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UNCLASSIFIED
(B) Bases of Discrimination in EEO Complaints

During FY 2016, the most-frequently alleged bases of discrimination in formal EEO
complaints filed with the IC EEOD were (in order of frequency) retaliation, age, and disability. In
comparison, the most frequently alleged basis in FY 2015 was race. There are no obvious trends in
the data for basis of discrimination for complaint activity from FY 2009 to FY 2016.

(C) Issues in EEO Complaints

The two most frequently raised issues in formal discrimination complaints filed during FY
2016 involved non-sexual harassment and promotion/non-selection. There are no clear trends in
the issues raised, given the small number of complaints, although the most consistent and frequent
issue raised was harassment (non-sexual).

(D) Practical Knowledge Gained Through Experience

In addition to training, discussed above, the ODNI offers a program outside of the EEO
process to address harassment and bullying complaints that are not based on any category protected
under a nondiscrimination statute. That program results in addressing complaints of ordinary
workplace friction, conflict, and disputes. Absent that program, the affected employees may have
resorted to the EEO process to address these concerns. The IC EEOD also participates in the
ODNI’s Success Strategies for Supervisors course to provide managers and supervisors with the
tools to prevent harassment and discrimination and address workplace conflict.

During FY 2016, the ODNI continued to experience increasing numbers of requests for
reasonable accommodation. The IC EEOD’s Disability Program Manager focuses both on internal
compliance and coordination with other IC disability programs. The ODNI also focused on
ensuring that agency facilities are accessible for individuals with disabilities.

(E) Improvements in the Complaint or Civil Rights Programs of the Agency

As an EEO compliance organization within the ODNI, IC EEOD works with the ODNI
training office to ensure that all ODNI employees and detailees complete No FEAR Act training
biennially. All employees receive reminders of the No FEAR Act mandatory training requirement.
New employees are required to take the No FEAR Act training within 90 days of entering on duty, and
all employees must take the training biennially. The ODNI’s Chief Management Officer ensures that
component chiefs are aware and tracking the biennial No FEAR training and annual IC
Whistleblowing training requirements.

The ODNI continues to offer an EEO briefing during new employee orientation. The IC
EEOD’s FY 2016 “Diversity and Inclusion Campaign” included Unconscious Bias training for all
senior managers and supervisors who participate in the ODNI’s Career Advisory Boards (career
development and promotion boards) and training on disability rights and EEO compliance. Through
the Success Strategies for Supervisors course, IC EEOD educates ODNI managers and employees on a
range of EEO issues, including how to use performance management tools; preventing or mitigating
EEO issues; the importance of confidentiality in the EEO process; reasonable accommodation; and

5

UNCLASSIFIED


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UNCLASSIFIED
identifying actions that constitute unlawful retaliation.

From FY 2012 through FY 2016, all investigations of formal complaints were timely
conducted within the time provided by the EEOC’s regulations.

APPENDIX:
Appendix I: ODNI No FEAR Statistics FY 2009-2016

6

UNCLASSIFIED


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Fiscal Year 2016 Annual Report to Congress on the
Notification and Federal Employee

Antidiscrimination and Retaliation Act of 2002

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UNCLASSIFIED

B. Reporting Obligations

During FY 2016, the ODNI had one case filed in Federal District Court, pending under the
laws covered in the No FEAR Act. The case is pending and alleges violation of the Rehabilitation
Act of 1973.

ODNT has made no reimbursements to the Judgment Fund for payments as defined in 5
C.F.R. § 724.102.

During FY 2016, there were no disciplinary actions taken against ODNI employees based on
findings of discrimination, retaliation, or harassment.

The ODNI is committed to providing a workplace that promotes productivity and
professionalism and an inclusive environment that protects the dignity of the entire workforce. The
DNI annually issues anti-harassment, equal opportunity, and diversity policy statements declaring
that any harassment, sexual or nonsexual, is strictly prohibited and will not be tolerated. These
statements advise that employees will be subject to appropriate corrective action if they are found
to have engaged in discriminatory or harassing behavior.

(1) No FEAR FY 2011—-FY 2016, Year-End Data Report

Appendix I contains the ODNI’s year-end FY 2016 EEO complaint data and the data from
preceding fiscal years, in accordance with 5 C.F.R. § 724.302(a)(4).

(2) Analysis of EEO Complaint Trends and Causality
(A) EEO Complaint Activity and Causality

Following the ODNI’s stand up in 2005, the baseline number of complaints has remained
small, as is reflected in Appendix I. The six complaints in FY 2016 represented a reversal of the
downward trend from FY 2014 to FY 2015. With relatively few cases each year, an increase of a
few cases may be statistically significant; the ODNI will continue to closely monitor activity to
determine if the increase during FY 2016 was an anomaly. However, the increased number of
complaints may also reflect the maturity of the IC EEOD Compliance program, which has
increased its outreach to and training of the workforce.

In addition, as the Compliance program has tracked the increasing number of complaints
alleging retaliation and discrimination based on disability, IC EEOD has increased its focus on
providing training on preventing retaliation, and the Disability Program Manager has offered
training on reasonable accommodation. As referenced above, ODNI mandates that all employees
take web-based No FEAR Acct training, and all employees and contractors are required to take IC
Whistleblowing web-based training. IC EEOD also has incorporated expert training on EEO issues
at its annual EEO conference and sponsored training at ODNI by a nationally recognized expert in
disability law.

4

UNCLASSIFIED


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UNCLASSIFIED

discrimination and harassment, processes all informal and formal complaints of discrimination in
accordance with EEOC guidelines and timeframes, promotes understanding of diversity as a
mission-critical imperative, and creates and implements diversity and inclusion programs.

By statute, the ODNI does not fall under the whistleblower framework described in the No
FEAR Act.' The Congress amended the National Security Act of 1947 to include whistleblower
protections for ODNI employees and all IC employees who properly disclose information about
intelligence activities reasonably believed to be unlawful or contrary to Executive Order or
Presidential Directive.? These statutory provisions provide the foundation of a whistleblower
framework that is implemented through the Presidential Policy Directive 19 (PPD-19), Protecting
Whistleblowers with Access to Classified Information (October 2012). The Inspector General of
the Intelligence Community (IC IG) provides an independent review of whistleblower allegations
for ODNI employees to determine whether or not a reprisal has occurred. The IC IG’s statutory
authority is derived from the National Security Act of 1947, which also protects IC
whistleblowers who participate in communicating “urgent concerns” to Congress about
intelligence activities that may reasonably be a violation of law or Executive Order.* Together,
these statutory authorities and presidential policies provide IC employees with whistleblower
protections akin to those found in the No FEAR Act.

No FEAR Act web-based training, required for all ODNI employees, addresses the rights
and remedies available to IC employees via the EEO process. The ODNI updated the No FEAR
Act web-based training in FY 2015, disseminating copies to the IC elements who did not currently
have their own No FEAR training. IC Whistleblowing training, mandatory for all ODNI
employees and contractors, addresses the rights and remedies available in Presidential Policy
Directive 19 and Intelligence Community Directive 120 to those who appropriately disclose
allegations of wrong-doing.

Preventing discrimination in the workplace is the law of the nation and the ODNI is
committed to preventing discrimination in the ODNI workplace and the IC. The IC EEOD staff
meets frequently with senior leaders, managers, and other employees in the ODNI to resolve
disputes; address reasonable accommodations issues; and promote measures to prevent workplace
harassment. IC EEOD staff refers employees to the IC IG for whistleblower and other
appropriate issues.

' The No FEAR Act provides for Judgment Fund reimbursement of, and annual reporting related to, proceedings
brought under: (1) any provision of law prohibiting any form of discrimination under the laws interpreted by the
EEOC, and (2) the 5 U.S.C. § 2302(b)(8) and (9) whistleblower provisions. See Section 201(a) and (c) of the No
FEAR Act.

? See 50 U.S.C. § 3234, Prohibited personnel practices in the intelligence community; and 50 U.S.C. § 3341()
Retaliatory revocation of security clearances and access determinations. To obtain whistleblower protections under
these provisions, ODNI employees are required to make disclosures in a manner consistent with the need to protect
classified information. See also Presidential Policy Directive (PPD) 19 (10 October 2012), Protecting Whistleblowers
with Access to Classified Information; Intelligence Community Directive (ICD) 120 (20 March 2014), Intelligence
Community Whistleblower Protection.

3 See 50 U.S.C. § 3033(k)(5)(A). For purposes of this statute, an “urgent concern” is a serious or flagrant problem,
abuse, violation of law or intelligence activities that IC personnel have reason to believe may be unlawful or contrary
to Executive Order; or a false statement or willfully omitted material information to Congress, relating to the funding,
administration, or operation of an intelligence activity within the DNI’s cognizance; or an actual or threatened adverse
personnel action for having reported an urgent concern.

3

UNCLASSIFIED


UNCLASSIFIED

Purpose of thi: r

To support the Federal Government's longstanding obligation to provide a work
environment free of discrimination and retaliation, the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law 107-174, requires
annual reports to Congress on the number and severity of discrimination and whistleblower cases
brought against each federal agency. The No FEAR Acct is intended to enable Congress to improve
its oversight of federal agencies’ compliance with the laws and reduce the incidence of
discrimination within the Federal Government by making agencies more accountable through a
series of tracking, reporting, and fiscal reimbursement requirements. The Office of the Director of
National Intelligence (ODNI) submits this annual report in compliance with Section 203 of the No
FEAR Act, covering Fiscal Year (FY) 2016.

As provided by Section 203, this report is submitted to the Speaker of the House of
Representatives, the President pro tempore of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the
House of Representatives, each committee of Congress with jurisdiction relating to the ODNI, the
Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Director of the
Office of Personnel Management. The No FEAR Act Annual Report contains information relating
to the ODNI’s Equal Employment Opportunity (EEO) complaints activity (including Federal
District Court cases), as well as any resulting disciplinary actions and Judgment Fund
reimbursements. The Agency’s reporting obligations contained in Title 5 Code of Federal
Regulations Part 724 have been incorporated into the ODNI’s No FEAR FY 2016 year-end data
report concerning EEO complaints (Appendix I).

A. Introduction

Following the tragic events of 11 September 2001, Congress saw the need for sweeping
change in the Intelligence Community (IC), resulting in the passage of the Intelligence Reform and
Terrorism Prevention Act of 2004 (IRTPA), signed on 17 December 2004. The IRTPA created the
ODNI to lead the 17 member IC and improve information sharing, strategically promote a unified
direction, and ensure integration across the IC. The ODNI began operations on 22 April 2005. See
http://www.odni.gov/index.php/about/history.

Since its inception, the ODNI has developed IC-wide strategies and policies, including
personnel policies, to ensure a diverse workforce. The Director of National Intelligence (DNI)
serves as the head of the IC, acts as the principal advisor to the President and the National Security
Council on intelligence matters related to national security, and oversees and directs the
implementation of the National Intelligence Program. In addition to his IC-wide mission, the DNI
also leads the ODNI workforce and organization.

The IC Equal Employment Opportunity and Diversity (EEOD) Office in the ODNI
serves as the principal advisor to the DNI on issues related to equity, fairness, and inclusion. In
accordance with 29 C.F.R. § 1614.102(b)(4), the Chief, IC EEOD, reports directly to the DNI.
In addition to IC-wide responsibilities for policy and oversight, the office provides EEO and
diversity services to the ODNI workforce. In this capacity, it educates and trains managers,
supervisors, and employees on their obligation to maintain a workplace free of unlawful

2

UNCLASSIFIED


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