U.S. General Services Administration

GSA NO FEAR ACT REPORT

Prepared by the Office of Civil Rights

Fiscal Year 2023

Notification and Federal Employee Antidiscrimination

and Retaliation Act of 2002

FY 2023 Annual Report
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FY 2023 No FEAR Act Report GSA

Table of Contents

INTRODUCTION

Purpose of Report

GSA Mission and Structure

GSA Office of Civil Rights

CASES IN FEDERAL DISTRICT COURT

JUDGMENT FUND REIMBURSEMENTS

DISCIPLINARY ACTIONS

FY 2023 EEO COMPLAINT DATA

ANALYSIS OF TRENDS AND CAUSALITY

Precomplaints

Bases of Discrimination in Formal Complaints

Issues in Formal Complaints

Findings of Discrimination

PRACTICAL KNOWLEDGE GAINED THROUGH EXPERIENCE

PROGRAM IMPROVEMENTS IN FY 2023

IMPROVEMENTS PLANNED FOR FYS 2024-2025

NO FEAR ACT TRAINING

APPENDIX A - LEGISLATIVE & REGULATORY REQUIREMENTS

APPENDIX B - GSA NO FEAR ACT DATA COMPARISON

Complaint Activity

Processing Time

Complaints Dismissed by Agency

Total Final Agency Actions Finding Discrimination

Findings of Discrimination by Basis

Findings of Discrimination by Issue

Pending Complaints Filed in Previous Fiscal Years by Status

Complaint Investigations

APPENDIX C - ALL EEO CATEGORIES

Discrimination Basis Categories

Discrimination Issue Categories

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Introduction

Purpose of Report

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR

Act), Public Law 107-1741 was enacted to reduce the incidence of workplace discrimination

within the Federal Government by holding Federal agencies accountable for violations of Federal

antidiscrimination and whistleblower protection laws.2 The No FEAR Act requires a Federal

agency to:

● Notify employees, former employees, and applicants for employment about their rights

under the Federal antidiscrimination and whistleblower laws.

● Provide training to its employees, including managers, on the rights and remedies

available under antidiscrimination and whistleblower laws.

● Post quarterly on its public website summary statistical data about equal employment

opportunity (EEO) complaints filed with the agency.

In addition, Section 203 of the No FEAR Act requires each agency to submit to Congress, the U.S.

Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice, and the U.S.

Office of Personnel Management, an annual report that includes the following:3

● The number, status, and disposition of discrimination and whistleblower cases (including

Federal court cases) filed against the agency.

● Judgment fund reimbursements and any agency budget adjustments to meet

reimbursement requirements.

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

harassment, or other prohibited personnel practices and the agency disciplinary policy.

● Year-end summary EEO complaint data.

● Analysis of trends, causation, and practical knowledge gained through experience, and

any actions planned or taken to improve agency complaint or civil rights programs.

The U.S. General Services Administration (GSA) submits this No FEAR Act report for fiscal year

(FY) 2023 (Oct. 1, 2022, through Sept. 30, 2023). GSA’s No FEAR Act data for prior fiscal years

can be accessed at https://www.gsa.gov.

1 The Elijah J. Cummings Federal Employees Antidiscrimination Act, which was enacted in Jan. 2021,

amends the No FEAR Act. 2 See Pub. L. No. 107-174, 116 Stat. 566 (2002). 3 See Pub. L. No. 107-174, § 203(a)(1);see also 5 CFR § 724.302(a). Appendix A to this report sets forth the

No FEAR Act statutory and regulatory reporting requirements in full.

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FY 2023 No FEAR Act Report GSA

GSA Mission and Structure

GSA’s mission is to deliver the best customer experience and value in real estate, acquisition, and

technology services to the Government and the American people. GSA provides centralized

procurement for the Federal Government, offering products, services, and facilities worth billions

of dollars that Federal agencies need to serve the American public. GSA’s acquisition solutions

supply Federal purchasers with cost-effective, high-quality products and services from

commercial vendors. GSA also helps Federal agencies build and acquire office space, products,

and other workspace services, and oversees the preservation of historic Federal properties. Its

policies covering travel and property management practices promote efficient Government

operations. Composed of the Federal Acquisition Service, the Public Buildings Service, the Office

of Government-wide Policy, 11 staff offices, and two independent offices, GSA services and

supports more than 60 Federal departments and agencies.

GSA’s Office of Civil Rights

GSA’s goal is to prevent and address workplace discrimination and retaliation in order to create

and maintain a world-class workplace where all employees and applicants for employment with

GSA have the freedom to compete in a fair and equitable manner.

The Office of Civil Rights (OCR) enforces Federal laws, regulations, and directives that prohibit

discrimination in the workplace and in GSA programs and activities. OCR’s vision is to be a

trusted advisor to everyone we serve and to advance equal opportunity for all. Its mission is to

protect civil rights, champion equal opportunity, and to foster a fair workplace.

7

Federal District

Court Cases

$0

Judgment Fund

Reimbursements

0

Disciplinary

Actions

1

Finding of

Discrimination

64

Formal

Complaints

Cases in Federal District Court

In FY 2023, GSA had seven antidiscrimination cases and zero whistleblower protection cases in

Federal district court. One of the antidiscrimination cases closed in FY 2023 and six are still

pending an outcome. The case that closed was settled.

Judgment Fund Reimbursements

The Judgment Fund pays court judgments, awards, and compromise settlements of lawsuits

against the Federal Government.4 The No FEAR Act requires Federal agencies to reimburse the

Judgment Fund for payments made on their behalf to employees, former employees, or applicants

4 See 31 U.S.C. § 1304.

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for employment due to claims alleging violations of Federal antidiscrimination laws, Federal

whistleblower protection laws, or reprisal for legally protected activity related to those laws.5

GSA made no reimbursements to the Judgment Fund in FY 2023. GSA reimbursed the Judgment

Fund only two times from FY 2018 through FY 2023 (see Table 1).

Table 1. Reimbursements to the Judgment Fund for FYs 2018 through 2023.

Reimbursements to the Judgment Fund 2018 2019 2020 2021 2022 2023

Amount 0 $55,000 0 $95,000 0

Disciplinary Actions

A review of FY 2023 disciplinary records shows no GSA employees were disciplined for improper

or illegal discrimination, retaliation, harassment, or other infraction prohibited by the No FEAR

Act. The GSA policy directing disciplinary action against Federal employees for prohibited

personnel practices and conduct inconsistent with the Federal antidiscrimination and

whistleblower protection laws is available at HRM 9751.1A – Maintaining Discipline. Included in

the policy is the GSA Penalty Guide, which prescribes penalties for various types of delinquency

or misconduct, including discrimination and retaliation against any person for properly exercising

their right to file a discrimination complaint or grievance, or for reporting discrimination.

FY 2023 EEO Complaint Data

See Appendix B to this report for GSA’s FY 2023 year-end data along with comparative data for

FYs 2018 through 2023.

Analysis of Trends and Causality

Using data from GSA’s information management system for EEO complaint processing, this

section highlights trends in EEO complaints filed with GSA.6 As Table 2 shows, complainants filed

64 formal EEO complaints in FY 2023, which is 12 (or 23%) more than the 52 complaints filed in

FY 2022. Over a longer horizon, the number of complaints has remained constant; complaints

filed in FY 2023 were equal to the 6-year average of 64. In FY 2023 there were .50 complaints

filed per 100 employees, which is below the 6-year average of .54.

Table 2. Formal complaints filed and GSA workforce between FYs 2018 and 2023.

Formal Complaint Activity 2018 2019 2020 2021 2022 2023

5 See 31 U.S.C. § 201. 6 The data is current as of Oct. 23, 2023, and includes complaints filed between Oct. 1 and Sept. 30 of each

year.

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5

FY 2023 No FEAR Act Report GSA

Complaints Filed 84 65 73 44 52 64

Number of Complainants 79 58 67 40 51 57

Repeat Filers 5 7 6 2 1 5

GSA Total Workforce 11,051 11,326 11,584 11,732 11,970 12,807

Complaints Filed per 100 Employees 0.76 0.57 0.63 0.37 0.43 .50

Note about this table: This table represents complaints filed between Oct. 1 and Sep. 30 of each fiscal year and does not

include cases carried over from the previous year(s).

Precomplaints

Precomplaints (also known as informal complaints) are not reported in No FEAR Act quarterly

data reports but are included here to show the overall trend in EEO complaint activity at GSA. In

FY 2023, GSA had a slight decrease in precomplaints. GSA had 101 precomplaints, 4 (or 4%) less

than in FY 2022.

Figure 1. Precomplaints and formal complaints filed between FYs 2018 and 2023.

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One contributing factor to the increase in formal complaints between FYs 2021, 2022, and 2023

was the decrease in precomplaint resolutions. In FY 2021, the resolution rate was 54% (51 out of

95). In FY 2022 it decreased to 38% (38 out of 89), and in FY 2023 it further decreased to 37%

(35 out of 94). As a result, more precomplaints moved to the formal stage of the EEO process in

FY 2022 and FY 2023.7

Table 3. Precomplaints closed and resolved in FYs 2021, 2022, and 2023.

Precomplaint Activity 2021 2022 2023

Closed 95 89 94

Resolved 51 38 35

Resolution Rate 54% 38% 37%

Bases of Discrimination in Formal Complaints

In FY 2023, the most alleged bases of discrimination were reprisal (36), sex (31), race (30), and

disability (29). In FY 2022, the most alleged bases of discrimination were race (30), reprisal (25),

sex (19), and disability (19).8 For 3 of the last 6 years (FYs 2018, 2021, and 2023), reprisal was the

most alleged basis. Complaints involving allegations of reprisal increased by 44% between FYs

2022 (25) and 2023 (36). Complaints involving allegations of disability discrimination saw an

increase of 46% in FY 2022 (19), and 53% in FY 2023 (29), which correlates with the 2-year

increasing trend of complaints involving reasonable accommodation as an issue.

Table 4. Top five bases alleged between FYs 2018 and 2023.

Formal Complaints by Basis 2018 2019 2020 2021 2022 2023

Disability 33 32 42 13 19 29

Reprisal 50 29 37 23 25 36

Race 35 27 33 18 30 30

Sex 44 21 32 15 19 31

Age 40 22 23 9 14 24

7 Resolved precomplaints include those that were withdrawn, settled by agreement, or not pursued as

formal complaints. 8 A complainant can allege multiple bases of discrimination in the same complaint.

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Figure 2. Top bases alleged between FYs 2018 and 2023 shown as percentages.

Issues in Formal Complaints

In FY 2023, non-sexual harassment (26), performance evaluation/appraisal (18), terms and

conditions of employment (17), and reasonable accommodation (15) were the most alleged

issues. In FY 2022, non-sexual harassment (24), disciplinary action (14), terms and conditions of

employment (11), and performance evaluation/appraisal (11) were the most alleged issues. The

largest increases occurred for the issues of reasonable accommodation (114% increase),

performance evaluation/appraisal (64% increase), and terms and conditions of employment (55%

increase).

The largest decrease was for religious accommodation (71% decrease). Religious accommodation

cases rose sharply in FY 2022, which correlated with the return of the workforce to in-person

work and Covid-19 vaccine requirements; however, in FY 2023 religious accommodation cases

fell to levels more consistent with FY 2018-FY 2021.

The upsurge in reasonable accommodation cases correlated with the increase in reasonable

accommodation requests as the end to GSA’s emergency evacuation order occurred and reentry

of the workforce began in April 2022. A review of complaint data shows that 73% of the FY 2023

formal complaints that named reasonable accommodation as an issue involved reasonable

accommodation requests initiated prior to FY 2023; and 60% of the complaints involved requests

for telework or remote work.

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FY 2023 No FEAR Act Report GSA

Table 5. Top issues alleged in complaints filed between FYs 2018 and 2023.

Harassment Non-Sexual 24 21 26 9 24 26

Promotion/Non-Selection 16 11 15 6 8 12

Performance Evaluation/Appraisal 11 7 12 8 11 18

Disciplinary Action 8 9 13 10 14 14

Terms/Conditions of Employment 12 8 9 8 11 17

Religious Accommodation 0 0 0 0 7 2

Reasonable Accommodation Disability 10 7 9 1 7 15

Figure 3. Top issues alleged between FYs 2018 and 2023 as percentages.

Formal Complaints by Issue 2018 2019 2020 2021

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FY 2023 No FEAR Act Report GSA

The top bases and issues alleged in GSA’s formal complaint filings in FY 2023 were consistent

with the most current government-wide data reported by the EEOC.9 The EEOC reported that in

FY 2020, reprisal was the most frequently alleged basis followed by age, disability, race, and sex.

The EEOC also reported that the most frequently alleged issue was non-sexual harassment,

followed by disciplinary action, promotion/non-selection, reasonable accommodation, and

assignment of duties.

Findings of Discrimination

In FY 2023, the EEOC found discrimination in one GSA complaint (Table 6).

Table 6. Findings of discrimination between FYs 2018 and 2023.

2018 2019 2020 2021 2022 2023

Findings 4 0 2 1 1 1

Bases

Disability Reprisal Reprisal

Pregnancy

Discriminat

ion Act

Reprisal

Race Disability Disability

Sex

Reprisal

Issues

Assignment of

Duties Suspension

Performance

Evaluation

Appraisal

Termination

Performance

Evaluation

Appraisal

Removal Reasonable

Accommodation Harassment

Harassment Reasonable

Accommodation

Terms

Conditions Termination

Appointment/

Hire

9 See EEOC FY 2020 Annual Report on the Federal Workforce, Table B-8, at

https://www.eeoc.gov/federal-sector/reports.

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Practical Knowledge Gained Through Experience

In analyzing EEO complaint trends and related information, OCR concluded the following:

● GSA experienced an increase in precomplaint and formal complaint activity in FY 2022

and FY 2023; however, the formal complaints filed per 100 employees in FY 2023 remain

lower than the 6-year average. OCR will continue to promote Alternative Dispute

Resolution (ADR) and training targeted toward prevention of discrimination.

● GSA must continue to increase training and communication about discriminatory

harassment. Of the 64 formal complaints filed in FY 2023, 26 (41%) included allegations

of non-sexual harassment. In FY 2022, 46% of complaints involved non-sexual harassment

allegations, compared to 20% in FY 2021 and 36% in FY 2020

● Non-sexual harassment continues to be the most frequently reported form of

discrimination since FY 2017.

● In FY 2023, GSA continued to provide EEO training for employees and managers focused

on aligning everyday behavior with agency values to support positive business outcomes.

● Allegations of disability discrimination and the denial of reasonable accommodation

decreased during FY 2021 but increased in FY 2022 and FY 2023 with the re-entry of the

workforce. Disability was cited as a basis in 58% of formal complaints in FY 2020, 30% in

FY 2021, 37% in FY 2022, and rose to 45% in FY 2023. The percentage of formal

complaints citing denial of reasonable accommodation was 12% in FY 2020, 2% in FY

2021, 13% in FY 2022, and rose to 23% in FY 2023. In January 2022, the EEOC

determined that GSA's reasonable accommodation procedures are compliant.

Program Improvements in FY 2023

● Developed and implemented a strategy to increase the use of ADR during the informal

and formal process. The strategy included communications about Conflict Resolution Day

and a virtual seminar on the benefits of mediation. In FY 2023 the use of ADR for formal

cases increased by 15% and the use of ADR for informal complaints remained constant.

● Issued an updated GSA Policy Statement on Harassment, Including Sexual and Non-sexual

Anti-Harassment that clarifies the difference between the Office of Human Resource

Management’s harassment claim process and OCR’s EEO complaint process; outlines

optional processes for filing sexual identity and gender identity complaints; and

references relevant laws, executive orders, GSA-policies and anti-harassment guidance.

● Issued an updated GSA Policy Statement on Equal Employment Opportunity that

prescribes GSA’s policy on EEO and reaffirms GSA’s long-standing commitment to

maintaining a workplace free of unlawful discrimination, harassment, and reprisal.

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FY 2023 No FEAR Act Report GSA

● Proactively ensured compliance with The Elijah J. Cummings Federal Employees

Antidiscrimination Act, which was enacted in January 2021, and amended the No FEAR

Act. OCR’s postings pursuant to the Act can be located at https://www.gsa.gov.

Developed and delivered training to 200 managers and supervisors on the Act.

● Made significant improvements in the collection of reasonable accommodations data and

program management. Improvements directly supported resolution of several MD-715

Part G deficiencies and the timely processing of reasonable accommodation requests.

Improvements Planned for FYs 2024-25

During FY 2024 and 2025, OCR’s strategic focus will include the following:

● Collaborating with agency partners to further expand training options that address

knowledge gaps identified through trends in complaint activity and customer feedback.

● Implementing OCR’s strategic plan aimed at further enhancing efficiency and

effectiveness.

● Championing the integration of EEO policies and diversity considerations into GSA’s

operations and workforce planning.

● Expanding collaborations such as the DEIA Dialogue sessions to build upon cultural

competencies for high-performing, inclusive leadership and foster a more equitable

Federal workforce.

● Leveraging internal communication channels to more effectively disseminate information

about OCR’s services and employee protections under Federal antidiscrimination and

whistleblower protection laws.

● Developing and implementing action plans that support GSA’s DEIA Strategic Plan

pursuant to E.O. 14035.

● Systematically addressing deficiencies and eliminating barriers identified in the Annual

Agency EEO Program Status Report.

No FEAR Act Training

In accordance with 5 CFR § 724.203, all GSA employees, including managers and supervisors, are

required to complete No FEAR Act training biennially, with the last cycle completed in September

2022. New employees are required to complete No FEAR Act training within 90 calendar days of

the new employees’ appointment. This training is provided through GSA Online University, a

training portal open to all GSA employees. More than 93% of eligible, onboard GSA employees

completed the No FEAR Act 2022 training cycle.

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APPENDIX A - LEGISLATIVE & REGULATORY REQUIREMENTS

Section 203 (a) of the No FEAR Act(Pub. Law 107-174) provides, in pertinent part:

(a) Annual Report. — Subject to subsection (b), not later than 180 days after the end of

each fiscal year, each Federal agency shall submit to the Speaker of the House of

Representatives, the President pro tempore of the Senate, the Committee on Homeland

Security and Governmental Affairs of the Senate, the Committee on Oversight and

Accountability of the House of Representatives, each committee of Congress with

jurisdiction relating to the agency, the Chair, Equal Employment Opportunity Commission,

and the Attorney General an annual report in an electronic format prescribed by the

Director of the Office of Personnel Management which shall include, with respect to the

fiscal year.

(1) the number of cases arising under each of the respective provisions of law covered

by paragraphs (1) and (2) of section 201(a) in which discrimination on the part of such

agency was alleged;

(2) the status or disposition of cases described in paragraph (1);

(3) the amount of money required to be reimbursed by such agency under section

201 in connection with each of such cases, separately identifying the aggregate

amount of such reimbursements attributable to the payment of attorneys’ fees, if

any;

(4) the number of employees disciplined for discrimination, retaliation, harassment, or

any other infraction of any provision of law referred to in paragraph (1);

(5) the final year-end data posted under section 301(c)(1)(B) for such fiscal year

(without regard to section 301(c)(2));

(6) a detailed description of —

(A) the policy implemented by that agency relating to appropriate disciplinary

actions against a Federal employee who — (i) discriminated against any

individual in violation of any of the laws cited under section 201(a)(1) or (2); or

(ii) committed another prohibited personnel practice that was revealed in the

investigation of a complaint alleging a violation of any of the laws cited under

section 201(a)(1) or (2); and

(B) with respect to each of such laws, the number of employees who

are disciplined in accordance with such policy and the specific

nature of the disciplinary action taken;

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(7) an analysis of the information described under paragraphs (1) through (6) (in

conjunction with data provided to the Equal Employment Opportunity

Commission in compliance with Part 1614 of Title 29 of the Code of Federal

Regulations) including—

(A) an examination of trends;

(B) causal analysis;

(C) practical knowledge gained through experience;

(D) any actions planned or taken to improve complaint or civil rights

programs of the agency; and

(8) any adjustment (to the extent the adjustment can be ascertained in the budget of

the agency) to comply with the requirements under section 201.

Subpart C of 5 CFR Part 724 (5 CFR §724.302):

(a) Except as provided in paragraph (b) of this section, each agency must report no later

than 180 calendar days after the end of each fiscal year the following items:

(1) The number of cases in Federal court pending or resolved in each fiscal year and

arising under each of the respective provisions of the Federal Antidiscrimination

Laws and Whistleblower Protection Laws applicable to them as defined in §724.102

of subpart A of this part in which an employee, former Federal employee, or applicant

alleged a violation(s) of these laws, separating data by the provision(s) of law

involved;

(2) In the aggregate, for the cases identified in paragraph (a)(1) of this section

and separated by provision(s) of law involved:

(i) The status or disposition (including settlement);

(ii) The amount of money required to be reimbursed to the Judgment Fund by

the agency for payments as defined in §724.102 of subpart A of this part;

(iii) The amount of reimbursement to the Fund for attorney's fees where such

fees have been separately designated;

(3) In connection with cases identified in paragraph (a)(1) of this section, the total

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number of employees in each fiscal year disciplined as defined in §724.102 of

subpart A of this part and the specific nature, e.g., reprimand, etc., of the disciplinary

actions taken, separated by the provision(s) of law involved;

(4) The final year-end data about discrimination complaints for each fiscal year that

was posted in accordance with Equal Employment Opportunity Regulations at

subpart G of title 29 of the Code of Federal Regulations (implementing section

301(c)(1)(B) of the No FEAR Act);

(5) Whether or not in connection with cases in Federal court, the number of

employees in each fiscal year disciplined as defined in §724.102 of subpart A of this

part in accordance with any agency policy described in paragraph (a)(6) of this

section. The specific nature, e.g., reprimand, etc., of the disciplinary actions taken

must be identified;

(6) A detailed description of the agency's policy for taking disciplinary action against

Federal employees for conduct that is inconsistent with Federal Antidiscrimination

Laws and Whistleblower Protection Laws or for conduct that constitutes another

prohibited personnel practice revealed in connection with agency investigations of

alleged violations of these laws;

(7) An analysis of the information provided in paragraphs (a)(1) through (6) of this

section in conjunction with data provided to the Equal Employment Opportunity

Commission in compliance with 29 CFR part 1614 subpart F of the Code of Federal

Regulations. Such analysis must include:

(i) An examination of trends;

(ii) Causal analysis;

(iii) Practical knowledge gained through experience; and

(iv) Any actions planned or taken to improve complaint or civil rights programs of

the agency with the goal of eliminating discrimination and retaliation in the

workplace.

(8) For each fiscal year, any adjustment needed or made to the budget of the agency

to comply with its Judgment Fund reimbursement obligation(s) incurred under

§724.103 of subpart A of this part; and

(9) The agency's written plan developed under §724.203(a) of subpart B of this

part to train its employees.

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(b) The first report also must provide information for the data elements in paragraph (a) of

this section for each of the five fiscal years preceding the fiscal year on which the first

report is based to the extent that such data is available. Under the provisions of the No

FEAR Act, the first report was due March 30, 2005, without regard to the status of the

regulations. Thereafter, under the provisions of the No FEAR Act, agency reports are due

annually on March 30th. Agencies that have submitted their reports before these

regulations became final must ensure that they contain data elements 1 through 8 of

paragraph (a) of this section and provide any necessary supplemental reports by April 25,

2007. Future reports must include data elements 1 through 9 of paragraph (a) of this

section.

(c) Agencies must provide copies of each report to the following:

(1) Speaker of the U.S. House of Representatives.

(2) President Pro Tempore of the U.S. Senate.

(3) Committee on Homeland Security and Governmental Affairs, U.S. Senate.

(4) Committee on Oversight and Reform, U.S. House of Representatives.

(5) Each Committee of Congress with jurisdiction relating to the agency.

(6) Chair, Equal Employment Opportunity Commission.

(7) Attorney General; and

(8) Director, U.S. Office of Personnel Management.

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APPENDIX B - GSA NO FEAR ACT DATA COMPARISON

FY 2018 - FY 2023 | FYs represented as Oct. 1 - Sep. 30

Complaint Activity

Comparative Data

Previous FY Data

2023

2018 2019 2020 2021 2022

Complaints Filed 84 65 73 44 52 64

Number of Complainants 79 58 67 40 51 57

Repeat Filers 5 7 6 2 1 5

Complaints by Basis

Comparative Data

Previous FY Data

2023 Note: Complaints can allege multiple bases, so the sum of the

bases may not equal total complaints filed. 2018 2019 2020 2021 2022

Disability 33 32 33 13 19 29

Reprisal 50 29 37 23 25 36

Race 35 27 33 18 30 30

Sex 44 21 32 15 19 31

Age 40 22 23 9 14 24

Color 17 8 17 10 10 19

National Origin 13 3 11 8 7 10

Religion 8 2 3 3 10 9

Non-EEO 3 1 2 0 0 0

Equal Pay Act 1 1 1 2 1 1

Genetics 0 0 0 0 1 0

PDA 0 1 0 0 0 0

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FY 2023 No FEAR Act Report GSA

Complaints by Issue

Comparative Data

Previous FY Data

2023 Note: Complaints can allege multiple issues, so the sum of the

issues may not equal total complaints filed. 2018 2019 2020 2021 2022

Appointment/Hire 0 1 3 0 1 1

Assignment of Duties 6 3 2 9 0 0

Awards 0 0 0 0 0 1

Conversion to Full Time/Permanent Status 0 0 0 0 0 0

Disciplinary Action

● Demotion 0 0 0 0 1 0

● Reprimand 4 0 4 2 0 0

● Suspension 3 2 3 2 2 2

● Removal 1 4 2 3 4 4

● Other - Disciplinary Warning 0 3 4 3 7 12

Duty Hours 0 1 0 0 0 0

Performance Evaluation/Appraisal 11 7 12 8 11 18

Examination/Test 0 0 0 0 0 0

Harassment

● Non-Sexual 24 21 26 9 24 26

● Sexual 4 0 0 0 3 2

Medical Examination 0 2 0 0 1 3

Pay Including Overtime 4 1 4 1 3 5

Promotion/Non-Selection 16 11 15 6 8 12

Reassignment

● Denied 1 0 4 0 1 0

● Directed 2 0 1 1 3 5

Reasonable Accommodation Disability 10 7 9 1 6 15

Reinstatement 0 0 0 0 0 0

Religious Accommodation 0 0 0 0 7 2

Retirement 3 0 1 1 0 0

Sex-Stereotyping 0 0 0 0 0 0

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FY 2023 No FEAR Act Report GSA

Complaints by Issue, Continued

Comparative Data

Previous FY Data

2023 Note: Complaints can allege multiple issues, so the sum of the

issues may not equal total complaints filed. 2018 2019 2020 2021 2022

Telework 0 1 0 0 0 1

Termination 4 9 5 2 2 1

Terms/Conditions of Employment 12 8 9 8 8 17

Time and Attendance 2 4 7 0 0 4

Training 0 1 0 2 2 3

Processing Time

Comparative Data

Previous FY Data

2023

2018 2019 2020 2021 2022

Complaints Pending During FY

Average number of days in investigation 215.48 221.80 195.98 195.52 199.00 214.72

Average number of days in final action 38.83 49.64 47.98 47.40 43.83 43.97

Complaints Pending During FY Where Hearing

Was Requested

Average number of days in investigation 221.74 240.31 201.42 192.26 198.00 227.28

Average number of days in final action

Complaints Pending During FY Where Hearing

Was Not Requested

Average number of days in investigation

26.32

230.78

43.94

233.06

37.15

205.96

38.52

200.67

38.12

202.92

33.56

207.05

Average number of days in final action 54.11 60.74 58.80 59.56 57.71 55.41

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Complaints Dismissed by Agency

Comparative Data

Previous FY Data

2023

2018 2019 2020 2021 2022

Total Number of Complaints Dismissed by Agency 8 4 10 12 3 6

Average days pending prior to dismissal 31 54 56 39 41 71

Complaints Withdrawn by Complainants 13 4 2 4 3 5

Total Final Agency Actions

Finding Discrimination

Comparative Data

Previous FY Data 2023

2018 2019 2020 2021 2022

# % # % # % # % # % # %

Total Number of Findings 4 0 2 1 1 1

Without Hearing 1 25 0 0 0 0 1 100 0 0 0

With Hearing 3 75 0 0 2 100 0 0 1 100 1 100

Note about this table: Basis categories with no findings over the period are not included.

Findings of Discrimination

by Basis

Comparative Data

Previous FY Data

2023

Note: Complaints can allege multiple

bases, so the sum of the bases may not

equal total complaints and findings.

2018 2019 2020 2021 2022

# % # % # % # % # % # %

Total Number of Findings 4 0 2 1 1 1

Race 2 50 0 0 0 0 0 0 0 0 0 0

Reprisal 1 25 0 0 2 100 1 100 0 0 1 100

Sex 3 75 0 0 0 0 0 0 0 0 0 0

Age 1 25 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 1 100 0 0 1 100

PDA 0 0 0 0 0 0 0 0 1 100 0 0

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FY 2023 No FEAR Act Report GSA

Note about this table: Basis categories with no findings over the period are not included.

Findings of Discrimination

by Basis, Continued

Comparative Data

Previous Fiscal Year Data 2023 2018 2019 2020 2021 2022

# % # % # % # % # % # %

Total Number of Findings

After Hearing 3 0 2 0 1 1

Race 2 67 0 0 0 0 0 0 0 0 0 0

Reprisal 1 33 0 0 2 100 0 0 0 0 1 0

Sex 3 100 0 0 0 0 0 0 0 0 0 0

Age 1 33 0 0 0 0 0 0 0 0 0 0

PDA 0 0 0 0 0 0 0 0 1 100 0 0

Disability 0 0 0 0 0 0 0 0 0 0 1 100

Total Number of Findings

Without Hearing 1 0 0 1 0 0

Disability 1 100 0 0 0 0 1 100 0 0 0 0

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

Note about this table: Issue categories with no findings over the period are not included.

Findings of Discrimination

by Issue

Comparative Data

Previous FY Data

2023 Note: Complaints can allege multiple

issues, so the sum of the issues may

not equal total complaints and

findings.

2018 2019 2020 2021 2022

# % # % # % # % # % # %

Total Number of Findings 4

Appointment/Hire 1 25 0 0 0 0 0 0 0 0 0 0

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

Disciplinary Action

0 2 1 1 1

● Suspension 0 0 0 0 2 100 0 0 0 0 0 0

● Removal 1 25 0 0 0 0 0 0 0 0 0 0

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

Harassment

● Sexual 1 25 0 0 0 0 0 0 0 0 0 0

● Non-Sexual 0 0 0 0 1 50 0 0 0 0 1 100

Reasonable 0 0 0 0 0 0 1 100 0 0 1 100 Accommodation Disability

Termination 0 0 0 0 0 0 0 0 1 100 1 100

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FY 2023 No FEAR Act Report GSA

Terms/Conditions of 1 25 0 0 0 0 0 0 0 0 0 0 Employment

Findings of Discrimination

by Issue, Continued

Comparative Data

Previous FY Data

2023

2018 2019 2020 2021 2022

# % # % # % # % # % # %

Total Number of Findings 3 1 0 After Hearing

Assignment of Duties 1 33 0 0 0 0 0 0 0 0 0 0

0 0 0 1

Disciplinary Action

● Suspension 0 0 0 0 2 100 0 0 0 0 0 0

● Removal 1 33 0 0 0 0 0 0 0 0 0 0

Harassment

● Sexual 1 33 0 0 0 0 0 0 0 0 0 0

● Non-Sexual 0 0 0 0 1 50 0 0 0 0 1 100

Terms/Conditions of 1 33 0 0 0 0 0 0 0 0 0 0 Employment

Termination 0 0 0 0 0 0 0 0 1 100 1 0

Total Number of Findings 1 Without Hearing

Appointment/Hire 1 100 0 0 0 0 0 0 0 0 0 0

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

Reasonable 0 0 0 0 0 0 1 100 0 0 0 0 Accommodation Disability

0 0 1 0

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FY 2023 No FEAR Act Report GSA

Pending Complaints Filed in Previous Fiscal Years

by Status

Comparative Data

Prior FY Data

2023 2018 2019 2020 2021 2022

Total Pending Complaints 66 65 46 54 20 18

Total Complainants 60 56 42 51 19 18

Complaints Pending

● Investigation 1 1 0 0 1 6

● ROI issued, pending Complainant's action 0 1 0 0 0 1

● Hearing 62 53 44 52 16 9

● Final Agency Action 2 2 2 2 4 2

● Appeal with EEOC Office of Federal

Operations 57 22 13 16 16 9

23

Complaint Investigations

Comparative Data

Prior FY Data

2023

2018 2019 2020 2021 2022

Pending Complaints Where Investigations

Exceeded Required Time Frames 0 0 0 0 0

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FY 2023 No FEAR Act Report GSA

APPENDIX C - ALL EEO CATEGORIES

Discrimination Basis Categories

Age

Color

Disability

Equal Pay Act

Genetics

National Origin

Non-EEO

Pregnancy Discrimination Act

Race

Religion

Reprisal

Sex

Discrimination Issue Categories

Appointment/Hire

Assignment of Duties*

Awards

Conversion to Full Time/Perm Status*

Demotion

Reprimand*

Suspension

Removal

Warning

Duty Hours*

Performance Eval/Appraisal

Examination/Test*

Harassment: Non-Sexual

Harassment: Sexual

Medical Examination

*No FY 2018-2023 complaints included these categories.

Pay/Overtime

Promotion/Non-Selection

Reassignment Denied

Reassignment Directed

Reasonable Accommodation Disability

Reinstatement*

Religious Accommodation

Retirement*

Sex-Stereotyping*

Telework

Termination

Terms/Conditions of Employment

Time and Attendance

Training

Other

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