FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

RISK MANAGEMENT AGENCY

FY2021 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

1

The data for the Risk Management Agency (RMA) Fiscal Year (FY) 2021 No FEAR Act Annual Report 

follows.

I. Number of Complaints Filed

Trends

Risk Management Agency (RMA) had the same number of Equal Employment Opportunity 

(EEO) complaints filed in FY2021 as it did in FY2020, one formal complaint filed. RMA 

recorded the same number (0) of closed complaints in both FY2020 and FY2021.

Causal Analysis

The number of complaints filed stayed the same in FY2020 to FY2021. RMA ability to keeps its 

formal complaints low may have resulted from the general maximum telework/remote workplace 

status due to Covid-19 restrictions across the nation. Work-life balance, daily work activities and 

relationships were likely positively affected by distance. Other explanations for the decrease may 

include RMA leadership emphasis on early intervention practices and the streamlining case 

management within FPAC’s Civil Rights and EEO Division (CREEOD). 

The EEO Complaints Processing and Resolution Branch provided well attended “EEO 101” 

training quarterly during the fiscal year. This fundamental course outlines the definition of an 

EEO complaint, describing bases and issues while walking the participant through the EEO 

complaints process. This type of training is instrumental in educating RMA employees and 

supervisors to understand USDA policy, and when, how or if one should file an EEO complaint.

Knowledge Gained

RMA is committed to complying with EEOC guidelines and continues to incorporate a structure 

for effective management, accountability, and self-analysis which will ensure program success 

and compliance with Management Directive 715 (i.e. the Model EEO Program). RMA fully 

recognize that whether the number of complaints filed with the Civil Rights Division increases or 

decreases in any year, we must not become complacent. RMA remains committed to ongoing 

system improvement and implementing best practices for reducing and eventually eliminating 

EEO complaints.

II. Number of Filers

Trends 

The number of filers in FY2021 was one; the same in FY2020.
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

RISK MANAGEMENT AGENCY

FY2021 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

2

Causal Analysis 

The continued refreshed implementation and improvements in case management provides 

consistency in managing administrative case processing. Improved customer service to our 

external customers played a major role with this diminishing trend.

Knowledge Gained

The willingness of supervisors and managers to engage in addressing workplace challenges 

and issues at the earliest stages, namely via the Alternative Dispute Resolution Program has 

been instrumental in reducing the number of pre-complaints progressing to the formal 

complaint phase. 

III. Number of Repeat Filers

Trends 

A review of RMA’s data for FY2020 through the end of FY2021 shows no repeat filers.

Causal Analysis 

RMA will continue to take a proactive approach to resolving workplace issues. 

Knowledge Gained

RMA is committed to raising awareness of practices and policies that contribute to perceptions 

of bias or unfairness.

IV. Number of Bases Alleged in Complaints

Trends

During FY2021 and FY2020, of the nine federally protected EEO categories (bases), there were 

a total of one basis alleged in RMA complaints: Race. 

Causal Analysis

Race has consecutively been alleged in RMA complaints during FY2020 and FY2021. 

Knowledge Gained

Periodic reviews of formal EEO complaint monitoring and tracking data during the fiscal year is 

crucial to identify the bases alleged in EEO complaints, and provide management and 
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

RISK MANAGEMENT AGENCY

FY2021 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

3

supervisors with appropriate Civil Rights, EEO, and HR training to address such areas of 

concern. Providing managers and supervisors with training on how to preclude discrimination 

and harassment on the most commonly alleged bases, which include Reprisal and Race, may 

help reduce the number of claims citing such bases. 

V. Number of Issues Alleged Complaints

Trends

The total number of issues alleged in complaints for FY2021 stayed the same as reported in 

FY2020. Of the one formal complaint filed in FY2021, Promotion/Nonselection was alleged

compared to Performance Evaluation/Appraisal cited in FY2020.

Causal Analysis

Allegations dealing with HR personnel practices are generally cited in federal EEO complaints. 

The organizational restructure and combining of workplace cultures of the mission agencies 

(RMA, FSA, NRCS, and RMA) may pose difficulties in understanding and implementation 

of policies, processes, and procedures (i.e. work-place communication style as in top down 

vs group consensus).

Knowledge Gained

It is imperative to seek out and reaffirm best practices to prevent misunderstanding that occurs in 

the workplace and to reaffirm and uphold Federal and USDA principles, policies, and 

procedures. As employees begin to return to the workplace after working from home/remotely 

during the Covid-19 pandemic, RMA can expect to receive an increased number of requests for 

reasonable accommodations. As such, CREEOD will work closely with HR to ensure that 

supervisors and managers are trained on ADA compliance obligations and the interactive process 

regarding possible requests for reasonable accommodations for eligible employees.

VI. Findings of Discrimination

Trends 

Over the two-year analysis review period there were no findings of discrimination.

Causal Analysis 

RMA continues to partner with CREEOD to provide Civil Rights and EEO training that includes 

guidance on discrimination, retaliation, harassment and how to avoid these actions. When 

allegations of discrimination, harassment, or reprisal are reported to the Civil Rights Program, a 

thorough inquiry into the allegations are conducted, and prompt and efficient measure(s) are taken 
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

RISK MANAGEMENT AGENCY

FY2021 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021) 

4 

if needed. When RMA identifies, unprofessional, inappropriate, or potentially discriminatory 

behavior, RMA senior leadership works quickly to end this action and suitably discipline 

responsible parties.

Knowledge Gained

RMA remains committed to educating managers, supervisors, and employees on EEO and Civil 

Rights laws in its efforts to avoid harassment and discriminatory practices. 

VII. Average Length of Time to Complete Each Stage of the Complaint Process

Category FY2021 Average No. Days

Total Complaints Pending 1 206

Investigation Completed 2 141

Final Agency Decision - Merit 2 61

EEOC Hearing 1 206

Complaints Pending Final Agency Action 0 0

USDA, Employment Investigation Division (EID) in the Office of the Assistant Secretary for 

Civil Rights (OASCR), has oversight for completing CREEOD’s formal EEO investigations. 

During FY2021, RMA had two investigations completed compared to zero in FY2020. Of 

the two investigations completed in FY2021, both were completed within the regulatory time 

frame. CREEOD will continue to work with EID and their contracted investigators to ensure 

they continue to complete timely and thorough investigations. CREEOD conducts regular 

meetings with EID to discuss issues concerning the quality and timeliness of investigations, 

including those that could potentially exceed the 180-day time frame.

USDA, Employment Adjudication Division (EAD) in OASCR, has oversight for processing 

CREEOD’s Final Agency Decisions (FADs). CREEOD monitors the process to ensure that the 

FADs are completed within the regulatory requirement mandated by EEOC. There were two

FADs processed in FY2021, and zero FADs processed in FY2020. The average processing days

for FADs completion was 61 days. Of the two FADs processed, one was processed outside the 

regulatory timeframe.

VIII. No FEAR Reporting Requirements

RMA leadership ensures access availability to agency employees, former employees, and 

applicants for Federal employment concerning the rights and remedies applicable to them under 

the employment discrimination and whistleblower protection laws (e.g., No FEAR Act). USDA 

posts individual agency summary statistical EEO complaint data quarterly under Title III, "Equal 

Employment Opportunity Complaint Data Disclosure," of the No FEAR Act on its public facing 
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

RISK MANAGEMENT AGENCY

FY2021 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021) 

5 

website. No FEAR Act Refresher training is required of all USDA personnel, partners, and 

technical service providers during FY2021. 

Training of Employees – RMA provides an annual notice to its employees concerning the rights 

and remedies applicable to them under the employment discrimination and whistleblower 

protection laws. 

Process of Providing Annual No FEAR Notice to Employees - Per Title II of the No FEAR Act, 

each employee is required to complete the initial training and every 2 years thereafter. 

Training for RMA employees was implemented accordingly and requires all employees to take 

comprehensive training via AgLearn. 

FY2021 No FEAR Training Assigned # # Completed % Completed

Risk Management Agency 39 33 85%