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4, (U) APPLICABILITY

A. (U) This Instruction applies to ODNI permanent cadre employees; ODNI staff reserve (i.e.,
time-limited) cadre employees; Highly Qualified Experts; Intergovernmental Personnel Act
detailees; presidential appointees (collectively, “ODNI personnel” or “individuals”); and
applicants for ODNI employment. In accordance with any relevant agreement by the ODNI and
other government agencies (OGAs), this Instruction also applies to OGA employees providing
service support to the ODNI.

(1) (U) Reasonable accommodations provided for federal civilian detailees will be
coordinated with the detailee’s employing department or agency as described in Section 6.K.

(2) (U) An assignee who may require a reasonable accommodation must request that their
employing department or agency contact the ODNI Disability Program Manager to coordinate
the employing department or agency’s provision of, or payment for, the reasonable
accommodation.

(3) (U) Contractor companies are responsible for providing reasonable accommodations to
contractor personnel as outlined in Section 6.L.

(4) (U) For military detailees, any reasonable accommodation request or requirement for
light or limited duty will be in accordance with the detailee’s Service regulations and coordinated
through that detailee’s respective Service.

B. (U) This Instruction does not apply to discretionary modifications for conditions which do
not qualify as a disability under the law. Such modifications are not subject to the reasonable
accommodation process under this Instruction, and are executed at management's discretion.

5,(U) DEFINITIONS: For the purposes of this Instruction, the terms used hereinafter are
defined as follows:

A. (U) Authorized Official(s): Deputy Directors, Center Directors, and Heads of
Independent Offices or designees (ie., the employee’s supervisor or manager, or the component
Chief of Staff or Staff Director).

B. (U) Disability: A physical or mental impairment that substantially limits one or more of
the major life activities of an individual, a record of such impairment, or being regarded as
having such an impairment, (Rehabilitation Act of 1973)

C. (U) Discretionary Modification: An adjustment or alteration granted outside of the
reasonable accommodation process for individuals who do not have a disability, as defined

above. For example, the Disability Program Manager coordinates the provision of scooters to
employees with a temporary condition that limits mobility. The provision of a discretionary

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(U) APPENDIX B
(U) CONSENT FOR RELEASE OF CONFIDENTIAL PATIENT INFORMATION

(U) This authorization permits the release from the Office of the Director of National
Intelligence Reasonable Accommodations (RA) Office to the Central Intelligence Agency’s
Office of Medical Services (OMS) the medical information provided by (Insert Name).

(U) L understand that I have provided medical information to the RA Office for the purpose of
evaluating my reasonable accommodation request(s), and may be required to provide additional
information as needed. I authorize the RA Office to share such information with appropriate
medical personnel within the OMS, to the extent deemed necessary by the RA Office, to fulfill
that purpose.

Patient Signature Date

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(1) (U) Atall stages of the application and hiring process, ensure that cadre and detailee
applicants to ODNI are advised of the process for requesting a reasonable accommodation.
Assignees to ODNI will also be advised of the reasonable accommodation process;

(2) (U) Ensure that MOUs for federal civilian detailees to ODNI include provisions for
reasonable accommodation;

(3) (U) Facilitate the process when reassignment, telework, or in limited circumstances an
excused absence, is a reasonable accommodation;

(4) (U) Refer management, personnel, and applicant questions about reasonable
accommodation to the Disability Program Manager; and

(5) (U) Work with the Disability Program Manager, as applicable, to provide approved
accommodations.

D, (U) Authorized Officials will:
(1) (U) Ensure managers, supervisors, and other authorized officials:

(a) (U) Immediately contact the Disability Program Manager for advice and assistance
when a request for a reasonable accommodation is made or there is an obvious disability or an
individual voluntarily discloses a disability;

(b) (U) Participate and cooperate during the interactive process including early and
periodic communication;

(c) (U) Refrain from questioning the individual or applicant about their medical history
or obtaining any medical information, but rather refer them to the Disability Program Manager;
and

(d) (U) Ensure that reasonable accommodations are provided to individuals and
applicants with disabilities in accordance with ODNI policies and procedures.

(2) (U) In consultation with the Disability Program Manager and OGC, as necessary,
make final determinations regarding reasonable accommodation requests and must advise the
individual, in writing and in accessible format if requested, of the specific reasons for any
denial, as well as the avenues for requesting reconsideration;

(3) (U) Ensure that all personnel who handle information obtained in connection with a
request for a reasonable accommodation maintain the required confidentiality of any medical
information and described in Section 6.8.;

(4) (U) Ensure any contracts established for the use of external facilities (e.g, hotels for
conferences or training) reflect the obligation that the facilities be accessible to individuals with

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i 1
Retaliation 0 100 0 0 0 0
Sex 0 o 0 0 0 0 0
1. Female o [2 ) 0 0 0 0
2. Male o [1 0 0 0 0
National Origin 0 y 0 0 0 0 0
1. Hispanic 0 y 0 0 0 0 0
2. Other 0 0 0 0 0 0 0
Equal Pay Act 0 A 0 0 0 0
Age o [2-1 0 0 0 0
Disability 0 A 0 0 0 0
1. Physical 0 |&7 | 0 0 0 0
2. Mental 0 BA 0 0 0 0
Non-EEO o [2] 0 0 0 0

(U) Table 9. Number of Final Agency Actions Involving a Finding of Discrimination by Issue,
(see 29 C.F.R. § 1614.704(k))
This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022

Total Number of Findings of

Discrimination 9 ! 6 o 0 0
Appointment/Hire 0 0 0 0 0 0
Assignment of Duties 0 i 0 0 0 0
Awards 0 0 0 0 0 0
Conversion to Full-Time 0 0 0 0 0 0

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(1) (U) ODNI will provide PAS if:
(a) (U) The employee requires such services because of a targeted disability;
(b) (U) The requesting employee will be able to perform the essential functions of the

job, without posing a direct threat to safety, once PAS and any required reasonable
accommodations have been provided; and

(©) (U) Providing PAS to the requesting employee will not impose undue hardship on
ODNI.

(2) (U) The process for requesting PAS, the process for determining whether such services
are required, and ODNI's right to deny such requests when provision of the services would pose
an undue hardship, are the same as for reasonable accommodations.

G. (U) Absent an undue hardship, ODNI will provide a reasonable accommodation to a
qualified individual or applicant who:

(1) (U) Requests an accommodation in order to participate in the application process;

(2) (U) Requests an accommodation to enable the individual to perform the essential
functions of the job or to gain access to the workplace; or

(3) (U) Requests an accommodation to enjoy equal benefits and privileges of employment,
enjoyed by similarly situated individuals without disabilities.

H. (U) Types of Reasonable Accommodations
(1) (U) The authorized official, in consultation with the Disability Program Manager, and

the Office of General Counsel (OGC), as appropriate, may choose among reasonable
accommodations as long as the chosen accommodation is effective. Through the interactive
process, the authorized official will solicit and consider the individual's input, but the authorized
official has the ultimate discretion to choose among proposed effective accommodations.
Reasonable accommodations may include, but are not limited to:

(a) (U) Making existing facilities readily accessible;

() (U) Job restructuring, removing and/or substituting a non-essential job function;

(c) (U) Approving part-time or modified work schedules;

(d) (U) Granting breaks or approving leave;

(e) (U) Acquiring or modifying equipment or devices in such manner that provides
effective accommodation while ensuring security considerations are met;

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(U) APPENDIX IV: ODNI MANDATORY PERFORMANCE OBJECTIVE

(U) For Non-Supervisory Employees

(U) Promotes inclusiveness, diversity, communication, collaboration, teamwork, and
partnership between and among all ODNI employees, to include peers. Leads by example to
ensure one’s own conduct is professional and comports with all equal employment opportunity
rules and requirements. Seeks, listens to, and considers others’ ideas and opinions, even when they
differ from one’s own. Supports and contributes to ODNI diversity, equity, inclusion, and
accessibility goals and initiatives. Fosters an inclusive organizational culture by promoting
collaboration, flexibility, fairness, and transparency.

(U) For Supervisors/Manager

(U) Promotes inclusiveness, diversity, communication, collaboration, teamwork, and
partnership between and among all ODNI employees, to include peers, as well as subordinate
supervisors. Leads by example to ensure one’s own conduct is professional and comports with all
equal employment opportunity rules and requirements. Seeks, listens to, and considers others”
ideas and opinions, even when they differ from one’s own. Supports and contributes to ODNI
diversity, equity, inclusion, and accessibility goals and initiatives. Fosters an inclusive
organizational culture by promoting collaboration, flexibility, fairness, and transparency. Promotes
equal employment opportunity and prevents workplace discrimination and harassment, following
requirements for supervisors outlined in the MD-715 Compliance Indicators.

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Intelligence Community Directive 120, Intelligence Community Whistleblower Protection (20
March 2014); and other policy guidance. The Inspector General of the IC (IC IG) is authorized by
statute to conduct independent reviews of claims of whistleblower retaliation submitted by ODNI
and other IC personnel and contractors. The IC IG also has the statutory authority to receive
complaints of information from IC whistleblowers who intend to report a matter of “urgent
concern” to the congressional intelligence committees.> Together, these statutory authorities and
presidential and IC directives provide IC employees and contractors with certain whistleblower
protections similar to those found in the No FEAR Act.

(U) No FEAR Act web-based training, required for all ODNI employees, addresses the
rights and remedies available to employees via the EEO process. IC whistleblowing training,
mandatory for all ODNI employees and contractors, addresses the rights and remedies available to
those who may disclose information through the appropriate channels as set forth in the
Presidential Policy Directive 19 and Intelligence Community Directive 120. ODNI is committed to
preventing discrimination and retaliation in ODNI and the IC.

4 (U) See 50 U.S.C. § 3236 (permitting “individual[s]” with claims that they have been subjected to prohibited
personnel actions under Section 3234 or reprisal under Section 3341 to the IC IG “a request for review of such claim[s]
by an external panel [.]”

5 (U) 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 Executive Order, or deficiency relating to the funding, administration, or operation of an
intelligence activity under ODNI’s jurisdiction; or a false statement or willfully omitted material information to
Congress, relating to the funding, administration, or operation of an intelligence activity within ODNI’s jurisdiction; or
an actual or threatened reprisal action for having previously reported an urgent concern. See § 3033(k)(5)(G).

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determine when such information may be released in accordance with applicable statutes.
Specifically, confidential medical information may only be disclosed to:

(@) (U) Supervisors and managers who need to know may be told about necessary
restrictions and about the necessary accommodation(s);

(b) (U) First aid and safety personnel may be told if the disability might require
emergency treatment;

(c) (U) Government officials to investigate the agency’s compliance with the
Rehabilitation Act;

(d) (U) Workers’ compensation offices or insurance carriers; and
(e) (U) ODNI’s EEO officials in order to maintain records.

T. (U) Information Tracking: The Reasonable Accommodations Office shall track
information about the reasonable accommodation process in order to maintain an accurate
record. Such records will be made available to the EEOC upon request and will include, at a
minimum:

(1) (U) The specific reasonable accommodation requested;

(2) (UW) The job (occupational series, grade level, and agency component),

(3) (U) Whether the accommodation was needed to apply for a job, perform the essential
functions of a job, or enjoy the benefits and privileges of employment;

(4) (U) Whether the request was granted (which may include an accommodation different
from the one requested) or denied;

(5) (U) The identity of the deciding official;
(6) (U) If denied, the basis for such denial; and

(7) U) The number of days taken to process the request.

7, (U) RESPONSIBILITIES
A, (U) The COO will:

(1) (U) Provide policy oversight;

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modification does not mean that ODNI considers the individual to be an individual with a
disability or a person who has a record of a disability.

D, (U) Esser Job Functions: Essential job functions are the fundamental duties of a
position the individual holds or desires. A function can be “essential” if, among other things, the
position exists specifically to perform that function, there are a limited number of personnel who
could perform the function, or the function is highly specialized and the individual is hired based
on expertise or ability. The essential functions of a position must be determined on a case-by-
case basis, and must reflect the actual job performed, and not simply the components of a generic
position description. (Americans with Disabilities Act)

E. (U) Extenuating Circumstances: Extenuating circumstances are those which could not
reasonably have been anticipated or avoided in advance of the request for accommodation, or are
outside of ODNI control. These can include situations in which equipment must be back-
ordered, the vendor typically used by ODNI has unexpectedly gone out of business, or the
equipment is not compatible with ODNI security requirements and must be modified for the
classified working environment. When extenuating circumstances are present, the time for
processing a request for a reasonable accommodation and providing the necessary
accommodation will be extended as reasonably necessary.

F. (U) Flexible Work Schedule (FWS): In the case of a full-time employee, there is a basic
80-hour work requirement that allows an employee to determine their own schedule with the
approval of a supervisor. In the case of a part-time employee, there is a basic work requirement
of less than 80 hours that allows an employee to determine their own schedule within limits set
by a supervisor. (ODNI Instruction 73.07)

G. (U) Hiring Official(s): Human Resources and ODNI officers who are involved in the
selection process for ODNI positions.

H. (U) Interactive Process: The process by which the individual requesting an
accommodation and the competent authority involved discuss the request for accommodation,
communicate, exchange information, search for solutions, and consult resources as needed, to
determine whether an accommodation will be provided, and as necessary, to examine potential
alternative accommodations. (Americans with Disabilities Act of 1990)

I. (U) Personal Assistance Services (PAS): PAS provides assistance with performing
activities of daily living that an individual would typically perform if they did not have a
disability, and that is not otherwise required as a reasonable accommodation, including, for
example, assistance with removing and putting on clothing, eating, and using the restroom. (29
CFR. Sec.1614,203(d)(5))

J, (U) Qualified Individual: An individual who satisfies the requisite skill, experience,
education, and other job-related requirements of the position such individual holds or seeks, and
who, with or without reasonable accommodation, can perform its essential functions of such
position. (Rehabilitation Act of 1973)

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J. U) ODNI Personnel

(1) (U) Managers and supervisors may not ask whether an individual has a disability, or
question the nature or severity of a disability, if one is revealed or is apparent. However, when
an individual has a known disability—either because it is obvious or the individual has
voluntarily disclosed the information—and one could reasonably believe that the individual will
need a reasonable accommodation to perform specific job functions, the individual’s manager or
supervisor must contact the Disability Program Manager for guidance, in order to identify an
effective accommodation.

(2) (U) To ensure a responsive reasonable accommodation process, ODNI will train
supervisors and managers to recognize when an employee is making an accommodation request.
For example, supervisors and managers should be attuned to employees indicating they are
having difficulty performing their job, such as difficulty reading a computer screen, hearing
others speak, and similar statements indicating a possible need for help in performing their jobs.
Itis then the supervisor’s responsibility to proactively ask how they can help the employee
address the difficulty. Similarly, if an employee states that some sort of change or assistance is
required based on a medical condition, supervisors and managers should interpret this statement
as a request for a reasonable accommodation.

K. (U) Federal Civilian Detailees to ODNI: ODNI will accommodate detailees, who are
qualified individuals with disabilities, in the position to which they have been detailed, to include
ensuring reasonable accommodation is provided to enable an individual with a disability to have
an equal opportunity to apply for a detailee position. Memoranda of Understanding (MOUs) for
detailees must include a provision requiring the employing agency to bear the cost of any
accommodation required in order for the detailec to perform in a detail position, An individual
who is not able to perform the essential functions of the position to which they are detailed (i.e.,
is no longer qualified for the position) will be returned to their employing agency.

L.(U) Contractors: Contractors must contact their employer for arranging a reasonable
accommodation, Contracting Officer’s Technical Representatives (COTRs) or Contracting
‘Officers (COs) must work with the Chief, Counterintelligence and Security (CIS) to ensure any
proposed accommodations made by a contractor's employer will not introduce security
vulnerabilities. Compliance with contract terms, such as provision of information technology
(IT) and office furnishings and equipment to contractor personnel when required under a contract
is not considered a reasonable accommodation under the law. COTRs should consult with COs
to determine whether a request by a contractor to substitute office furnishings and equipment is
within the scope of the contract terms, or whether the contractor must be referred to the employer
for a reasonable accommodation. When a substitution in office equipment or supplies is made
pursuant to the contract terms, COTRs or COs must document that in the contract file. COTRs
and COs may consult with the Disability Program Manager or OGC for further guidance, if
needed.

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6. (U) POLICY

A. (U) ODNI will provide reasonable accommodations to individuals and applicants with a
disability. If the individual or applicant is able to perform the essential job functions, with or
without a reasonable accommodation, the individual’s or applicant’s disability will not preclude
ODNI employment. In accordance with applicable laws, ODNI must provide reasonable
accommodation to qualified employees or applicants with a disability, unless doing so would
cause undue hardship.

B. (U//FOUO) The reasonable accommodation process is an interactive process during which
the employee, management, authorized officials, and the Disability Program Manager work
together, communicating carly and periodically, to determine the best solution. Throughout the
process, individuals may contact the Disability Program Manager by unclassified email
(DNI_DRA@ani.gov) or classified email
(DNI_REASONABLE_ACCOMMODATION_WMA@cia.ic.gov).

C. (U) When an individual requests a type of reasonable accommodation that will likely be
needed on a repeated basis (for example, the use of sign language interpreters), the individual is
not required to go through the reasonable accommodation request process multiple times. Once
the reasonable accommodation is approved the first time, the individual may obtam the
accommodation by notice of subsequent need to the individual or office that initially provided
the accommodation. For example, for sign language interpreter services, the individual or
supervisor may submit a request through the Reasonable Accommodation Program website.

D. (U) Supervisors and managers may be advised of necessary restrictions on work-related
duties, to include official travel, for individuals with a reasonable accommodation. Emergency
and security personnel may be advised if the individual requires or might require particular
treatment or assistance during an evacuation. Government officials investigating compliance
with non-discrimination laws and regulations must be given relevant information upon request.

E. (U) To ensure a responsive reasonable accommodation process, ODNI will ensure
supervisors and managers are aware of the Equal Employment Opportunity Commission’s
(EOC) resource materials available for their use. Resource examples inchide the EEOC’s
Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees
Under the Americans with Disabilities Act (2000), and Enforcement Guidance on Reasonable
Accommodation and Undue Hardship Under the Americans With Disabilities Act (revised
October 17, 2002).

F. (U) As part of the Reasonable Accommodation Program, ODNI will provide Personal
Assistance Services (PAS) to qualified employees, who, because of certain targeted disabilities,
require assistance to perform activities of daily living that an individual would typically perform
jf the individual did not have a disability, such as eating and using the restroom.

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(2) (U) Issue decisions on applicant or employee requests for reconsideration of denials of
reasonable accommodation requests in a timely manner; and
(3) (U) When reassignment to a new position is sought as a reasonable accommodation,
and no appropriate position is identified, determine whether separation of the employee is
appropriate.
B, (U) The Disability Program Manager will:

(1) CU) Implement this Instruction;

(2) (U) Forward policies and procedures governing the provision of reasonable
accommodations to the EEOC, in accordance with EO 13164;

(3) (U) Monitor and advise ODNI leadership on compliance with the governing laws,
regulations, EOs, and EEOC guidance related to the provision of reasonable accommodations;

(4) (U) Oversee the processing of requests for reasonable accommodations and fund those
reasonable accommodations that have been determined appropriate;

(5) (U) Request, maintain, and release relevant medical information concerning reasonable
accommodations in accordance with Section 6.S.;

(6) (U) Monitor, track, and report on the provision of reasonable accommodations;

(7) (U) Maintain a central fund for reasonable accommodations during each fiscal year to
facilitate delivery of accommodations within timelines referenced in this policy, and to ensure
federal reporting requirements regarding reasonable accommodations are met;

(8) (U) Ensure ODNI reasonable accommodations policies and procedures that inform
individuals with disabilities about their rights and responsibilities are readily accessible to all
ODNI personnel and applicants for employment, including using alternative formats for those
with disabilities, These policies and procedures will be posted to ODNI’s internal and external
websites;

(9) (U) Ensure authorized officials and hiring officials understand their roles and
obligations with respect to the provision of reasonable accommodation;

(10) (U) Provide advice and guidance to ODNT personnel, applicants, and supervisors
concerning reasonable accommodations, and serve as the focal point for available resources; and

(11) (U) Consult with OGC, CLPT, OEEO, and IMO, as appropriate.

C. (U) The Chief, HRM, or designee will:

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UNCLASSIFIED

SUBJECT: _ Director’s Statement on Equal Employment Opportunity

limited to, recruitment/hiring, merit promotion, transfer, reassignments, training and career
development, benefits, and separation. To this end, I expect leaders with the authority to take,
recommend, or approve personnel actions to partner with diversity and EEO professionals to
identify and remove any institutional, attitudinal, and physical barriers to equal opportunity
found within the workplace. We want our workforce to be empowered and encouraged to stand
out for thinking differently, and rewarded for leveraging their unique experiences to solve the
Nation’s toughest intelligence problems,

We will, over time, improve, evaluate, and learn from our workforce engagements and
employment practices to build upon our progress in fostering a diverse and inclusive workplace
at the ODNI that ensures everyone gets a fair chance to succeed, making us the best intelligence
community we can be. Thanks so much to all of you for helping us improve.

(ord: = Ap 1D, a0,
Avril D. Haines Dat

UNCLASSIFIED

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(U) APPENDIX I: ODNI EQUAL EMPLOYMENT OPPORTUNITY DATA
POSTED PURSUANT TO TITLE III OF THE NOTIFICATION AND
FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION
ACT OF 2002 (NO FEAR ACT) PUB. L. 107-174

(U) Table 1. Number of Complaints, (see 29 C.F.R. § 1614.704(a)-(c))
This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022

Number of Complaints
Filed during the FY 8 5 4 7 9 7

Number of Complainants

Who filed a complaint
during the FY

Who filed two or more
complaints during the FY

(U) Table 2. Number of Complaints by Basis, (see 29 C.F.R. § 1614.704(d))
This table is UNCLASSIFIED.

Fiscal Year
2017 2018 2019 2020 2021 2022
Race 4 4 i 2 1 4
Color 0 2 0 0 0 5
Religion 0 0 0 0 1 1
Retaliation 6 4 1 2 2. 4
Sex 4 3 1 4 3 4
Pregnancy 0 0 0 0 0 0
National Origin 0 0 0 0 0 1
Equal Pay 2 0 0 1 0 0
Age 2 2 0 2 I 5
Disability 2 1 1 3 4 3)
a Non- 0 0 0 0 0
Non-EEO 0 0 0 2 0 1

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summaries of all counseling sessions, evaluations, meetings, and job offers to the employee. The
documentation must note items discussed, the nature of the accommodation options that were
considered, and resolutions to any pertinent issues. If possible, employees should sign any
counseling sessions or evaluations pertaining to them and should be provided copies for their
records,

P. (U) Denial of a Request for a Reasonable Accommodation

(1) (U) Prior to denying a reasonable accommodation request based on cost, all ODNI
resources must be considered as a whole, excluding those designated by statue for a specific
purpose that does not include reasonable accommodation.

(2) (U) If an individual’s request for an accommodation is denied, the authorized official
will respond to the applicant or employee, in writing and in accessible format if requested, at the
time of denial with the specific reasons for the denial. The notice of denial must include:

(a) (U) Information encouraging the option of voluntary informal dispute resolution;
(b) (U) Information on how to file for reconsideration in accordance with Section 6.Q.;

(¢) (U) Information about the individual’s right to file an EEO complaint pursuant to 29
CFR. 1614.106 and invoke other statutory processes as appropriate;

(d) (U) Instructions on how to file an EEO complaint and explain that the individual must
initiate contact with an EEO Counselor within 45 days of the denial, regardless of whether the
applicant or employee participates in the voluntary informal dispute resolution process;

(e) (U) Name and contact information of the authorizing official that made the denial
decision; and

{£) (U/FOUO) Contact information for the ODNI Reasonable Accommodations team
including addresses for unclassified emai! (DNI_DRA@dni.gov) or classified email
(DNI_Reasonable_Accommodation_ WMA@eia.ic.gov), and the unclassified website
(wwwidni.gov/accessibility) and classified website (odnihub.cia or Home/eSNow
Workspace/ServiceNow).

(3) (U) If an individual’s original request for a specific accommodation is denied, and the
authorized official offers an alternative accommodation, the written response, in accessible
format if requested, to the individual will explain the reason(s) for denying the requested
accommodation and the reason(s) the chosen accommodation is deemed effective.

(4) (U) The Disability Program Manager must be notified of the final decision on all
reasonable accommodation requests.

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N, (U) Processing Requests for Reasonable Accommodations

(1) (U) The processing of a request for accommodation will begin within three (3) working
days of initial receipt of the verbal or written request unless special circumstances require that a
request be processed immediately. For example, expedited processing might be necessary when
the reasonable accommodation is needed to enable an individual or applicant to apply for a job
within the required timeframe or to attend a scheduled meeting. Everyone involved in the
processing of a request should respond as soon as possible,

(2) (U) Reasonable accommodation requests will be granted or denied within 10 business
days of a request to an authorized official, absent the need for additional medical information, or
other extenuating circumstances. In those cases where a disability and/or need for
accommodation is not obvious, and ODNI has requested necessary medical information, ODNI
is not required to adhere to the prescribed time frames if an individual has not provided the
necessary medical information. The time period permitted for granting the accommodation
begins when the accommodation is first requested. The Disability Program Manager provides
the recommendation to the authorized official for review no later than 10 days after receiving all
required medical documentation. If the authorized official concurs with the recommendation, the
Disability Program Manager will send the recommendation to the requester. When a particular
accommodation can be provided in less than the maximum amount of time permitted, failure to
respond promptly may result in a violation of the Rehabilitation Act of 1973.

(3) (U) Because the interactive process is intended to be flexible, decisions concerning
requests for reasonable accommodations should be made as quickly as feasible, and
implementation of approved reasonable accommodations should be made at the lowest possible
level, fo minimize the burden on the requester and to expedite the processing and delivery of
reasonable accommodations. It is imperative throughout this process that those responsible for
making decisions regarding reasonable accommodations maintain open communication with the
individual requesting accommodation in order to gain a clear understanding of their needs and
the nature of the accommodation request. Failure to process accommodation requests in a timely
fashion may result in an undue delay or an improper denial of the request.

(4) (U) If the authorized official non-concurs, the Disability Program Manager will work
with the authorized official and requester towards an alternate recommendation. Once an
alternate recommendation is approved by the authorized official, the Disability Program
Manager will send the recommendation to the requester. In consultation with the Disability
Program Manager, the authorized official should grant or deny the request within 10 business
days from the date of the request, or the date when the Disability Program Manager receives all
required medical documentation, in cases where such documentation is required.

(5) (U) All ODNI personnel who process reasonable accommodation requests will ensure
that response times are kept to a minimum, and will respond promptly to requests by the
Disability Program Manager for information, assistance, and provision of accommodations. Any

delays may result in the ODNT’s failure to satisfy legal requirements for providing timely and
effective reasonable accommodations.

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(U) IV. No FEAR FY 2017-FY 2022, Year-End Data Report

(U) Appendix I contains ODNI’s year-end FY 2022 EEO complaint data and the data from
preceding fiscal years, in accordance with 5 C.F.R. § 724.302(a)(4) and 29 C.F.R. § 1614.705.

(U) V. Analysis of EEO Complaint Trends and Causality
(U) EEO Complaint Acti

(U) Over the past five years, the baseline number of complaints has remained low.
Following attempts at resolution during EEO counseling, aggrieved individuals filed seven formal
complaints in FY 2022, compared to nine formal complaints filed in FY 2021—a 22 percent
decrease. (The seven formal complaints filed in FY 2022 also match the seven formal complaints
filed in FY 2020. Due to the low number of complaints ODNI typically receives, there are no
obvious trends in the data from which a specific reason for the slight decrease in complaints from
FY 2021 to FY 2022 may be readily discerned.

ty and Causality

(U) Bases of Discrimination in EEO Complaints

(U) During FY 2022, color and age were the most frequently alleged bases of
discrimination, with five complaints each. Race, retaliation, and sex were the second most
frequently alleged bases, with four complaints each. This contrasts with FY 2021, in which the
most frequently alleged bases were disability (four cases) and sex (three cases). Due to the low
number of complaints, there are again no obvious trends in the data for complaint activity.

(U) Issues in EEO Complaints

(U) During FY 2022, the most frequently raised issue in discrimination complaints was
non-sexual harassment, which resulted in six complaints. When compared to the two complaints
alleging non-sexual harassment in FY 2021, this represents a noticeable increase. While the
increase in non-sexual harassment complaints may be attributable to employees returning to the
office after primarily working from home in FY 2021 and FY 2020, the low number of complaints
across FY 2020, 2021, and 2022 means that a specific cause is not readily determinable. Further,
both FY 2018 and 2019, years when employees were primarily in the office, also yielded,
respectively, two and zero non-sexual harassment complaints.

(U) Regardless of any causal analysis, proactive steps are being taken to address this
increase. ODNI’s anti-harassment program and OEEO continue to refine EEO-related processes
and training while increasing education among the workforce. These actions enhance employee
awareness of their rights while highlighting the need for proactive prevention of discrimination,
harassment, and other prohibited personnel practices. This is an area that OEEO will continue to
monitor and address as appropriate.

(U) Practical Knowledge Gained Through Experience

(U) In FY 2022, OEEO continued to work through changes in leadership and organization
that impacted strategic goals and efforts from FY 2021. Despite these challenges, including a
significant depletion of staff and related resources, OEEO processed cases, provided consultation

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(U) REPORTING OBLIGATIONS

(U) I. EEO Activity in Federal Courts

(U) During FY 2022, two cases arose in federal courts under antidiscrimination laws. One
case, which involved claims related to, among other provisions, Title VII of the Civil Rights Act of
1964 and the Equal Pay Act of 1963, was dismissed by the U.S. District Court for the District of
Columbia on 27 July 2022. In the other, the Supreme Court rejected a petition for certiorari,
involving Title VII as well as generalized claims of federal employment discrimination on 6
December 2021.

(U) HL. Judgment Fund Reimbursement

(U) ODNI made no reimbursements to the Judgment Fund for payments, as defined in
5 C.F.R. § 724.103.

(U) HL. Disciplinary Action and EEO-Related Policy

(U) During FY 2022, no disciplinary actions, as defined in 5 C.F.R. § 724.302(a)(3) or
(a)(5), were taken against ODNI employees.

(U) ODNI is committed to providing a workplace that promotes productivity and
professionalism, as well as an inclusive environment that protects the dignity of the entire
workforce. The DNI annually issues a policy statement that promotes anti-harassment, equal
employment opportunity, and diversity while declaring that ODNI prohibits and will not tolerate
discrimination, harassment, or retaliation. The Director’s Statement on Equal Employment
Opportunity, issued on 22 April 2022, advises that individuals will be subject to appropriate
corrective action if they are found to have engaged in discriminatory or harassing behavior
(Appendix IT).°

(U) In addition to policies concerning corrective action, ODNI continues to implement
policies promoting equal employment opportunity, diversity, and accessibility. On 16 August
2022, ODNI signed Instruction 121.01, Facilitating Reasonable Accommodations for Individuals
with Disabilities (Appendix II.’ OEEO worked alongside Human Resources Management
(HRM) by providing support and expertise towards establishment of this Instruction. This
Instruction provides guidance for the effective facilitation of reasonable accommodations for
personnel and applicants with disabilities, including guidance on the initiation and processing of, as
well engagement with, such requests. ODNI Instruction 121.01 also outlines the types of
reasonable accommodations, the responsibilities of personnel involved in the process, and the
process to ensure confidentiality protections.

©(U) ODNI Instruction 30.01, Review of Employee Performance, Conduct, and Suitability (5 March 2014), sets forth
disciplinary procedures.

g Reasonable Accommodation (27 June 2017), and
itating Reasonable Accommodations.

7(U) The instruction replaces ODNI Instruction 121.01, Facilitan
incorporates Internal Process Document 121.01a, Process for Fe

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(U) APPENDIX III: ODNI INSTRUCTION 121.01—FACILITATING
REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH
DISABILITIES, REVISION 1, 16 AUGUST 2022

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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGE!
STRUCTION 121.01

y and Reasonable Accommodations
Human Resources

Revision L

CE

Category 121—Ace
Office of Primary Responsi

SUBJECT: (U) FACILITATING REASONABLE ACCOMMODATIONS FOR
INDIVIDUALS WITH DISABILIT!

1. (U) AUTHORITIES: The National Security Act of 1947, as amended; and other applicable
provisions of law.

2. (U) REFERENCES: The Civil Rights Act of 1964, as amended; the Rehabilitation Act of
1973, as amended; the Americans with Disabilities Act of 1990, as amended; the Architectural
Barriers Act of 1968, as amended; the Privacy Act of 1974, as amended; the Genetic Information
Non-Discrimination Act of 2008 (GINA); Executive Order (EO) 13164; 29 CFR. Part 1630;
Intelligence Community Directive (ICD) 110. Jntelligence Community Equal Employment
Opportunity and Diversity; Office of the Director of National Intelligence (ODNT) 73.07, Work
Schedules, ODNI Instruction 77.11, Staff Reserve Appointments in the ODNI; ODNI Instruction
103.01, Travel Policy; ODNI Instruction 113.02, Use of Portable Electronic Devices; and ODNI
Instruction 120.02, Equal Employment Opportunity Discrimination Complaint System

3.(U) PURPO!

A. (U) This Instruction establishes ODNI policy, procedures, and responsibilii
providing reasonable accommodations for qualified individuals or applicants who have, or who
develop, a disability. This Instruction replaces ODNI Instruction 121.01, Facilitating
Reasonable Accommodations, 27 Junc 2017, and incorporates Internal Process Document
121.01a, Process for Facilitating Reasonable Accommodations.

B. (U) This Instruction is intended to provide guidance for the implementation of the
Rehabilitation Act of 1973. Nothing in this Instruction shall be construed as creating any legal
rights for individuals or applicants other than the rights such persons may have under e
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discriminatory or harassing behavior. During FY 2022, OEEO assisted HRM with the
development of a new employee performance evaluation objective focused on diversity, equity,
and inclusion (Appendix IV) for implementation in FY 2023. This objective measures an
employee on their promotion of inclusiveness and diversity, among other traits, within the
ODNI. With this new objective in place, the workforce is further encouraged to adopt
inclusive, equitable behavior. Following adoption of this objective, OEEO intends to engage in
additional analysis concerning any impact it may have in promoting inclusion and diversity
within ODNI.

(U) VI. EEO Trainin

(U) OEEO also reviewed and improved its EEO training opportunities. In March 2022,
ODNI launched a new, mandatory supervisory and management EEO course that all ODNI
supervisors and managers are required to take. Furthermore, any employee who becomes a new
supervisor is automatically enrolled in the course. By training supervisors and managers on EEO
and anti-harassment principles, reasonable accommodation pro: s, and religious
accommodation processes, they are armed with information facilitating proactive prevention of
discrimination, harassment, and other prohibited personnel activity. By FY 2023, ODNI expects
all managers and supervisors to complete the course. ODNI also provides mandatory Unconscious
Bias training for all senior managers and supervisors who participate in ODNI’s Career Advisory
Boards (career development and promotion boards).

(U) Throughout FY 2022, ODNI continued to offer an EEO briefing during new employee
Orientation/Entry on Duty (EOD), which complies with the No FEAR Act requirements. As of FY
2023, ODNI has also updated its EEO-related content for all EOD classes to ensure all new ODNI
officers are aware of their rights and responsibilities.

(U) Finally, the agency learning management system hosts an online No FEAR Act Training
module, which tracks and notifies employees of their biannual training requirement.

(U) These training initiatives ensure ODNI’s workforce is fully trained in EEO at multiple

stages of their ODNI career, engraining and enhancing behaviors and attitudes that can improve
equal employment opportunity in the workplace.

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(6 (U) Providing specially designed furniture;
(g) (U) Providing qualified service providers, such as sign language interpreters;
(h) (U) Modifying testing and examination procedures;

(i) (U) Upgrading seating or class of service for official travel, as described in ODNI
Instruction 103.01; or

() (U) Offering reassignment of ODNI permanent cadre employees to a vacant
position.

(2) (U) ODNT is not required to create a position as an accommodation to individuals or
applicants with disabilities, however, supervisors or managers must consider reassigning
nonessential job functions or modifying how essential job functions are performed.
(3) (U) Reasonable accommodations DO NOT include:
(a) (U) Removing an essential function or hiring someone else to perform it;

(0) (U) Lowering performance or production standards;

() (U) Excusing misconduct in violation of uniformly applied rules that are job-related
and consistent with business necessity; or

(@) (U) Providing items that are primarily for personal use, such as prosthetic limbs,
glasses, or wheelchairs, unless this equipment is specifically designed or required to meet job-
related, rather than personal needs. These requests are distinct from PAS, such as providing a
sign language interpreter.

1. (U) Applicants for ODNI Cadre Employment: ODNI will provide reasonable
accommodations to otherwise qualified applicants with disabilities who request a reasonable
accommodation to participate in the application process, unless the hiring component can
demonstrate that a particular accommodation would impose an undue hardship on ODNI
operations, When undertaking applicant processing, ODNI personnel will observe the practices
below:

(1) (U) Accommodation during the application and interview process:

(a) (UU) Applicants will be advised of the hiring process (¢.g., an interview, security, and
medical evaluations), and that reasonable accommodations may be provided for this process.

(b) (U) During the application process and before a conditional offer of employment
(COB) is made, ODNT hiring officials may not ask applicants any questions that are likely to

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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

(U) Fiscal Year 2022 Annual Report to Congress
on the Notification and Federal Employee
Antidiscrimination and Retaliation (No FEAR) Act
of 2002

April 2023

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Training

Other

(U) Table 4. Average Processing Time, (see 29 C.F.R. § 1614.704(f))

This table is UNCLASSIFIED

Fiscal Year

2017 | 2018 | 2019 | 2020 | 2021 | 2022
1614.704(f)(1) 5
All Pending 389 786 577 293 357 541
1614.704(1)(2) ,
No tess Requested | 159 | 270 | 168 | 142 55 213
1614.704()(3) 1076 | 1475 | 1241 | 444 | 942 | 1001
— Hearing Requested

(U) Table 5. Number of Complaints Dismissed Pursuant to 29 C.F.R. § 1614.107(a) and
Average Length of Time Pending Prior to Dismissal, (see 29 C.F.R. §1614.704(g))

This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022
Number of Complaints 3 4 0 1 2 4
Dismissed
Average Number of
Days Pending Prior to 73 44 0 59 57 74
Dismissal
(U) Table 6, Number of Complaints Withdrawn, (see 29 C.F.R. § 1614.704(h))
This table is UNCLASSIFIED
Fiscal Year
2017 2018 2019 2020 2021 2022
Number of Complaints 4
Withdrawn ° ~ o I 0 2

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(U) Table 3. Number of Complaints by Issue, (see 29 C.F.R. § 1614.704(e))

This table is UNCLASSIFIED

Fiscal Year

2017

2018 2019

2020

2021 2022

Appointment/Hire

0 0

1

2 0

Assignment of Duties

wlo

1

Awards

Conversion to Full-Time

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co|o}jo

Disciplinary Action

1. Demotion

. Reprimand

~ Suspension

Bj fro

_ Removal

5. Other

Duty Hours

Evaluation/Appraisal

Examination/Test

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elwlolololo}-jo
cjolololeloloj|o

e|lynl[ojololo|-lo

el-lolol|olojolo
Oly Joly jololoj—

Harassment

1. Non-Sexual

2. Sexual

Medical Examination

Pay/Overtime

Promotion/Non-Selection

=| lolo la

He l—lolol}y
clololo|o

vie jolo}y

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elojolo|lan

Reassignment

1. Denied

°

2. Directed

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°
um |o

Reasonable
Accommodation

Reinstatement

Religious Accommodation

Retirement

Sex-Stereotyping

Termination

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elojololo| co jojo

elolo|[olco

Terms/Conditions of
Employment

Nlolo|—-lo
© jnjojolojo| o

Time and Attendance

is)
colo

colo

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accommodation, or that the employer knows that it will become available within a reasonable
amount of time, as determined on a case-by-case basis considering relevant facts, such as
anticipated detailee rotations and other personnel movements. Reassignment may be made to a
vacant position outside of the employee’s commuting area if the employee is willing to relocate.
ODNI will not fund the employee’s relocation costs.

(2) (0) If an employee needs to be reassigned as an accommodation, the Chief, HRM, or
designee, will meet with the employee to discuss the employee's current job tasks, skills, and the
limits the employee may wish to place on the vacancy search, employee positions of interest, and
the other types of jobs within ODNI the employee may be able to perform. An employee may be
reassigned within the employce’s component of assignment, or another component within ODNI,
with a final determination made by the the Chief, HRM, or designee. The Chief, HRM, or
designee, will review all vacant positions at the employee's current grade. If there is no vacant
equivalent grade position, the employee will be reassigned to a vacant lower grade position for
which the individual is qualified. If the employee is qualified for the position, the employee
should be reassigned noncompetitively to the job as a reasonable accommodation.

(3) (U) The ODNI-wide position review will be conducted by the Chief, HRM, or
designee, in consultation with the ODNI Senior Employee Management Officer (SEMO) and/or
the EMRO. In preparation for a review of vacant positions in consultation with the SEMO and
the EMRO, the Chief, HRM, or designee, will:

(a) (U) Review ODNI vacancies at or below the employee’s current grade to determine
if a suitable position exists that meets the accommodation needs of the employee; and

(b) (U) Provide a package of background information that will include: the employee's
current biographic profile, last two Performance Evaluation Reports, and active reprimands, if
any, for SEMO and EMRO reference. The SEMO and the EMRO may be advised of restrictions
that would affect placement of the employee into a suitable position.

(4) (U) If the employee accepts a position identified through this process, the employee
will be reassigned as soon as possible.

(5) (U) Ifa determination is made that no position exists that would allow the employee to
perform the essential job functions with or without reasonable accommodation, and the coo
determines that separation of an employee is appropriate, the Chief, HRM or designee, will
provide written notification to the employee. The Chief, HRM, or designee, will review with the
employee available options such as immediate retirement, eligibility for medical disability
retirement, or involuntary separation. Within 30 calendar days of the determination that no
position exists, the Chief, HRM, or designee, must deliver copies of the documentation to the
COO for retention.

(6) (U) The Chief, HRM, or designee, must develop procedures to ensure careful

documentation of meetings, discussions, and decisions throughout the reasonable
accommodation process for reassignment. The Chief, HRM, or designee, will prepare written

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(2) (U) Absent an extenuating circumstance, the accommodation should be provided as
soon as possible, but no later than 15 business days from the date of the request—if medical
documentation is unnecessary—or five(5) business days from the date of approval. Where the
accommodation is simple and straightforward, the responsible office(s) should provide the
accommodation immediately, absent undue hardship, but must still coordinate with the Disability
Program Manager to ensure proper recording and tracking of the accommodation.

(b) (U) Extenuating circumstances may justify delays beyond the 15 day time period.
The Disability Program Manager will notify the individual or applicant of the reason for a delay
and will keep the individual informed of the expected date the request will be processed. If there
is a delay in processing an approved request, the Disability Program Manager, in concert with
the individual’s supervisor or manager, shall provide interim accommodations that will allow the
individual to perform some or all of the essential functions of the individual’s job, if it is possible
to do so without imposing undue hardship on the agency.

(6) (U) An individual or applicant cannot be compelled to request or accept an
accommodation. However, an individual who refuses the proposed accommodation may not be
qualified to remain in the job if the accommodation is needed to enable the individual to perform.
an essential job function or to eliminate a direct threat to the health or wellbeing of the individual
‘or any other person, It is within the ODNI’s discretion to determine whether an individual who
refuses an accommodation is qualified for an assigned position without such accommodation.

(7) (U) Any questions from ODNI personnel and applicants regarding an approved
reasonable accommodation will be directed to the Disability Program Manager. The Disability
Program Manager will track the processing of requests for reasonable accommodation and will
also serve as the focal point for questions regarding reasonable accommodations, requests for
medical information, implementation of accommodations, and available resources.

O. (U) Reassignment as a Reasonable Accommodation for ODNI Cadre Employees:
This Section applies only to reassignment of ODNI permanent cadre employees. Reassignment
toa vacant position for which an employee is qualified, and not just permission to compete for
such position, is a reasonable accommodation. Staff reserve cadre employees are subject to the
reassignment provisions of ODNI Instruction 77.11.

(1) (U) Reassignment is an accommodation of last resort. Reassignment will only be
considered if no accommodations are available to enable the individual to perform the essential
functions of their current job, or if the only effective accommodation would cause undue
hardship to ODNI. Employees who cannot perform the essential functions of a job, with or
without reasonable accommodation, are deemed not qualified for that job, and will be considered
for reassignment to an equivalent grade vacant position, or if there is not an equivalent grade
vacant position, reassignment to a lower grade vacant position as an accommodation. If there is
more than one vacancy for which the employee is qualified, the employee will be assigned to a
vacant position that is the closest to the employee's current position in terms of grade, status, etc.
“Vacant” means that the position is available when the employee asks for reasonable

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for the implementation of new policies, and offered training. OEEO continues to gain new cadre
EEO Specialists, in addition to contract EEO Specialists, thereby increasing the Office’s capability
to complete its mission goals.

(U) In addition to personnel additions, OEEO transitioned in FY 2022 to the use of the
system known as ETK for case tracking, which has been widely adopted by the U.S. Government.
This updated case tracking system allows the Office to track complaints from initial filing to
resolution, including decisions made on disciplinary matters, settlements, or other resolutions.
Such improvements to case tracking will assist OEEO in proactively identifying potential EEO
issues and working to prevent them.

(U) Finally, in response to concerns about limited knowledge and use of the alternative
dispute resolution (ADR) program, OEEO collaborated with the Chief Operating Officer’s Office
of the Ombudsman to develop a new ADR policy that offers ADR as a voluntary resource for
resolution of specified matters including EEO-related issues and highlights the benefits associated
with utilizing ADR. Additionally, OEEO enhanced ADR awareness by creating information
brochures and packets for individuals, explaining the difference between traditional pre-complaint
counseling and ADR, and outlining the benefits of utilizing ADR to resolve complaints. OEEO
will monitor the use of ADR in the EEO process throughout FY 2023.

(U) Improvements in the Complaint Program and Efforts at Proactive Prevention

(U) During FY 2022, OEEO processed the majority of formal EEO complaints within
regulatory timeframes, with only one complaint that exceeded the authorized timeframe (see
Appendix 1, Table 11). OEEO continues to increase efficiencies and take proactive measures to
mitigate the number of incoming complaints and ensure timely processing and completion of
investigations. As noted, OEEO began implementing the use of the system ETK in FY 2022
for tracking and monitoring case data to improve case management and reporting options in
accordance with the Cummings Act of 2020. This, combined with increased use of unclassified
systems and tools for tracking cases, has created more flexibility in processing cases and
tracking EEO data—thereby increasing OEEO’s efficiency.

(U) OEEO continues to explore other avenues for improving efficiency in the complaint
process and to proactively prevent discrimination, harassment, and other prohibited personnel
activity. As noted above, OEEO expanded its use of certified contract investigators and
counselors to assist with case processing. Expanded capacity enables OEEO staff more time to
engage in analysis of EEO data and to produce informative reports, thereby contributing to
greater avenues for proactive prevention of discriminatory behavior.

(U) In addition to expanding OEEO’s efficiency and modernizing its processes, OREO
also continued its partnership with fellow agencies within the IC to further the EEO mission.
By partnering with other IC agencies, such as the Central Intelligence Agency and the Defense
Intelligence Agency, OEEO has been able to exchange and adopt best practices. Working with
other agencies also enables the sharing of case load processing. :

(U) Finally, the agency has undertaken additional efforts to proactively prevent

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K. (U) Reasonable Accommodation: A modification or adjustment to a job-related process
(including the job application process), the work environment, or the manner or circumstances
under which the job is customarily performed that enables a qualified individual with a disability
to perform the essential job functions of their position, or to enjoy benefits and privileges of
employment, and does not place an undue hardship on the employer. Reasonable
accommodations can cover most things that enable an individual to apply for a job, perform a
job, or have equal access to the workplace and employee benefits such as kitchen areas, parking
lots, and office events. Reasonable accommodations do not include removal of essential job
functions or provision of personal use items needed outside the workplace, but may include
provision of personal use items to ensure equal access to the workplace. Refer to Section 6.H.
for types of reasonable accommodations and the procedures for requesting a reasonable
accommodation. (Americans with Disabilities Act of 1990)

L. (U) Reassignment: A reasonable accommodation of last resort, that, absent undue
hardship, is provided to ODNI permanent cadre employees who, because of a disability, can no
longer perform the essential functions of their current position, with or without accommodation.
Reassignments are made only to funded vacant positions and for employees who are qualified to
fill the vacant position. If the employee is qualified for the position, the employee will be
reassigned to the job and will not have to compete. (Americans with Disabilities Act of 1990)

M. (U) Service Animals: Service animals are defined as dogs that are individually trained to
do work or perform tasks for people with disabilities, Examples of such work or tasks include
guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and
protecting a person who is having a seizure, reminding a person with mental illness to take
prescribed medications, calming a person with Post Traumatic Stress Disorder during an anxiety
attack, or performing other duties. Service animals are working animals, not pets. The work or
task the dog has been trained to provide must be directly related to the person’s disability. Dogs
whose sole function is to provide comfort or emotional support do not qualify as service animals
under the Americans with Disabilities Act. ODNI may approve the use of Service Animals on
ODNI premises as a reasonable accommodation. (Americans with Disabilities Act of 1990)

'N. (U) Targeted disabilities: A subset of conditions that would be considered disabilities
under the Rehabilitation Act. These disabilities include: deafness, blindness, missing
extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation,
mental illness, and distortion of limb and/or spine. (Office of Personnel Management Standard
Form 256)

©. (U) Undue Hardship: If a specific kind of accommodation causes significant difficulty
or expense, ODNI may not be able to provide a particular accommodation. Determinations of
undue hardship are always made on a case-by-case basis, considering factors that include the
nature and cost of the required accommodation, the overall resources of ODNI, and the impact of
the accommodation on ODNI operations. (29 CFR. Sec. 1630.2)

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(3) (U) Cooperate with the interactive process and the accommodation evaluation process;
and

(4) (U) In the event of a denial of an accommodation request, refer to Sections 6.P. and
6.Q. above for the voluntary informal dispute resolution process and for requesting,
reconsideration of denials of reasonable accommodation requests.

K. (U) The OEEO will, in accordance with ODNI Instruction 120.02, receive and process

complaints of discrimination when an individual or applicant alleges a delay ora failure by
ODNI to provide a reasonable accommodation,

8. (U) EFFECTIVE DATE: This Instruction is effective upon signature.

Moa ed ttn _ Sfeja0era
Lora A. Shiao Date
Chief Operating Officer

(U) Appendix A: Reasonable Accommodation Request Form
(U) Appendix B: Consent for Release of Confidential Patient Information

21

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(U) APPENDIX A

Reasonable Accommodations

DP s00 voecrm0n

22

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M. (U) Initiating and Engaging in the Interactive Process

(J) (U) An individual or applicant with a disability is not required to make a request for a
reasonable accommodation at any particular time, or at all. An employee or applicant does not
need to have a particular accommodation in mind when making the request.

(2) (U) ODNI personnel or applicants may initiate a request for reasonable accommodation
verbally or in writing (see Appendix A). ODNI personnel or applicants may make a request for a
reasonable accommodation to: (1) a supervisor or manager in the individual’s chain of command,
(2) the office designated by the agency to oversee the reasonable accommodation process, (3)
any ODNI individual connected with the application process, or (4) any other individual
designated by ODNI to accept such requests. A request can be made by the individual with a
disability and also by: (1) a family member, (2) a health professional, or (3) other representative
who is acting on the individual’s behalf. Anyone who has contact with an applicant and receives
a request for accommodation has an obligation to immediately refer the request to the Disability
Program Manager.

(3) (U) Requesters are not required to mention the Rehabilitation Act, or the phrase
“scasonable accommodation” or “disability” when requesting an accommodation, but the request
must be for a reason related to a medical condition in order for it to be reviewed as a reasonable
accommodation request. It is sufficient for the individual requesting accommodation to state that
some sort of change or assistance is required based on a medical condition, in order to begin the
reasonable accommodation process.

(4) (U) Verbal requests for accommodation must be documented by the recipient of the
request for accountability and record-keeping purposes, via classified e-mail, with a copy to the
Disability Program Manager, or by submitting a request through the Reasonable
Accommodations Program website. The Disability Program Manager must receive
documentation of the request from the recipient within two (2) business days of the request for
accommodation.

(5) (U) With assistance from the Disability Program Manager and/or OGC, the authorized
official must participate in the interactive process, which includes discussing any request for
accommodation with the individual or applicant as soon as possible, explaining the reasonable
accommodation process, and thoroughly exploring alternatives for reasonable accommodation.
‘The Disability Program Manager will assist in the interactive process, working in collaboration
with the individual, the authorized official, the Chief, Human Resources Management (HRM),
the Employee Management Resource Officer (EMRO), the Chief Operating Officer (COO), the
Chief Information Officer (CIO), Chief of CIS, Chief of Facilities and Logistics, the Head of
Contracting Activity, and a designated medical professional, as appropriate.

(6 (U) Individuals or applicants who request a reasonable accommodation are required to
cooperate with the accommodation evaluation process and provide appropriate medical
information to the Disability Program Manager when the disability and/or need for
accommodation are not obvious. Information provided shall be sufficient to explain: (1) the

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(U) INTRODUCTION

(U) 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
ODNI to lead and improve information sharing across the IC, to promote a strategic and unified
direction, and to ensure integration across the IC. ODNI began operations on 22 April 2005. 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.

(U) In accordance with 29 C.F.R. § 1614.102(b)(4), the Chief of the Office of Equal
Employment Opportunity (OEEO) reports directly to the DNI and serves as the principal advisor
on issues related to ODNI’s EEO compliance. On 25 May 2021, ODNI submitted a congressional
notification stating that the Equal Employment Opportunity and IC Diversity Office, formerly
known as IC Equal Employment Opportunity and Diversity, reorganized into separate offices—the
ODNI OEEO and the IC Diversity, Equity, Inclusion, and Accessibility Office (DEIA). The Chief
of IC DEIA also reports directly to the DNI and serves as the principal advisor to the DNI on issues:
related to diversity, equity, inclusion, and accessibility across the IC. Additionally, ODNI
established the Diversity and Inclusion Group (DIG), headed by an officer who reports directly to
the Chief Operating Officer. ODNI DIG is responsible for executing programming and initiatives
that will reinforce and enhance a diverse and inclusive ODNI work environment.

(U) By statute, ODNI does not fall under the whistleblower framework described in the No
FEAR Act.* Congress amended the National Security Act of 1947 to include whistleblower
protections for ODNI and other IC employees and contractors who properly disclose information
that they reasonably believe evidences certain specified types of wrongdoing, including for
example violations of a federal law, rule, or regulation.’ Those statutory provisions are the
foundation of an IC whistleblower protection framework, which also includes Presidential Policy
Directive 19, Protecting Whistleblowers with Access to Classified Information (10 October 2012);

2 (U) 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 whistleblower provisions of 5 U.S.C. § 2302(b)(8) and (9). See Section 201(a) and (c) of the No FEAR
Act. Congress expressly exempted ODNI and other IC agencies from the coverage of 5 U.S.C. § 2302. Instead, ODNI
employees are subject to other whistleblower protections consistent with the need to protect classified information. See
50 U:! 34 and 3341(j); Presidential Policy Directive 19, Protecting Whistleblowers with Access to Classified
Information (10 October 2012); Intelligence Community Directive 120, Intelligence Community Whistleblower
Protection (2 March 2014).

3 (U) See 50 U.S.C. § 3234, Prohibited personnel practices in the imelligence community; . §3341(j),
Retaliatory revocation oj » clearances and ac determinations. Other types of wrongdoing covered by these
statutes include mismanagement; gross waste of funds; abuse of authority; a substantial and specific danger to public
health or safety; or matters of urgent concern. To obtain whistleblower protections, a whistleblower is required to
make disclosures in a manner consistent with the need to prot ified information. See also Presidential Policy
Directive 19, Protecting Whistleblowers with Access to Classified Information (10 October 2012); Intelligence
Community Directive 120, Intelligence Community Whistleblower Protection (20 March 2014).

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Disciplinary Action

1. Demotion

2. Reprimand

3. Suspension

4. Removal

5. Other

Duty Hours

Evaluation/A ppraisal

Examination/Test

Harassment

1. Non-Sexual

2. Sexual

Medical Examination

Pay/Overtime

Promotion/Non-Selection

Reassignment

1. Denied

2. Directed

Reasonable Accommodation

Reinstatement

Retirement

Termination

clolololololol[ololololol[ojol|ololojololojolo

Terms/Conditions of
Employment

Time and Attendance

Training

Other

elolo}| o Jolojololeololelelolajojojololololojojolojojo
clolo| o jolololojololololololololololalofolololololjo

o|-|co

elolo| o Jolololololeolololelojojolojololololoj[olojojo

clolo| o Jololololololcloljololololololojojolaolojolo|o

clolo| o Jolololololeolojaolololojolololojojololojolo|o

14

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(U) APPENDIX II: ODNI DIRECTOR’S STATEMENT ON EQUAL
EMPLOYMENT OPPORTUNITY, 22 APRIL 2022

UN

DIRECTOR OF NATIONAL INTELLIGENCE
WASHINGTON, D¢

Director's Statement on Equal Employment Opportunity

Over the last nearly 60 years, we have made significant strides toward eliminating
discrimination in the workplace. For example, the Equal Pay Act of 1963 prohibits employers
from paying different wages to men and women for performing equal work in the same
workplace. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color,
sex, national origin, and religion. The Age Discrimination in Employment Act of 1967 prohibits
rimination on the basis of age. and the Rehabilitation Act of 1973, the Americans with
i Act of 1990, and the Americans with Disabilities Amendments Act of 2008, all
rimination on the basis of disability. More recently, the Genetic Information
rimination Act of 2008 prohibits discrimination on the basis of genetic information.

d other critical instruments represent important guarantees designed to ensure everyone
gets a chance to compete and succeed on a fair and level playing field in the workplace, which is
a principle to which our senior leadership at the Office of the Director of National Intelligence
(ODND) is fundamentally committed,

In accordance with federal laws and regulations, the ODNI must ensure equal
employment opportunity
race, color, religion, sex (including pregnancy. sexual orientatio
origin, age (40 and over), mental or physical disability, and gen
accordance with Executive Order 13152, it is ODNI policy to safeguard against discrimination
and harassment based on parental status. Furthermore, federal laws and ODNI policies prohibit
retaliation for participating in the equal employment opportunity (EEO) process, reporting
discrimination and har: ent, providing information related to such complaints, and othcr
protected activities opposing employment discrimination

Workplace harassment will not be tolerated, and it is imperative that we correct all
harassing conduct before it becomes severe or pervasive. Personnel who experience or witness
discrimination, harassment, bullying, or other adverse personal treatment should report such
behavior to a manager or supervisor, the Employee Management Relations Officer (EMRO),
Office of the Ombudsman, or the ODNI Office of Equal Employment Opportunity (OEEO).
Managers and supervisors must inform OEEO before any corrective action is taken in response
to an allegation of cither discrimination or unlawful harassment.
discrimination, aggrieved individuals are required to report potential violations of these laws and
policies to OREO within 45 calendar days of experiencing conduct believed to be discriminatory.
ODNI encourages all employees to exercise their rights under all anti-discrimination protections:
therefore, reprisal against anyone who engages in protected activity will not be tolerated

Although progress has been made, discrimination in the workplace has not been
eradicated. All of us bear some measure of responsibility to promote equality of opportunity in
the workplace and to protect our advancements in diversity, equity, inclusion, and accessibility
We must integrate transparent and equitable employment initiatives and best practices into all
personnel/employment programs, management practices, and decisions, including, but not

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(U) EXECUTIVE SUMMARY

(U) 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 107-1 74, as amended
by the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act of
2020)!, requires federal agencies to submit annual reports to Congress on the number and severity
of discrimination and whistleblower cases brought against the agency. The Office of the Director
of National Intelligence (ODNI) submits this annual report, covering Fiscal Year (FY) 2022, in
compliance with Section 203 of the No FEAR Act and its implementing regulations, found at Part
724 of Title 5 of the Code of Federal Regulations. ODNI’s No FEAR Act Annual Report contains
information relating to 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 additional reporting obligations have been incorporated into
ODNI’s No FEAR FY 2022 Year-End Data report (Appendix I).

(U) As directed by Section 203 and 5 C.F.R. § 734.302(c), ODNI provides this report 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
Accountability of the House of Representatives, each committee of Congress with jurisdiction
relating to ODNI, the Chair of the Equal Employment Opportunity Commission (EEOC), the
Attorney General of the United States, and the Director of the Office of Personnel Management.

'(U) This amendment of the No FEAR Act, enacted | January 2021, is part of the National Defense Authorization Act
for Fiscal Year 2021, Public Law 116-283, and requires additional reporting and accountability measures to ensure
greater transparency and implementation of corrective actions as necessary.

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disabilities;

(5) (U) Track accountable property received in the form of reasonable accommodations
(e.g., desks, chairs);

(6) (U) Coordinate with the Disability Program Manager for any travel requests that
involve new or modified reasonable accommodations prior to any travel or travel approvals, and
consult with the Disability Program Manager regarding any reasonable accommodation travel
requests, should questions arise;

(1) () Notify the Disability Program Manager of the final status of all reasonable
accommodation requests, whether approved or denied; and

(8) (U) As needed, consult the resource materials available on the EEOC’s public website,
including EEOC’s Enforcement Guidance: Disability-Related Inquires and Medical
Examinations of Employees Under the Americans with Disabilities Act (2000), and Enforcement
Guidance on Reasonable Accommodation and Undue Hardship Under the Americans With
Disabilities Act (revised October 17, 2002).

E, (U) ODNI Chief, Facilities and Logistics will, as required by law and regulation, work with
building owners of all ODNI-occupied buildings and ensure all ODNI-owned buildings provide
accessibility for individuals and applicants with disabilities, in accordance with applicable
provisions of law.

F. (U) The ODNI CIO will provide the Disability Program Manager, supervisors, and
managers with technical and research support concerning potential accommodations related to
IT, and will process requests for reasonable accommodations as priority work requests.

G. (U) The ODNI Chief, CIS will ensure any proposed accommodation requiring the use of
portable electronic devices (see ODNI Instruction 113.02) will not introduce security
vulnerabilities, and will process such requests as priority.

H. (U) The Head of Contracting Activity will ensure that contracts contain the requisite
clauses to comply with laws and EOs, and give priority processing to contracts involving the
provision of reasonable accommodations.

1. (U) CLPT will provide guidance for the handling of protected health information,

J. (U) ODNI employees and applicants sceking a reasonable accommodation will:

(1) (U) Begin the interactive process by requesting an accommodation in accordance with
Section 6.M.;

(2) (U) Provide necessary and appropriate medical information directly to the Disability
Program Manager in accordance with Section 6.M.;

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elicit information about a disability. Applicants may be asked about their ability to perform any
or all job functions, to describe their qualifications and skills, and may be asked to describe or
demonstrate how they would perform job tasks, as long as all applicants in the job category are
asked about these matters in the same manner.

(c) (U) During the application process and before a COE, the hiring official may not ask
whether the applicant needs a reasonable accommodation in order to perform applicable job
duties. The exception to this prohibition is when the applicant has a known disability—either
because it is obvious or the applicant has voluntarily disclosed the information—and one could
reasonably believe that the applicant will need a reasonable accommodation. !f the applicant
requests a reasonable accommodation, the hiring official may inquire as to the type of
accommodation. Once an applicant requests a reasonable accommodation, the hiring official
must immediately contact the Disability Program Manager for advice and assistance. In order to
facilitate a reasonable accommodation for an applicant, the Disability Program Manager may ask
the applicant to provide additional information, including medical documentation, of their
disability. Hiring officials may not ask for medical documentation and may not store medical
infor in the individual”: lication records or employee personnel file. Only the
Disability Program Manager is authorized to receive and maintain relevant medical
documentation on file.

(d) (U) Individuals with disabilities who meet initial requirements in order to be
considered for the job, should not be excluded from the application process based upon
speculation that the individual cannot perform the job without an accommodation, The
Disability Program Manager will work with the hiring manager and the applicant to develop an
effective accommodation strategy.

(2) (U) Accommodation following a COE:

(a) (U) Once an individual with a disability has been cleared for employment, an
authorized official may ask the individual whether they will need a reasonable accommodation to
perform the job, Alternatively, the authorized official may ask the individual if they need a
reasonable accommodation, if the individual has a known disability—either because it is obvious
or the individual has voluntarily disclosed the information—and one could reasonably believe
that the individual will need a reasonable accommodation to perform specific job functions. If
the individual states that they need a reasonable accommodation, the authorized official will
immediately contact the Disability Program Manager for advice and assistance.

(b) (U) If the individual has an obvious disability, or voluntarily discloses a disability
that was not raised during the pre-employment medical screening process and requests an

accommodation, the authorized official must contact the Disability Program Manager for
guidance, in order to develop an effective accommodation strategy.

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(U) Table of Contents

(U) EXECUTIVE SUMMARY...........ccscsesssessessssseessessecssceneenseeneeneenecsanssiessteanssnecseeseaseessseneeneennes 2

(U) INTRODUCTION ...0....ccccscccesessessesseseeseeseeneeeeneaeeneseesesuencensnsensesssesussessesseeessesssensensensnenseneanees 3

(U) REPORTING OBLIGATIONS ..........::ceeeereteeiees
(U) I. EEO Activity in Federal Courts .
(U) IL. Judgment Fund Reimbursement
(U) IIL. Disciplinary Action and EEO-Related Policy secsuessssessssessecsessecseaeesecseeeseeaeenesneneeseeeee
(U) IV. No FEAR FY 2017-FY 2022, Year-End Data Report
(U) V. Analysis of EEO Complaint Trends and Causality
(U) VI. EEO Training...........

(U) APPENDIX I: ODNI EQUAL EMPLOYMENT OPPORTUNITY DATA POSTED
PURSUANT TO TITLE II OF THE NOTIFICATION AND FEDERAL EMPLOYEE

ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 (NO FEAR ACT) PUB.
L. 107-174

(U) APPENDIX II: ODNI DIRECTOR’
OPPORTUNITY, 22 APRIL 2022..

(U) APPENDIX II: ODNI INSTRUCTION 121.01—FACILITATING REASONABLE
ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITI SION 1, 16
AUGUST 2022

(U) APPENDIX IV: ODNI MANDATORY PERFORMANCE OBJECTIV

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Q.(U) Reconsideration: Within 10 business days after receiving the initial written decision
on the request, an individual dissatisfied with the resolution of a reasonable accommodation
request may request, in writing, that the COO review the decision. The COO will promptly
review and provide a written response, in accessible format if requested, to the Disability
Program Manager handling the case and the requestor.

R. (U) Formal EEO Processes: An individual who has requested a reasonable
accommodation has the right to file an EEO complaint if the individual believes the denial of the
request was discriminatory. To preserve this right, the individual must contact the ODNI Office
of Equal Employment Opportunity (OEEO) within 45 calendar days of the date of the delay or
denial of an accommodation. For information about EEO rights and responsibilities, as well as
the EEO complaint process, see ODNI Instruction 120.02.

S. (U) Medical Confidentiality Protections

(1) (U) Maintaining confidentiality of medical information is mandatory, and disclosure of
confidential medical information is permitted only in limited circumstances set forth in
applicable laws and regulations. All information pertaining to disabilities, including requests for
reasonable accommodations, the fact that an individual is receiving an accommodation, and
related information, must be protected in accordance with legal requirements, including the
Privacy Act and GINA. Medical confidentiality extends to information that an individual
voluntarily discloses during the reasonable accommodation process.

(2) (U) Barring medical emergencies, applicants and ODNI personnel requesting an
accommodation must provide required medical information directly to the Disability Program
Manager. In exceptional circumstances, when the individual is unable to do so, medical
information may be provided directly to the Disability Program Manager by a medical provider,
designee (e.g, designated representative, spouse, family member, close friend), or another
agency, and must be maintained by the Disability Program Manager separately from non-
medical personnel files.

(3) (U) Medical conditions and medical histories constitute confidential medical records,
and supervisors and managers are not authorized to request, receive, or maintain information
concerning either. Records of sick leave taken or excused absence notes from medical
professionals are not considered confidential medical information, unless the records document
the individual’s diagnosis or symptoms.

(4) (U) The Disability Program Manager will ensure that ODNI systems of recordkeeping
monitor and track the processing of requests for reasonable accommodations and maintain the
confidentiality of medical information received, in accordance with General Records Schedule
Series 2.3, Item 20, or subsequent records retention guidance and applicable laws and
regulations. Absent specific legal authority to release, the Disability Program Manager must
keep medical information of all persons covered by this Instruction confidential at all times. In
consultation with OGC, the Office of Civil Liberties, Privacy, and Transparency (CLPT), and the
Information Management Office (IMO), as necessary, the Disability Program Manager will

16

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nature of the individual’s disability, (2) the need for reasonable accommodation, and (3) how the
requested accommodation, if any, will assist the individual to apply for a job, perform the
essential functions of a job, or enjoy the benefits and privileges of the workplace. If the
submitted information is not sufficient, ODNI has the right to request relevant supplemental
medical information. ODNI may not request medical information from an individual or
applicant making a reasonable accommodation request when: (1) both the disability and the need
for reasonable accommodation are obvious, or (2) the individual has already provided ODN
with sufficient information to document the existence of the disability and the individual’s
functional limitations.

(7) (U) Failure to engage, or cooperate, in the interactive process could potentially result in
an ineffective accommodation or an unwarranted denial of a reasonable accommodation.
Neither the authorized official, nor the Disability Program Manager, may delay the interactive
process while waiting for a written request.

(8) (U) ODNI has the right to have medical documentation reviewed by a medical
professional or service provider of ODNI’s choosing and at ODNI’s expense. The medical
review must be limited to determining the existence of a disability and the functional limitations
that require a reasonable accommodation.

(9) (U) If an authorized official cannot determine the accommodation(s), or the
individual's disability is not obvious or already known, the Disability Program Manager may
refer the individual to designated medical professional(s) for additional assessment and
reasonable accommodation recommendation(s) at ODNI’s expense (see Appendix B for the
consent form for the release of confidential medical information). ODNI may not request
medical information from an individual or applicant making a reasonable accommodation
request when: (1) both the disability and the need for reasonable accommodation are obvious, or
(2) the individual has already provided ODNI with sufficient information to document the
existence of the disability and the individual’s functional limitations.

(10) (U) An authorized official may select among available reasonable accommodations if
medical professionals present alternatives, but must inform the individual, in writing, of the
reason for the particular selection.

(11) (U) The authorized official, or designee, is the decision-maker for recommendations
provided by the Disability Program Manager for reasonable accommodation.

(12) (U) A re-evaluation of a previously granted accommodation may be initiated with the
Disability Program Manager by an authorized official, or by the individual, when there is a
change in medical condition, a need for additional consideration(s), or a change in business
operations. For example, a change in an organization’s core hours or mission requirements could
trigger a re-evaluation, The requester must provide appropriate written justification and
supporting documentation when requesting re-evaluation of an existing accommodation. The
Disability Program Manager will work with the authorized official and employee or applicant to
address all re-evaluation requests.

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(U) Table 7. Number of Final Agency Actions, (see 29 C.F.R. § 1614.704(i))
This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022
# # # # # #
%. % % % % %

1614.704()(1): Total Number of

Findings of Discrimination 0 | 0 o 0 o
1614.704(1)(2): 0

— Without a Hearing 0 0 0 0 0 0
1614.704(i)(2) 1

— After a Hearing 0 100 o 0 9 0

(U) Table 8. Number of Final Actions Involving a Finding of Discrimination by Basis, (see 29
C.F.R. § 1614.704(j))
This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022

* Rendered without a hearing # # # # # #

** Rendered after a hearing % % % % % %
Total Number of Findings of 0 pe 0 0 0 0
Discrimination

1
Race 0 100 0 0 0 0
lL. shmerican Indian/Alaskan 0 0 0 0 0 0
ative 0
2. Asian/Pacific Islander 0 | 100 0 0 0 0
3. Black 0 y 0 0 0 0 0
4. White 0 y 0 0 0 0 0
5. Two or More Races 0 y 0 0 0 0 0

Color 0 y 0 0 0 0 0
we 0

Religion 0 0 0 0 0 0

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(U) Table 10. Number of Complaints Pending at Any Time during the Fiscal Year, (see 29
C.F.R. § 1614.704(1))
This table is UNCLASSIFIED

Fiscal Year

2017 2018 2019 2020 2021 2022
Total Number of Complaints
Pending for any length of time 16 15 ll 9 15 20
during the FY
29 CPLR. § 1614.704()(1)
— Number Filed before 10/1 16 12 7 4 5 7
29 CFR. § 1614.704(1)(2)(i)
— Number of Complainants 3 IB 5 4 5 7
29 CER. § 1614.704()2)(ii)
— Number Pending Investigation 10 4 o o ° 2
— Number Pending Hearing 6 6 2 4 5 2
— Number Pending Final Agency 1 0 0 0 0 0
Action
— Number Pending Appeal 3 2 0 0 1 3

(U) Table 11. Number of Complaints Pending at Any Time during the Fiscal Year that
Exceeded the Authorized Investigation Timeframe, (see 29 C.F.R. § 1614.704(m))
This table is UNCLASSIFIED

Fiscal Year
2017 2018 2019 2020 2021 2022

Number of Pending Complaints
that Exceeded the Investigation
Time Authorized by 29 C.F.R. 0 0 0 0 0 1
§1614.106(e)(2), including
extensions

Number of Pending Complaints
that Exceeded the Investigation

Time Authorized by 29 CFR. 9 8 0 0 o !
§1614.108(e)

15

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