Equal Employment Opportunity: Pilot Projects Could Help Test Solutions to Long-standing Concerns with the EEO Complaint Process

According to EEOC officials, the agency first proposed changes to its regulations to allow for pilot projects in the Federal Register in late 2006. The final rule, which provided a mechanism for agencies to request a variance from regulations to conduct pilot projects, was issued in July 2012. EEOC released its Management Directive in August 2015, containing the revised regulations and clarifications, including more explicit information on time frames, as well as a list of elements to be included in pilot project requests. In the summer of 2016, EEOC's Office of Federal Operations (OFO) released its Standard Operating Procedures (SOP) with a checklist the OFO uses to evaluate applications. Part of the criteria for acceptance includes a data analysis plan that links to the objective defined in the SOP. For example, the agency must explain the method by which it intends to evaluate the success of the pilot project on an interim basis and at the completion of the pilot project, including identification of well-defined, clear, and measurable objectives and their connection to program objectives. As of early 2017, EEOC has received nine applications for pilot programs. In the example provided to GAO, the requesting agency successfully submitted an application that identified metrics it would use to measure the objectives to be achieved, including reducing complaint processing time and improved accountability. The OFO did ask the requesting agency to clarify its measurable objectives, which the agency provided, and OFO accepted. We conclude that the SOP for pilot projects and the implementation of those procedures provide sufficient attention to an evaluation plan that will yield sound results.

According to EEOC officials, the agency first proposed changes to its regulations to allow for pilot projects in the Federal Register in late 2006. The final rule, which provided a mechanism for agencies to request a variance from regulations to conduct pilot projects, was issued in July 2012. EEOC released its Management Directive in August 2015, containing the revised regulations and clarifications, including more explicit information on time frames, as well as a list of elements to be included in pilot project requests. In the summer of 2016, EEOC's Office of Federal Operations (OFO) released its Standard Operating Procedures (SOP) with a checklist the OFO uses to evaluate applications. The SOP outlines the OFO's evaluation plans of agency reports including quarterly and annually monitoring of progress during the pilot project. According to EEOC, OFO reviews agency reports to determine whether the pilot is progressing pursuant to the pilot request as approved by the Commission. OFO provides a report to the Commission outlining the agency's progress for approval. For annual reviews, agency reports are due by November 15. Additionally, agencies are required to submit a final report at the end of the pilot project to include an analysis of the result of the pilot compared to the goals and objectives set forth in the proposal, as well as an evaluation of the data collected during the pilot. The SOP provides additional details for the quarterly, annual, and final reporting requirements, including how to compare progress to the goals and objectives set forth in the pilot request. We conclude that the SOP for pilot projects and the implementation of those procedures provide sufficient attention to an evaluation plan that will yield sound results.