Defense Threat Reduction Agency

Notification and Federal Employee 

Antidiscrimination and Retaliation (No FEAR) Act 

Fiscal Year 2020 Report
ii

Table of Contents

I. Introduction ............................................................................................................................. 2

II. Reporting Requirements ......................................................................................................... 2

III. Analysis................................................................................................................................ 5

IV. Conclusion ........................................................................................................................... 7

Watch Disability ............................................................................................................................. 7

Appendix A ..................................................................................................................................... 8

Appendix B ................................................................................................................................... 19

Appendix C ................................................................................................................................... 20
2 

I. Introduction

Pursuant to Section 203 of the Notification and Federal Employee Antidiscrimination 

and Retaliation Act of 2002 (No Fear Act), Public Law 107-174, the Defense Threat Reduction 

Agency (DTRA) hereby submits its Annual Report for Fiscal Year (FY) 2020. 

In FY 2020, 7 EEO complaints were filed against DTRA, 13 less than in FY 2019; 6 of 

the 7 went formal. In FY 2020, Sex and Disability were the most commonly filed bases. 

In FY 2020, the DTRA Equity, Diversity, and Inclusion Office (EI) took proactive 

steps to increase awareness of diversity and inclusion within the workplace to include: 

• Continued Civil Treatment EEO Training for employees monthly, supervisors quarterly. 

• Hosted five Race Relation Sessions creating a safe and supportive environment where 

the DTRA workforce could voice their experiences and concerns. 

• Established a Diversity and Inclusion Council and five Employee Resource Groups. 

• Hosted Diversity and Inclusion training (i.e. Generations in the workplace, Sexual 

Identity and Implicit/Unconscious Bias) 

II. Reporting Requirements

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 5 C.F.R. §724.102, in which an 

employee, former federal employee, or application alleged a violation of these laws, separating 

data by the provision of law involved (5 C.F.R. 724.302(a)(1)) and the status or disposition of 

such cases (5 C.F.R. 724.302(a)(2)(i)).

Statute

Cases 

Opened in 

FY20

Cases Resolved in 

FY20

Cases 

Pending

at Close 

of FY20

Settled Other

Title VII, Civil Rights Act of 1964

42 U.S.C. 2000e-16

6 3 5 30

Age Discrimination in Employment Act

29 U.S.C. 631, 633a

2 1 3 8

Fair Labor Standards Act of 1938

29 U.S.C. 206(d)

0 0 0 0

Section 501 of Rehabilitation Act

29 U.S.C. 791

4 2 7

Equal Pay Act

29 U.S.C. 206(d)

0 0 0 0

Whistleblower Protection Act

5 U.S.C. 2302(b)(1)

0 0 0 0

Genetic Information Nondiscrimination 

Act of 2008 (GINA) 

42 U.S.C. 2000ff

0 0 0 0
3 

2. The amount of money required to be reimbursed to the Judgment Fund by the agency 

for payments as defined in 5 C.F.R. §724.102 (5 C.F.R. 724.302(a)(2)(ii)), and the amount of 

reimbursement to the Fund for attorney’s fees where such fees have been separately designated

(5 C.F.R. 724.302(a)(2)(iii)), and any adjustment needed or made to the budget of the agency 

to comply with its Judgment Fund reimbursement obligation(s) incurred (5 C.F.R. 

724.302(a)(8)).

$ Reimbursed to 

Judgment Fund

$ from Judgment Fund 

Reimbursement 

Attributed to 

Attorneys’ Fees

Adjustment to Agency Budget to 

Comply with Judgment Fund 

Reimbursement Obligation

0.00 0.00 0.00

3. In connection with the cases identified above, the total number of employees in each 

fiscal year disciplined (reprimand, suspension without pay, reduction in grade or pay, or 

removal) and the specific nature of the disciplinary actions taken, separated by the 

provision(s) of law involved (5 C.F.R. 724.302(a)(3)) and the number of employees in each 

fiscal year disciplined in accordance with any agency policy, regardless of whether or not the 

matters are in connection to a federal court case (5 C.F.R. 724.302(a)(5)). 

Statute

# of 

Employees 

Disciplined

Nature of Disciplinary Action 

(reprimand, suspension without 

pay, reduction in grade or pay, or 

removal) 1

Title VII, Civil Rights Act of 1964

42 U.S.C. 2000e-16

1 Termination

Age Discrimination in Employment 

Act

29 U.S.C. 631, 633a

0

Fair Labor Standards Act of 1938

29 U.S.C. 206(d)

0

Section 501 of Rehabilitation Act

29 U.S.C. 791

0

Equal Pay Act

29 U.S.C. 206(d)

0

Whistleblower Protection Act

5 U.S.C. 2302(b)(1)

0

Genetic Information 

Nondiscrimination Act of 2008 (GINA) 

42 U.S.C. 2000ff

0

Matters that did NOT result in a 

federal court case

1 Termination

 

1 If possible, please provide the number of each disciplinary action. For example, if 4 employees were 

disciplined, 3 of whom were Suspended, 1 was Terminated, please state in the following way: Suspension (3); 

Removal (1)
4 

For Questions 4-10, if you check “NO,” please provide a brief explanation of your 

organization’s efforts to be compliant with this requirement, unless otherwise indicated.

4. Does your Component have a 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?

(5 C.F.R. 724.302(a)(6)). 

☒ Yes

☐ No: 

5. Does your Component have a written plan to train its employees? (5 C.F.R. 724.203(a) 

and 724.302(a)(9)).

☒ Yes

☐ No: 

6. Does your Component require No FEAR training to its employees every 2 years? (5 

C.F.R. 724.203(d)).

☒ Yes

☒ No: 

7. Does your Component require No FEAR training to its new employees within 90 

calendar days of new employee’s appointment? (5 C.F.R. 724.203(e)).

☒ Yes

☐ No: 

8. Does your Component provide notice to all of its employees, former employees, and 

applicants for Federal employment about the rights and remedies available under the No 

FEAR Act? (5 C.F.R. 724.202(a)).

☒ Yes

☐ No: 
5 

9. Does your Component post on its public website its EEO complaint data for FY 2020

and the year-end data for the 5 immediate preceding fiscal years? (Public Law 107-174,

section 301(c)).

☒ Yes. The link where this data can be found is: https://www.dtra.mil/Mission/EIAnnual-Reports/.

☐ No:

10. Did your Component submit its EEOC Form 462 for FY 2020 to the Office for

Diversity, Equity and Inclusion? (5 C.F.R. 724.302(a)(9)).

☒ Yes

☐ No. I have attached it to this submission.

III. Analysis

An analysis of the information provided 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 (5 C.F.R. 724.302(a)(7)).

a. Examination of Trends

FY17 FY18 FY19 FY20

Untimely Counseled 2 11 2 0

Counseled w/ Extension 8 20 6 1

Counseled in 30 Days 6 5 12 6

Total Counseled 16 36 20 7

38% 15% 60% 86%

50%

61% 30%

14%

12%

24%

16 10%

36

20

7

0

5

10

15

20

25

30

35

40

Number of Pre-Complaint Counselings & Timeliness

FY17 - FY20
6 

Reprisal Race Sex Age Disability National

Origin Color Religion GINA

2017 3 3 7 1 0 1 1 0 0

2018 12 8 7 7 2 2 3 0 0

2019 6 5 3 2 2 1 0 1 0

2020 3 3 4 2 4 0 2 0 0

0

2

4

6

8

10

12

14

Bases Filed by Fiscal Year

2017 2018 2019 2020

b. Casual Analysis

A review of the complaints show that the number of complaints filed have continued to 

decrease since FY 2018. The spike in FY 2018 is best explained by an increase in awareness of 

the EEO complaint process after the Agency Director distributed an email to all employees 

denouncing harassment in the workplace highlighting the process. The dramatic decrease in FY 

FY17 FY18 FY19 FY20

Untimely Investigation 7 3 0 0

Investigated w/ Extension 0 1 0 0

Investigated in 180 Days 3 12 11 3

Total Investigated 10 16 11 3

30%

75% 100%

100%

6%

70%

19%

10

16

11

3

0

2

4

6

8

10

12

14

16

18

Number of Formal Complaints & Timeliness of Investigations

FY17 - FY20
7 

2020 complaints is probably best explained by employees adjusting to abrupt changes to the 

workplace with the implementation of measures taken in response to COVID-19. We will 

continue to monitor trends in FY 2021. 

As complaints have decreased in FY 2020, the number of times a basis was claimed has also 

continued to decrease, with the exception of the basis of Disability. Disability went from 

making up 0% of claimed bases in FY 2017, to 5% in FY 2018, 10% in FY 2019 and 22% in 

FY 2020. Though the basis of Sex was claimed four times in FY 2020 compared to seven 

claims in FY 2018, the percentage of Sex-based claims increased from 17% to 22%, this is 

after seeing a dip in FY 2019 with three total claims of Sex or 15% of all of the bases claimed. 

In FY 2020, the amount of claims based on Color increased from FY 2019. 

c. Practical Knowledge Gained Through Experience

DTRA hosted a Technical Assisted Visit from EEOC as they reviewed our EEO program and 

provided valuable feedback with strengthening our overall program. We are in the process of 

fully implementing this feedback to include updating our EEO and Anti-Harassment policies 

with direct and enforceable language. The EI Office 

 

d. Actions Planned or Taken for Improvement Measures

The EI Office continues to rewrite the DTRA Alternative Disputes Resolutions Instruction and 

overhaul the ADR Program to get employees and management to attempt to resolve matters at 

their prior to turning to formal administrative processes. Also, the EI Office established a new 

position, which includes the duties of the Disability Program Manager. This position is 

responsible for increasing awareness of individuals with disabilities and their abilities within 

the workplace. As we see the increase in the number of Disability claims, we are focusing 

resources in this area. The EI Office will work with the Individuals with Disabilities and 

Women ERGs to develop more strategies in identifying and removing barriers. 

IV. Conclusion 

The DTRA EI Office will continue to track trends, particularly those involving Disability and 

Sex based claims of discrimination, as the workforce continues to operate with measure in 

place in response to COVID-19 and as we possibly begin to transition from fulltime telework 

back to the workplace. We will continue to leverage the D&I Council where possible in 

promoting inclusion of all demographics and seek opportunities for leadership involvement. 
8 

APPENDIX A

The final year-end data about discrimination complaints for each fiscal year that was posted in 

accordance with Equal Employment Opportunity Regulations 

29 C.F.R. §§1614.701, et seq. (5 C.F.R. 724.302(a)(4)). 

https://www.dtra.mil/Mission/EI-Annual-Reports/

Complaint Activity

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Number of Complaints Filed 8 16 36 20 7

Number of Complainants 5 16 36 20 7

Repeat Filers 1 3 9 3 3

Complaints by Basis 

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed 

alleging multiple bases.The sum 

of the bases may not equal total 

complaints filed.

2016 2017 2018 2019 2020 

Race 1 3 9 5 3

Color 0 1 4 0 2

Religion 0 0 0 1 0

Reprisal 6 3 13 6 3

Sex 0 7 12 3 4

PDA 0 0 0 0 0

National Origin 6 1 2 1 0

Equal Pay Act 0 0 0 0 0

Age 0 1 7 2 2

Disability 6 0 2 2 4

Genetics 0 0 0 0 0
9 

Complaint Activity

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Non-EEO 0 0 2 0 0

Complaints by Issue

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging multiple 

bases.The sum of the bases may not equal total 

complaints filed.

2016 2017 2018 2019 2020 

Appointment/Hire 0 0 0 0 0

Assignment of Duties 0 0 1 0 1

Awards 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0

Reprimand 0 0 0 0 0

Suspension 0 0 0 0 0

Removal 0 0 0 0 0

Other 0 0 0 0 0

Duty Hours 0 0 0 0 0

Evaluation Appraisal 0 0 0 0 0

Examination/Test 0 0 0 0 0

Harassment

Non-Sexual 7 2 17 1 3

Sexual 0 2 2 0 0

Medical Examination 0 0 0 0 0

Pay (Including Overtime) 0 0 0 0 0

Promotion/Non-Selection 0 0 3 0 1

Reassignment
10

Complaints by Issue

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging multiple 

bases.The sum of the bases may not equal total 

complaints filed.

2016 2017 2018 2019 2020 

Denied 0 0 0 0 0

Directed 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 3

Reinstatement 0 0 0 0 0

Religious Accommodation 0 0 0 0 0

Retirement 0 0 0 0 0

Sex-Stereotyping 0 1 1 0 0

Termination 0 0 1 0 1

Terms/Conditions of Employment 0 0 0 0 0

Time and Attendance 0 0 0 0 0

Training 0 0 0 0 0

Other 1 0 0 0 1

Processing Time

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Complaints pending during fiscal year

Average number of days in investigation 103.4 90.5 46 31 43

Average number of days in final action 19.5 90.5 0 106 43

Complaint pending during fiscal year where hearing was requested

Average number of days in investigation 245.85 25.5 0 56 189.17

Average number of days in final action 0 25.5 0 114 0

Complaint pending during fiscal year where hearing was not requested

Average number of days in investigation 59 0 0 5 0
11

Processing Time

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Average number of days in final action 347 0 0 83 0

Complaints Dismissed by Agency

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Total Complaints Dismissed by Agency 1 0 6 1 3

Average days pending prior to dismissal 13 0 82 0 28.33

Complaints Withdrawn by Complainants

Total Complaints Withdrawn by Complainants 5 0 5 2 0

Total Final Agency Actions Finding 

Discrimination

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

Total Number Findings 2 0 0 0 0

Without Hearing 0 0 0 0 0 0 0 0 0 0

With Hearing 2 100 0 0 0 0 0 0 0 0

Findings of Discrimination Rendered by 

Basis 

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging 

multiple bases.The sum of the bases may 

not equal total complaints and findings.

2016 2017 2018 2019 2020

# % # % # % # % # % 

Total Number Findings 2 0 0 0 0 

Race 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0

Reprisal 1 100 2 100 0 0 0 0 0 0
12

Findings of Discrimination Rendered by 

Basis 

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging 

multiple bases.The sum of the bases may 

not equal total complaints and findings.

2016 2017 2018 2019 2020

# % # % # % # % # % 

Sex 1 100 0 0 0 0 0 0 0 0

PDA 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 1 100 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0

Disability 1 100 1 100 0 0 0 0 0 0

Genetics 0 0 0 0 0 0 0 0 0 0

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

Findings After Hearing 3 2 0 0 0

Race 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0

Reprisal 1 100 2 100 0 0 0 0 0 0

Sex 1 100 1 100 0 0 0 0 0 0

PDA 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 1 100 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0

Disability 1 100 1 100 0 0 0 0 0 0

Genetics 0 0 0 0 0 0 0 0 0 0

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

Findings Without Hearing 0 0 0 0 0

Race 0 0 0 0 0 0 0 0 0 0
13

Findings of Discrimination Rendered by 

Basis 

Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging 

multiple bases.The sum of the bases may 

not equal total complaints and findings.

2016 2017 2018 2019 2020

# % # % # % # % # % 

Color 0 0 0 0 0 0 0 0 0 0 

Religion 0 0 0 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0 0 0 0

Sex 0 0 0 0 0 0 0 0 0 0

PDA 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 0 0 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 0 0 0 0

Genetics 0 0 0 0 0 0 0 0 0 0

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

Findings of Discrimination Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

Total Number Findings 2 0 0 0 0

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

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

Awards 0 0 0 0 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0
14

Findings of Discrimination Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

Removal 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0

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

Evaluation Appraisal 0 0 0 0 0 0 0 0 0 0

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

Harassment

Non-Sexual 0 0 2 100 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0

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

Pay (Including Overtime) 0 0 0 0 0 0 0 0 0 0

Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0

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

Reinstatement 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0

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

Training 0 0 0 0 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0 0 0 0 0

Findings After Hearing 2 0 0 0 0

Appointment/Hire 0 0 0 0 0 0 0 0 0 0
15

Findings of Discrimination Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

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

Awards 0 0 0 0 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0

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

Evaluation Appraisal 0 0 0 0 0 0 0 0 0 0

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

Non-Sexual 2 100 0 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0

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

Pay (Including Overtime) 0 0 0 0 0 0 0 0 0 0

Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0
16

Findings of Discrimination Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0

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

Training 0 0 0 0 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0 0 0 0 0

Findings Without Hearing 0 0 0 0 0

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

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

Awards 0 0 0 0 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0

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

Evaluation Appraisal 0 0 0 0 0 0 0 0 0 0

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

Harassment

Non-Sexual 0 0 0 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0

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

Pay (Including Overtime) 0 0 0 0 0 0 0 0 0 0

Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0
17

Findings of Discrimination Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

# % # % # % # % # %

Reassignment

Denied 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0

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

Training 0 0 0 0 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0 0 0 0 0

Pending Complaints Filed in Previous Fiscal 

Years by Status 

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Total complaints from previous Fiscal Years 25 16 16 24 34

Total Complainants 25 16 16 19 32

Number complaints pending

Investigation 4 9 5 0 0

ROI Issued, Pending Complainant's Action 0 1 0 0 0

Hearing 11 5 20 20 22

Final Agency Action 0 0 3 4 6

Appeal with EEOC Office of Federal Operations 3 3 3 2 4
18

Complaint Investigations 

Comparative Data

Previous Fiscal Year Data

2016 2017 2018 2019 2020

Pending Complaints Where Investigations Exceed 

Required Time Frames 1 1 0 0 0 
19

APPENDIX B

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

(5 C.F.R. 724.302(a)(6)).

DTRA Instruction 1400.25-M, Subchapter 752, “Civilian Disciplinary and Adverse Actions” 

explains, “In deciding whether to take an action under this volume, there may be no 

discrimination against an employee for political beliefs, marital status, disabling condition, sex, 

race, religion, color, national origin, age, sexual orientation, genetic discrimination, or other nonmerit factors.”

Supervisors are accountable for initiating disciplinary or adverse action in a nondiscriminatory 

and impartial manner.

Punishment for a charge of discrimination that is inconsistent with Federal Antidiscrimination 

Laws and Whistleblower Protections Laws or for conduct that constitutes a prohibited personnel 

practice can range from a Letter of Reprimand to Removal from Federal Service.
20

APPENDIX C

The agency’s written plan to train its employees (5 C.F.R. 724.302(a)(9)).

Section 202(c) of the No FEAR Act requires Federal agencies to provide training to their 

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

whistleblower protection laws. 

DTRA’s No FEAR Act Training Plan has been incorporated into the Agency’s “Designation of 

Mandatory Core Training for DTRA Civilian Employees and Military Personnel,” (not a public 

document). All Civilian employees are required to take “The No FEAR Act” v2.2, which is 

provided online by Skillsoft. The training outlines federal employees’ rights and remedies under 

Federal antidiscrimination, retaliation, and whistleblower protection laws and provides details on 

how the No FEAR Act is implemented. This training is launched, managed and tracked via the 

Agency’s LMS. Currently, civilian employees are required to take this training once upon 

arrival and once every two years thereafter.