Fair and Equitable Treatment: Progress Made and Challenges Remaining A Report to the President and the Congress of the United States by the U.S. Merit Systems Protection Board The Chairman U.S. MERIT SYSTEMS PROTECTION BOARD 1615 M Street, NW Washington, DC 20419-0001 December 1, 2009 The President President of the Senate Speaker of the House of Representatives Dear Sirs and Madam: In accordance with the requirements of 5 U.S.C. 1204(a)(3), it is my honor to submit this Merit Systems Protection Board (MSPB) report, Fair and Equitable Treatment: Progress Made and Challenges Remaining. The purpose of this report is to examine changes in the composition of the Federal workforce and Federal employee perceptions of their treatment in the workplace. MSPB has a long history of examining the success of the Federal Government and its component agencies in adhering to the merit system principles, achieving a representative workforce, and avoiding prohibited personnel practices. Over the past thirty years, progress has been made as the Federal workforce has become more diverse. However, the percentage of minorities at higher levels of pay and responsibility remains below their rate of employment at lower levels. In addition, many employees believe that personnel decisions are often based on factors other than merit, such as favoritism. Fairness is essential to recruit highly-qualified employees and create an engaged, high performing workforce. Accordingly, agencies must ensure that their human resources management policies and practices do not create barriers to merit-based selection, advancement, recognition, and retention. The insights in this report should help Federal agencies enhance their ability to achieve and maintain an effective workforce that represents all segments of society, in accordance with the merit system principles. I believe that you will find this report useful as you consider these and other issues regarding the future of the Federal civil service. Respectfully, Susan Tsui Grundmann Enclosure A Report to the President and the Congress of the United States by the U.S. Merit Systems Protection Board Fair and Equitable Treatment: Progress Made and Challenges Remaining U.S. Merit Systems Protection Board Susan Tsui Grundmann, Chairman Anne M. Wagner, Vice Chairman Mary M. Rose, Member Office of Policy and Evaluation Director John Crum, Ph.D. Project Manager Cynthia H. Ferentinos, Ph.D. Assistant Project Manager James J. Tsugawa Project Analysts Dee Ann Batten, Ph.D. Annette Butler J. Peter Leeds, Ph.D. Paul van Rijn, Ph.D. Executive Summary i Overview i Findings ii Recommendations iv Summary vii Introduction 1 Purpose of the Study 1 Methodology 2 Building a Diverse and Representative Workforce 5 e Case for a Diverse and Representative Workforce 5 Achieving Representation 8 Summary 15 A Status Report on the Federal Workforce 17 Representation in the Federal Workforce 17 Pay and Status 21 Occupational Distribution 22 Level of Responsibility 26 Summary 28 Fostering a Representative Workforce at All Levels 29 Analysis of Promotion Rates 29 Trends and Patterns in Overall Promotion Rates 30 Advancement to Leadership Roles 41 Current Status 41 Career-Enhancing Opportunities 44 Seizing Opportunities for Career Advancement 47 Employee Strategies for Career Advancement 47 Optimism 51 Ambition 51 Summary 52 Unifying Concerns and Distinct Challenges 53 Changing Perceptions of Discrimination 53 Different Perspectives on Discrimination 55 Concerns About Favoritism 56 Looking Back at Progress Made and Challenges at Remain 59 Findings From the 1996 Fair and Equitable Treatment Report With Brief Updates 59 Recommendations From the 1996 Fair and Equitable Treatment Report With Brief Updates 62 Addressing the Remaining Challenges 65 Fostering Fairness and Transparency 65 Safeguarding Equal Opportunities in Employment 67 Conclusions and Recommendations 71 Conclusions 71 Recommendations 73 Summary 75 Appendix A. Merit System Principles 77 Appendix B. Prohibited Personnel Practices 79 Appendix C. Discussion Group Questions 81 Appendix D. Career Advancement Survey 83 Appendix E. Occupational Definitions 95 Table of Contents . 56 Looking Back at Progress Made and Challenges at Remain 59 Findings From the 1996 Fair and Equitable Treatment Report With Brief Updates 59 Recommendations From the 1996 Fair and Equitable Treatment. opinion, and previous research. 1 5 U.S.C. § 2301(b)(1). 2 5 U.S.C. § 2301(b)(2). Executive Summary iiii Fair and Equitable Treatment: Progress Made and Challenges Remaining Findings Progress. Fair and Equitable Treatment: Progress Made and Challenges Remaining A Report to the President and the Congress of the United States by the U.S.