission-critical skills, into the strategic planning process. (Recommendation 6)

Agency: Office of Congressional Workplace Rights
Status: Open

Comments: The agency agreed with the recommendation. OCWR officials reported that they hired a contractor to better incorporate key management practices, such as developing strategies for recruiting and retaining staff with mission-critical skills, into OCWR's human capital plan and strategic planning process.

Recommendation: The Under Secretary of Defense for Personnel and Readiness should fully include in the new policy for sexual harassment the principles in the Centers for Disease Control's framework for sexual violence prevention, including risk and protective factors, risk domains, and tertiary strategies. (Recommendation 1)

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: In written comments on the draft report, DOD concurred with this recommendation. In April 2020, officials with the Office of the Undersecretary of Defense for Personnel and Readiness stated that development of a new sexual harassment prevention strategy was complete and going through DOD's internal review process. The officials stated that the Undersecretary's review and approval of the assessment report will be complete before the end of the fiscal year, September 30, 2020. We will continue to monitor DOD's efforts and update the status of this recommendation as more information becomes available.

Recommendation: The Under Secretary of Defense for Personnel and Readiness should direct the Assistant Secretary of Defense for Readiness to incorporate in its continuum of harm prevention strategy all the elements that are key for establishing a long-term, results-oriented strategic planning framework. The elements are (1) a mission statement, (2) long-term goals, (3) strategies to achieve goals, (4) external factors that could affect goals, (5) use of metrics to gauge progress, and (6) evaluations of the plan to monitor goals and objectives. (Recommendation 4)

Agency: Department of Defense
Status: Open

Comments: In written comments on the draft report, DOD concurred with this recommendation. According to officials with the Office of the Undersecretary of Defense for Personnel and Readiness, development of a new sexual harassment prevention strategy is complete and the strategy is going through DOD's internal review process. Additionally, a Defense Equal Opportunity Reform Group assessment report containing a review of the department's efforts to prevent sexual harassment was also submitted to the Undersecretary of Defense for Personnel and Readiness. The official's stated that the Undersecretary's review and approval of both the new strategy and assessment report should be completed by the end of the fiscal year, September 30, 2020. We will continue to monitor DOD's efforts to address this recommendation and will update its status when more information becomes available.

Recommendation: The Chair of the EEOC should develop a timeline to complete the planned effort to clean Integrated Mission System data for a one-year period and add missing industry code data. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: As part of an effort to overhaul its IMS data system, EEOC has begun developing an Employer Master List that will provide a source of employer information, including industry codes, but EEOC told us that it has not yet completed this effort. It anticipates this system will be more fully developed by spring 2020. It is important for EEOC to collect sufficient information through its Employer Master List and use it to analyze charge data by industry.

Recommendation: The Director of OFCCP should analyze internal process data from closed evaluations to better understand the cause of delays that occur during compliance evaluations and make changes accordingly. (Recommendation 2)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In June 2019, OFCCP officials reported that OFCCP's procedures outlined in the Active Case Enforcement Directive (DIR 2011-01) caused delays in case closures, but OFCCP did not indicate that this conclusion resulted from the recommended analysis of internal process data from closed evaluations. OFCCP officials reported that the agency's aged case rate-defined as a case which is open for more than 730 days and has not been referred for further enforcement-has dropped from 27.7 percent in fiscal year 2017 to 20.9 percent in fiscal year 2019. However, it did not report on changes in case outcomes. In September 2019, OFCCP officials told us they continue to look for ways to address delays with effective policies that make the agency more efficient. We maintain that OFCCP should determine the root causes of delays based on data analysis of actual evaluations to demonstrate that its policy changes are accurately targeting the causes of these delays.

Recommendation: The Director of OFCCP should assess the quality of the methods used by OFCCP to incorporate consideration of disparities by industry into its process for selecting contractor establishments for compliance evaluation. It should use the results of this assessment in finalizing its procedures for identifying contractor establishments at greatest risk of noncompliance. (Recommendation 4)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In its agency response to our November 2017 report, OFCCP officials reported that the agency was exploring the use of U.S. Census Bureau and administrative data to refine its selection process to focus on industries with a greater likelihood of noncompliance. In January 2019, DOL officials reported that DOL had revised its scheduling methodology to include industries with the highest rates of violations. OFCCP published the scheduling list in March 2019 and its field offices started scheduling cases in May 2019. OFCCP stated it will continue to monitor results from this revised scheduling methodology to determine its effectiveness. It will be important for OFCCP to refine these methods based on its experiences with them. This new process is a step toward focusing efforts on industries at greater risk of potential noncompliance with nondiscrimination or affirmative action requirements. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the current approach used for identifying entities for compliance review and determine whether modifications are needed to reflect current workplace structures and locations or to ensure that subcontractors are included. (Recommendation 5)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In fiscal year 2019, OFCCP evaluated its current approach for identifying subcontractors for review. OFCCP stated that the current approach does not reliably include subcontractors in the pool from which contractors are scheduled because there is no government or public database that captures the complete universe of subcontractors and other important data. In June 2019, OFCCP submitted revisions to its process to the Office of Management and Budget (OMB) for approval. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the Functional Affirmative Action Program to assess its usefulness as an effective alternative to an establishment-based program, and determine what improvements, if any, could be made to better encourage contractor participation. (Recommendation 6)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: OFCCP has taken steps to encourage contractors to use the FAAP program without fully evaluating it as an alternative to the establishment-based program. Evaluating the FAAP could help OFCCP improve its ability to achieve its objectives and may provide broader insight for OFCCP's overall enforcement approach. We will consider closing this recommendation when these efforts are complete.