Defense Threat Reduction Agency

Notification and Federal Employee 

Antidiscrimination and Retaliation (No FEAR) Act 

Fiscal Year 2016 Report
ii

Table of Contents

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

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

III. Analysis................................................................................................................................ 4

a. Examination of Trends....................................................................................................... 4

b. Causal Analysis.................................................................................................................. 5

c. Practical Knowledge Gained Through Experience ...........Error! Bookmark not defined.

d. Actions Planned or Taken for Improvement Measures ....Error! Bookmark not defined.

IV. Conclusion ........................................................................................................................... 6

Appendix A..................................................................................................................................... 7

Appendix B..................................................................................................................................... 8

Appendix C..................................................................................................................................... 9
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) 2016.

In FY 2016, 8 complaints were filed against DTRA, remaining the same as in FY 2015. 

The most common basis cited for complaints in FY 2016 was reprisal.

In FY 2016 the DTRA Equal Opportunity Office also took a number of proactive steps 

to mitigate workplace conflicts and educate leaders and the workforce including:

• Hosting a series of seminars targeting supervisors and managers on topics such as 

workplace bullying, unconscious bias, gender identity and sexual orientation, 

• Conducting a leadership summit focused on maintaining a diverse workforce, and

• Drafted a charter for the implementation of a diversity and inclusion council.

II. 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 of 

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

Statute

Cases 

Opened in 

FY16

Cases Resolved in 

FY16

Cases 

Pending

at Close 

of FY16

Settled Other

Title VII, Civil Rights Act of 1964

42 U.S.C. 2000e-16

8 3 11 25

Age Discrimination in Employment 

Act

29 U.S.C. 631, 633a

0 2 2 4

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

 5 0 2 9

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
3

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 

Judgment Fund

$ Attributed to 

Attorneys’ Fees Adjustment Needed

0 $430,508.61 0

c. 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 

(e.g., reprimand, dismissal, etc.)

Title VII, Civil Rights Act of 1964

42 U.S.C. 2000e-16

0

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

Matters that did NOT result in a 

federal court case

0

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

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 

Whistleblower Protection Laws or for conduct that constitutes another prohibited personnel 
4

practice revealed in connection with agency investigations of alleged violations of these laws

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

See Appendix B – input link if available on web-site.

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

See Appendix C

III. 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

There were several trends noted after an analysis of DTRA’s complaint data. There was a 

decrease in complaints occurring in FY 2015. That decrease was maintained in FY 2016 as 

noted in the chart below (Figure 1.) 

9 9

11

8 8

0

2

4

6

8

10

12

FY 2012 FY 2013 FY 2014 FY 2015 FY 2016

Number of Complaints Filed 

FY 2012 - FY 2016

Figure 1.
5

 Since FY 2012, complaints have remained relatively low and consistent in number, averaging 

approximately 10 per year during that timeframe. The number of times reprisal was cited as a

basis increased significantly in FY 2016 when compared to FY 2015. (Figure 2.) A review of 

data in other agencies indicates that reprisal is a commonly cited basis for complaints. Figure 3 

below shows the breakout of complaint basis for FY 2016.

 Overall, the most often cited basis of complaints were reprisal, national origin, and disability. 

3

4

5

3 3 3

2

0

6

1

0 0

5

6

0 0

Reprisal Race Sex Age Disability National

Origin

Color Religion

Basis of Discrimination

FY 2015 - FY 2016

FY 2015 FY 2016

Equal Pay Act

0%

Reprisal

33%

Race

6%

PDA

0% Sex

0%

Age

0%

Disability

28%

National Origin

33%

Genetics

0%

Color

0%

Religion

0%

Non-EEO

0%

FY 2016 Complaints by Basis

Figure 2.

Figure 3.
6

b. Analysis

Supervisory training and adherence to policy was determined to be a primary root cause for 

reprisal issues. A review of the reprisal cases indicated there is confusion surrounding the 

definition of reprisal. The information gained over the last year is shaping how we will train 

supervisors in the future. Using this new knowledge, the Agency developed a revised two day 

supervisory training program that includes a two hour block on EEO policies and best 

practices. The new supervisory training pilot program took place December 1-2, 2016. Initial 

feedback was positive. Additionally, the EEO Office will emphasize unconscious bias training 

to help managers think differently and focus on empathy when dealing with their subordinates 

and co-workers. 

IV. Conclusion

The Agency Senior Leaders take equal opportunity seriously and work collaboratively with the 

EEO Office on a regular basis. The Agency executed five barrier analyses: Hispanic Working 

Group, Women’s Working Group, Senior Executive Service (SES) Working Group, 

Individuals with Disabilities Working, and Mission Critical Occupations Working Group. 

Each group was championed by an SES and chaired by a GS-15. Additionally, the Agency 

created its first Diversity and Inclusion Charter that will maintain a focus on hiring, 

developing, and retaining the most diverse and inclusive workforce possible.
7

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)).

Complaints by Basis Previous Fiscal Year

Note: Complaints can be filed

alleging multiple bases. The

sum of the bases may not

equal total

2012 2013 2014 2015 2016

Race 3 2 3 4 1

Color 0 0 0 2 0

Religion 0 0 1 0 0

Reprisal 5 7 3 3 6

Sex 1 1 4 5 0

PDA 0 0 0 0 0

National Origin 1 4 8 3 6

Equal Pay Act 0 0 0 0 0 

Age 1 4 4 3 0 

Disability 5 2 1 3 5
8

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/SCC-WMD 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.
9

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/SCC-WMD Civilian Employees and Military Personnel, 

Policy 15-02,” dated November 13, 2015 (not a public document). All Civilian Employees are 

required to take the “Federal Employee Antidiscrimination and Retaliation Act of 2002 (No 

FEAR 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. 

Currently, civilian employees are required to take this training once upon arrival. We are in the 

process of changing this requirement to once every two years.