Fiscal Year 2021 

Annual Report to Congress on the 

Notification and Federal Employee 

Antidiscrimination and 

Retaliation Act of 2002 

United States Department of Transportation 

Office of the Secretary 

Departmental Office of Civil Rights 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

O: 202-366-4648 
 

 

 

 

 

 

 

 

 

 

 

Table of Contents 

1. Background................................................................................................................................ 1 

2. DOT’s Mission........................................................................................................................... 4 

3. Results and Data ........................................................................................................................ 4 

3.1 EEO Complaint Activity in Federal Court and Disposition ............................................... 4 

3.2 Reimbursements and Budget Adjustments in FY 2021 ...................................................... 5 

3.3 Number of Employees Disciplined and Disciplinary Policy .............................................. 5 

3.4 Summary Federal Court Case Data..................................................................................... 6 

Table 1: Summary of Federal Court Cases.............................................................................. 6 

3.5 Analysis of Complaints....................................................................................................... 7 

3.5.1. Trends and Analysis ...................................................................................................... 7 

3.6 Findings of Discrimination ................................................................................................. 7 

4. Accomplishments, Training, and Awareness............................................................................. 8 

5. No FEAR Act Training ............................................................................................................ 11 

6. Actions Planned, Taken, and Practical Knowledge Gained to Improve the Program .............. 12 

6.1 Pursuant to Section 203(a)(7)(D), DOT Plans to Implement These Actions: .................. 12 

6.2 Practical Knowledge Gained............................................................................................. 12 

Appendix A – Summary Data....................................................................................................... 14 

Appendix B – EEO Data Posted Pursuant to the No FEAR Act .................................................. 17 
 

 

 

1. Background 

In 2002, Congress passed the Notification and Federal Employee Antidiscrimination and 

Retaliation Act of 2002 (No FEAR Act), Public Law 107-174, 5 U.S.C. § 2301 et seq., to hold 

Federal agencies financially accountable for violations of Federal antidiscrimination and 

whistleblower protection laws. Prior to the No FEAR Act, monetary judgments against Federal 

agencies were paid from the U.S. Department of Justice’s Judgment Fund. With the enactment 

of Section 201 of the No FEAR Act, Congress required Federal agencies to reimburse the 

Judgment Fund for all judgments, awards, and settlements paid to a complainant as the result of a 

violation of antidiscrimination or whistleblower protection laws. 

In addition, the No FEAR Act requires agencies to provide public notice of relevant statistics on 

agency websites, including the number of Federal court cases involving discrimination that were 

filed, pending, and resolved and other information on Equal Employment Opportunity (EEO) 

complaints. 

The No FEAR Act also requires each Federal agency to report annually to Congress on its 

complaints of discrimination, Federal court cases involving discrimination, and activities to 

prevent discrimination and retaliation. 

In doing so, Federal agencies report on: 

• The number of Federal court cases, pending or resolved, arising under the 

antidiscrimination laws and authorities included in the No FEAR Act, and the status and 

disposition of those cases; 

• Judgment Fund reimbursements, adjustments to agency budgets to meet reimbursement 

requirements, and the amount of reimbursement required for attorneys’ fees where such 

fees have been separately designated; 

• The number and type of disciplinary actions related to discrimination, retaliation, or 

harassment; 

• A detailed description of the agency’s policy for taking disciplinary actions against 

employees for conduct inconsistent with the antidiscrimination laws referenced by the 

No FEAR Act; 

• Year-end summary data of Federal sector EEO complaint activity; 

• An analysis of the information provided in this report, including an examination of 

trends, causal analysis, lessons learned, and actions planned or taken to improve 

compliance; and 

• The agency’s plan to train employees on their rights under the No FEAR Act. 

Representatives from the U.S. Department of Transportation’s (DOT or the Department) Office 

of the Secretary, including the Departmental Office of Civil Rights (DOCR), the Departmental 

Office of Human Resource Management (DOHRM), and the Office of the Assistant Secretary 

for Administration assisted in the preparation of this report on anti-discrimination activities 

during FY 2021, in collaboration with the Office of Inspector General and the DOT’s Operating 

1 
 

Administrations (OAs): the Federal Aviation Administration (FAA); the Federal Highway 

Administration (FHWA); the Federal Motor Carrier Safety Administration (FMCSA); the 

Federal Railroad Administration (FRA); the Federal Transit Administration (FTA); the Maritime 

Administration (MARAD); the National Highway Traffic Safety Administration (NHTSA); the 

Pipeline and Hazardous Materials Safety Administration (PHMSA); and the Great Lakes St. 

Lawrence Seaway Development Corporation (GLS). 

2 
Pursuant to statutory requirements, DOT provides the No FEAR Act annual report to the 

following members of the 117th Congress: 

The Honorable Kamala Harris 

President of the Senate 

The Honorable Patrick Leahy 

President Pro Tempore of the Senate 

Chairman, Senate Committee on 

Appropriations 

The Honorable Richard Shelby 

Vice Chairman, Senate Committee on 

Appropriations 

The Honorable Sherrod Brown 

Chairman, Senate Committee on Banking, 

Housing, and Urban Affairs 

The Honorable Patrick J. Toomey 

Ranking Member, Senate Committee on 

Banking, Housing, and Urban Affairs 

The Honorable Maria Cantwell 

Chair, Senate Committee on Commerce, 

Science, and Transportation 

The Honorable Roger Wicker 

Ranking Member, Senate Committee on 

Commerce, Science, and Transportation 

The Honorable Tom R. Carper 

Chairman, Senate Committee on Environment 

and Public Works 

The Honorable Shelley Moore Capito 

Ranking Member, Senate Committee on 

Environment and Public Works 

The Honorable Gary C. Peters 

Chairman, Senate Committee on Homeland 

Security and Governmental Affairs 

The Honorable Rob Portman 

Ranking Member, Senate Committee on 

Homeland Security and Governmental Affairs 

The Honorable Nancy Pelosi 

Speaker of the House of Representatives 

The Honorable Rosa L. DeLauro 

Chairwoman, House Committee on 

Appropriations 

The Honorable Kay Granger 

Ranking Member, House Committee on 

Appropriations 

The Honorable Frank J. Pallone, Jr. 

Chairman, House Committee on Energy and 

Commerce 

The Honorable Cathy McMorris Rodgers 

Ranking Member, House Committee on 

Energy and Commerce 

The Honorable Carolyn B. Maloney 

Chairwoman, House Committee on Oversight 

and Reform 

The Honorable James Comer 

Ranking Member, House Committee on 

Oversight and Reform 

The Honorable Eddie Bernice Johnson 

Chairwoman, House Committee on Science, 

Space, and Technology 

The Honorable Frank Lucas 

Ranking Member, House Committee on 

Science, Space, and Technology 

The Honorable Peter A. DeFazio 

Chairman, House Committee on 

Transportation and Infrastructure 

The Honorable Sam Graves 

Ranking Member, House Committee on 

Transportation and Infrastructure 

3 
 

 

 

 

Pursuant to statutory and regulatory requirements, DOT also provides this report to the following 

members of the Executive Branch: 

• The Honorable Charlotte A. Burrows, Chair, U.S. Equal Employment Opportunity 

Commission 

• The Honorable Merrick B. Garland, Attorney General, U.S. Department of Justice 

• The Honorable Kiran Ahuja, Director, U.S. Office of Personnel Management 

2. DOT’s Mission 

DOT’s mission is to deliver the world’s leading transportation system, serving the American 

people and economy through the safe, efficient, sustainable, and equitable movement of 

people and goods. 

In FY 2021, DOT established a DOT-wide Workforce Equity Team, as a part of its efforts to 

implement Executive Order 14035, Diversity, Equity, Inclusion, and Accessibility in the 

Federal Workforce. This team is finalizing the first DOT Diversity, Equity, Inclusion, and 

Accessibility (DEIA) Strategic Plan, which outlines DOT’s strategies, priorities, and actions 

to improve DEIA throughout the Agency. DOT already has established policies and 

programs to lead as a model agency by working to proactively address and prevent 

discrimination, harassment, and retaliation in the workplace. Through the Workforce Equity 

Team, DOT also will implement additional policies and programs to build on that success 

and improve equity and inclusion across the Agency. 

3. Results and Data 

3.1 EEO Complaint Activity in Federal Court and Disposition 

FY 2021 Federal Court Case Volume Increased Slightly 

The total number of Federal court cases in FY 2021 (41) increased from last year (36). Since 

FY 2013, the number of court cases has been in the low-to mid-30s range, with only one year 

where the number of cases decreased. The number of pending cases also increased, from 25 

at the close of FY 2020 to 27 at the close of FY 2021. 

In FY 2021, the most frequently raised bases in Federal court cases were race (201) and sex 

(15). Almost half of the cases involved allegations of retaliation; there were 12 cases 

involving allegations of harassment, 11 cases involving allegations of discrimination in nonselection, and 4 cases involving reasonable accommodation. 

The breakdown of allegations in the 27 cases pending in Federal court is as follows:1 

• 21 cases contain claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 

2000e-16); 

1 More than one type of allegation can be made in a single case. 

4 
 

 

 

• 8 cases contain claims under the Age Discrimination in Employment Act (ADEA) of 

1967 (29 U.S.C. §§ 631, 633 (a)); 

• 8 cases contain claims under the Rehabilitation Act of 1973 (Rehabilitation Act) (29 

U.S.C. § 791); and, 

• 14 cases contain claims of retaliation. 

The breakdown of the Federal court cases that were resolved is as follows: 

• 11 cases concerned Title VII; 

• 3 cases concerned the ADEA; 

• 3 cases concerned the Rehabilitation Act; and, 

• 6 cases involved allegations of retaliation. 

In FY 2021, fourteen cases were closed. Of those, courts granted summary judgment in three 

cases, all of which were in favor of the Department. The Department prevailed at hearing in 

two cases. Three cases ended in settlement, five were dismissed, and one was withdrawn. 

3.2 Reimbursements and Budget Adjustments in FY 2021 

DOT reimbursed the Judgment Fund a total of $43,951,538 for three Federal court cases. 

(See Table 1). This amount was based on three cases settled: one for $150,000, one for 

$1,538, and one for $43,800,000.2 

3.3 Number of Employees Disciplined and Disciplinary Policy 

Although several of DOT’s OAs have tables of penalties, Department-wide disciplinary 

policy is contained in the Secretarial Policy Statements, which make clear the Secretary’s 

commitment to establishing and maintaining a workplace free from discrimination, 

harassment, and/or retaliation. The policy statements advise employees regarding their rights 

and responsibilities and inform all DOT employees that they will be held accountable for any 

actions that are in violation of DOT policies on discrimination, harassment, and retaliation. 

The statements specifically say that employees will be subject to disciplinary action, up to 

and including dismissal, for engaging in discriminatory conduct. In addition, Department 

leadership expects everyone to comply with the requirements of the No FEAR Act, including 

protection of whistleblowers and prevention of retaliation. Harassment will not be tolerated. 

DOT’s Secretarial Policy Statements are issued annually and are distributed to DOT 

employees via email, posted in common areas throughout DOT offices, and posted 

electronically on DOT’s public-facing website. In addition, due to the coronavirus disease 

2019 (COVID-19) pandemic, many OAs have established new policies to distribute the 

statements electronically through their specific intranet sites to allow wide dissemination to 

all employees, including those working remotely. 

2 This was a settlement of a longstanding ADEA lawsuit with FAA involving several hundred plaintiffs. 

5 
 

 

In FY 2021, in enforcing the above policies, DOT disciplined a total of nine employees, all 

based on harassment. One employee was removed, five employees were suspended, and 

three employees received a reprimand. 

3.4 Summary Federal Court Case Data 

Table 1: Summary of Federal Court Cases 

DOT FY 2021 No FEAR Act Annual Report required by Section 203 of the No FEAR 

Act and 5 C.F.R. Part 724) 

Total number of pending or resolved Federal court cases, 

arising under each of the respective provisions of law 

covered by 724.302 (a) (1) 

A. Cases Pending 27 

B. Cases Resolved 14 

The status or disposition of resolved cases 

Dismissed 5 

Settled 3 

Summary Judgment for the Agency 3 

Agency Prevailed at Hearing 2 

Withdrawn 1 

Award 0 

Total Resolved Cases 14 

Funds required to be reimbursed by DOT under Section 201 in connection with each 

case 

Title VII, Rehabilitation Act, ADEA $150,000 

Title VII $1,538 

ADEA $43,800,000 

Total Reimbursement $43,951,538 

Number of employees disciplined for discrimination, 

retaliation, harassment, or any other provision of the law 

referred: 

9 

The number of employees disciplined because of violating 

Departmental policy: 9 

Disciplinary Actions Taken: Three employees 

received reprimands, 

five employees 

received suspensions, 

and one employee was 

removed. 

6 
 

 

3.5 Analysis of Complaints 

From FY 2020 to FY 2021, DOT experienced a 35% decrease in EEO complaints and a 

nearly 36% decrease in the number of complainants. During FY 2021, 170 complainants 

filed a total of 177 EEO complaints with DOT. The ratio of complainants (170) to the total 

DOT permanent workforce (53,188) is 0.31 percent, which is lower than the most recently 

published government-wide average of 0.48 percent (per the Equal Employment Opportunity 

Commission (EEOC) Annual Report on the Federal Work Force Fiscal Year 2019, Table B1, https://www.eeoc.gov/federal/reports). 

3.5.1. Trends and Analysis 

FY 2020-2021 EEO Complaint Numbers Decreased; the Percentage of Complaints 

Based on Race Increased. 

In FY 2021, DOT experienced a significant decrease in EEO complaints; DOT received two 

thirds of complaints that it received in the previous year. Many Federal agencies have 

reported a similar trend during this period. 

In FY 2021, the most frequently raised basis was reprisal; it continues to be the most 

frequently raised basis for EEO complaints over the last five fiscal years. Reprisal was 

followed by race, sex, and disability allegations. Due to the decrease in EEO complaints, the 

number of complaints on every basis decreased. However, there were changes in the rates at 

which bases were raised. In FY 2020, race was raised in nearly 36% of complaints while in 

FY 2021, race was raised in 42% of complaints. Complaints based on sex remained 

consistent from FY 2020 (38%) to FY 2021 (37%). In contrast, over that same period, 

complaints based on color decreased significantly (by 46 percent). Age was raised in nearly 

36% of complaints in FY 2020, and only 31% of complaints in FY 2021. Similarly, 

disability was raised in 39% of complaints in FY 2020, and only 33% of complaints in FY 

2021. 

Also, harassment continues to be the most frequently raised issue in FY 2021 complaints, 

which follows the trend over last five years. Harassment (non-sexual) was alleged in over 

65% of EEO complaints. However, the number of harassment claims increased from FY 

2020, where harassment was raised in 60% of EEO complaints. After harassment, the next 

most frequently raised issue was promotion/non-selection, which was raised in 22% of 

complaints. Reasonable accommodation was raised as an issue in 11% of complaints. 

3.6 Findings of Discrimination 

In FY 2021, one Final Agency Decision was issued concluding that the agency discriminated 

on the basis of race, sex, and reprisal. The employment issues concerned performance 

management, training, and harassment (non-sexual). Based on that Final Agency Decision, 

DOT took a number of corrective actions, including management training, disciplinary 

action, and additional EEO policy postings. 

7 
 

 

 

 

 

That single finding of discrimination in FY 2021 represents a decrease from previous years; 

DOT had four findings in FY 2020, and five findings in both FY 2019 and FY 2018. In FY 

2020, the bases for discrimination in the findings were age, race, national origin, color, sex, 

disability, and reprisal. EEOC issued a finding of discrimination involving the denial of a 

reasonable accommodation. Three Final Agency Decisions were made on complaints 

containing allegations of harassment (non-sexual), two were also based on reassignment, and 

one was based on sexual harassment. 

In FY 2019, the bases for discrimination in the findings were age, race, color, sex, disability, 

genetic information, and reprisal. The findings were issued for discrimination in nonselection, harassment (non-sexual), and disclosure of medical information. 

In FY 2018, the bases for discrimination in the findings were retaliation, sex, age, national 

origin, and race. The findings of discrimination were issued for disciplinary action, 

demotion, non-selection, training, terms and conditions of employment, and sexual 

harassment. 

4. Accomplishments, Training, and Awareness 

Anti-Discrimination and EEO Policies 

During FY 2021, DOT Secretary Buttigieg issued Civil Rights Policy statements on topics 

including equal employment opportunity, No FEAR Act rights and responsibilities, 

harassment, and the employment and advancement of people with disabilities. DOT posted 

those statements at its headquarters office as well as on its public website. DOT also 

enhanced its No FEAR training, described below, to include these Secretarial statements. 

Several DOT Operating Administrations also shared the statements through additional 

internal communications. 

In FY 2021, DOT issued a new Departmental Reasonable Accommodation Order. Among 

the changes, supervisors and managers are no longer permitted to request employee medical 

documentation for reasonable accommodation; the Order requires each Operating 

Administration (OA) to designate a disability advisor who is responsible for requesting, 

receiving, and reviewing employee medical documentation, to function as an additional 

safeguard against unintentional disclosure of employees’ medical information. Throughout 

the year, every OA began developing new reasonable accommodation procedures to 

effectively implement this Order. 

As described above, the majority of complaints filed at DOT and in the Federal government 

are harassment allegations. To address this, DOCR and DOHRM have strengthened DOT’s 

anti-harassment program. The offices also partner to oversee OA anti-harassment programs. 

DOCR and DOHRM conducted an annual review of the OA programs, which included a 

review of harassment complaint data and trends. The OA programs ensured that all 

employees and supervisors/managers received training on the anti-harassment program. 

Some OAs also provided additional workshops and skills-based trainings to support a safe 

and inclusive workplace. 

8 
 

In support of Executive Order 13988, Preventing and Combating Discrimination on the Basis 

of Gender Identity or Sexual Orientation, the U.S. Merchant Marine Academy (USMMA) is 

drafting a transgender policy. This document will establish guidance with recommendations, 

points of contact, and best practices to address the unique challenges that a transgender 

Midshipman may face. 

Advancing Diversity, Equity, Inclusion, and Accessibility 

In FY 2021, as a part of the Department’s implementation of Executive Order 13985, 

Advancing Racial Equity and Support for Underserved Communities Through the Federal 

Government, and Executive Order 14035, Diversity, Equity, Inclusion, and Accessibility in 

the Federal Workforce, DOCR partnered with DOHRM to establish a Workforce Equity 

Team dedicated to improving diversity, equity, inclusion, and accessibility (DEIA) in the 

DOT workplace. This team reviewed Departmental policies, programs, and practices to 

identify best practices and barriers to DEIA. As a part of this work, the team conducted a 

preliminary DEIA Assessment of DOT, which is being used to support the development of 

DOT’s DEIA Strategic Plan in FY 2022. 

DOCR also continued to partner with DOHRM to host the Department’s Special Emphasis 

Program Manager (SEPM)/Employee Resource Group (ERG) community of practice. The 

group met quarterly in FY 2021 to discuss strategies to advance diversity and inclusion 

across the Department, and to share OA best practices and activities. 

FAA’s Office of Civil Rights collaborated with the FAA Office of Human Resource 

Management to develop the first FAA DEIA Strategic Plan, which focused on four areas: 

Leadership, Culture, Workforce, and Data Collection. FAA has established an 

implementation team and is continuing to develop FAA-wide activities. During the summer 

of 2021, the FAA Administrator and Deputy Administrator held three nationwide diversity 

listening sessions to hear directly from the FAA workforce on DEIA issues. In July 2021, 

FAA also sponsored its first annual Diversity, Equity, and Inclusion Symposium. During the 

symposium, FAA leadership expressed their strong commitment to DEIA and attendees 

participated in dynamic and interactive virtual booths and attended a variety of sessions. 

In April 2021, the FTA Administrator hosted a moment of reflection listening session for 

FTA employees related to discrimination, diversity, inclusion, and civility. Faculty at 

MARAD’s USMMA formed a Culture Group, which meets regularly to identify strategies to 

create an inclusive work and educational environment. 

Throughout FY 2021, DOT and the OAs led and participated in many special observance 

month events, commemorating National Disability Employment Awareness Month, African 

American History Month, Women’s History Month, Asian/Pacific American Heritage 

Month, and Hispanic Heritage Month. This included both Department-level events and OAlevel events, including hosting outside speakers. NHTSA established a Cultural Heritage 

Employee Working Group that provides an opportunity for employees to volunteer in the 

planning and participation of Special Emphasis Programs. 

9 
 

 

 

 

Anti-discrimination, Anti-harassment, EEO, and DEIA Trainings 

DOT and its OAs hosted many trainings throughout FY 2021 to support a safe, inclusive 

workplace culture. Many of these trainings focused specifically on EEO and 

nondiscrimination topics, including reasonable accommodation, while others focused on 

communication skills to create a more productive and civil work environment. For example, 

DOT’s New Employee Orientation includes a section on EEO rights and responsibilities, as 

well as the points of contact for the EEO and Anti-Harassment Programs in each OA. In 

addition, as mentioned above, all OAs hosted regular trainings on their anti-harassment 

programs and on creating a safe workplace culture. 

FAA hosted a number of trainings throughout FY 2021, including: 

• Civility Matters: This training was a part of the FAA Office of Civil Rights Harmony 

and Respect Campaign. This skills-based training for FAA leaders supported the 

development of a positive workplace culture and increased employee engagement. 

• Managing EEO Responsibilities for Managers: This training for managers provided 

information on addressing and navigating EEO responsibilities, identifying 

communication techniques to address employee concerns, and proactively preventing 

workplace conflicts and resolving issues at the lowest level. 

• Americans with Disabilities Act Workshop: This workshop for FAA’s Civil Rights, 

Legal, Medical, and Human Resources offices focused on best practices in processing 

requests for reasonable accommodation. 

FHWA’s Office of Civil Rights hosted a Virtual EEO Awareness Symposium in FY 2021, 

which included various sessions, such as: 

• Which Lane Are You In?: This session provided guidance on processes for 

Management, EEO, Employee Relations, Anti-Harassment, Grievance, Departmental 

Alternative Dispute Resolution (ADR), and Reasonable Accommodations. 

• Successful Practices in Accessibility Workshop: This session focused on the 

importance of accessibility, agency accessibility regulatory and policy requirements 

as well as tools and resources to consider to ensure accessibility for all. 

• Special Emphasis: Employee Resource Group Panel: This session highlighted DOT’s 

Employee Resource Groups, including Hispanics in Transportation (HIT), Federally 

Employed Women (FEW), DOT Gay, Lesbian, Bisexual and Transgender Employees 

and Allies Advocacy Group (DOT PRIDE), DOT Asian Pacific American Employees 

Council, and African American Leaders in Transportation (AALT) (FHWA 

Employees only) ERGs. 

FHWA also hosted trainings during FY 2021, including: 

• Employee Relations Bootcamps: FHWA’s Office of Human Resources hosted 

Employee Relations Bootcamps for managers, supervisors, and team leaders on topics 

including EEO rights and responsibilities, the anti-harassment program, and 

reasonable accommodation processing. 

10 
 

 

 

 

 

 

 

 

 

• EEO and Reasonable Accommodation Training: These sessions covered workplace 

conflict, reasonable accommodation requests, and information about the EEO 

process. 

• Leading for Respect and Respectful Workplace: FHWA’s Anti-Harassment 

Coordinator hosted these trainings on the prevention of harassment and the creation 

of a safe workplace culture. 

MARAD established a brown-bag series for supervisors and managers on EEO basics, antiharassment, and conflict resolution. MARAD also led a mandatary training on EEO and 

anti-harassment for managers and supervisors at the U.S. Merchant Marine Academy. 

NHTSA hosted a required training on implicit bias, which included skills to challenge biases 

in decision-making. 

EEO Complaint Processing 

DOCR has allocated resources to improve its EEO complaint processing. FAA’s Office of 

Civil Rights detailed additional resources to DOCR to assist with acceptance letters and legal 

sufficiency reviews of reports of investigations. This partnership has built OA capacity in 

understanding the formal EEO complaint process. 

FAA’s Office of Civil Rights implemented a number of initiatives to streamline the informal 

EEO complaint process. They completed all EEO counseling in a timely manner and all 

counselor reports within 15 days of request by DOCR. They also worked to improve 

accuracy in the completion of the National Intake Process for new EEO cases, which allows 

issues to be resolved more quickly and more efficiently. 

5. No FEAR Act Training 

Section 202 of the No FEAR Act requires Federal agencies to provide training for their 

employees on the rights and remedies under Federal antidiscrimination, retaliation, and 

whistleblower protection laws. Title 5 of C.F.R § 724.203 requires agencies to develop a 

written training plan and train their employees by December 17, 2006, and every two years 

thereafter. Under these regulations, new employees are to receive No FEAR Act training 

within 90 days of appointment. 

DOT requires the inclusion of electronic No FEAR Act training in each employee’s eLearning development plan. Including this training in the development plan with set 

deadlines helps ensure that new employees complete the training within 90 days of 

appointment and that employees continue to take their No FEAR Act training within the 

required two-year cycle. 

In FY 2021, 67.8 percent of the 2,565 new DOT employees completed No FEAR Act 

training within 90 days of appointment. This is a decrease from the FY 2020 completion rate 

of 74.4 percent. During FY 2021, there was a technical problem with DOT’s training 

platform, DOT Learns, and the No FEAR training inadvertently was removed from many 

new employees’ training plans; once the problem was resolved, the training was assigned to 

employees’ learning plans and all employees were expected to complete the training. DOT 

11 
 

 

 

 

 

 

 

relaunched a new, up-to-date training that includes information on DOT’s new antiharassment program at the end of FY 2021. 

Some OAs implement additional measures to help ensure No FEAR Act training 

requirements are met. For example, NHTSA’s Office of Civil Rights conducts regular 

check-ins with staff to ensure that No FEAR Act training is completed. Completion rates and 

updates are provided to NHTSA leadership and management teams during meetings 

throughout the year to emphasize the importance of the training and to ensure all employees 

meet the training requirement. FTA required the inclusion of the No FEAR Act training in 

each employee’s DOT Learns development plan and encouraged new employees to complete 

the training within 30 days of appointment. 

6. Actions Planned, Taken, and Practical Knowledge Gained to Improve the Program

6.1 Pursuant to Section 203(a)(7)(D), DOT Plans to Implement These Actions: 

• Continue to conduct analyses on recruitment, onboard, and/or outreach efforts, and

identify the root causes of low participation of diverse groups in certain areas of the

workforce.

• Strive to achieve a biennial goal of educating all employees of their rights and protections

under antidiscrimination, retaliation, and whistleblower protection laws.

• Ensure that new employees receive No FEAR Act training within 90 days of their

appointment through DOT Learns. Further, through the employee orientation program,

continue providing new hires information regarding their rights and protections under

anti-discrimination, retaliation, and whistleblower protection laws.

• Continue to innovate on adult-learning that expands the interdependency of leadership

success with equity and access.

• Provide oversight to ensure that all OAs are implementing effective anti-harassment

programs.

• Ensure complainants and respondents are apprised of the opportunity for mediation and

ADR throughout the informal and formal complaint process. This promotes early

resolution of complaints and saves resources and staff time.

• Improve partnerships and collaboration across the Department to strategically address

some of the frequent bases of EEO complaints.

• Partner with HR offices across the Department to ensure that recruitment, professional

development, and accountability measures all incorporate the principles of equity and

inclusion.

• Ensure that the anti-harassment program is utilized effectively to address workplace

issues before they rise to the level of unlawful discrimination or harassment.

• Collaborate with veterans’ programs to increase hiring of veterans, including those with

targeted disabilities.

6.2 Practical Knowledge Gained 

• DOT’s Office of the Secretary and the OAs play a vital role in meeting the reporting

requirements of the No FEAR Act. As a result, to the extent resources allow, DOT will

12 
continue to work on the development of information systems that facilitate and automate 

the process of gathering and analyzing data so that it is accessible to everyone. 

• The trend analyses inherent in No FEAR Act reporting is shared with all DOT offices to 

spur relevant action planning to address a range of issues, including potential barriers to 

employment and advancement of individuals from diverse backgrounds. 

13 
Appendix A – Summary Data 

Table 2: Total Complaints Filed and Complainants Filing, FY 2016 to FY 2021 

2016 2017 2018 2019 2020 2021 

Number of Complaints Filed 294 266 271 250 273 177 

Number of Complainants 284 259 262 245 265 170 

Repeat Filers 10 7 9 6 6 7 

Table 3: Complaints by Basis, FY 2016 to FY 2021 

Basis 2016 2017 2018 2019 2020 2021 

Reprisal 161 158 161 138 153 113 

Race 102 100 107 100 98 75 

Sex 120 115 138 106 105 65 

Disability 109 95 86 102 108 58 

Age 109 96 102 86 98 55 

Table 4: Top Complaints Filed by Issue, FY 2016 to FY 2021 

Issue 2016 2017 2018 2019 2020 2021 

Harassment (Non-Sexual) 146 134 173 150 164 116 

Promotion/Non-Selection 71 61 79 70 84 39 

Disciplinary Action 20 34 63 49 29 39 

Assignment of Duties 14 29 47 52 52 33 

Reasonable Accommodation 31 32 33 37 41 20 

Evaluation/Appraisal 19 39 45 33 46 19 

Terms and Conditions of 

Employment 

6 31 37 32 34 19 

Time and Attendance 4 16 34 27 23 17 

Training 15 22 34 30 22 16 

14 
Table 5: Findings of Discrimination by Basis, FY 2016 to FY 2021 

Basis 2016 2017 2018 2019 2020 2021 

Age 0 0 1 2 1 0 

Color 0 0 0 2 1 0 

Disability 3 2 0 3 1 0 

Equal Pay 0 0 0 0 0 0 

National 

Origin 

0 0 1 0 1 0 

Race 1 0 1 2 1 0 

Religion 0 0 0 0 0 0 

Reprisal 3 2 4 3 2 1 

Sex 3 0 1 1 2 0 

Table 6: Findings of Discrimination by Issue, FY 2016 to FY 2021 

Issue 2016 2017 2018 2019 2020 2021 

Assignment of Duties 0 0 1 0 1 0 

Harassment 2 0 1 3 4 0 

Medical Examination 1 0 0 0 0 0 

Promotion/Non-Selection 0 1 2 2 1 0 

Reasonable Accommodation 1 1 0 0 1 0 

Terms/Conditions of Employment 0 2 0 0 0 0 

Training 2 0 1 0 0 1 

Disclosure of Medical Information 0 1 0 2 0 0 

Performance Evaluation 0 0 0 0 0 1 

15 
Table 7: Federal Court Cases with Alleged Violation of Law, FY 2016 to FY 2021 

2016 2017 2018 2019 2020 2021 

Total Court Cases 25 35 33 32 36 41 

Alleged Title VII Violation 19 30 26 25 29 32 

Alleged Age Discrimination in Employment Act Violation 5 4 7 9 6 11 

Alleged Rehabilitation Act Violation 2 10 13 7 7 11 

Alleged Whistleblower Protection Act Violation 1 0 0 0 0 0 

Alleged Equal Pay Act Violation 0 0 0 0 0 0 

Alleged Retaliation 14 17 13 9 16 20 

Table 8: Formal Complaint Processing Time in Days, FY 2016 to FY 2021 

2016 2017 2018 2019 2020 2021 

Investigation Stage 141 166 185 218 298 300 

Final Action Stage 62 85 57 67 64 161 

Table 9: Annual Total Reimbursements for No FEAR Act cases by Amount, FY 2016 to FY 2021 

2016 2017 2018 2019 2020 2021 

Total Reimbursements $307,000 $568,113 $458,000 $29,500 $282,000 $43,951,538 

Table 10: Pre-Complaint Processing Timelines, FY 2016 to FY 2021 

Rate of Individuals Counseled 2016 2017 2018 2019 2020 2021 

within Mandatory Timeframe 98.10% 98.48% 95.65% 98.13% 98.15% 96.5% 

Table 11: Reimbursements for No FEAR Act cases by Number of Cases, FY 2016 to FY 

2021 

2016 2017 2018 2019 2020 2021 Cases Resulting in Reimbursements 3 5 2 2 3 3 

16 
 

Appendix B – EEO Data Posted Pursuant to the No FEAR Act 

Total Complaints 

Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Number of Complaints Filed 294 266 271 250 273 177 

Number of Complainants 284 259 262 245 265 170 

Repeat Filers 10 7 9 6 6 7 

Complaints by Basis 

Note: Complaints can be 

filed alleging multiple bases 

of discrimination. The sum 

of the bases may not equal 

total complaints filed. 

Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Race 102 100 107 100 98 75 

Color 42 46 47 56 30 30 

Religion 14 20 15 14 13 10 

Reprisal 161 152 161 138 153 113 

Sex (including complaints 

filed under Equal Pay Act 

[EPA]) 

120 115 138 106 105 65 

National Origin 29 40 31 31 47 20 

Age 109 96 102 86 98 55 

Disability 109 95 86 102 108 58 

Non-EEO basis 10 8 15 12 16 9 

Genetics 3 3 4 0 3 2 

Pregnancy Discrimination 

Act (PDA) 1 0 5 4 1 3 

17 
 

Complaints by Issue 

Note: Complaints can be 

filed alleging multiple issues. 

The sum of the bases may not 

equal total complaints filed. 

Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Appointment/Hire 13 13 10 9 9 5 

Assignment of Duties 14 29 47 52 52 33 

Awards 5 6 9 6 10 0 

Conversion to Full Time 0 0 1 0 1 0 

Disciplinary 

Action 

Demotion 1 2 3 3 2 3 

Reprimand 3 7 17 18 14 9 

Removal 3 5 6 10 5 3 

Suspension 11 12 20 17 8 14 

Other 4 6 15 1 0 10 

Duty Hours 5 8 10 11 3 9 

Evaluation/Appraisal 19 39 45 33 46 19 

Examination/Test 1 2 4 1 0 0 

Harassment Non-Sexual 146 151 173 150 164 116 

Sexual 10 16 16 13 16 9 

Medical Examination 2 4 4 1 0 8 

Pay (including overtime) 13 14 26 18 33 12 

Promotion/Non-Selection 71 63 79 70 84 39 

Reassignment Denied 4 5 13 11 11 6 

Directed 8 11 17 9 11 7 

Reasonable Accommodation 31 32 33 37 41 20 

Reinstatement 0 2 0 0 0 1 

Retirement 11 5 5 6 11 2 

Termination 26 25 27 24 32 15 

Terms/Conditions of 

Employment 6 31 37 32 34 19 

Time and Attendance 4 16 34 27 23 17 

Training 15 22 34 30 22 16 

18 
 

 

 

 

Processing Time Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Complaints pending (for any length of time) during fiscal year 

Average number of days in 

investigation stage 140.86 166.08 185.1 218.9 298.35 299.96 

Average number of days in final 

action stage 62.45 85.05 56.83 67.37 64.07 161.40 

Complaints pending (for any length of time) during fiscal year where hearing was requested 

during fiscal year 

Average number of days in 

investigation stage 141.64 158.81 191.18 257.42 305.94 293.37 

Average number of days in final 

action stage 47.95 72.03 51.8 69.86 47.44 124.48 

Complaints pending (for any length of time) during fiscal year where hearing was not 

requested 

Average number of days in 

investigation stage 139.27 177.62 167.41 211.29 303.39 306.04 

Average number of days in final 

action stage 79.38 98.07 64.69 62.11 82.27 247.56 

Complaints Dismissed by Agency Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Total Complaints Dismissed by Agency 75 23 36 43 22 17 

Average days pending prior to dismissal 15 35 71 76 49 51 

Total Complaints Withdrawn by 

Complainants 16 15 12 13 20 9 

Total Final Actions Finding 

Discrimination 

Comparative Data 

Previous Fiscal Year Data 

2016 

# % 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021

# % 

Total Number Findings 4 4 5 5 4 1 

Without Hearing 0 0 0 0 1 20 0 0 3 75 1 100 

With Hearing 4 100 4 100 4 80 5 100 1 25 0 0 

19 
 

Findings of 

Discrimination Rendered 

by Basis 

Note: Complaints can be 

filed alleging multiple 

bases of discrimination. 

The sum of the bases may 

not equal total complaints 

and findings. 

Comparative Data 

Previous Fiscal Year Data 

2016 

# % 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021

# % 

Total Number Findings 4 4 5 5 4 1 

Race 1 25.0 0 0 1 20 2 40 1 25 1 100 

Color 0 0.0 0 0 0 0 2 40 1 25 0 0 

Religion 0 0.0 0 0 0 0 0 0 0 0 0 0 

Reprisal 3 75.0 1 25.0 3 60 3 60 2 50 1 100 

Sex (including complaints 

filed under EPA) 3 75.0 0 0 2 40 1 20 2 50 1 100 

National Origin 0 0.0 0 0 1 20 0 0 1 25 0 0 

Age 0 0.0 0 0 1 20 2 40 1 25 0 0 

Disability 3 75.0 3 75.0 0 0 3 60 1 25 0 0 

Non-EEO basis 0 0.0 0 0 0 0 0 0 0 0 0 0 

Genetics 0 0.0 0 0 0 0 1 20 0 0 0 0 

PDA 0 0.0 0 0 0 0 0 0 0 0 0 0 

Findings After Hearing 4 4 4 5 1 0 

Race 1 25.0 0 0 0 0 2 40 1 100 0 0 

Color 0 0.0 0 0 0 0 2 40 1 100 0 0 

Religion 0 0.0 0 0 0 0 0 0 0 0 0 0 

Reprisal 3 75.0 1 25.0 3 75 3 60 1 100 0 0 

Sex (including complaints 

filed under EPA) 3 75.0 0 0 2 50 1 20 1 100 0 0 

National Origin 0 0.0 0 0 1 25 0 0 0 0 0 0 

Age 0 0.0 0 0 1 25 2 40 0 0 0 0 

Disability 3 75.0 3 75.0 0 0 3 60 1 100 0 0 

Non-EEO basis 0 0.0 0 0 0 0 0 0 0 0 0 0 

Genetics 0 0.0 0 0 0 0 1 20 0 0 0 0 

PDA 0 0.0 0 0 0 0 0 0 0 0 0 0 

Findings Without 

Hearing 0 0 1 0 3 1 

Race 0 0 0 0 1 100 0 0 0 0 1 100 

Color 0 0 0 0 0 0 0 0 0 0 0 0 

Religion 0 0 0 0 0 0 0 0 0 0 0 0 

Reprisal 0 0 0 0 0 0 0 0 1 33.3 1 100 

20 
Sex (including complaints 

filed under EPA) 0 0 0 0 0 0 0 0 1 33.3 1 100 

National Origin 0 0 0 0 0 0 0 0 1 33.3 0 0 

Age 0 0 0 0 0 0 0 0 1 33.3 0 0 

Disability 0 0 0 0 0 0 0 0 0 0 0 0 

Non-EEO basis 0 0 0 0 0 0 0 0 0 0 0 0 

Genetics 0 0 0 0 0 0 0 0 0 0 0 0 

PDA 0 0 0 0 0 0 0 0 0 0 0 0 

Findings of 

Discrimination Rendered 

by Issue 

(Part 1) 

Comparative Data 

Previous Fiscal Year Data 

2016 

# % 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021

# % 

Total Number of Findings 4 4 5 5 4 1 

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0 

Assignment of Duties 0 0 0 0 1 20 0 0 0 0 0 0 

Awards 0 0 0 0 0 0 0 0 0 0 0 0 

Conversion to Full Time 0 0 0 0 0 0 0 0 0 0 0 0 

Disciplinary 

Action 

Demotion 0 0 0 0 0 0 0 0 0 0 0 0 

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0 

Removal 0 0 0 0 0 0 0 0 0 0 0 0 

Suspension 0 0 0 0 0 0 0 0 0 0 0 0 

Other 1 25 1 25 1 20 0 0 0 0 0 0 

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0 

Evaluation/Appraisal 0 0 0 0 1 20 0 0 0 0 1 100 

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0 

Harassment Non-Sexual 2 50 0 0 0 0 3 60 3 75 1 100 

Sexual 0 0 0 0 1 20 0 0 1 25 0 0 

Medical Examination 1 25 0 0 0 0 0 0 0 0 0 0 

Pay (including overtime) 0 0 0 0 0 0 0 0 0 0 0 0 

Promotion/Non-Selection 0 0 1 25 2 40 2 40 0 0 0 0 

Reassignment Denied 0 0 0 0 0 0 0 0 0 0 0 0 

Directed 0 0 0 0 0 0 0 0 2 50 0 0 

Reasonable 

Accommodation 0 0 1 25 0 0 0 0 1 25 0 0 

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0 

Retirement 0 0 0 0 0 0 0 0 0 0 0 0 

Termination 0 0 0 0 0 0 0 0 0 0 0 0 

Terms/Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0 

Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0 

Training 0 0 0 0 0 0 0 0 0 0 1 100 

21 
Other 0 0 1 25. 

0 0 0 2 40 0 0 0 0 

Findings of 

Discrimination Rendered 

by Issue 

(Part 2) 

Comparative Data 

Previous Fiscal Year Data 

2016 

# % 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021

# % 

Findings After Hearing 4 4 4 5 1 0 

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0 

Assignment of Duties 0 0 0 0 1 25 0 0 0 0 0 0 

Awards 0 0 0 0 0 0 0 0 0 0 0 0 

Conversion to Full Time 0 0 0 0 0 0 0 0 0 0 0 0 

Disciplinary 

Action 

Demotion 0 0 0 0 0 0 0 0 0 0 0 0 

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0 

Removal 0 0 0 0 0 0 0 0 0 0 0 0 

Suspension 0 0 0 0 0 0 0 0 0 0 0 0 

Other 1 25 1 25 1 25 0 0 0 0 0 0 

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0 

Evaluation/Appraisal 0 0 0 0 1 25 0 0 0 0 0 0 

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0 

Harassment Non-Sexual 2 50 0 0 0 0 3 60 0 0 0 0 

Sexual 0 0 0 0 1 25 0 0 0 0 0 0 

Medical Examination 1 25 0 0 0 0 0 0 0 0 0 0 

Pay (including overtime) 0 0 0 0 0 0 0 0 0 0 0 0 

Promotion/Non-Selection 0 0 1 25 1 25 2 40 0 0 0 0 

Reassignment Denied 0 0 0 0 0 0 0 0 0 0 0 0 

Directed 0 0 0 0 0 0 0 0 0 0 0 0 

Reasonable 

Accommodation 0 0 1 25 0 0 0 0 1 100 0 0 

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0 

Retirement 0 0 0 0 0 0 0 0 0 0 0 0 

Termination 0 0 0 0 0 0 0 0 0 0 0 0 

Terms/Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0 

Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0 

Training 0 0 0 0 0 0 0 0 0 0 0 0 

Other 0 0 1 25 0 0 2 40 0 0 0 0 

22 
 

Findings of 

Discrimination Rendered 

by Issue 

(Part 3) 

Comparative Data 

Previous Fiscal Year Data 

2016 

# % 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021

# % 

Findings Without 

Hearing 0 0 1 0 3 1 

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0 

Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0 

Awards 0 0 0 0 0 0 0 0 0 0 0 0 

Conversion to Full Time 0 0 0 0 0 0 0 0 0 0 0 0 

Disciplinary 

Action 

Demotion 0 0 0 0 0 0 0 0 0 0 0 0 

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0 

Removal 0 0 0 0 0 0 0 0 0 0 0 0 

Suspension 0 0 0 0 0 0 0 0 0 0 0 0 

Other 0 0 0 0 0 0 0 0 0 0 0 0 

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0 

Evaluation/Appraisal 0 0 0 0 0 0 0 0 0 0 1 100 

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0 

Harassment 

NonSexual 0 0 0 0 0 0 0 0 3 100 1 100 

Sexual 0 0 0 0 0 0 0 0 1 33. 

3 0 0 

Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0 

Pay (including overtime) 0 0 0 0 0 0 0 0 0 0 0 0 

Promotion/Non-Selection 0 0 0 0 1 100 0 0 0 0 0 0 

Reassignment 

Denied 0 0 0 0 0 0 0 0 0 0 0 0 

Directed 0 0 0 0 0 0 0 0 2 66. 

6 0 0 

Reasonable 

Accommodation 0 0 0 0 0 0 0 0 0 0 0 0 

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0 

Retirement 0 0 0 0 0 0 0 0 0 0 0 0 

Termination 0 0 0 0 0 0 0 0 0 0 0 0 

Terms/Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0 

Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0 

Training 0 0 0 0 0 0 0 0 0 0 1 100 

Other 0 0 0 0 0 0 0 0 0 0 0 0 

23 
Pending Complaints Filed 

in Previous Fiscal Years 

by Status 

Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Total Complaints from 

Previous Fiscal Years 

591 605 621 685 744 901 

Total Complainants 471 491 509 571 617 750 

Number Complaints Pending 

Investigation 91 91 96 105 113 119 

Hearing 333 382 402 447 474 538 

Final Agency Action 31 48 61 66 117 156 

Appeal with EEOC Office 

of Federal Operations 

136 84 62 67 40 49 

Complaint Investigations 

Comparative Data 

Previous Fiscal Year Data 

2016 2017 2018 2019 2020 2021

Pending Completion Where 

Investigation Exceeds 

Required Time Frames 

3 15 44 52 46 62 

24