ATTACHMENT 1 —~MANDATORY CORE TRAINING = DTRA Policy 17-12

DTRA ARMY SERVICE MEMBERS

4 ATTACHMENT 1


NoFEAR Analysis Report

b. 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 $ Attributed to Adjustment to Agency Budget

Judgment Fund Attorneys’ Fees

c. In connection with the cases identified above, the total number of employees in each
Jiscal 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 (reprimand, suspension without pay, reduction in grade or pay, or removal) 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)).

# of Nature of Disciplinary Action
Employees (reprimand, suspension without
Statute le ia eas
Disciplined —_ pay, reduction in grade or pay, or

removal.)
Title VII, Civil Rights Act of 1964 5 Suspensions (2)
42 U.S.C. 2000e-16 Reprimands (3)
Age Discrimination in Employment 5 Suspensions (2)
Act Letter of Counseling (1)
29 U.S.C. 631, 633a Reprimand (2)
Fair Labor Standards Act of 1938 0 NA
29 U.S.C. 206(d)
Section 501 of Rehabilitation Act 2) Removal (1)
29 U.S.C. 791 Letter of Reprimand (1)
Equal Pay Act 0 NA
29 U.S.C. 206(d)
Whistleblower Protection Act 0 NA
5 U.S.C. 2302(b)(1)
Matters that did NOT result in a 0 NA
federal court case

d. 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)).

See Appendix A - http://www.dtra.mil/Home/DTRA-No-Fear-Act-Reporting/

e. 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



NoFEAR Analysis Report

APPENDIX C

DTRA’s NoFEAR Act Training Plan has been incorporated into the Agency’s “Designation of
Mandatory Core Training for Civilian Employees and Military Personnel.” All civilian
Employees are required to take the “Federal Employee Antidiscrimination and Retaliation Act of
2002 (NoFEAR Act) Training” via Joint Knowledge Online (JKO). The training covers the
rights and remedies under Federal antidiscrimination, retaliation, and whistleblower protection
laws. This training is launched, managed and tracked via the Agency’s Learning Management
System (LMS). Currently, civilian employees are required to take this training once upon arrival
and every two years thereafter.

DTRA conducts monthly Civil Treatment Training for all supervisors, and refresher/newcomers

training on a monthly basis. In addition, the Agency conducts a biweekly Entrance Onboard
briefing for all new personnel in-processing into the Agency.

*The Agency’s Policy Letter and highlighted training plan is attached.



NoFEAR Analysis Report

an open door policy, employees may feel more empowered, without the fear of retaliation
from their supervisors or managers; also the integration of JIDO into DTRA maybe another
contributing factor.

c. Practical Knowledge Gained Through Experience

We intentionally marketed the ADR program and increased the number of individuals that
selected ADR, which decreased the number of individual complaints who pursued the formal
process. This FY, 97% of the employees who expressed an interest in filing a complaint was
offered ADR. NUMBER OF MEDIATIONS CONDUCTED--mediations were conducted and
we were able to settle 5 complaints (4 settled at the informal stage and 1 at the formal stage).
This is a good news story, considering there were no employees interested in participating in
ADR in FY17. Practical knowledge gained is that we will market this program to give the
workforce a positive view of participating in some form of ADR, e.g., mediation, facilitation,
etc.

d. Actions Planned or Taken for Improvement Measures

EO will build a campaign around the use of ADR. We must gain buy-in from the leaders as
well as employees; however, the only way to successfully accomplish this, would be to explain
how participating in ADR, benefits both parties. A win-win solution. The challenge that we
have is getting management to view ADR through a lens that benefits them and gain an
understanding of why ADR is a business necessity. With the hiring of additional personnel,
there are additional resources dedicated to the Anti-Harassment Program, which is another
avenue of redress for employees to express their concerns of real or perceived harassment
swiftly.

IV. CONCLUSION

The DTRA EO office is working on their Strategic Plan for FY19. The plan for FY19 is to get
out in front of possible issues and/or climate concerns that can negatively affect the mission. In
other words, DTRA EO will be more active and less reactive.



NoFEAR Analysis Report

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
CFR. 724.302(a)(6)).

See Appendix B

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

See Appendix C
Il. ANALYSIS

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 (5 C.F.R. 724.302(a)(7)).

a. Examination of Trends

| Number of Formal Complaints Filed
| FY 2014 - FY 2018

35
30
25
Se
Sean
fy peg ee

FY 2014 FY 2015 FY 2016 FY2017 FY 2018

b. Causal Analysis

EEO complaints in DTRA have substantially trended up, between FY17 and FY18. There are
several factors which could be reasonably believed to have contributed to this precipitous
trend in FY18. There were complaints filed in the previous fiscal year, which were
overlooked, due to a transition in leadership; DTRA inherited 2 complaints from Army that
were filed in a previous fiscal year or later in FY18; also, the onboarding of the Agency
Director, who made his support of the EO program clear to the workforce. With his initiating

3


NoFEAR Analysis Report

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, “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 non-merit 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.

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



DEFENSE THREAT REDUCTION AGENCY
8725 JOHN J. KINGMAN ROAD, STOP 6201
FORT BELVOIR, VA 22060-6201

January 7, 2019

MEMORANDUM FOR DIRECTOR, OFFICE FOR DIVERSITY, EQUITY & INCLUSION,
OFFICE OF THE SECRETARY OF DEFENSE (OSD)
PERSONNEL & READINESS

SUBJECT: FY18 EEOC NoFEAR Analysis Report for the Defense Threat Reduction Agency
(DTRA)

Enclosed is the fiscal year 2018, EEOC NoFEAR Analysis Report for the Defense Threat
Reduction Agency (DTRA). The Complaints in DTRA substantially increased from FY17.

There were 21 formal complaints opened in FY18; however, one was settled and three
were dismissed. The statutes cited for the 21 formal complaints filed are Title VII, Civil Rights
Act of 1964, 42 U.S.C. 2000e-16; Age Discrimination in Employment Act, 29 U.S.C. 631,633a;
and Section 501 of Rehabilitation Act, 29 U.S.C.791.

There were 12 employees that were disciplined in FY18. There were 4 suspensions, 6
reprimands, | letter of counseling, and 1 removal. Statues cited were Title VII, Civil Rights Act
of 1964,42 U.S.C. 2000e-16, Age Discrimination in Employment Act, 29 U.S.C. 631.633a, and
Section 501 Rehabilitation Act, 29 U.S.C. 791.

The DTRA EO office is working on our Strategic Plan for FY19, which will address
climate concerns and becoming more proactive opposed to being reactive, as it relates to
complaints.

If you have any additional questions or concerns please contact me at 571.61.616.4544 or
Mrs. Marilyn J. Whitley at 571.616.4926 or marilyn.j.whitley.civ@mail.

MLM BO
Willisa M. Donald

Director, Equal Opportunity and
Diversity Programs Office

Attachment:
As Stated


DTRA Policy 17-12

This policy is effective immediately.

FOR THE DIRECTOR:
Teresa M. Pitts
Chief of Staff
Attachment:

1. Mandatory Core Training Tables


DEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGMAN ROAD, STOP 6201
Fort BELvoir, VA 22060-6201

JUN 1 9 2017
MEMORANDUM FOR DISTRIBUTION C

SUBJECT: Policy 17-12, Designation of Mandatory Core Training for Defense Threat
Reduction Agency (DTRA) Civilian Employees and Military Members

There are several training requirements mandated by various statutes and Department of
Defense (DoD) issuances for all DoD civilian employees and military members. There are
additional mandatory training requirements for all DoD supervisors. These prescribed training
requirements encompass mandatory core training for civilian employees and military members,
as reflected in Attachment 1. Mandatory training requirements that apply only to specific target
audiences are not included in this memorandum as each will be managed and administered as
appropriate by the respective course proponent.

Course proponents will work with the Human Resources Directorate (J1) to provide
appropriate and updated course information in the Leaning Management System (LMS).
Course proponents have primary responsibility to oversee personnel compliance with initial and
refresher training requirements for their courses.

Civilian employees must register for classroom training or complete online training via
LMS. Military members should take any training required by their Service through the DTRA
LMS and will be directed to their Service-specific training system for all online training, thereby
receiving credit in both training systems.

Supervisors will ensure their employees complete mandatory training within the
designated timeframe and may view the training status of their employees via LMS. Individuals
should contact the J1 Workforce Development Division to request an update of any completed
training not recorded in LMS. Email links for the LMS Administrator, Military Training
Administrator, and Workforce Development Division points of contact may be found at
http://dtral/j1/cmd/wdo/lms/default.aspx.

Several mandatory training courses are applicable to contractors working under DTRA
contracts; however, unless these requirements are included in the contract, they cannot be
mandated. Contractors should contact their Contracting Officer’s Representative to identify
mandatory training requirements.

Geographically separated units experiencing difficulty accomplishing mandatory training
requirements should contact the J1 Workforce Development Division for assistance.


NoFEAR Analysis Report

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

Complaints ty Haste Previous Fiscal Year

Note: Complaints can be filed

alleging multiple bases. The 2014 2015 2016 2017/2018.
sum of the bases may not

eaual total

Race 3 4 1 3 6
Color 0 2 0 3 3
Religion 1 0 0 | 0 0
Reprisal 3 3 6 3 ‘
Sex 4 5 0 7 7
PDA 0/;0;,0);0)0
National Origin 8 |} 3 }|6)|0 | 2
Equal Pay Act 0/0;)0);0)0
Age 4 | 3 0 1 7
Disability 1 3 5 | 2 | 2
Gina 0/0 ;,0);)0)0

*http://www.dtra.mil/Home/DTRA-No-Fear-Act-Reporting/



NoFEAR Analysis Report

I. INTRODUCTION

Highlight accomplishments. Do Not describe the NoFEAR Act.

Pursuant to Section 203 of the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (NoFEAR Act), Public Law 107-174, the Defense Threat Reduction
Agency (DTRA) hereby submits its Annual Report for Fiscal Year (FY) 2018.

In Fiscal Year 2018, 21 complainants filed formal complaints of discrimination, 3 were
dismissed IAW 29 C.F.R 1614, and 1 was settled using ADR. Therefore, 17 complaints were
accepted for further processing, an increase of 8 compared to FY17. The most cited bases for
complaints in FY18, were age, sex, race, and reprisal. Most cited issue was harassment,
sixteen out of the seventeen formal complaints filed, cited harassment (non-sexual). DTRA has
instituted its Anti-Harassment Program that will provide DTRA employees another avenue to
address disputes when they are not EEO centric and ensure harassment issues are handled in a
swift manner.

Il. REPORTING REQUIREMENTS

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

Cases Resolved in Cases
Pending
| at Close

of FY18

Cases
Statute Opened in
FY18

Title VII, Civil Rights Act of 1964 17
42 U.S.C. 2000e-16

Age Discrimination in Employment Act 7 0 0 7
29 U.S.C. 631, 633a

Fair Labor Standards Act of 1938 0 0 0 0
29 U.S.C. 206(d)

Section 501 of Rehabilitation Act 2 0 0 2
29 U.S.C. 791

Equal Pay Act 0 0 0 0
29 U.S.C. 206(d)

Whistleblower Protection Act 0 0 0 0
5 U.S.C. 2302(b)(1)



ATTACHMENT 1 ~MANDATORY CORE TRAINING = DTRA Policy 17-12

Title

Antiterrorism Level I

Antiterrorism Level I
Refresher

Combating Trafficking
in Persons

Counterintelligence
Awareness

Cyber Awareness
Challenge

Equal Opportunity
(EO) Training
ESOH Awareness
Training
Freedom of Information
Act (FOIA)

Initial Ethies Training

Marine Corps - Records
Management Training
Marine Corps - The
Marine Corps
Operations Security
Program
Marine Corps -
Tobacco Cessation
Marine Corps -
Violence Prevention
Awareness Training

No FEAR Act

Operations Security
(OPSEC) - Initial
Prevention of Sexual
Harassment (POSH)
Privacy Act and
Personally Identifiable
Information
Initial Security
Awareness
Security Awareness -
Refresher

DTRA MARINE CORPS SERVICE MEMBERS

OPR*
J29

J29

Ji

J29

J6IOC

JOXE

J4E

JOGC

JOGC

J13

J13

J13

S13

JOXE

J29

JOXE

JOGC

Frequency **
Once upon arrival

Annual

Upon arrival, annually
thereafter by FY, due by
Sep 30 each year
Within 30 days of arrival,
annually thereafter
Prior to accessing DTRA
network, annually
thereafter

Once upon arrival

Upon arrival, every 3
years thereafter
Upon arrival, every 3
years thereafter

Once upon arrival

Annual

Annual

Annual

Annual
Upon arrival, every 2
years thereafter
Once upon arrival

Upon arrival; every 3
years thereafter

Upon arrival, annually
thereafter

Once upon arrival

Annual

a Delivery/
Designating Source Length
DoDI 2000.16 (Page 28, Paras Classroom.
E3.24 and E3.25) 1.5 hours
DoDI 2000.16 Cathe
2 hours
DoDI 2200.01 pale
1 hour
DoDD 5240.06 Glesiaet
1 hour
Online
DoD 8570.01-M 1.25 hours
Subpart 1614.102(a)(5) of Classroom
Title 29, CFR 1 hour
Volume 410 of DoDI 1400.25; Online
DoD Instruction 6055.01 45 minutes
DoD 5400.7-R (Page 85, Para Online
1) 30 minutes
DoD 5500.7-R (Para 11-300) Classroom
1 hour
DoD Instruction 5015.2 Online
30 minutes
MCO 3070.2A Outs
30 minutes
Online
MCO 1700.29 30S
Online
BAGO seius) 30 minutes
Public Law 107-174, No Online
FEAR Act 1 hour
DoDD 5205.02E Css oem
1 hour
Volume4100fDopr140025) Online
30 minutes
Online
DoD 5400.11-R (Page 68-69) BO nies
Volume 3 of DoDM 5200.01 Classroom
(Page 75-83) 1 hour
Volume 3 of DoDM 5200.01 Online
(Page 75-83) 30 minutes

ATTACHMENT 1


ATTACHMENT 1 ~MANDATORY CORE TRAINING = DTRA Policy 17-12

ADDITIONAL MANDATORY CORE TRAINING FOR

DTRA SUPERVISORS OF CIVILIAN EMPLOYEES AND/OR SERVICE MEMBERS

| Title OPR*
ESOH for Supervisors J4E

Roadmap to Success: Hiring qu
People with Disabilities

Supervisors Role in HR. wW
Management ***

Uniformed Services

Employment and qu
Reemployment Rights Act
(USERRA) Training
Veteran Employment
i Ji
Training

Frequency **

Once upon arrival

Once upon arrival

Upon arrival, every
3 years thereafter

Upon arrival,
annually thereafter,
due by July 31 each

year

Upon arrival,
annually thereafter

Delivery/
Designating Source ‘Length
Volume 410 of DoDI 1400.25; Online
DoD Instruction 6055.01 1 hour
Executive Order 13548; Online
January 12, 2012 Office of hGue
Personnel Management Memo
Part 412 of Title 5, CFR; DODD Gy,.<0 45m
1440.1; 29 CFR Subpart estiaaes
1614.102
Section 4335(a) of Title 38,
United States Code; OPM Online

USERRA Guidance Memo, 1 hour
dated September 10, 2013
Executive Order 13518 (lias

1 hour

* Office of Primary Responsibility. A link to the current mandatory training POC list can be found on the J1
LMS page (https://dtra 1/j 1/emd/wdo/Ims/default.aspx).
** Tnitial training (upon arrival) is expected to be completed within 90 days of an Entrance on Duty (EOD) date.
Employees who have not yet completed initial training are expected to do so within 90 days of signature of this
Policy. Annual training is due within 365 days of last completion, except as noted. In cases where there is a
separate course for initial and refresher, the refresher will be due within 365 days of the completion of the initial,

and then annually thereafter.

*** This course includes the Equal Opportunity for Supervisors and Military HR for Supervisors training

requirement as well.

ATTACHMENT 1


Table of Contents

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II. Reporting Requirements

Ill. Analysis . 3
a. Examination of Trend: 3
bs Causal Analysis .ssssssss:sscsessissssessnosssesovesossenesonssasssnsconsensscesscnscbascnscenscensessseavconvscnssenenueconsersoe 3
c. Practical Knowledge Gained Through Experience..........c.csssssssscsesssssssscecscsssseessseeseeseead 4
d. Actions Planned or Taken for Improvement Measures . 4

IV. Conclusion

Appendix A
Appendix B

Appendix C



Defense Threat Reduction Agency

Notification and Federal Employee
Antidiscrimination and Retaliation Act (NoFEAR)

Fiscal Year 2018 Report



ATTACHMENT 1 ~MANDATORY CORE TRAINING = DTRA Policy 17-12

TRA CIVILIAN EMPLOYEES AND NAVY SERVICE MEMBERS

ATTACHMENT I



ATTACHMENT 1 —-MANDATORY CORE TRAINING — DTRA Policy 17-12

DTRA AIR FORCE SERVICE MEMBERS

ATTACHMENT 1