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UNCLASSIFIED
(B) Bases of Discrimination in EEO Complaints

During FY 2017. ODNI's most frequently alleged bases of discrimination in formal EEO
complaints were, in order of frequency: retaliation, gender (female), and race (Black). In
comparison, the most frequently alleged bases in FY 2016 were retaliation, age, and disability.
There are no obvious trends in the data for basis of discrimination for complaint activity from FY
2009 to FY 2017,

(C) Issues in EEO Complaints

The most frequently raised issues in discrimination complaints during FY 2017 involved
non-sexual harassment, assignment of duties, performance evaluations, and directed rea
There are no clear trends in the issues raised, given the small number of complaints, although the
most consistently frequent issue was harassment (non-sexual).

gnments.

(D) Practical Knowledge Gained Through Experience

In addition to the training discussed above, the ODNI has a program outside of the EEO
process to address harassment and bullying complaints that are not based on any category protected
under a nondiscrimination statute. That program results in the addressing of complaints of
ordinary workplace friction, conflict, and disputes; result, the affected employees do not need
to resort to the EEO process to address these concerns. IC EEOD also participated in the ODNI’s
training for supervisors and managers, providing tools to prevent harassment and discrimination
and address workplace conflict.

During FY 2017, the ODNI continued to experience increasing numbers of requests for
reasonable accommodation. IC EEOD’s Disability Program Manager focused both on internal
compliance and coordination with other IC disability programs. ODNI also focused on ensuring
that agency facilities are accessible for individuals with disabilities.

(E) Improvements in the Complaint Program

As an EEO compliance organization within the ODNI, the IC EEOD Office works with the
ODNI training office to ensure that all ODNI employees and detailees complete No FEAR Act training
biennially. All employees receive reminders of the No FEAR Act mandatory training requirement.
New employees are required to take the No FEAR Act training within 90 days of entering on duty.
Completion of the biennial No FEAR training and annual IC Whistleblowing training requirements is
required for employees to maintain computer system access.

The ODNI continues to offer an EEO briefing during new employee orientation. IC EEOD
provides mandatory Unconscious Bias training for all senior managers and supervisors who participate
in the ODNI’s Career Advisory Boards (career development and promotion boards) and also provides
training on disability rights and EEO compliance. Throughout the year, the IC EEOD educates ODNI
managers and employees on a range of EEO issues, including how to use performance management
tools, preventing or mitigating EEO issues, the importance of confidentiality in the EEO process.
reasonable accommodation, and identifying actions that constitute unlawful retaliation.

wn

UNCLASSIFIED


UNCLASSIFIED

DIRECTOR OF NATIONAL INTELLIGENCE
WASHINGTON, DC 20511

Director’s Statement on Equal Employment Opportunity

(U) Every Intelligence Community professional must embrace the importance of
diversity, inclusion, and equal employment opportunity. In doing so, we must also strive to
maintain a workplace that is free from unlawful discrimination and harassment, taking measures
to create and maintain an inclusive culture wherein individual differences are celebrated and
innovation is unleashed. At every level of the Office of the Director of National Intelligence
(ODNI), we must exhibit conduct and communications consistent with that of a model workplace
~and we must be sv

ift to correct behaviors that marginalize any member of the workforce.

(U) Our laws, regulations, and policies prohibit discrimination based on race, color,
religion, sex (including pregnancy, sexual orientation, gender identity or expression, and
transgender status), national origin, age (40 and over), mental or physical disability, and genetic
information. Executive Orders also protect ODNI officers from harassment and discrimination
based on status as a parent. These laws and policies establish the framework for our conduct.
Federal equal employment opportunity (EEO) laws and ODNI policy also protect applicants for
ODNI employment from retaliation for opposing employment discrimination, participating in the
EEO process (including previous EEO activities), reporting discrimination, or providing
information related to such complaints. Every member of this workforce is expected to conduct
themselves in accordance with these standards.

(U) Personnel who experience or witness inappropriate conduct, harassment or
discrimination should report such behavior through their supervisory chain of command or to the
Office of Intelligence Community Equal Employment Opportunity and Diversity (IC EEOD).
Managers and supervisors must take prompt, effective action if faced with a situation that is
inconsistent with our goal of a discrimination-free workplace. They must also consult with IC
EEOD before initiating any corrective action in response to an allegation of harassment or
discrimination. Individuals who report harassment or discrimination are protected by law from
retaliation. Moreover, we must create an environment that encourages employees to raise
concerns without fear of reprisal.

(U) Itis my honor to lead the ODNI’s talented, mission-driven workforce. Thank you for
your continuing commitment to equal employment opportunity.

AAMC GM eee

Daniel R. Coats Date @)

UNCLASSIFIED


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UNCLASSIFIED

From FY 2012 through FY 2017, all investigations of formal complaints were timely
conducted within the time provided by the EEOC’s regulations.

APPENDICES:

Appendix I: ODNI No FEAR Statistics FY 2009-2017
Appendix I: Director's Statement on Equal Employment Opportunity

6

UNCLASSIFIED


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UNCLASSIFIED



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UNCLASSIFIED

disputes, address reasonable accommodations issues, and to promote measures to prevent
workplace harassment. IC EEOD staff refers employees to the IC IG for whistleblower and other
appropriate issues.

B. Reporting Obligations

During FY 2017, the ODNI had one Federal District Court case pending under the laws
covered in the No FEAR Act. The case alleged violation of the Rehabilitation Act of 1973 as well
as other violations, and was dismissed on motion for summary judgment.

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

During FY 2017, there were no disciplinary actions taken against ODNI employees based on
findings of discrimination, retaliation, or harassment.

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

(1) No FEAR FY 2011-FY 2017, Year-End Data Report

Appendix I contains the ODNI’s year-end FY 2017 EEO complaint data and the data from
preceding fiscal years, in accordance with 5 C.F.R. § 724.302(a)(4).

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

Following the ODNI’s stand up in 2005, the baseline number of complaints has remained
small, as is reflected in Appendix I. The eight complaints in FY 2017 represented a continued
increase after FY 2016 following a downward trend from FY 2014 to FY 2015. With relatively
few cases each year, an increase of a few cases appears statistically significant. The ODNI will
continue to closely monitor this trend to determine if the increases during FY 2016 and FY 2017
were anomalies. The increased number of complaints likely reflects the maturity of the IC EEOD
Compliance program, which has increased its outreach to and training of the workforce.

As referenced above, the ODNI mandates that all employees take web-based No FEAR Act
training, and all employees and contractors are required to take IC Whistleblowing web-based
training. IC EEOD also has incorporated expert training on EEO issues at its annual EEO
conference, and provided mandatory EEO training for all ODNI senior managers.

4

UNCLASSIFIED


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UNCLASSIFIED

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

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

No FEAR Act web-based training, required for all ODNI employees, addresses the rights
and remedies ayailable to IC employees via the EEO process. The ODNI updated the No FEAR
Act web-based training in FY 2015, disseminating copies to the IC elements for use. 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 PPD-19 and Intelligence Community Directive 120.

Preventing discrimination in the workplace is the law of the nation, and the ODNI is
committed to preventing discrimination in the ODNI workplace and the IC. The IC EEOD staff
meets frequently with senior leaders, managers, and other employees in the ODNI to resolve

"The No FEAR Act provides for Judgment Fund reimbursement of, and annual reporting related to, proceedings
brought under (1) any provision of law prohibiting any form of discrimination under the laws interpreted by the EEOC,
and (2) the 5 U.S.C. § 2302(b)(8) and (9) whistleblower provisions. See Section 201(a) and (c) of the No FEAR Act.
Congres mpted the 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 fied information.
See PPD-19 (October 10, 2012), Protecting Whistleblowers with Access to Classified Information; IC Directive 120
(March 20, 2014), Intelligence Community Whistleblower Protection.

§ 3234. Prohibited personnel practices in the intelligence comnumity, and SO U.S. 3341¢)),
evocation of security clearances and access determinations. To obtain whistleblower protections under
these provisions. ODNI employees are required to make disclosures in a manner consistent with the need to protect
lassified information. See also PPD-19 (October 10, 2012), Protecting Whistleblowers with Access to Classified
Information and IC Directive 120 (March 20, 2014), Intelligence Conununity Whistleblower Protection.

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

3

UNCLASSIFIED


UNCLASSIFIED

Purpose of this Report

To support the Federal Government's longstanding obligation to provide a work
environment free of discrimination and retaliation, the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law 107-174, requires
annual reports to Congress on the number and severity of discrimination and whistleblower cases
brought against each federal agency. The No FEAR Act is intended to enable Congress to improve
its oversight of federal agencies’ compliance with the laws and reduce the incidence of
discrimination within the Federal Government by making agencies more accountable through a
series of tracking, reporting, and fiscal reimbursement requirements. The Office of the Director of
National Intelligence (ODNI) submits this annual report in compliance with Section 203 of the No
FEAR Act, covering Fiscal Year (FY) 2017.

As directed by Section 203, this report is submitted to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, each committee of Congress with jurisdiction relating to the ODNI,
the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Director of
the Office of Personnel Management. The No FEAR Act Annual Report contains information
relating to the ODNI’s Equal Employment Opportunity (EEO) complaints activity (including federal
district court cases), as well as any resulting disciplinary actions and Judgment Fund
reimbursements. The agency’s reporting obligations contained in Title 5 Code of Federal
Regulations Part 724 have been incorporated into the ODNI’s No FEAR FY 2017 Year-End Data
report (Appendix I), concerning EEO complaints.

A. Introduction

Following the tragic events of September | 1, 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 December 17, 2004. The IRTPA created
the ODNI to lead the 17-member IC and improve information sharing. strategically promote a
unified direction, and ensure integration across the IC. The ODNI began operations on April 22,
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. In addition to his [C-wide mission, the DNI also leads the ODNI workforce and
organization.

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

5

UNCLASSIFIED


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