U.S. ELECTION ASSISTANCE COMMISSION

Fiscal Year 2020

Annual Report to Congress on the Notification 

and Federal Employee Antidiscrimination and 

Retaliation Act of 2002

Fiscal Year 2020
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I. EXECUTIVE SUMMARY

The U.S. Election Assistance Commission (EAC) is an independent federal agency under the 

Executive Branch of the United States government. The agency was established by the Help 

America Vote Act of 2002 (HAVA) and is a bipartisan commission charged with developing 

guidance to meet HAVA requirements, adopting voluntary voting system guidelines, and serving 

as a national clearinghouse of information on election administration. EAC also accredits testing 

laboratories and certifies voting systems, as well as audits the use of HAVA funds. Other 

responsibilities include maintaining the national mail voter registration form developed in 

accordance with the National Voter Registration Act of 1993. The agency’s mission is to help 

election officials improve the administration of elections and to help Americans participate in the 

voting process.

Building and maintaining a diverse workforce that thrives within an equitable and inclusive work 

environment is essential to EAC’s mission. Leadership recognizes the intrinsic relationship 

between diversity and excellence in all EAC endeavors and reaffirms its commitment to 

employment equity, affirmative action and workforce diversity. Actively recruiting a qualified 

and diverse workforce, as well as making every effort to provide an inclusive work environment 

that is free of discrimination and harassment, are essential steps toward fulfilling moral, ethical 

and legal obligations. 

Looking back on 2020, EAC assisted state and local election officials as over 150 million 

Americans voted. The successful administration of the 2020 election provided reassurance that 

the foundation of America’s democracy thrived amid record voter participation and despite a 

global pandemic. This was in no small part because of the herculean efforts by state and local 

election officials. Many of the successful measures they developed this year should improve the 

voting experience in future elections, like increasing the pool of poll workers and improving 

absentee/mail ballot operations.

EAC is organized into six divisions (Research, Communications, Testing and Certification, 

Cyber Security, Information Technology, and Administration). As of September 30, 2020, the 

EAC had a total workforce of 38 employees.

This report, which covers FY 2020, is prepared and provides its Annual Report to Congress as 

required by Title II, Section 203 of the Notification and Federal Employee Antidiscrimination 

and Retaliation Act of 2002 ("No FEAR Act" or "Act"), Public Law 107-174. The No Fear Act 

aims to reduce the incidents of workplace discrimination within the federal government by 

holding agencies and departments accountable for violations of antidiscrimination and 

whistleblower protection laws, and requires an annual report. 

The agency’s Administrative Officer, who reports to the Executive Director, took on the 

collateral duty of EEO Official in FY 2020 and continued the process of engaging stakeholders, 

strengthening leadership commitment, exploring additional resources and advocating for further 

change. 
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Specifically, the EEO Official:

• Advised senior leadership on EEO and diversity-related matters.

• Continued to refine a diversity management program, which includes onboarding, 

employee engagement, and training. 

• Searched for an applicant flow system for statistical analysis of diversity and inclusion 

metrics to identify barriers, prioritize initiatives, set program goals, assign accountability 

and measure the impact of initiatives.

• Assisted and encouraged Human Resources Programs and Services (HR) to utilize 

targeted recruitment to maintain a skilled, diverse, and effective workforce in order to

ensure that it has a variety of perspectives involved in decision making. 

EAC continues to be diligent in fully utilizing the shared services of the General Services 

Administration’s (GSA) Office of Civil Rights (OCR) to process EEO complaints, investigations 

and Final Agency Decisions. Again, the agency had no formal complaints due to the diligent 

work of t HR. With an in-house EEO representative, we expect this trend to continue due to an

ongoing increased effort to actively seek resolution during the initial intake and/or the informal 

counseling process. 

II. INTRODUCTION

During FY 2020, EAC was not a party to any Federal district court cases, and as a result, the 

agency was not required to reimburse the Judgment Fund during FY 2019. No EAC employees 

were disciplined for discrimination, retaliation, harassment, or other infractions of a provision of 

law cited in the No FEAR Act stemming from Federal district court actions. There were no Equal 

Opportunity (EO) complaints filed against EAC during FY 2020. 

The No FEAR Act requires Federal agencies to submit an annual report to the Speaker of the 

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

Security & Governmental Affairs of the Senate, the Committee on Government Reform of the 

House of Representatives, each committee of Congress with jurisdiction relating to the agency, 

the Attorney General, and the Equal Employment Opportunity Commission (EEOC). 

Additionally, the U.S. Office of Personnel Management's final regulation on the No FEAR Act 

issued on December 28, 2006, requires that the Office of Personnel Management receive a copy 

of the report. This report is submitted by EAC to satisfy these reporting requirements.

III. BACKGROUND

The No FEAR Act was signed into law by President George W. Bush on May 15, 2002, and

became effective on October 1, 2003. The Act requires Federal agencies to be accountable for 

violations of anti-discrimination and whistleblower protection laws and to post certain statistical 

data relating to Federal sector EEO complaints filed with the agency. Section 203 of the No 

FEAR Act requires that each Federal agency submit an annual Report to Congress not later than 

one-hundred eighty (180) days after the end of each fiscal year. Agencies must report on the 
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number of Federal district court cases arising under each of the respective areas of law specified 

in the Act in which discrimination was alleged; the status or disposition of cases; the amount of 

money required to be reimbursed; the number of employees disciplined; any policies 

implemented related to appropriate disciplinary actions against a Federal employee who 

discriminated against any individual or committed a prohibited personnel practice; and an 

analysis of the data collected with respect to trends, causal analysis, etc. The President delegated 

responsibility to the Office of Personnel Management (OPM) for the issuance of regulations 

governing implementation of Title II of the No FEAR Act. The OPM published final regulations 

on May 10, 2006, concerning the reimbursement provisions of the Act; final regulations to carry 

out the notification and training requirements of the Act, on July 20, 2006; and the final 

regulations to implement the reporting and best practices provisions of the Act on December 28, 

2006. EAC has prepared this report based on the provisions of the No FEAR Act, along with the 

final regulations issued by the OPM and the EEOC.

IV. DATA

A. Cases

Section 203(1) of the No FEAR Act requires that agencies include in their annual Report to 

Congress "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." Section 724.302 of OPM's final regulations issued on December 28, 2006, 

clarifies section 203 (1) of the No FEAR Act, stating that Federal agencies report on the 

"number of cases in Federal Court pending or resolved ... arising under each of the respective 

provisions of the Federal Anti-discrimination laws and Whistleblower Protection laws 

applicable to them ... 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.”

EAC reports that during FY 2020, there were no Federal district court discrimination cases 

resulting in payments from the Judgment Fund on behalf of the Agency. 

B. Reimbursement to the Judgment Fund 

OPM published final regulations in the Federal Register on January 22, 2004, and was finalized

on May 10, 2006, to clarify the agency reimbursement provisions of Title II of the No FEAR 

Act. These regulations state, among other things, that the Financial Management Service, U.S. 

Department of the Treasury (FMS), will provide notice to an agency's Chief Financial Officer 

within 15 business days after payment from the Judgment Fund. The agency is required to 

reimburse the Judgment Fund within 45 business days after receiving the notice from FMS or 

must contact FMS to make arrangements, in writing, for reimbursement. 

No discrimination cases were filed in Federal district court against EAC during FY 2020.
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C. Disciplinary Actions

Section 203(a)(4) of the No FEAR Act requires that agencies include in the annual Report to 

Congress "the number of employees disciplined for discrimination, retaliation, harassment, or 

any other infraction of any provision of law referred to in paragraph (1)." Section 203(a)(l) 

requires that agencies report "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." OPM’s final regulation issued December 28, 2006, 

provides that these cases refer to the number of discrimination cases for which the Judgment 

Fund paid on behalf of the agency. The regulations also define disciplinary actions to include 

any one or a combination of the following actions: reprimand, suspension without pay, 

reduction in grade or pay, or removal. 

EAC reports that there were no disciplinary actions arising from any Federal district court 

discrimination cases.

D. Final Year End Data

The final year-end data posted pursuant to Section 301(c) (1) (B) of the No FEAR Act are 

included in Appendix A. 

The final year-end data indicates that during FY 2020, there were no complaints of 

discrimination.

E. Policy Direction on Disciplinary Actions

Section 203(a)(6) of the No FEAR Act requires that agencies include in their Annual Report to 

Congress a detailed description of the policy implemented by the agency relating to disciplinary 

actions imposed against a Federal employee who discriminated against any individual in 

violation of any of the laws cited under section 201(a) (1) or (2), or 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). Further, the Act requires that, 

with respect to each such law, the Federal agency report on the number of employees who were 

disciplined in accordance with such policy and the specific nature of the disciplinary action 

taken. 

The Executive Director issues primary policy statements that reinforce the Commission's 

commitment to establish a workplace free from discrimination, harassment, and retaliation. 

EAC's employees are accountable for their actions in accordance with EAC’s Workforce 

Diversity Policy Statement (See Appendix B), and EAC’s revised Anti-Harassment Policy (See 

Appendix C). 

The first statement emphasizes EAC's determination to subject employees to appropriate 

disciplinary action for engaging in unlawful discriminatory practices or allowing discriminatory 

practices to exist. The second statement communicates EAC 's zero tolerance of harassment 
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against employees on the basis of race, color, national origin, gender, age, religion, sex, 

disability, gender identity or expression, sexual orientation, political affiliation, marital or 

parental status, military service, or engaging in a protected activity. Both of the statements 

caution that engaging in prohibited behavior will result in appropriate disciplinary actions.

F. No FEAR Training

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

employees on the rights and remedies under Federal Anti-discrimination laws and Whistleblower 

Protection laws. Under Section 724.203, Federal agencies were required to develop a written 

training plan and to have trained their employees by December 1, 2006, and every two years 

thereafter. Under implementing regulations, new employees are to receive No FEAR Act training 

within 90 days of appointment, which can be met through an agency orientation or training 

program. 

EAC’s Administrative Officer established a training plan that new onboarding staff must 

complete, and all employees must repeat every two years. EAC has a subscription for LRP 

Publications’ No Fear Act e-learning course. Internet-based, the course is available to all EAC 

employees and enables the agency to ensure that employees complete the required training. Even 

though the requirement is biennial, due to staff turnover and the ease of implementing the 

training online, we have implemented the training annually. 

V. ANALYSIS OF TRENDS, CAUSAL ANALYSIS AND PRACTICAL KNOWLEDGE 

GAINED THROUGH EXPERIENCE

Section 203(7) of the No FEAR Act requires that agencies undertake "an examination of trends, 

causal analysis, and practical knowledge gained through experience and any actions planned or 

taken to improve complaint or civil rights programs of the agency." 

EAC has examined the information reported and finds that, since the effective date of the No 

FEAR Act, there has been only one EEO complaint filed and no Federal district court hearings. 

This statistic illustrates EAC's ongoing effort and commitment to maintaining a diverse and an 

inclusive workforce as well as a diverse workplace environment. 

Conducted at least biennially, No FEAR Act training also contributes to EAC's low complaint 

total.

EAC's compliance and review under this section illustrates the diversity of our total workforce. 

As was reported in EAC's MD-715 Report to the EEOC for FY 2020, of the 3 employees at the 

Executive level (Pay band V) and 13 at the Senior-level (Pay band IV), 31 percent are male and 

69 percent are female. Looking at race and ethnicity at those levels, 62 percent are White, 15 

percent are Black, 8 percent are Hispanic or Latino and Asian representation is 15 percent. The 

Mid-level (Pay band III) has 7 male employees and 5 female employees. The race and ethnicity 

breakdown at that level is 42 percent White, 42 percent Black, 8 percent Hispanic or Latin and 8 

percent Asian. Looking at disabled employment for FY 2020, EAC has a total workforce with 16
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percent disability status (one of EAC employee has a targeted disability). EAC will continue its 

effort to recruit qualified disabled employees in FY 2021.

VI. ADJUSTMENT TO BUDGET

Section 203(a) (8) of the No FEAR Act requires that agencies include in their annual report to 

Congress information about "any adjustment (to the extent the adjustment can be ascertained in 

the budget of the agency) to comply with the requirements under section 201." 

EAC did not provide any adjustment.

VII. EAC'S ACTIONS PLANNED/TAKEN TO IMPROVE CIVIL RIGHTS 

PROGRAMS

A. EAC continually seeks to improve its processes for preventing and addressing 

discrimination. This includes offering training for staff and executive/senior level 

management, and improving the agency's EEO policies and procedures.

B. Managers and supervisors are instructed to take the legislation seriously and are held 

accountable for their actions or inactions in accordance with established disciplinary 

policies and procedures and performance evaluations.

C. EAC will continue to encourage a healthy EEO/diverse and inclusive environment by 

including employee engagement, retention, and focus on corporate culture, mentoring, 

and management skills training in the overall employee training plan. Training will be 

provided to all managers and senior leaders on unconscious bias, soft skills, conflict 

resolution, and mentoring.

D. EAC will explore using alternate dispute resolution methods to resolve workplace 

conflicts so that they can be resolved swiftly and at a high rate. 

E. EAC will acknowledge that changes and growth in the workplace tend to trigger more 

complaints. Therefore, better communication from leadership to all employees about 

changes to policies, practices, and ongoing reorganizations, will be utilized to mitigate 

any future complaints. When employees are potentially affected by change, timely and 

candid communication from all levels is essential to avoiding workplace conflict and/or 

complaints.

F. Continue to partner with organizations that have and/ or represent a large population of 

qualified PWTD’s, such as local colleges and universities, local Vocational 

Rehabilitation service providers and the Employer Assistance & Recruiting Network 

(EARN).
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G. Utilize OPM’s Bender List and local Vocational Rehabilitation centers as sources to 

recruit Schedule A applicants.

H. In collaboration with HR, meet with each program area quarterly to provide information 

on EEO Program plans and updates, workforce demographics, recommendations to 

increase participation rates of underrepresented groups and to discuss projected vacancies 

and recruitment strategies.

I. Review of policies, procedures and practices to identify any barriers.

J. Finalize EAC’s performance management system and reinstate Awards program.

K. Enlist the assistance of an EEO contractor to conduct a thorough barrier analysis to 

identify existing or perceived barriers to equal employment and to further develop EEO 

plans to eliminate identified barriers.

L. Conduct Anti-Harassment, Reasonable Accommodation, and Diversity training.

M. In collaboration with human resources, recruitment to develop recruitment, outreach and 

retention strategies for people with disabilities, vets, Hispanics, Native Hawaiians/Pacific 

Islanders, and American Indians.

VIII. ACCOMPLISHMENTS

• Mission critical positions in Communications, Finance, Grants, and the Office of the 

Chief Information Officer were filled as well as several critical support positions 

throughout the agency. 

• A robust intern program for current students interested in elections was launched. Twelve 

interns from across the nation were hired.

• The pandemic necessitated the agency’s first virtual New Employee Orientation and oath 

of office for new employees. The orientation includes an Agency-wide orientation for 

new hires to introduce them to each Division’s roles, responsibilities and connection to 

the EAC mission.

• The reviewing and updating of policies and operating procedures to best serve the 

expanded workforce of the agency began during the reporting period. 

• Increase in information technology staff 

• Completed reorganization of workforce to reduce duplication of efforts and strengthen 

the depth of knowledge of functions for succession planning efforts. Reassignments will 

continue in FY 2020.
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• On-line training for managers was purchased.

• EEO Official reporting directly to the executive director began overseeing EEO efforts 

and activities.

Other Noteworthy Activities

The EAC and election officials work to make elections more accessible to the public. HAVA 

continues to reform the voting process throughout the U.S by requiring the secure, private, and 

independent casting of ballots for voters with disabilities. EAC has assumed the lead in this area. 

During the FY 2020 reporting period, EAC hosted the “2020 Elections: Disability, 

Accessibility, and Security Forum” bringing together state and local election officials, people 

with disabilities, disability advocates, and election security experts to discuss concerns 

regarding accessibility and security and to advance solutions. The event featured discussions 

on pressing issues to voters with disabilities and election officials amidst growing security 

needs. Following the conclusion of the primary election season, EAC staff also created best 

practices for empowering voters with disabilities to ensure shifts in election administration 

undertaken to combat the spread of COVID-19 did not inadvertently prevent voters with 

disabilities from meaningfully and independently participating in the 2020 election.

EAC worked closely with a team of experienced researchers from Rutgers University to 

organize an accessibility survey, which launched immediately after the 2020 general election. 

Results will be available in early 2021.
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APPENDIX A

EEO Data Posted Pursuant to the No Fear Act

Table 1: 29 CFR §1614.704 (a) – (c) 29 CFR §1614.705 Comparative Data Previous 

Fiscal Years

Complaint Activity FY 

2020 2019 2018 2017 2016 2015 2014

Number of Complaints Filed 

in FY 

1614.704(a)

0 0 1 0 0 0 0

Number of Complaints 

1614.704(b)

0 0 1 0 0 0 0

Repeat Filers 

1604.704(c)

0 0 0 0 0 0 0

Table 2: 29 CFR §1614.704 (d) 29 CFR §1614.704 Comparative Data Previous 

Fiscal Years

Complaint by Basis FY 

2020 2019 2018 2017 2016 2015 2014

Race 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0

National Origin 0 0 0 0 0 0 0

Sex (including complaints 

filed under Equal Pay Act)

0 0 0 0 0 0 0

Disability 0 0 1 0 0 0 0

Age 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0
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Table 3: 29 CFR §1614.704 (e) 29 CFR §1614.704 Comparative Data Previous 

Fiscal Years

Complaint by Issue FY 

2020 2019 2018 2017 2016 2015 2014

Appointment/Hire 0 0 0 0 0 0 0

Assignment of Duties 0 0 0 0 0 0 0

Awards 0 0 0 0 0 0 0

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

Disciplinary Action 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0

Removal 0 1 0 0 0 0 0

Other 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 0

Evaluation Appraisal 0 0 0 0 0 0 0

Examination/Test 0 0 0 0 0 0 0

Harassment 0 0 0 0 0 0 0

Non-Sexual 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0

Medical Examination 0 0 0 0 0 0 0

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

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

Reassignment 0 0 0 0 0 0 0

Denied 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0

Terms/Conditions of 

Employment

0 0 0 0 0 0 0

Time and Attendance 0 0 0 0 0 0 0

Training 0 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0 0
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Table 4: 29 CFR §1614.704 (f)

Processing Time FY 

2020 2019 2018 2017 2016 2015 2014

Number of days in 

Investigation Stage

0 0 0 0 0 0 0

Number of days in Final

Action Stage

0 0 0 0 0 0 0

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

during fiscal year

Number of days in 

investigation stage

0 0 0 0 0 0 0

Number of days in Final 

Action Stage

0 0 0 0 0 0 0

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

requested during fiscal year

Number of days in 

investigation stage

0 0 0 0 0 0 0

Number of days in Final 

Action Stage

0 0 0 0 0 0 0

Table 5: 29 CFR §1614.704 (g) 29 CFR §1614.704 Comparative Data Previous 

Fiscal Years

Complaints Dismissed to Agency 

Pursuant to §1614.704 (a)

FY 

2020 2019 2018 2017 2016 2015 2014

Total complaints dismissed 0 0 1 0 0 0 0

Average days pending prior to 

dismissal

0 22 0 0 0 0 0

Table 6: 29 CFR §1614.704 (h) 29 CFR §1614.705 Comparative Data Previous 

Fiscal Years

Total Final Agency Actions 

Finding Discrimination

FY 

2020 2019 2018 2017 2016 2015 2014

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

Total Number Findings 704(h)(1) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Without Hearing 704(h)(2) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

With Hearing 704(h)(3) 0 0 0 0 0 0 0 0 0 0 0 0 0 0
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Table 7: 29 CFR §1614.704 (i) 29 CFR §1614.705 Comparative Data Previous 

Fiscal Years

Findings of Discrimination 

Rendered by Basis

FY 

2020 2019 2018 2017 2016 2015 2014

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

Total Number Findings 704(i)(1) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Without Hearing 704(i)(2) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

With Hearing 704(i)(3) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Race 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

Sex (including Equal Pay Act) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Table 8: 29 CFR §1614.704 (j) 29 CFR §1614.705 Comparative Data Previous 

Fiscal Years

Findings of Discrimination 

Rendered by Issue

FY 

2020 2019 2018 2017 2016 2015 2014

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

Total Number Findings 704(j)(1) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Without Hearing 704(j)(2) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

With Hearing 704(j)(3) 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

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

Awards 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

Disciplinary Action 0 0 0 0 0 0 0 0 0 0 0 0 0 0

 Demotion 0 0 0 0 0 0 0 0 0 0 0 0 0 0

 Reprimand 0 0 0 0 0 0 0 0 0 0 0 0 0 0

 Suspension 0 0 0 0 0 0 0 0 0 0 0 0 0 0

 Removal 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

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

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

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

Harassment 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

Sexual 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

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

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

Table 9: 29 CFR §1614.704 (j) 29 CFR §1614.705 Comparative Data Previous 

Fiscal Years

Findings of Discrimination 

Rendered by Issue

FY 

2020 2019 2018 2017 2016 2015 2014

 Denied 0 0 0 0 0 0 0 0 0 0 0 0 0 0

 Directed 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

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

Training 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

Table 10: 29 CFR §1614.704 (k) 29 CFR §1614.705 Comparative Data Previous Fiscal Years

Complaints Pending from 

Previous Fiscal Years by Status

FY 

2020 2019 2018 2017 2016 2015 2014

Total Complaints from Fiscal 

Years

1614.704(k)(1)

0 0 0 0 0 0 0

Total Complaints 1614.704(k)(2) 0 0 0 0 0 0 0

Number of complaints pending as of 9/30: 704(k)(3)

Investigations) 0 0 0 0 0 0 0

ROI issued, pending 

Complainant’s action

0 0 0 0 0 0 0

Hearing 0 0 0 0 0 0 0

Final Agency Action 0 0 0 0 0 0 0

Appeal with Administrative 

Judge

0 0 0 0 0 0 0

Table 11: 29 CFR §1614.704 (l) 29 CFR §1614.705 Comparative Data Previous Fiscal Years

Complaints Pending from 

Previous Fiscal Years by Status

FY 

2020 2019 2018 2017 2016 2015 2014

Number of Pending Completion 

of Investigation

0 0 0 0 0 0 0

Pending Investigations over 

Required Time Frames

0 0 0 0 0 0 0
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APPENDIX B

Workforce Diversity Policy Statement

The U.S. Election Assistance Commission (EAC) is committed to fostering, cultivating and 

preserving a culture of diversity and inclusion. Key to developing this is developing and 

maintaining effective leaders, managers, and employees who treat all persons with dignity and 

respect, without regard to non-merit factors such as race, color, national origin, gender, age, 

religion, sexual orientation, disability, gender identity, political affiliation, marital or parental 

status, or military service. We strive to provide a work environment free of sexual, racial, ethnic, 

religious or other harassment,

EAC’s human capital is its most valuable asset. The collective sum of the individual differences, 

life experiences, knowledge, inventiveness, innovation, self-expression, unique capabilities and 

talent that our employees invest in their work represents a significant part of not only our culture, 

but our reputation and agency’s achievement as well. I am firmly committed to promoting a 

climate of mutual respect and appreciation for the strengths of, and differences between, all our 

employees.

We embrace and encourage our employees’ differences. Every EAC manager, supervisor, and 

employee is expected to carry out this policy. Implicit in each employee's "successful" work 

performance, and explicit in each supervisor's performance rating, is support of EACs workforce 

diversity and civil rights policies and programs, and the fostering o£ an inclusive workplace where 

diversity and individual differences are valued. Any person who violates this policy will be subject 

to appropriate disciplinary action, up to and including termination.

EAC’s diversity initiatives are applicable—but not limited—to our practices and policies on 

recruitment and selection; compensation; professional development and training; promotions; 

reassignments; reduction in force; terminations; and the ongoing development of a work 

environment built on the premise of gender and diversity equity that encourages and enforces:

• Respectful communication and cooperation between all employees.

• Teamwork and employee participation, permitting the representation of all groups and 

employee perspectives.

• Work/life balance through flexible work schedules to accommodate employees’ varying 

needs.

• Employer and employee contributions to the communities we serve to promote a greater 

understanding and respect for the diversity.

All employees have a responsibility to treat others with dignity and respect at all times. All 

employees are expected to exhibit conduct that reflects inclusion during work, at work functions 

on or off the work site, and at all other EAC-sponsored and participative events. All employees 

are also required to attend and complete annual diversity awareness training to enhance their 

knowledge to fulfill this responsibility.
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Employees who believe they have been subjected to any kind of discrimination that conflicts with 

the EAC’s diversity policy and initiatives or in retaliation for opposition to discrimination or 

participation in discrimination complaint proceedings (e.g., as a complainant or witness), should 

seek assistance from a supervisor or the Office of Human Resources. Discrimination claims not 

brought to the attention of OHR within 45 days of their occurrence may not be accepted in a formal 

complaint of discrimination. 
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APPENDIX C

EAC’S ANTI-HARASSMENT POLICY

Purpose 

It is the U.S. Election Assistance Commission (EAC) policy to ensure that every employee 

enjoys a non-hostile work environment free of discrimination or harassment of any kind. All 

employment decisions; such as hiring, promoting, training and rewarding, will be made 

exclusively on the basis of job-related criteria; e.g., employees’ knowledge, skills, abilities and 

performance. Disciplinary actions will be taken solely on the bases of employees’ behavior and 

performance. Every effort must be made to prevent discrimination of any kind based on race, 

color, religion, sex (including pregnancy, sexual orientation or gender identity), genetic 

information, sexual orientation, national origin, age (40 or older), disability (mental or physical), 

marital status, political affiliation, parental status, retaliation or non-job-related conduct is 

forbidden and subject to appropriate disciplinary action. The policy is designed to address 

unwelcome, hostile and/or abusive conduct before it rises to a level of harassment that creates a 

hostile work environment. EAC is committed to fostering a model workplace free of conduct that 

negatively impacts employee engagement and productivity.

Scope

All employees, regardless of their positions, are covered by and are expected to comply with this 

policy and to take appropriate measures to ensure that prohibited conduct does not occur. 

Appropriate disciplinary action will be taken against any employee who violates this policy. 

Based on the seriousness of the offense, disciplinary action may include verbal or written 

reprimand, suspension, or termination of employment.

Prohibited Conduct Under This Policy

EAC, in compliance with all applicable anti-discrimination and harassment laws and regulations, 

enforces this policy in accordance with the following definitions and guidelines:

Discrimination

It is a violation of EAC’s policy to discriminate in the provision of employment opportunities, 

benefits or privileges; to create discriminatory work conditions; or to use discriminatory 

evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in 

part, the person’s race, color, religion, sex, genetic information, sexual orientation, national 

origin, age, disability, marital status, political affiliation, parental status, retaliation or non-jobrelated conduct.

• Race: Discrimination based on race is prohibited by Title VII of the Civil Rights Act of 

1964. Racial discrimination occurs when persons are treated differently than others who 

are similarly situated because they are members of a specific race; e.g., White, Black, 

Asian, etc. Examples of employees who are similarly situated may be those working in 

the same position and pay band, or under the same line of supervision. 
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Racial discrimination also occurs when persons are treated differently because of 

unalterable characteristics; e.g., physical features indigenous to their race. Courts have 

held that racial discrimination in employment can also occur when employees are treated 

differently because of their interracial dating or marriage, or their membership in racially 

oriented groups.

• Color: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on color. 

This type of discrimination occurs when persons are treated differently than others who 

are similarly situated because of the color of their skin. Color discrimination can occur 

together with race discrimination, but may also occur between members of the same race.

• Religion: Discrimination based on religion is prohibited by Title VII of the Civil Rights 

Act of 1964. In defining religious discrimination, the United States Supreme Court held 

that religion is not limited to Orthodox or well-recognized denominations; e.g., Catholic, 

Baptist or Judaism. All that is required is a sincere and meaningful belief equivalent to 

the belief in God held by the more well-recognized religions. Atheists are also protected.

Religious discrimination can occur in two ways. The first is by treating employees or 

applicants for employment differently because of their religion. The second occurs when 

an employment rule or policy violates a fundamental belief, principle or practice of one’s 

religion and management fails to provide an accommodation. Religious practices are not 

limited to worship, but may include attendance at meetings and retreats, or the wearing of 

certain attire.

Management’s obligation to accommodate begins when the employee notifies them of 

the need for an accommodation. Once notified, management should consider alternatives 

and offer one which would not create an undue hardship for the agency or disadvantage 

other employees. Undue hardships are determined on a case-by-case basis.

• Sex: Discrimination based on sex is prohibited by Title VII of the Civil Rights Act of 

1964. It involves treating someone (an applicant or employee) unfavorably because of 

that person's sex. The term includes, but is not limited to, discrimination on the basis of 

sex; pregnancy, childbirth, or related conditions; harassment; and sex stereotyping.

Sex discrimination may occur in two ways. The first is a policy or practice which treats 

similarly situated men or women differently from the opposite gender. The second occurs 

when a gender-neutral policy or practice has a disproportionate adverse effect on one of 

the genders.

o Pregnancy: It is unlawful to harass a woman because of pregnancy, childbirth, or a 

medical condition related to pregnancy or childbirth. Harassment is illegal when it is 

so frequent or severe that it creates a hostile or offensive work environment or when 

it results in an adverse employment decision (such as the victim being fired or 

demoted). The harasser can be the victim's supervisor, a supervisor in another area, a 
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co-worker, or someone who is not an employee of the employer, such as a client or 

customer.

o Sexual Orientation: Discrimination based on sexual orientation is directed at persons 

who are gay, lesbian, bisexual or transgender, who are perceived to be gay, lesbian, 

bisexual or transgender or who associate with persons who are gay, lesbian, bisexual 

or transgender. This may take the form of harassment or treatment that is different 

than that afforded similarly situated employees or applicants.

o Gender Identity: The EEOC has held that discrimination against an individual 

because that person is transgender is discrimination because of sex and therefore is 

covered under Title VII of the Civil Rights Act of 1964. See Bostock vs Clayton 

County decision, (June 15, 2020), https://www.supremecourt.gov/opinions/19pdf/17-

1618_hfci.pdf. 

• Genetic Information: Discrimination based on genetic information is prohibited by 

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). For example, 

an employer may not use genetic information in making decisions regarding hiring, 

promotion, terms or conditions, privileges of employment, compensation, or termination.

• National Origin: Discrimination based on national origin is prohibited by Title VII of 

the Civil Rights Act of 1964. National origin discrimination includes that based on an 

individual’s or his or her ancestors’ place of origin, or physical, cultural or linguistic 

characteristics. Other examples include discrimination based on marriage to, or 

association with, persons of a national origin group; attendance or participation in schools 

or religious organizations used by a national origin group; and an individual’s or spouse’s 

name which is associated with a national origin group. Requiring employees to speak 

English at all times, including breaks and lunch periods, is an example of an employment 

practice that discriminates against persons whose primary language is not English.

• Age: Discrimination based on age is prohibited by the Age Discrimination in 

Employment Act of 1967. For Federal employees, the protected age group is age 40 and 

above, with no upper age limit. Age discrimination also occurs among age groups who 

are over age 40; e.g., the selection of a 45-year old candidate may appear to be 

discriminatory to 55-year old candidates if it can be shown that management has never 

selected a candidate at or above age 55.

Excluding older employees from training opportunities, denying them special work 

assignments which would give them experience for promotions or awards, and attempting 

to persuade or influence them to retire are other examples of age discrimination.

• Disability Status: Discrimination based on disability is prohibited by the Rehabilitation 

Act of 1973 and the Americans with Disabilities Act of 1990. Disability discrimination 

can occur in two ways. The first occurs when employees or applicants are treated 

differently on the basis of their physical or mental disabilities. The second occurs when 

management fails to make reasonable accommodation for the disabling condition(s).
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A person with a disability is defined as one who has a physical or mental impairment 

which substantially limits one or more major life functions; e.g., walking, speaking, 

breathing, learning, etc.; one who has a record of such, or one who is regarded as having 

a disability.

Management must make reasonable accommodation to the known physical or mental 

limitations of qualified applicants or employees with disabilities unless the 

accommodation would impose an undue hardship upon the agency. Qualified persons 

with disabilities are those who, with or without accommodation, can perform the essential 

elements of the job. Otherwise qualified applicants with disabilities may not be rejected 

for employment on the grounds that reasonable accommodation would have to be made.

Reasonable accommodation can include modifying job-related procedures, tasks or 

requirements (other than critical generic job tasks), adjusting the employee’s work 

schedule, altering the physical work space, providing special equipment, providing 

readers for the visually impaired, interpreters for the hearing impaired, etc. Medical proof 

of disability is usually required when an employee requests an accommodation. The 

reasonableness of the accommodation and the creation of undue hardships are determined 

on a case-by-case basis.

See EAC’s reasonable accommodation policy for the criteria to evaluate requests and the 

procedures to obtain equipment, readers, interpreters and personal assistants. 

• Marital Status: Discrimination based on marital status is prohibited by the Code of 

Federal Regulations, 5 CFR 720.901. This type of discrimination occurs when 

management demonstrates a preference for employees or applicants who are married or 

single. An example would be assuming that married employees have family 

responsibilities which limit their ability to travel, and hiring only those applicants who 

are known to be single for a job requiring much travel.

• Political Affiliation: The United States Code, 5 USC 2302, prohibits discrimination 

based on political affiliation. Discrimination based on political affiliation occurs when 

management demonstrates a preference for, or aversion to, employees or applicants 

belonging to a particular political party or having associates with connections to a 

particular political party. An example might be hiring only those applicants, and 

promoting only those employees, known to be members of a given party during a period 

when that party heads the administration.

• Parental Status: Executive Order 13152 states explicitly that discrimination based upon 

an individual’s status as a parent is prohibited within the Executive Branch of the Federal 

Government. The Executive Order adds parental status to the list of categories for which 

discrimination is prohibited. The other categories are race, color, religion, sex, national 

origin, handicap, age, sexual orientation, marital status, political affiliation and conduct 

not adversely affecting employee performance.
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The Executive Order is designed to prevent intentional discrimination against employees 

solely because they are parents. It is not designed to place other employees at a 

disadvantage or to give parents preference.

The Executive Order refers to “status as a parent” as the status of an individual who, with 

respect to an individual who is under the age of 18, or who is 18 or older but is incapable 

of self-care because of a physical or mental disability, is: a biological parent; an adoptive 

parent; a foster parent; a stepparent; a custodian of a legal ward; in loco parentis to such 

an individual; or actively seeking legal custody or adoption of such an individual.

A person stands “in loco parentis” when he or she has day-to-day responsibility to care 

for and financially support a child. A biological or legal relationship is not necessary. The 

Executive Order does not cover a person who simply provides daily childcare to a family.

If you believe you have been discriminated against on the basis of parental status, under 

certain circumstances, you may seek assistance from the Merit Systems Protection Board, 

Office of Special Counsel; negotiated grievance procedure; equal employment 

opportunity (EEO) discrimination complaints process; or your first-line supervisor or 

someone higher in your chain of management. 
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• Retaliation: Retaliation involves taking an adverse action, e.g., firing, demoting, 

harassing, or otherwise "retaliating" against someone, because they engaged in a 

protected activity, i.e., filed a charge of discrimination, complained to the U.S. Equal 

Employment Opportunity Commission (EEOC) or other entity about discrimination on 

the job, or participated in an employment discrimination proceeding (such as an 

investigation or lawsuit). 

Harassment

EAC prohibits discriminatory harassment, a form of unlawful discrimination. Such harassment 

includes, but is not limited to, unwelcome verbal, non-verbal, or physical behavior directed 

towards an individual because of his or her membership in a legally protected class, when such 

conduct has the purpose or effect of unreasonably interfering with an individual’s ability to 

perform his or her assigned duties. 

This policy prohibits harassment by or of any employee, manager, executive, commissioner, 

contractor, vendor, applicant, or other individual with whom EAC employees come into contact 

by virtue of their work for EAC. This policy covers conduct that occurs on duty, off duty, faceto-fact, or remotely via electronic means such as telephone, email, social media, and chat 

application. Moreover, EAC will not tolerate other forms of harassment, disruptive behavior, or 

bullying in the workplace. Such behaviors go against EAC’s core values and negatively impact 

mission effectiveness. 

Sexual Harassment

Sexual harassment is a form of sex discrimination and is prohibited by Title VII of the Civil 

Rights Act of 1964. In 1980, the Equal Employment Opportunity Commission issued guidelines

defining sexual harassment as unwelcome sexual advances, requests for sexual favors, and other 

verbal or physical conduct of a sexual nature when any of three criteria are met:

Submission to the conduct is made either explicitly or implicitly a term or condition of 

employment;

Submission to or rejection of the conduct is used as a basis for employment decisions; or

The conduct has the purpose or effect of unreasonably interfering with work performance or 

creating an intimidating, hostile or offensive working environment.

Sexual harassment may be verbal or physical, exhibited by a man to a woman, by a woman to a 

man, or within the same gender. Examples of behaviors which could constitute sexual 

harassment are touching, sexual innuendo, suggestive comments, threats, and nude or sexual 

pictures, cartoons or calendars, etc.

Non-Job-Belated Conduct Which Does Not Adversely Affect the Performance of 

Employees and Applicants for Employment

The Civil Service Reform Act of 1978 prohibits discrimination on the basis of non-job-related 

conduct which does not adversely affect the performance of employees or applicants for 

employment. EAC’s policy prohibits employees who are authorized to take, direct others to take, 
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recommend, or approve any personnel action from discriminating on the basis of non-job-related 

conduct. Authorized employees are held responsible for the prevention of prohibited personnel 

practices, as well as for compliance with, and enforcement of, all applicable civil service laws, 

rules and regulations.

Applicants and employees are protected from inquiries into, or actions based upon, non-jobrelated conduct; e.g., religious, community or social affiliations, or sexual orientation. They are 

also protected from any infringement of due process, self-incrimination or other constitutional 

rights. However, applicants competing for positions may receive credit for paid or unpaid 

religious, civic, welfare, service and organizational work which demonstrates possession of the 

knowledge, skills or abilities needed to perform the duties of the positions being filled.

In determining the suitability or fitness of an employee or applicant, this policy does not prohibit 

EAC managers from taking into account the employee’s or applicant’s conviction for any crime 

under the laws of any state or the District of Columbia.

Maintaining A Non-Hostile Workplace Free Of 

Discriminatory Harassment

EEOC regulation 29 CFR, Part 1614, Section 102 (a) (3) requires agencies to remove every form 

of prejudice or discrimination from personnel policies, practices and working conditions. A 

hostile work environment allows ridicule, abuse, insults or derogatory comments that are directly 

or indirectly based on race, color, religion, sex (including pregnancy, sexual orientation or 

gender identity), genetic information, sexual orientation, national origin, age (40 or older), 

disability (mental or physical), marital status, political affiliation, parental status, retaliation or 

non-job-related conduct. It is further defined as an offensive or intimidating environment that 

unreasonably interferes with work performance or that otherwise adversely affects employment 

opportunities. Personal conversations that can be overheard by other employees who consider the 

conversation offensive can also create a hostile environment.

Management is responsible for maintaining a non-hostile work environment and can be held 

accountable for, not only their behavior, but that of their employees. If an employee makes 

abusive or derogatory comments of the type noted above to another employee and the matter 

comes to management’s attention, management must take prompt action.

Such allegations should be confirmed with the employees directly involved in the incident along 

with any witnesses who might have firsthand information. It is very important to demonstrate to 

concerned employees that the allegations are taken seriously and that management will not 

condone offensive behavior. Disciplinary or other remedial action should reflect management’s 

findings during the course of the inquiry.

EAC will follow guidance regarding harassment established by the Equal Employment 

Opportunity Commission (EEOC) and standards regarding harassment set by the Supreme Court 

in two landmark decisions: Burlington Industries, Inc. v. Ellerth 118 S. Ct. 2257 (1998) and
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Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998). In these decisions, the Supreme Court 

made clear that employers are subject to vicarious liability for unlawful harassment by 

supervisors. Liability is premised on two principles: 1) an employer is responsible for the acts of 

its supervisors; and 2) employers should be encouraged to prevent harassment and employees 

should be encouraged to avoid or limit the harm from harassment.

Employees are responsible to come forward and report any behavior they view as harassment 

before it becomes severe or pervasive. While isolated incidents of harassment generally do not 

violate federal law, a pattern of incidents may be unlawful. Employees are also responsible to 

take advantage of any preventive or corrective opportunities provided by EAC or to otherwise 

avoid harm.

Managers have a responsibility to maintain a workforce environment that is free from 

harassment. When an employee complains to management about alleged harassment, 

management is obligated to investigate the allegation regardless of whether the complaint 

conforms to a particular format or is made in writing.

Confidentiality and Reprisal

All complaints and investigations are treated confidentially to the extent possible, and 

information is disclosed strictly on a need-to-know basis. The identity of the complainant is 

usually revealed to the parties involved during the investigation, and the Equal Employment 

Opportunity Official will take adequate steps to ensure that the complainant is protected from 

retaliation during and after the investigation. All information pertaining to a complaint or 

investigation under this policy will be maintained in secure files within the EEOO’s office..

EAC does not tolerate retaliation against any individuals for reporting harassment or assisting 

another individual in reporting harassment, for providing information related to such a report, for 

filing an EEO complaint, or for opposing conduct that they believe is unlawfully discriminatory 

or harassing. Any person who believes he or she has been subject to retaliation reports the 

conduct using the same reporting procedures as for complaints of harassment.

Procedures and Responsibilities

Procedures Applicable to All EAC Employees 

A. Each EAC employee shall be responsible for: 

• Acting professionally and refraining from harassing conduct;

• Becoming familiar with the provisions of this policy, complying with all requirements of 

the policy, and cooperating with any inquiry under this policy; and

• Promptly reporting, pursuant to procedures found below, any incident of harassing 

conduct that he or she experiences before it becomes a pattern of misconduct so pervasive 

and offensive as to constitute a hostile environment. 

EAC cannot correct harassing conduct if the conduct is not known. When an employee 

unreasonably fails to take advantage of this procedure and does not promptly report an incident 
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of harassing conduct as set forth herein, EAC reserves the right to raise this failure to report as a 

defense against a suit for harassment, in accordance with Faragher and Ellerth.

B. Responsibilities of Supervisors and Managers 

All supervisors and managers shall be responsible for:

• Acting promptly and appropriately to prevent harassment in the workplace, and 

retaliation against those who complain of harassment;

• Reporting, pursuant to procedures found below, any incident of harassing conduct that 

they witness or is otherwise brought to their attention;

• Receiving and handling allegations of harassing conduct promptly and appropriately,

utilizing the procedures found below;

• In consultation with the Equal Employment Opportunity Official, providing interim relief 

to alleged victims of harassment pending the outcome of the investigation to ensure that 

further misconduct does not occur; and

• Using the procedures set forth below, in consultation with the Equal Employment 

Opportunity Official, taking prompt and appropriate corrective and disciplinary action, up 

to and including removal, against personnel who have engaged in harassing conduct or 

who have not carried out their responsibilities under this policy.

C. Responsibilities of the Equal Employment Opportunity Official (EEOO) 

The Equal Employment Opportunity Official, shall be responsible for:

• Disseminating the policy statement annually to all employees. Distributing this 

procedures document to all EAC offices and posting it on the EAC website;

• Ensuring that employees are informed of this policy and the procedures to follow in 

connection with reporting harassing conduct;

• Conducting or overseeing fair and impartial inquiries into allegations of harassing 

conduct; 

• Providing technical assistance and support, to assure compliance with this policy and 

providing other assistance as requested;

• Receiving allegations of harassment under this policy and promptly notifying the 

Executive Director of the allegation; and

• Providing advice to managers and supervisors on taking disciplinary actions for conduct 

that violates this policy, as consulted.

D. Responsibilities of General Counsel

The General Counsel shall be responsible for:

• Providing legal advice to management concerning the implementation and interpretation 

of this policy.
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E. Office of Inspector General (OIG)

The Office of Inspector General may investigate allegations of harassment in connection with 

fraud, waste, abuse, or mismanagement. The OIG may also investigate allegations of conflicts of 

interest or impropriety within EAC’s antiharassment program and coordinate with the Equal 

Employment Opportunity Official as needed. Because the OIG is an independent office, any 

investigations into harassment by or of OIG staff will be coordinated with the OIG or an 

appropriate body, depending upon the allegations.

F. Responsibilities of the Executive Director

The Executive Director shall be responsible for: 

• Taking appropriate action to enforce this policy; and

• Working closely with the Director of Human Resources to ensure that this policy is 

properly implemented.

Reporting Harassment and Misconduct

It is EAC’s goal and intention to stop any harassment as soon as possible. However, EAC cannot 

stop conduct it is not aware of. Therefore, you are strongly encouraged to report harassing 

conduct.

The procedures for reporting incidents of harassing conduct are as follows:

a. Any person who believes that he or she has been the subject of an incident of harassing 

conduct in violation of this policy should report this matter: to anyone in the 

complainant's supervisory chain; or to the Equal Employment Opportunity Official, 

Robin Sargent, rsargent@eac.gov. May also contact EAC’s Office of Inspector General 

(OIG), eacoig@eac.gov; the Office of Special Counsel (OSC), osc.gov; or Merit System 

Protection Board, mspb.gov.

b. Supervisors and management officials must immediately—usually within 48 hours of 

becoming aware of it—report harassing conduct, or allegations of harassing conduct by 

others, to the Equal Employment Opportunity Official. Failure to report an incident of 

harassment may result in administrative action, including disciplinary action.

c. All information will be maintained on a confidential basis to the greatest extent possible.

The maintenance of records and any disclosures of information from these records shall 

be in complete compliance with the Privacy Act, 5 U.S.C. 552a. Such information, 

however, may have to be disclosed to defend EAC in any litigation which the information 

may be relevant and necessary. Further, information may need to be disclosed to those 

officials and employees within the agency with a need to know in order to carry out the 

purpose and intent of this policy.
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Inquiries into Allegations of Harassing Conduct

A supervisor or manager who receives an allegation or witnesses harassing conduct shall 

immediately:

• Inform the Equal Employment Opportunity Official and seek guidance as to further 

actions. 

• In consultation with the Equal Employment Opportunity Official and the General 

Counsel, take action to stop any harassing conduct and prevent further harassment while 

the allegations are being investigated, including granting of appropriate interim relief to 

the alleged victim of harassing conduct; 

• In consultation with the Equal Employment Opportunity Official and General Counsel, 

document the allegation received and his or her efforts to address it.

• When the Equal Employment Opportunity Official receives an allegation of harassing 

conduct, either directly by the complainant or through a supervisor, manager or other 

sources, he or she shall: Ensure that a prompt, thorough, impartial and appropriate inquiry 

is conducted within 10 days of receiving notice of such claim;

• In consultation with EAC’s leadership, determine appropriate action to stop any harassing 

conduct and prevent further harassment, including granting appropriate interim relief to 

the alleged victim of harassing conduct while the allegations are being investigated.

• Where an investigation is necessary, a written summary of the investigation shall be 

prepared by the individual conducting the inquiry, in consultation with the Director of 

Human Resources. (The summary may be brief, depending on the complexity and 

seriousness of the case.) The summary shall be prepared promptly after completion of the 

inquiry and shall be submitted to the supervisor who would be responsible for taking 

disciplinary action against the alleged harasser, if the allegations are true.

The summary of the investigation or other documentation prepared under this procedure shall be 

kept confidential, to the extent possible. The maintenance of records and any disclosures of 

information from these records shall be in complete compliance with the Privacy Act, 5 U.S.C. 

552a. Such information, however, may have to be disclosed to defend EAC in any litigation to 

which the information may be relevant and necessary. Further, information may need to be 

disclosed to those officials and employees within the agency with a need to know in order to 

carry out the purpose and intent of this policy.

Action To Be Taken upon Completion of the Inquiry

• Upon completion of the inquiry, and in consultation with the General Counsel, agency 

management shall promptly evaluate the evidence and determine the appropriate action to 

take. This responsibility normally shall rest with the first line supervisor of the employee 
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alleged to have engaged in the harassing conduct unless such supervisor is involved in the 

allegation. In cases of complex or egregious alleged harassing conduct, the supervisor 

and the Equal Employment Opportunity Official should seek the counsel of the Office of 

the Inspector General. 

• If a General Counsel (GC) employee is involved in the allegation, the Equal Employment 

Opportunity Official will solicit assistance from GSA, a shared service provider, for legal 

advice to GC management. Immediate corrective action occurs within 60 calendar days 

of receiving notice of a harassment allegation. 

• Where the inquiry establishes that an employee did engage in harassing conduct under 

this policy, he or she shall be subject to appropriate corrective action, disciplinary or 

otherwise, in accordance with Chapter 75 of the Civil Service Reform Act, up to and 

including removal.

• Where the inquiry establishes that a manager or supervisor did not properly carry out the 

responsibilities provided for under this policy, he or she shall be subject to appropriate 

corrective action, disciplinary or otherwise, in accordance with Chapter 75 of the Civil 

Service Reform Act, up to and including removal.

How does this policy relate to the Equal Employment Opportunity program, EAC’s 

grievance systems, OIG complaints, and other avenues for reporting harassment?

a. Reporting harassment to a supervisor Equal Employment Opportunity Official does not 

stop an employee from also raising harassment in a different forum (i.e. EEO, OIG, 

Office of Special Counsel (OSC), if applicable.

b. The anti-harassment process in this policy differs from the EEO complaint process 

because it is broader and faster: it allows non-employees to file a harassment complaint, 

it addresses more kinds of harassment than the EEO statutes allow, and it allows 

employees to also file complaints in other processes, such as EEO, or (the EEO complaint 

process has some restrictions on what else you may do if you have an EEO complaint). 

c. EAC has a number of avenues available to employees and non-employees to address 

concerns about harassment, such as: 

1. The anti-harassment process described in this policy (for employees & nonemployees); 

2. The EEO complaint process, beginning with an informal EEO complaint. 

Employees need to file an EEO complaint alleging discrimination with the EEOO 

within 45 calendar days of the date of incident(s). See EAC’s EEO Policy, for 

guidance.
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3. Contacting EAC’s Office of Inspector General (OIG);

4. Utilizing EAC’s Alternative Dispute Resolution (ADR) program.