Fiscal Year 2022 

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 ................................................................................................................................ 3 

2. DOT’s Mission........................................................................................................................... 5 

3. Results and Data ........................................................................................................................ 6 

3.1 EEO Complaint Activity in Federal Court and Disposition ....................................................6 

3.2 Reimbursements and Budget Adjustments in FY 2021...................................................... 6 

3.3 Number of Employees Disciplined and Disciplinary Policy .............................................. 6 

3.4 Summary Federal Court Case Data..................................................................................... 7 

3.4.1 Table 1: Summary of Federal Court Cases..................................................................... 7 

3.5 Analysis of Complaints....................................................................................................... 8 

3.5.1. Trends and Analysis ...................................................................................................... 8 

3.6 Findings of Discrimination ................................................................................................. 9 

4. Accomplishments, Training, and Awareness............................................................................. 9 

5. No FEAR Act Training............................................................................................................ 15 

6. Actions Planned, Taken, and Practical Knowledge Gained to Improve the Program .............. 15 

6.1 Pursuant to Section 203(a)(7)(D), DOT Plans to Implement These Actions: .................. 15 

6.2 Practical Knowledge Gained............................................................................................. 16 

Appendix A – Summary Data....................................................................................................... 17 

Appendix B – EEO Data Posted Pursuant to the No FEAR Act .................................................. 20 
1. Background 

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

Retaliation Act (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/or 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 in 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, causes, 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 (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 2022 in collaboration with the Office of the Inspector General and DOT’s operating 

administrations (OAs). DOT is comprised of nine OAs: the Federal Aviation Administration 

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(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). 

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

following members of the 118th Congress: 

• The Honorable Kamala Harris, President of the Senate 

• The Honorable Kevin McCarthy, Speaker of the House of Representatives 

• The Honorable Patty Murray, President Pro Tempore of the Senate, Chair, Senate 

Committee on Appropriations 

• The Honorable Susan Collins, Vice Chair, Senate Committee on Appropriations 

• The Honorable Kay Granger, Chair, House Committee on Appropriations 

• The Honorable Rosa DeLauro, Ranking Member, House Committee on Appropriations 

• The Honorable Sherrod Brown, Chair, Senate Committee on Banking, Housing, and 

Urban Affairs 

• The Honorable Tim Scott, Ranking Member, Senate Committee on Banking, Housing, 

and Urban Affairs 

• The Honorable Cathy McMorris Rodgers, Chair, House Committee on Energy and 

Commerce 

• The Honorable Frank J. Pallone, Jr., Ranking Member, House Committee on Energy and 

Commerce 

• The Honorable Maria Cantwell, Chair, Senate Committee on Commerce, Science, and 

Transportation 

• The Honorable Ted Cruz, Ranking Member, Senate Committee on Commerce, Science, 

and Transportation 

• The Honorable James Comer, Chair, House Committee on Oversight and Reform 

• The Honorable Jamie Raskin, Ranking Member, House Committee on Oversight and 

Reform 

• The Honorable Tom R. Carper, Chair, Senate Committee on Environment and Public 

Works 

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• The Honorable Shelley Moore Capito, Ranking Member, Senate Committee on 

Environment and Public Works 

• The Honorable Frank Lucas, Chair, House Committee on Science, Space, and 

Technology 

• The Honorable Zoe Lofgren, Ranking Member, House Committee on Science, Space, 

and Technology 

• The Honorable Gary C. Peters, Chair, Senate Committee on Homeland Security and 

Governmental Affairs 

• The Honorable Rand Paul, Ranking Member, Senate Committee on Homeland Security 

and Governmental Affairs 

• The Honorable Sam Graves, Chair, House Committee on Transportation and 

Infrastructure 

• The Honorable Rick Larsen, Ranking Member, House Committee on Transportation and 

Infrastructure 

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 2022, DOT issued its first Diversity, Equity, Inclusion, and Accessibility (DEIA) 

Strategic Plan, which outlines DOT’s strategies, priorities, and actions to improve DEIA 

throughout the Department. DOT has already 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 implementation of its DEIA Strategic Plan, DOT 

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

to focus on creating a positive, productive, inclusive, equitable, and accessible work 

environment. 

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3. Results and Data 

3.1 EEO Complaint Activity in Federal Court and Disposition 

FY 2022 Federal Court Case Volume Held Steady 

The total number of Federal court cases involving EEO complaints in FY 2022 (40) was 

consistent with the total number of Federal court cases FY 2021 (41). The number of pending 

cases decreased slightly, from 27 at the close of FY 2021 to 25 at the close of FY 2022. 

In FY 2022, the most frequently raised bases of discrimination in DOT’s Federal court cases 

were race (20) and sex (17). Almost half of the cases involved allegations of retaliation. 

There were 15 cases involving allegations of harassment, 13 cases involving allegations of 

discrimination in non-selection, and 4 cases involving reasonable accommodation. 

The breakdown of allegations in the 25 cases pending in Federal court at the close of FY 

2022 is as follows:1 

• 21 cases contain claims under Title VII of the Civil Rights Act of 1964 (Title VII) (42 

U.S.C. § 2000e-16); 

• 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 

• 11 cases contain claims of retaliation. 

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

• 12 cases involved Title VII; 

• 4 cases involved the ADEA; 

• 4 cases involved claims under the Rehabilitation Act; and 

• 8 cases involved allegations of retaliation. 

DOT closed 15 cases during FY 2022. In 7 of those, courts granted summary judgment for 

DOT. Of the remaining cases, 4 ended in settlement and 4 were dismissed. 

3.2 Reimbursements and Budget Adjustments in FY 2022 

DOT reimbursed the Judgment Fund a total of $113,900 for 3 Federal court cases (comprised 

of: $9,900, $20,000, and $84,000). (See Table 1) 

3.3 Number of Employees Disciplined and Disciplinary Policy 

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

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

policy is contained in the Secretarial Civil Rights Policy Statements, which assert the 

Secretary’s commitment to establishing and maintaining a workplace free from 

discrimination, harassment, and retaliation. The policy statements advise DOT employees of 

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 all employees to comply with the requirements of 

the No FEAR Act, in order to promote the protection of whistleblowers and prevent 

retaliation. 

The Secretary of Transportation issues the Secretarial Civil Rights Policy Statements 

annually. They 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, many OAs have established new policies to distribute the statements electronically 

through their intranet sites to allow widespread dissemination to all employees, including 

remote workers. 

During FY 2022, two DOT employees received reprimands. 

3.4 Summary Federal Court Case Data

Table 1: Summary of Federal Court Cases 

DOT FY 2022 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 5 C.F.R. §724.302 (a)(1) 

A. Cases Pending 25 

B. Cases Resolved 15 

The status or disposition of resolved cases 

Dismissed 4 

Settled 4 

Summary Judgment for the Agency 7 

Agency Prevailed at Hearing 0 

Withdrawn 0 

Award 0 

Total Resolved Cases 15 

Funds required to be reimbursed by DOT under Section 201 of the No FEAR Act in 

connection with each case 

Title VII and ADEA $9,900 

ADEA $20,000 

Rehabilitation Act $84,000 

Total Reimbursement $113,900 

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Number of employees disciplined for discrimination, 

retaliation, harassment, or any other provision of the law 

referenced 

2 

The number of employees disciplined for violating 

Departmental policy 2 

Disciplinary Actions Taken Two employees 

received reprimands. 

3.5 Analysis of Complaints 

After a significant decrease in complaints in FY 2021 (35% decrease, 177 total complaints), 

DOT experienced a 33% increase in the number of complaints in FY 2022, which coincided 

with an increase in on-site work and was consistent with the number of complaints prepandemic. During FY 2022, 231 complainants filed a total of 236 complaints with DOT. The 

ratio of complainants (231) to the total DOT permanent workforce (52,998) is 0.45 percent, 

which is lower than the most recently published government-wide average of 0.49 percent.2 

 

3.5.1 Trends and Analysis 

FY 2022 EEO Complaint Numbers Increased; the Percentage of Complaints Based on 

Race Decreased. 

In FY 2022, DOT experienced a significant increase in EEO complaints. DOT received 33% 

more complaints in FY 2022 than it received in the previous year when remote work rates 

increased because of the pandemic. The most frequently raised basis was reprisal, which 

continues a long-standing trend in DOT complaints and is consistent with government-wide 

complaint data.3 Reprisal was followed in frequency by race, disability, and sex (including 

sexual orientation and gender identity). 

During FY 2022, reprisal was raised in more than half of all complaints (55%). Race was 

raised in 34.7% of complaints and disability was raised in 34.3% of complaints. Sex was 

raised in 32.6% of complaints. This is a shift from FY 2021, when allegations of race and sex 

were more prevalent (42% and 37% respectively). Disability saw a slight rate increase from 

FY 2021, when it was raised in 33% of complaints. 

Harassment continued to be the most frequently raised issue in complaints during FY 2022, 

which follows a ten-plus year trend at DOT. Harassment (non-sexual) was raised in 65.7% of 

complaints, which is consistent with its occurrence in FY 2021 (65% of complaints). After 

harassment, the next most frequently raised issue was promotion/non-selection, which was 

2 See Equal Employment Opportunity Commission (EEOC) Annual Report on the Federal Work Force 

Fiscal Year 2020, https://www.eeoc.gov/federal-sector/reports. 3 See Equal Employment Opportunity Commission (EEOC) Annual Report on the Federal Work Force 

Fiscal Year 2019, Table B-1, https://www.eeoc.gov/federal/reports. 

8 
raised in 26.3% of complaints. This is a slight increase from FY 2021, when promotion/nonselection was raised in 22% of complaints. Reasonable accommodation was raised in 6.4% of 

complaints in FY 2022, a decrease from previous years. It was raised in 11% of complaints in 

FY 2021 and 15% of complaints in FY 2020. 

3.6 Findings of Discrimination 

In FY 2022, DOT had 4 findings of discrimination. The bases for discrimination were race (2 

findings), reprisal (2 findings), religion (1 finding), and national origin (1 finding). The 

issues identified were harassment (non-sexual) (2 findings), promotion/non-selection (1 

finding), assignment of duties (1 finding), and religious accommodation (1 finding). The 

finding based on failure to provide a religious accommodation was the agency’s first 

religious accommodation finding. 

The overall number of findings during FY 2022 is consistent with DOT’s findings in FY 

2018 through FY 2020. DOT had 4 findings in FY 2020 and 5 findings each in FY 2019 and 

FY 2018. In FY 2021, DOT had only one Final Agency Decision finding. The bases of that 

finding were race, sex, and reprisal, and the issues cited were performance management, 

training, and harassment (non-sexual). 

4. Accomplishments, Training, and Awareness 

Anti-Discrimination and EEO Policies 

During FY 2022, Secretary Buttigieg issued Civil Rights Policy Statements on equal 

employment opportunity, No FEAR Act rights and responsibilities, harassment, and the 

employment and advancement of people with disabilities. DOT posted those statements in its 

headquarters office as well as on its public website. DOT also enhanced its No FEAR 

training to cover these Secretarial statements. 

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

are harassment allegations. DOT issued a Departmental anti-harassment policy in FY 2019, 

which required each OA to establish its own anti-harassment program and identify an antiharassment coordinator to implement the program. DOCR and DOHRM partner closely to 

oversee OA anti-harassment programs. This includes an annual review of OA antiharassment programs, which consists of an analysis of harassment complaint data and trends. 

DOCR and DOHRM also have established a community of practice for OA anti-harassment 

coordinators to provide guidance, share best practices, and work collaboratively to address 

challenges. Per DOT’s policy, all employees and supervisors/managers receive annual 

training on the anti-harassment program. In addition, some OAs provide workshops and 

skills-based trainings to support a safe and inclusive workplace. 

In FY 2022, DOCR and FMCSA established regular and recurring status update meetings to 

discuss internal and external complaint processing and other model EEO program goals and 

objectives. 

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In FY 2022, the FAA O ffice of Civil Rights launched an FAA Civil Rights App. This app 

keeps users/customers up-to-date and well-informed of current FAA civil rights events and 

provides easy to access information, resources, and news about the FAA's EEO Program and 

National External Program. The app helps users better understand civil rights laws, policies, 

and regulations relating to the EEO complaint process, reasonable accommodation, the 

Americans with Disabilities Act (ADA), the Disadvantaged Business Enterprise (DBE) and 

Airport Concessions Disadvantaged Business Enterprise (ACDBE) Programs, Title VI of the 

Civil Rights Act of 1964, and other Federal government civil rights requirements. 

Additionally, the app provides instructions on how to file an EEO complaint and includes 

important links to contacts, program resources and employment opportunities. 

FAA conducted a climate assessment for the Central Service Area Cleveland Technical 

Operations District. These assessments are instrumental to reducing and eliminating 

discrimination within the FAA by proactively addressing issues before they become EEO 

complaints. 

During FY 2022, FAA continued to participate in quarterly meetings with the Office of 

Aerospace Medicine to explore and discuss emerging medical questions and issues related to 

COVID-19 and reasonable accommodations for employees with disabilities. FAA also 

expanded these meetings to new offices to provide space for continued dialogue about 

opportunities to support employees with disabilities and strengthen the reasonable 

accommodation process. 

FAA’s Office of Civil Rights continued to implement several 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. They also worked to improve accuracy in 

the National Intake Process for new EEO cases, which allows for issues to be resolved more 

quickly and more efficiently, and to support upgrades to the Customer Feedback Database, 

which allows customers to provide feedback 24 hours per day. In FY 2022, FAA 

implemented the Civil Rights Scheduler web-based application to support EEO complaint 

case management. 

As part of FTA’s commitment to fostering a work environment free of harassing conduct, in 

FY 2022 FTA continued to implement its Order 4200.1A, Policy for the Prevention of 

Harassment, to ensure that proper steps are taken to deal with harassing conduct as it arises. 

This policy meets the EEOC’s recommended elements for a model anti-harassment program 

and enhances FTA’s ability to protect its employees from harassing conduct. 

In January 2022, MARAD issued its Administrative Orders on Anti-Harassment and Equal 

Employment Opportunity Policies to all employees. Both orders help foster a work 

environment free of discrimination. MARAD also issued and posted a current listing of 

collateral duty EEO Counselors to ensure that MARAD employees know points of contact to 

discuss allegations of discrimination or harassment. 

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

of Gender Identity or Sexual Orientation, MARAD, through its United States Merchant 

Marine Academy facility (USMMA), drafted a Transgender Policy for Midshipmen Students 

with recommendations, points of contact, and best practices. 

10 
 

PHMSA developed a new all-employee newsletter, EEO Chronicles, which provides articles 

on eliminating discrimination in the workplace and highlights recent EEOC cases. This 

newsletter also provides information on all of the avenues available to assist someone who 

believes they have experienced discrimination. 

Advancing Diversity, Equity, Inclusion, and Accessibility 

In FY 2022, DOT issued its Diversity, Equity, Inclusion, and Accessibility (DEIA) Strategic 

Plan for FY 2022 through FY 2026.4 The DEIA Strategic Plan identifies research, analysis, 

and policy and programmatic initiatives in five key areas: outreach, recruitment, and hiring; 

leadership and professional development; workplace culture; retention; and accountability. 

Although DOCR and DOHRM lead DOT’s Workforce Equity Team and developed the 

DEIA Strategic Plan, DEIA is a whole-DOT initiative and responsibility. The DEIA Strategic 

Plan sets the expectation and commitment that DEIA will be a priority throughout all DOT 

program offices and lines of business. 

During FY 2022, as a part of the DEIA work, DOT kicked off initiatives related to workforce 

data analysis, partnerships with organizations serving formerly incarcerated individuals, 

creation of a DOT college roadshow, updates to DOT’s exit survey, hosting a leadership 

summit for GS-13 through GS-15 and Senior Executive Service employees, and support for 

employee resource groups. In addition, many OAs identified staff, or onboarded new staff, to 

serve as DEIA program managers and lead OA engagement in this important initiative. 

During FY 2022, FAA established an Equity Orders Workgroup to track ongoing DEIA and 

Equity projects within the organization. FAA also established a team to lead the 

implementation of FAA’s first Diversity and Inclusion Strategic Plan. FAA implemented a 

DEIA Scorecard program to provide each FAA line of business or office with current 

workforce demographic data, as well as best practices and recommendations for 

improvement. 

FMCSA established a Recruitment Technical Advisory Group (RTAG) that develops 

corporate recruitment strategies to reach underrepresented employee groups and integrate 

Diversity, Equity, and Inclusion goals. RTAG’s objective is to concentrate on FMCSA’s 

branding by explaining who it is and what it does, and to make FMCSA more visible and 

attractive to applicants. 

FRA’s Administrator engaged in events throughout the year to demonstrate leadership 

commitment to DEIA. In FY 2022, the Administrator engaged with employee groups 

concerning prevention of harassment and discussed DEIA at FRA employee town halls. 

In FY 2022, FTA’s Office of Talent and Organizational Development continued to use trend 

analysis from two questions on the Federal Employee Viewpoint Survey (FEVS) to assess 

4 DOT’s DEIA Strategic Plan is available at: https://www.transportation.gov/careers/dot-deia-strategicplan 

11 
the impact of its annual initiatives to foster and promote a workplace free from harassment 

and discrimination. 

FTA continued to perform analyses on recruitment, onboarding, and outreach efforts and 

worked to understand triggers that cause low participation of diverse groups in certain areas 

of the workforce. The FTA Office of Administration developed a dashboard providing 

demographic analysis of FTA regional offices compared with the public they serve. In 

September 2022, the Associate Administrator for Administration provided each office with 

its respective report to gain a better perspective of the diversity makeup of their offices, along 

with a supplemental guide for hiring managers to view demographic analysis and understand 

how to use this data without engaging in prohibited practices while promoting job 

announcements to representative groups. This effort also provides FTA leadership with a 

better idea of the diversity in offices over time. 

In FY 2022, NHTSA hosted meetings and information sessions with employee resource 

groups (ERGs), to provide opportunities for employee engagement and to encourage 

employees to participate in DOT ERGs. 

PHMSA’s agency-wide Diversity, Equity, and Inclusion Process Improvement Initiative 

(PII) has focused on identifying data sources, such as exit surveys, agency-wide surveys, and 

recruitment initiatives to improve DEIA across the agency. PHMSA has also led 

Department-wide recruitment efforts at minority serving institutions and recently joined the 

Operation Warfighter that matches qualified wounded, ill and injured service members with 

federal internships in order for them to gain valuable work experience during their recovery 

and rehabilitation. 

Throughout FY 2022, DOT and its OAs held a variety of special emphasis program events 

and observances to commemorate and celebrate special emphasis months. FHWA’s Office of 

Civil Rights hosted several monthly observances to provide cultural awareness, enhance the 

workplace environment by promoting diversity, and to celebrate and recognize achievements 

in transportation and public service. 

FRA conducted special emphasis program events throughout the year, that celebrated 

cultures and broadened awareness of DEIA. FRA’s Administrator spoke at every FRA 

special emphasis month event. Information about these programs was distributed via email, 

intranet, and social media platforms. 

In alignment with the Administration’s and the Department’s priorities related to DEIA, FTA 

realigned functions to strengthen its special emphasis program. In FY 2022, FTA continued 

to lead agency-wide agencywide special emphasis observances and sent out all-staff monthly 

sociocultural awareness facts and information. FTA held virtual observances for programs 

such as African American History Month and Women’s History Month and also supported 

DOT-sponsored special emphasis observances. 

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MARAD either led or participated in nine special emphasis program activities helping to 

raise cultural awareness with a goal of encouraging employees to appreciate, value, 

understand, and celebrate similarities and differences. 

In FY 2022, NHTSA’s cultural heritage working group continued to develop special 

emphasis programs, enhance employee engagement, and promote DEIA with strong 

leadership support. NHTSA hosted seven special emphasis program observances, as well as a 

new series entitled, Cultural Illuminations. 

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

DOT and its OAs hosted many trainings throughout FY 2022 to support a safe and inclusive 

workplace culture. Many of these trainings focused 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 and provides the points of 

contact for the EEO and anti-harassment programs in each OA. In addition, all OAs hosted 

regular trainings on their anti-harassment programs and about creating a safe workplace 

culture. 

FAA held its second annual FAA DEIA Symposium in June 2022. The Symposium, titled 

Pivot Point: Putting it into Practice, provided an opportunity for FAA leadership to 

demonstrate DEIA alignment with FAA’s mission. In July 2022, FAA hosted an EEO Best 

Practices Exchange Forum for EEO and DEIA offices across the government and private 

sector to share best practices and experiences in EEO programs, processes, and complaint 

systems. 

FAA also provided two trainings through its Center of Excellence for EEO Learning: 

Harmony and Respect – Civility Matters and Let’s Talk about Reasonable Accommodations. 

Harmony and Respect – Civility Matters provided FAA employees the skills to achieve 

positive business results through a civil work environment. Let’s Talk about Reasonable 

Accommodations provided an overview of DOT’s reasonable accommodation order, and 

FAA’s reasonable accommodation procedures. 

Throughout FY 2022, FHWA delivered multiple trainings on EEO and reasonable 

accommodations, covering topics including workplace conflict, requesting reasonable 

accommodation, and points of contact within FHWA and DOT for EEO and reasonable 

accommodation. 

In May 2022, FHWA hosted its annual Virtual EEO Awareness Symposium, which included 

several sessions covering the EEO process, the anti-harassment program, alternative dispute 

resolution, the reasonable accommodation processes, and prohibited personnel practices. 

FHWA also hosted a Gender Inclusivity Awareness Session for managers, supervisors, and 

team leaders. The workshop provided background on the impact of gender inclusivity, 

particularly for non-binary and transgender employees, and discussed specific steps and skills 

to use to create an inclusive workplace environment. 

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In July and August 2022, FHWA’s Office of Human Resources, in collaboration with their 

Office of the Chief Counsel, delivered two in-person multi-day Employee Relations 

Bootcamps for supervisors, managers, and team leaders. The bootcamps covered topics 

including prohibited personnel practices, EEO rights and responsibilities, the anti-harassment 

program, and reasonable accommodations. 

In October and November 2021, FHWA held Leading for Respect trainings for supervisors 

and managers, focused on the prevention of harassment and creating respectful workplaces. 

FHWA also held Respect in the Workplaces training for all employees, which focused on 

respectful and inclusive workplaces. In January 2022, FHWA held an Anti-Harassment Fact 

Finders Workshop focusing on common issues, lessons learned, best practices, and process 

improvements. In July 2022, FHWA held a training for its Western Federal Lands Highway 

Division covering the Anti-Harassment process, challenging conversations, and bystander 

intervention. 

In an effort to address the issues related to transitioning into a hybrid work environment, 

FRA provided mandatory training and best practices to all supervisors throughout FY 2022. 

Training topics included the EEO Complaint Process, Reasonable Accommodations, and the 

Anti-Harassment Program. All supervisors were informed that their participation in the 

training would be considered in their performance FRA also optimized its special emphasis 

observances by incorporating EEO and DEIA training as part of those events. 

FTA requires all new supervisors to attend a three-day New Supervisor Residency Program, 

which includes information about leadership, as well as whistleblower protection. FTA offers 

this program to supervisors across the Department and included 67 new supervisors in FY 

2022. 

During FY 2022, FTA hosted a Building Trust training for its executive management team 

focused on strategies for building trust in the workplace and creating an environment of 

psychological safety for all employees. 

In FY 2022, GLS provided training to supervisors and managers on the EEO complaint 

process, reasonable accommodation process, and diversity and inclusion. GLS also provided 

annual anti-harassment training to GLS employees. 

MARAD hosted mandatory training for all U.S. Merchant Marine Academy (USMMA) 

managers/supervisors on EEO Principles (Part II), and all MARAD managers and 

supervisors on Harassment in the Workplace. 

MARAD also hosted a training for all USMMA staff (36 attendees) on Harassment and 

Discrimination in the workplace based on national origin and race. The session included 

discussions on the issues facing the Asian American and Native Hawaiian/Pacific Islander 

communities and the need for support and advocacy. 

In FY 2022, NHTSA required all new employees to complete Implicit Bias Awareness 

Training. All managers, supervisors, and team leads were required to complete Implicit Bias 

Mitigation Training. The sessions focused on how implicit bias affects decision making and 

gave employees a better understanding of how their own bias plays a role in thinking and 

14 
 

 

decision making. In addition, tools were provided to the workforce to address these 

behaviors. 

In FY 2022, DOT’s Volpe Center required all employees to attend EEO training and 

reasonable accommodations training. Beyond the required DOT Learns modules, Volpe 

employees participated in sessions that included real-world scenarios, question-and-answer 

sections, and information about relevant regulations, policy, and internal practices. 

The Volpe Center also required all GS-14 and above employees and managers to attend 

conflict management training. The purpose of the training is to create a commonly 

understood approach to conflict management and demonstrate consistent expectations around 

handling workplace conflict, while promoting diversity, equity, and inclusion principles to 

reduce and eliminate discrimination in the workplace. 

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. 5 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 training 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 2022, 75.2 percent of the 3,598 new DOT employees completed No FEAR Act 

training within 90 days of appointment. This is an increase from FY 2021 (67.8 percent 

completion rate). 

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

requirements are met. For example, NHTSA’s Office of Civil Rights regularly reviewed No 

FEAR Training completion reports and sent reminders about No FEAR Act Training to 

employees throughout the year. Completion rates and updates were 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 required 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: 

15 
• Continue to conduct analyses on recruitment, onboarding, and/or outreach efforts, and 

identify the root causes of low participation of diverse groups in DOT’s mission-critical 

occupations. 

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

responsibilities, 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 with information regarding their rights, responsibilities, and 

protections under anti-discrimination, retaliation, and whistleblower protection laws. 

• Continue to innovate on adult learning and professional development that demonstrates 

diversity, equity, and inclusion as key components of successful leadership. 

• Conduct program reviews of OA anti-harassment programs to ensure that they comply 

with Departmental and EEO policy and align with best practices for addressing harassing 

workplace behavior. 

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

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

resolution of complaints and saves resources and staff time. 

• Improve partnerships and collaboration across the Department to address proactively the 

higher frequency bases of EEO complaints. 

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

development, and accountability measures incorporate the principles of equity and 

inclusion. 

• Ensure that DOT and its OAs effectively utilize the anti-harassment program 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 

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

the process of gathering and analyzing data to ensure 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. 

16 
Appendix A – Summary Data 

Table 2: Total Complaints Filed and Complainants Filing, FY 2017 to FY 2022 

2017 2018 2019 2020 2021 2022 

Number of Complaints Filed 266 271 250 273 177 236 

Number of Complainants 259 262 245 265 170 231 

Repeat Filers 7 9 6 6 7 5 

Table 3: Top Complaints by Basis, FY 2017 to FY 2022 

Basis 2017 2018 2019 2020 2021 2022 

Reprisal 158 161 138 153 113 131 

Race 100 107 100 98 75 82 

Disability 95 86 102 108 58 81 

Sex 115 138 106 105 65 77 

Age 96 102 86 98 55 64 

Table 4: Top Complaints Filed by Issue, FY 2017 to FY 2022 

Issue 2017 2018 2019 2020 2021 2022 

Harassment (Non-Sexual) 134 173 150 164 116 155 

Disciplinary Action 40 77 53 41 46 67 

Promotion/Non-Selection 61 79 70 84 39 62 

Evaluation/Appraisal 39 45 33 46 19 37 

Time and Attendance 16 34 27 23 17 30 

Training 22 34 30 22 16 29 

Medical Examination 4 4 1 0 8 19 

Appointment/Hire 13 10 9 9 5 16 

Termination 25 27 24 32 15 17 

Reasonable Accommodation 32 33 37 41 20 15 

17 
Table 5: Findings of Discrimination by Basis, FY 2017 to FY 2022 

Basis 2017 2018 2019 2020 2021 2022 

Age 0 1 2 1 0 0 

Color 0 0 2 1 0 0 

Disability 2 0 3 1 0 0 

Equal Pay 0 0 0 0 0 0 

National 

Origin 

0 1 0 1 0 1 

Race 0 1 2 1 0 2 

Religion 0 0 0 0 0 1 

Reprisal 2 4 3 2 1 2 

Sex 0 1 1 2 0 0 

Table 6: Findings of Discrimination by Issue, FY 2017 to FY 2022 

Issue 2017 2018 2019 2020 2021 2022 

Assignment of Duties 0 1 0 1 0 1 

Harassment 0 1 3 4 0 2 

Medical Examination 0 0 0 0 0 0 

Promotion/Non-Selection 1 2 2 1 0 1 

Reasonable Accommodation 1 0 0 1 0 0 

Terms/Conditions of Employment 2 0 0 0 0 0 

Training 0 1 0 0 1 0 

Disclosure of Medical Information 1 0 2 0 0 0 

Performance Evaluation 0 0 0 0 1 1 

Religious Accommodation 0 0 0 0 0 1 

18 
Table 7: Federal Court Cases with Alleged Violation of Law, FY 2017 to FY 2022 

2017 2018 2019 2020 2021 2022 

Total Court Cases 35 33 32 36 41 40 

Alleged Title VII Violation 30 26 25 29 32 33 

Alleged Age Discrimination in Employment Act Violation 4 7 9 6 11 12 

Alleged Rehabilitation Act Violation 10 13 7 7 11 12 

Alleged Whistleblower Protection Act Violation 0 0 0 0 0 0 

Alleged Equal Pay Act Violation 0 0 0 0 0 0 

Alleged Retaliation 17 13 9 16 20 19 

Table 8: Formal Complaint Processing Time in Days, FY 2017 to FY 2022 

2017 2018 2019 2020 2021 2022 

Investigation Stage 166 185 218 298 300 157 

Final Action Stage 85 57 67 64 161 176 

Table 9: Annual Total Reimbursements for No FEAR Act cases by Amount and Number of Cases, FY 

2017 to FY 2022 

2017 2018 2019 2020 2021 2022 

Total Reimbursements $568,113 $458,000 $29,500 $282,000 $43,951,538 $113,900 

Cases Resulting in 

Reimbursements 5 2 2 3 3 3 

Table 10: Pre-Complaint Processing Timelines, FY 2017 to FY 2022 

Rate of Individuals Counseled 2017 2018 2019 2020 2021 2022 

within Mandatory Timeframe 98.48% 95.65% 98.13% 98.15% 96.5% 93.9% 

19 
Appendix B – EEO Data Posted Pursuant to the No FEAR Act 

Total Complaints 

Comparative Data 

Previous Fiscal Year Data 

2017 2018 2019 2020 2021 2022

Number of Complaints Filed 266 271 250 273 177 236 

Number of Complainants 259 262 245 265 170 231 

Repeat Filers 7 9 6 6 7 5 

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 

2017 2018 2019 2020 2021 2022

Race 100 107 100 98 75 82 

Color 46 47 56 30 30 46 

Religion 20 15 14 13 10 34 

Reprisal 152 161 138 153 113 131 

Sex (including complaints 

filed under Equal Pay Act 

[EPA]) 

115 138 106 105 65 77 

National Origin 40 31 31 47 20 39 

Age 96 102 86 98 55 64 

Disability 95 86 102 108 58 81 

Non-EEO basis 8 15 12 16 9 27 

Genetics 3 4 0 3 2 9 

Pregnancy Discrimination 

Act (PDA) 0 5 4 1 3 2 

20 
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 

2017 2018 2019 2020 2021 20225

Appointment/Hire 13 10 9 9 5 16 

Assignment of Duties 29 47 52 52 33 0 

Awards 6 9 6 10 0 11 

Conversion to Full Time 0 1 0 1 0 0 

Disciplinary 

Action 

Demotion 2 3 3 2 3 1 

Reprimand 7 17 18 14 9 0 

Removal 5 6 10 5 3 14 

Suspension 12 20 17 8 14 0 

Other 6 15 1 0 10 17 

Duty Hours 8 10 11 3 9 0 

Evaluation/Appraisal 39 45 33 46 19 37 

Examination/Test 2 4 1 0 0 6 

Harassment Non-Sexual 151 173 150 164 116 155 

Sexual 16 16 13 16 9 7 

Medical Examination 4 4 1 0 8 19 

Pay (including overtime) 14 26 18 33 12 14 

Promotion/Non-Selection 63 79 70 84 39 62 

Reassignment Denied 5 13 11 11 6 12 

Directed 11 17 9 11 7 6 

Reasonable Accommodation 32 33 37 41 20 15 

Reinstatement 2 0 0 0 1 0 

Retirement 5 5 6 11 2 0 

Termination 25 27 24 32 15 17 

Terms/Conditions of 

Employment 31 37 32 34 19 0 

Time and Attendance 16 34 27 23 17 30 

Training 22 34 30 22 16 29 

5 In FY 2022, the Equal Employment Opportunity Commission instituted a number of changes to 

complaint data reporting and consolidated several issues in complaints. As a result, in many issue 

categories it appears as though there are no complaints. 

21 
Processing Time Comparative Data 

Previous Fiscal Year Data 

2017 2018 2019 2020 2021 2022

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

Average Number of Days in 

Investigation Stage 166.08 185.1 218.9 298.35 299.96 156.57 

Average Number of Days in Final 

Action Stage 85.05 56.83 67.37 64.07 161.40 175.77 

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

during fiscal year 

Average Number of Days in 

Investigation Stage 158.81 191.18 257.42 305.94 293.37 142.49 

Average Number of Days in Final 

Action Stage 72.03 51.8 69.86 47.44 124.48 83.77 

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

requested 

Average Number of Days in 

Investigation Stage 177.62 167.41 211.29 303.39 306.04 168.53 

Average Number of Days in Final 

Action Stage 98.07 64.69 62.11 82.27 247.56 223.24 

Complaints Dismissed by Agency Comparative Data 

Previous Fiscal Year Data 

2017 2018 2019 2020 2021 2022

Total Complaints Dismissed by Agency 23 36 43 22 17 27 

Average Days Pending Prior to Dismissal 35 71 76 49 51 45 

Total Complaints Withdrawn by 

Complainants 15 12 13 20 9 3 

Total Final Actions Finding 

Discrimination 

Comparative Data 

Previous Fiscal Year Data 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021 

# % 

2022

# % 

Total Number Findings 4 5 5 4 1 4 

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

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

22 
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 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021 

# % 

2022

# % 

Total Number Findings 4 5 5 4 1 4 

Race 0 0 1 20 2 40 1 25 1 100 2 50 

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

Religion 0 0 0 0 0 0 0 0 0 0 1 25 

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

Sex (including complaints 

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

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

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

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

Non-EEO Basis 0 0 0 0 0 0 0 0 0 0 0 0 

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

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

Findings After Hearing 4 4 5 1 0 4 

Race 0 0 0 0 2 40 1 100 0 0 2 50 

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

Religion 0 0 0 0 0 0 0 0 0 0 1 25 

Reprisal 1 25.0 3 75 3 60 1 100 0 0 2 50 

Sex (including complaints 

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

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

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

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

Non-EEO Basis 0 0 0 0 0 0 0 0 0 0 0 0 

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

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

Findings Without 

Hearing 0 1 0 3 1 0 

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

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 1 33.3 1 100 0 0 

23 
Sex (including complaints 

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

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

Age 0 0 0 0 0 0 1 33.3 0 0 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 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021 

# % 

2022

# % 

Total Number of Findings 4 5 5 4 1 4 

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

Assignment of Duties 0 0 1 20 0 0 0 0 0 0 1 25 

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 20 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 1 20 0 0 0 0 1 100 1 25 

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

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

Sexual 0 0 1 20 0 0 1 25 0 0 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 1 25 2 40 2 40 0 0 0 0 1 25 

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

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

Reasonable 

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

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

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 1 100 0 0 

24 
Other 1 25. 

0 0 0 2 40 0 0 0 0 0 0 

Findings of 

Discrimination Rendered 

by Issue 

(Part 2) 

Comparative Data 

Previous Fiscal Year Data 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021 

# % 

2022

# % 

Findings After Hearing 4 4 5 1 0 4 

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

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

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 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 1 25 0 0 0 0 0 0 1 25 

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

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

Sexual 0 0 1 25 0 0 0 0 0 0 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 1 25 1 25 2 40 0 0 0 0 1 25 

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

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

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

25 
Findings of 

Discrimination Rendered 

by Issue 

(Part 3) 

Comparative Data 

Previous Fiscal Year Data 

2017 

# % 

2018 

# % 

2019 

# % 

2020 

# % 

2021 

# % 

2022

# % 

Findings Without 

Hearing 0 1 0 3 1 0 

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 1 100 0 0 

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

Harassment 

NonSexual 0 0 0 0 0 0 3 10 

0 1 100 0 0 

Sexual 0 0 0 0 0 0 1 33. 

3 0 0 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 1 100 0 0 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 2 66. 

6 0 0 0 0 

Reasonable 

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

Religious 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 1 100 0 0 

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

26 
Pending Complaints Filed 

in Previous Fiscal Years 

by Status 

Comparative Data 

Previous Fiscal Year Data 

2017 2018 2019 2020 2021 2022

Total Complaints from 

Previous Fiscal Years 605 621 685 744 901 975 

Total Complainants 491 509 571 617 750 808 

Number Complaints Pending 

Investigation 91 96 105 113 119 141 

Hearing 382 402 447 474 538 578 

Final Agency Action 48 61 66 117 156 189 

Appeal with EEOC Office 

of Federal Operations 84 62 67 40 49 67 

Complaint Investigations 

Comparative Data 

Previous Fiscal Year Data 

2017 2018 2019 2020 2021 2022

Pending Completion Where 

Investigation Exceeds 

Required Time Frames 

15 44 52 46 62 5 

27