Prepared by

The Office of Civil Rights and EEO

###### **Report Contents**

**Section I. 		Summary of District Court Cases (FY 2018 to FY 2022)**

###### **Section II. 		Analysis of Administrative Complaints**

**A. Examination of Trends, Causal Analysis, and Practical Knowledge Gained through Experience**

**B. Actions Taken to Improve Agency Complaint or Civil Rights Program**

###### **Attachment A 	Administrative Equal Employment Opportunity (EEO) Complaint Data (FY 2018 to FY 2022)**

**Attachment B**	Department of the Treasury No FEAR Act Training Plan**

**Attachment C	FY 2022 Administrative EEO Complaints Findings of Discrimination and Corrective Actions**

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**United States Department of the Treasury**

**No FEAR Act Report, as amended[footnoteRef:1]** [1:  Elijah E. Cummings Federal Employee Antidiscrimination Act (CFEA Act) of 2020 amends the Notification and Federal Employee Anti-discrimination and Retaliation Act (No FEAR Act) to include additional reporting and posting requirements when discrimination has been found in EEO administrative and District Court cases.] 

**Fiscal Year (FY) 2022**

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###### Section I. 	Summary of District Court Cases (FY 2018 to FY 2022)

Data was derived from reports submitted by counsel in each bureau of the Department of the Treasury (the Department or Treasury).  These charts show all cases and payments to the Judgment Fund in Fiscal Year (FY) 2018 to FY 2022, regardless of when the case was filed.  Because the charts show cases filed under multiple statutes, numbers will not total.  The total number of cases settled, pending, and adjudicated will not equal the total number filed due to cases filed prior to the five-year reporting period.

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 the agency was alleged.*

2. *The status or disposition of cases described in paragraph (1).*

* Figure reflects total number of cases pending at the end of FY 2022 regardless of the year in which it was filed.

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)).*

See Attachment A.

6.   *A detailed description of 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 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.*

The Department’s policy, *Disciplinary Action for Employees who Violate Antidiscrimination and Whistleblower Protection Laws*, requires bureaus to establish a disciplinary policy and/or table of penalties providing for appropriate disciplinary actions for employees who have intentionally engaged in discrimination or retaliatory actions, including retaliation for whistleblowing activities.  Bureaus are asked to provide a copy of their disciplinary policy and/or table of penalties as part of a program audit review the Department conducts at each bureau.  In addition, the Department of the Treasury’s Rules of Conduct (31 CFR §0.217) state that:  

(a) Employees shall not discriminate against or harass any other employee, applicant for employment, contractor, or person dealing with the Department on official business on the basis of race, color, religion, national origin, sex, sexual orientation, age, disability, political affiliation, marital status, parental status, veterans status, or genetic information.  (b) Supervisors shall not retaliate against an employee for complaining about suspected unlawful discrimination or harassment, seeking accommodation for a disability, or otherwise exercising their right to be free from unlawful discrimination.  (c) An employee who engages in discriminatory or retaliatory conduct may be disciplined under these regulations, as well as other applicable laws[...].

For FY 2022, the Department had seven (7) findings of discrimination in the EEO administrative process.  The Department issued six findings and one finding was issued by an administrative judge.  For a list of corrective actions taken for the seven cases with a finding of discrimination, see Attachment C.

Section II. 	Analysis of Administrative Complaints*******

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; and*

d. *any actions planned or taken to improve complaint or civil rights programs of the agency.*

**A.  Examination of Trends, Causal Analysis, and Practical Knowledge Gained Through Experience**

Treasury’s complaint activity data demonstrated a 15.9% increase in complaints filed from FY 2021 (315 complaints filed) to FY 2022 (365 complaints filed).  The per capita rate of formal equal employment opportunity (EEO) complaints filed in FY 2022 saw an increase as well, from 0.29% in FY 2021 (281 complainants) to 0.33% in FY 2022 (326 complainants).

*Administrative complaint data by fiscal year is based on the annual Equal Employment Opportunity Commission’s (EEOC) 462 Report.  Federal agencies are required to submit their administrative complaint data annually no later than October 31st.  The 462 Report figures include EEO “mixed case” complaints but do not include class complaints. 

For the last five fiscal years of complaints filed, the top basis was reprisal, and the top issue was harassment (non-sexual).  To deter harassment and reprisal in the workplace, the Department provides multiple training courses through its Integrated Talent Management System (ITM) dealing with the prevention of harassment in the workplace for employees and supervisors.  Treasury has updated its policy titled, *Procedures for Addressing Allegations of Discriminatory Harassment*,**which instructs bureaus to establish and publicize procedures for reporting allegations of discriminatory harassment, conducting an inquiry, and making appropriate determinations based on the results of the inquiry.  It also requires bureaus to report all allegations of sexual harassment to their respective Inspector General office.**Treasury has a brochure titled, *Workplace Harassment: Your Rights and Responsibilities*, to educate Treasury employees on their rights and responsibilities as well as about the prevention of harassment in the workplace, which employees can access through the Department’s intranet site.  In addition, the Department developed a sexual harassment training module, available on ITM, for use throughout the Department.  As part of ongoing EEO training conducted by Treasury bureaus, managers receive information on the EEO complaint process, prohibited discrimination, retaliation, and agency liability when discrimination or retaliation is found.  The topic of reprisal is addressed in the Secretary’s annual EEO policy statement, as well as in No FEAR Act training provided to new hires and biennially to all employees. 

During FY 2022, the Department completed 96.3% of all investigations of EEO complaints in a timely manner, a 1.9% increase from the timely completion rate of 94.4% in FY 2021.  The Department continued to utilize a contract with the United States Postal Service to provide EEO investigative services, as well as a secondary contract with Martin-Miser, Inc. to supplement investigative services on an as needed basis.  The Office of Civil Rights and EEO (OCRE) continued to maintain the acceptance/dismissal and final agency decision functions for the Department. 

In FY 2022, the Department completed 786 informal EEO counselings, of which 97.7% were timely processed and 54.4% reached resolution through settlement or withdrawal.  The Department’s 54.4% resolution rate of informal EEO counselings demonstrates the Department’s commitment to minimize the effect of conflict that detracts from employee satisfaction and undermines organizational efficiency. 

The Department also provides information to managers and supervisors on alternative dispute resolution (ADR) techniques and encourages employees to consider this avenue when a complaint has been filed.  The Department has a policy titled, *Management Participation in Alternative Dispute Resolution (ADR) During the Equal Employment Opportunity (EEO) Process*, which requires management participation in ADR if the issue is suitable for ADR and ADR is elected by the complainant.  For FY 2022, the Department established a goal of 45% ADR participation rate in the informal and 20% in the formal complaint process.  For ADR in the informal process, the Department had a 48.6% participation rate, and in the formal process had an 9.2% participation rate. 

Through the Treasury Shared Neutrals (TSN) Program, Treasury maintains a nationwide cadre of certified and highly trained neutrals (also known as mediators).  TSN mediators are employees from various Treasury bureaus trained in the art of mediation who voluntarily serve on a collateral-duty basis.  Their objective is to assist bureaus in resolving all types of workplace disputes at the earliest stages of the conflict and to provide a resolution through mediation, facilitation, and coaching.  In FY 2022, the TSN program completed 221 mediations and had a 39% resolution rate.  In FY 2023, OCRE’s administration of the TSN program will discontinue and all ADR request coordination will be transferred to each bureau for their direct processing and coordination, as well as securing mediators through their bureau-specific mediator contracts.

As part of the Department’s annual dispute prevention in the workplace training, a virtual training titled, *Cognitive Bias and Conflict,* was held in May 2022,**which 140 employees attended.

Lastly, during FY 2022, there were no class complaints filed against the Department.

**B.  Actions Taken to Improve Agency Complaint or Civil Rights Program**

The Department continually reviews all aspects of its workforce demographics to ensure we are putting in place the right human capital and EEO initiatives, policies, and training programs to meet the needs of our workforce to accomplish our mission.  Through this ongoing analysis, the Department gains practical knowledge and makes determinations on how best to address any shortcomings identified and how to advance the needs of the workforce. 

In FY 2022, the Department conducted the following activities based on its analysis of workforce demographics, training needs, and human capital initiatives:

· Conducted a review of the Bureau of Engraving and Printing (BEP) diversity and inclusion (D&I), external civil rights, ADR, reasonable accommodation, anti-harassment, and EEO complaint programs. 

· Assisted the Office of the Deputy Assistant Secretary of Human Resources/Chief Human Capital Officer (DASHR/CHCO) with the Human Capital Evaluation of the Office of the Comptroller of the Currency’s (OCC) EEO and D&I programs.

· Continued to implement the requirements to ensure compliance with Administration priorities in the following Executive Orders (EOs):  13985, *Advancing Racial Equity and Support for Underserved Communities Through the Federal Government*; 13988, *Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation*; and 14035, *Advancing Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce*. 

· Continued quarterly EEO Directors meetings with the Bureau EEO Officers to discuss EEO emerging issues, best practices, and concerns, and the various EEO programs and activities conducted by the Bureau EEO Offices.

· Provided assistance with Treasury’s Enterprise Business Solutions (EBS) to complete the FY 2022 transition from Monster Analytics to USAStaffing for applicant flow data.

· To further enhance Treasury’s commitment to diversity, equity, inclusion, and accessibility (DEIA), in June 2022, Treasury established the Office of Diversity, Equity, Inclusion, and Accessibility (ODEIA), which consists of three offices:  Office of Minority and Women Inclusion (OMWI), the OCRE, and the Equity Hub.

· Issued the Secretary’s annual EEO policy statement for FY 2022. 

· Continued to provide personal assistance services (PAS) for the Department’s severely disabled employees. 

· Distributed Treasury’s DEIA Strategic Plan (FY 2022-2026) to the Office of Personnel Management and Treasury Bureau EEO and D&I Officers.

· Continued to support all five Treasury-wide Employee Resource Groups through regular meetings, training events, and other outreach opportunities.

· Supported special emphasis programs (SEP) with education and awareness using trainings, observances, and activities. Created formal SEP working groups to develop Treasury-wide educational webinars and cultural events.

· Launched a Treasury-wide Disability Working Group, to create a platform for collaborating, gathering ideas, best practices, and resources to eliminate barriers in the disability program.

· Continued to successfully implement the Treasury-wide Reasonable Accommodation (RA) Tracking System to improve the timeliness and efficiency of providing reasonable accommodations for qualified persons with disabilities (PWD) and qualified persons with targeted disabilities (PWTD) in order to improve ability to track data around RAs.

· Treasury exceeded EEOC’s established goals for PWD (14.13%) and PWTD (3.23%) in the overall workforce.  

· Treasury exceeded EEOC’s established goals for PWD (14.33%) and PWTD (3.71%) in the GS-10 and below grades (13.86%) and in the GS-11 and above grades (2.72%).

· Maintained a cadre of certified trainers to assist the Department in providing Civil Treatment Training to the workforce.  

· Maintained secondary EEO investigation services contract with Martin-Miser & Associates.

· Conducted one 8-hour EEO counselor refresher training to support EEO credentialing of Bureau EEO Counselors.

· Started the process to transition to a new EEO Complaint Tracking System (ETK EEO), which is on track to be fully implemented in FY 2023. 

**Attachment A**

**Administrative Equal Employment Opportunity (EEO) Complaint Data**

#### (FY 2018 to FY 2022)

Data provided through Treasury’s iComplaints system.  The report reflects case data in iComplaints as of 10/31/2022 for the current and past five fiscal years.  Mixed cases are included in this report.  Class cases are not included.

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##### Attachment B

**Department of the Treasury No FEAR Act Training Plan**

The Department of the Treasury’s bureaus determine the training and tracking methods and timeframe to conduct biennial No FEAR Act, as amended, training.  In FY 2022, the Department offered two No FEAR Act training modules, one a refresher training for current employees and the other for new hires.  Both training modules’ content contains information on the Whistleblower Protection Enhancement Act (WPEA), as amended.

**Attachment C**

**Department of the Treasury**

**FY 2022 Administrative EEO Complaints Findings of Discrimination**

**and Corrective Actions**

The No FEAR Act, as amended, requires the Department to publicly post as well as report on the following information regarding administrative EEO complaints findings of discrimination:  the date of the finding; the affected Federal agency; the law violated; and whether a decision has been made regarding disciplinary action because of the finding.  The Department’s public posting can be found at: https://home.treasury.gov/footer/no-fear-act.  The Department had a total of seven (7) administrative EEO complaints findings of discrimination in FY 2022.  

Complaints Filed FY 2018 to FY 2022

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