No FEAR Act

ANNUAL REPORT

FISCAL YEAR 2021

U.S. Department of Agriculture

Table of Contents

Annual Reporting Requirements i

Executive Summary ii

PART I: USDA Formal EEO Complaints for 1

 Fiscal Years 2020 - 2021

Section A – Number of Formal EEO Complaints and Number of Filers 2

Section B – Most Frequently Cited Bases in Formal EEO 3

Complaints at USDA

Section C – Most Frequently Cited Issues in Formal EEO 5

Complaints at USDA

Section D – EEO Processing Stages 7

(1) Average Number of Days for Completion of 

Selected EEO Stages

(2) Pending Complaints at Various Stages

(3) Pending Formal Complaints Exceeding the 180-Day

Investigation Requirement

Section E – Final Agency Actions with a Finding of Discrimination 11

Section F – Analysis, Experience, and Actions 12

(1) Causal Analysis

(2) Experience Gained by USDA in the Processing of

 Formal EEO Complaints

(3) Past and Future Actions by USDA Relating to EEO 

 Complaints Processing

PART II: USDA Reimbursement to Judgment Fund for 18

Fiscal Year 2021

PART III: USDA Disciplinary Actions and Reports for 20

Fiscal Years 2020 - 2021

PART IV: USDA Federal Court Litigation 22

Statistics for Fiscal Year 2021

Appendix Equal Employment Opportunity Data Posted A-1

 Pursuant to the No FEAR Act
i

Annual Reporting Requirements

The Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (No 

FEAR Act), Public Law No. 107-174, Section 203 mandates that Federal Agencies report certain 

information for each fiscal year (FY). This report contains the: 

• number of complaints filed with USDA alleging discrimination based on race, color, 

religion, national origin, sex, disability, genetics, age, reprisal, and violations of

whistleblower protection laws;

• amount of money USDA has reimbursed to the Judgment Fund in accordance with the 

No FEAR Act;

• aggregate amount USDA has reimbursed to the Judgment Fund that is attributable to the 

payment of attorney’s fees;

• USDA policies relating to disciplinary actions to be taken against employees who have 

violated anti-discrimination or whistleblower laws or engaged in prohibited personnel 

practices;

• number of employees USDA has disciplined for discrimination, retaliation, harassment, 

or prohibited personnel practices; 

• number of cases in Federal Court arising under the anti-discrimination and whistleblower 

protection laws; and

• statistical data USDA is required to post on its public website.

In addition, the No FEAR Act requires that USDA provide an analysis of the information 

submitted in the report, including: (1) an examination of trends; (2) causal analysis; 

(3) practical knowledge gained through experience; and (4) actions planned or taken to improve 

its complaint or civil rights programs and procedures. USDA is also required to report any 

ascertainable adjustments made in its budget as a result of its compliance with the reimbursement 

requirement.
ii

Executive Summary 

USDA’s FY 2021 No FEAR Act Annual Report is the seventeenth report submitted pursuant to 

the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (No 

FEAR Act), Public Law No. 107-174, Section 203. The No FEAR Act Annual Report 

demonstrates key accomplishments for USDA during FY 2021 to reduce anti-discrimination and 

retaliation, increase accountability, emphasize training for managers in the management of a 

diverse workforce, encourage dispute resolution and employee communication skills. During FY 

2021 USDA was in a maximum telework posture, as other federal agencies. We will be 

monitoring complaint activity to assess the impact, if any, of maximum telework.

As demonstrated in the report, key accomplishments in line with the requirements of the No FEAR 

Act and the Secretary of Agriculture’s (Secretary) Civil Rights objectives, consist of the following:

• A decrease of 52 equal employment opportunity (EEO) complaints filed in FY 2021,

compared to FY 2020. In addition, the number of filers decreased by 58 in 2021, 

compared to the previous fiscal year.

• The number of findings of discrimination decreased by six in FY 2021, compared to FY 

2020. Data illustrating this trend can be found in Part 1: Table 7, Final Agency Actions 

with a finding of discrimination. 

• A review of disciplinary actions taken against employees who violated Federal antidiscrimination laws and whistleblower protection statutes shows that in FY 2021 there 

was one disciplinary action (See Part III: Table 9 Disciplinary Actions) taken against an 

employee, compared to 14 in FY 2020. The Office of Human Resource Management 

(OHRM) reported the decrease in disciplinary actions between FY 2021 and FY 2020

resulted from the continuation of USDA’s Equal Opportunity Accountability initiative, 

which has strengthened procedures that measure and evaluate both organizational and 

individual accountability in providing fair and equitable treatment for all USDA 

employees. 

In addition, during FY 2021 USDA, through its Office of the Assistant Secretary for Civil Rights 

(OASCR), implemented the following initiatives to reduce the number of EEO complaints: 

• Reduced processing time in employment complaints of discrimination that are now

within the statutory timeframes in FYs 2021. Specifically, 296 formal complaints of 

discrimination were processed at the intake stage with an average processing time of 31

days for acceptance or dismissal determinations. Investigations averaged 154 days and 

final agency decisions without a hearing averaged 54 days in FY21

• Processed 281 investigations, a significant decrease as compared to 393 investigations 

processed in FY 2020. 

• Continued monitoring the sufficiency of settlement agreements as well as compliance 

efforts across the Department by providing oversight and guidance to 16 USDA agencies.
iii

• Continued managing the Civil Rights Enterprise System to meet the annual assessment 

and authorization requirements established by USDA’s Office of Chief Information 

Officer.

• Developed and implemented Reasonable Accommodation (RA) training entitled, The 

Nuts and Bolts of Reasonable Accommodation. The training was designated mandatory 

civil rights training for all 100,000+ USDA employees, and covered current RA laws, the 

USDA RA Departmental Regulation, and related policies and procedures for obtaining a 

RA.

• Developed a USDA Civil Rights Mobile Application (app) for Apple and Android 

devices which provides USDA employees and customers information and resources 

about Federal civil rights. This Civil Rights App is the first of its kind in the Federal 

Government and reaffirms the Biden-Harris Administration’s commitment to ensure civil 

rights for all Americans. The app can be automatically uploaded on USDA employees’ 

mobile devices and is available to the public in the App Store or Google Play Store. The 

app brings to users’ fingertips civil rights news, frequently asked questions, a video 

library of short films, easy access to USDA and other Federal offices specializing in 

Federal civil rights. The app provides information about How to File a USDA Program 

or Equal Employment Opportunity Complaint, it includes links to USDA civil rights 

contacts and resources for accessibility and assistive technologies, reasonable 

accommodation, the USDA ethics app and more. It links to the USDA Technology & 

Accessible Resources Give Employment Today (TARGET) Center, where USDA 

employees with disabilities are provided assistive technologies and services and access to 

USDA Reasonable Accommodation Coordinators. The app also features a feedback form 

to capture input on ways to improve its content and accessibility.

• Developed “The OASCR Times Newsletter” which is a quarterly publication of salient 

stories about civil rights, past and present, while incorporating articles highlighting 

OASCR leadership and team members. The newsletter covers recent developments in 

civil rights, OASCR’s Special Emphasis Programs, monthly observances, book reviews 

regarding civil rights, and is filled with guideposts beckoning the reader to explore and 

learn more about the covered topic.
1

PART I:

USDA Formal EEO Complaints

for

Fiscal Years 2020 – 2021
2

Section A— Number of Formal EEO Complaints and Filers at USDA

Introduction

This section contains comparative information regarding the number of formal EEO complaints 

filed and the number of filers for FYs 2020 and 2021. 

Summary of Data

Table 1 below indicates the number of formal EEO complaints filed with USDA by fiscal year 

and the number of individuals who filed complaints. It shows a decrease in the number of 

complaints filed and the number of filers over the prior year (See Graph 1). 

In FY 2021, 342 complaints were filed, compared to 394 in FY 2020. This represents a 13

percent decrease in complaints filed. Additionally, the number of filers in FY 2021 was 323,

compared to 381 in FY 2020. This represents a 15 percent decrease in the number of filers.

Table 1

Number of Formal EEO Complaints and Number of Filers at USDA

Fiscal Years Number of Complaints

Filed

Number of Filers

2020 394 381

2021 342 323

Graph 1

Formal EEO Complaints and Filers at USDA

394

342

381

323

0

50

100

150

200

250

300

350

400

450

2020 2021

Number

Fiscal Year

Number of Complaints Filed Number of Filers
3

Section B—Most Frequently Cited Bases in Formal

EEO Complaints at USDA

Introduction

This section contains information on the most frequently cited bases in formal EEO complaints 

for FYs 2020 and 2021. The basis of the complaint is the protected characteristic the 

complainant alleges which formed the motivation for the discriminatory conduct. The bases 

protected by EEO statutes are race, color, religion, national origin, sex, disability, genetics, age,

and retaliation (for participating in the EEO complaint process or for opposing practices made 

illegal under the EEO laws). A complaint brought under the Equal Pay Act of 1963, as amended, 

is a complaint based on sex.

Summary of Data

Table 2 provides data on all bases alleged in formal EEO complaints filed with USDA. Of all 

bases, the four most frequently cited in formal EEO complaints filed in FY 2021 are: 

(1) retaliation; (2) race; (3) sex; and (4) disability. In FY 2020, the four most frequently cited 

bases were: (1) retaliation; (2) race; (3) sex; and (4) age. These four bases are illustrated in 

Graph 2, which shows the two-year trend.

Complaints Alleging Retaliation

Retaliation was the most frequently alleged basis in formal EEO complaints at USDA for both 

FYs 2021 and 2020. In FY 2021, 47 percent of complaints cited retaliation as a basis, compared 

to 57 percent in FY 2020. This represents a 10 percent reduction in complaints alleging 

retaliation as a basis. 

Complaints Alleging Race Discrimination

Race was the second most frequently alleged basis in formal EEO complaints at USDA in FY 

2021. In FY 2021, 41 percent of complaints cited race as a basis, compared to 43 percent in FY 

2020. This represents a two percent reduction in complaint alleging race as a basis.

Complaints Alleging Sex Discrimination 

Sex was the third most frequently alleged basis in formal EEO complaints at USDA in 

FY 2021. In FY 2021, 32 percent of complaints cited sex as a basis, compared to 43 percent in 

FY 2020. This represents a 11 percent reduction in complaint alleging sex as a basis.

Complaints Alleging Disability Discrimination 

Disability replaced Age as the fourth most frequently alleged basis in formal EEO complaints at 

USDA for FY 2021. In FY 2021, 30 percent of complaints cited Disability as a basis, compared 

to 36 percent in FY 2020. This represents a six percent reduction in complaint alleging disability

as a basis. Of those 103 claims that cited disability as a basis, 68 raised issues of reasonable 

accommodation.
4

Table 2

Most Frequently Cited EEO Bases in Formal EEO Complaints at USDA

Frequency of EEO Bases in Formal EEO Complaints

Year

Race

Color

Religion

Sex

National Origin

Disability

Age

Retaliation

1 Other

2020 170 59 18 168 46 141 144 224 38

2021 142 52 16 111 41 103 96 162 29

Graph 2

 Most Frequently Cited EEO Bases

1 Other USDA protected bases include: Non-EEO. Additionally, the basis of sex includes gender identity and 

expression.

170

140

168

111

141

103

224

162

0

50

100

150

200

250

2020 2021

Number

Fiscal Year

Race Sex Disability Retaliation
5

Section C—Most Frequently Cited Issues in Formal EEO

Complaints at USDA

Introduction

This section contains information regarding the most frequently cited issues in formal EEO 

complaints for FYs 2020 and 2021. The No FEAR Act requires Federal Agencies to post data 

regarding the nature of the issues raised in EEO complaints. The issue of a complaint is the 

specific subject matter about which the individual is complaining or the alleged discriminatory 

incident for which the individual is seeking redress. Table 3 contains a list of issues most 

commonly raised in complaints. The “Other” category captures all issues not specifically listed. 

Summary of Data

Table 3 provides the most frequently cited issues in formal EEO complaints filed with USDA. 

The three EEO issues most frequently cited in FY 2021 were: (1) Harassment; (2) 

Promotion/Non-Selection; and (3) Disciplinary Action. In FY 2020, the three EEO issues most 

frequently cited were: (1) Harassment; (2) Disciplinary Action; and (3) Promotion/NonSelection. Graph 3 shows the trends for these three issues over the two-year reporting period.

Harassment was the most frequently cited issue in formal EEO cases in FY 2021 and FY 2020. 

In FY 2021, 151 filings of complaints cited harassment as an issue, compared to 214 filings in 

FY 2020, indicating a 29 percent decrease. 

Promotion/Non-selection swapped places with Disciplinary Action2as the second most 

frequently cited issue in formal EEO cases in FY 2021. A total of 68 filings of complaints cited 

Promotion/Non-selection as an issue in FY 2021, compared to 82 complaints in FY 2020, a 17

percent decrease.

Disciplinary Action was the third most frequently cited issue in formal EEO cases in FY 2021. 

A total of 40 filings of complaints cited Disciplinary Action as an issue in FY 2021, compared to 

89 filings in FY 2020, a 55 percent decrease. 

2 Disciplinary Action includes demotion, reprimand, suspension, removal and other.
6

Table 3

EEO Issues in Formal EEO Complaints

Year

Appointment/Hire

Assignment of Duties

Awards

Conversions to Full Time

Disciplinary Action

Duty Hours

Performance Evaluation/Appraisal

Examination/Test

Harassment

Medical Examination

Pay/Overtime

Promotion /Non-Selection

Reassignment

Reasonable Accommodation Disability

Reinstatement

Retirement

Termination

Terms and Conditions of Employment

Time and Attendance

Training

*Other

2020 31 58 7 0 89 12 76 1 214 0 20 82 24 56 4 5 24 58 42 71 16

2021 26 34 7 0 40 5 44 2 151 0 4 68 30 35 1 3 28 56 27 19 3

 *Other USDA protected issues include Religious Accommodation, Sex Stereotyping, Telework

. 

Graph 3

EEO Issues in Formal EEO Complaints

89

40

82

68

214

151

0

50

100

150

200

250

2020 2021

Number

Fiscal Year

Displinary Actions Promotion/Nonselection Harassment
7

Section D—EEO Processing Stages

Introduction

This section contains data regarding selected stages and associated processing times for formal 

EEO complaints processed during FYs 2020 and 2021. The formal EEO complaint process has 

various stages. Not all formal complaints complete all processing stages. These stages are: 

(1) Investigation (which includes Letter of Acceptance); (2) Final Agency Action with EEOC 

Hearing; (3) Final Agency Action without EEOC Hearing; and (4) Dismissal. Formal EEO 

complaints may be withdrawn or settled at any stage and may be dismissed at various stages.

Summary of Data

The following is an analysis of data for the three EEO processing stages. This section contains data 

on: (1) the average number of days for completion of each stage; (2) pending complaints at various 

stages of the EEO process; and (3) pending formal complaints exceeding the 180-day investigation 

requirement.

(1) Average Number of Days for Completion of EEO Stages

Table 4 below provides the average number of days for processing a formal EEO complaint at 

each stage. The data revealed a downward trend (as shown in Graph 4) in the average number of 

days in Investigation and for a Final Agency Action with EEOC hearing. There was an upward 

trend in the average number of days in the Final Agency Action without an EEOC hearing and 

dismissals.

Table 4

Average Number of Days for Completion of Each EEO Stage

Year Investigation

(Includes

accept/dismissal 

and 

investigation)

Final Agency Action 

Post-EEOC Decision

Final Agency 

Action without 

EEOC Hearing

Procedural 

Dismissals

(pending prior 

to dismissal)

2020 207 26 41 40

2021 158 18 54 53
8

Graph 4

The Number of Days for Completion of Each EEO Stage

(2) Pending Complaints at Various Stages

Table 5 below illustrates the number of pending EEO complaints in FYs 2020 and 2021 at each 

stage of the EEO process.

At the conclusion of each fiscal year, the number of pending investigations remained the same. 

However, the number of EEOC hearings, USDA final agency actions, and the number of appeals 

pending at the EEOC decreased from the number filed in FY 2020. 

Table 5

Pending EEO Formal Complaints by Stage

Fiscal

Year Investigation Hearing Final Agency Action Appeal

2020 17 333 26 352

2021 17 303 16 298

207

153

26 18

41

54

40

53

0

50

100

150

200

250

2020 2021

Days

Investigation

Final Agency Action with EEOC Hearing

Final Agency Action without EEOC Hearing
9

Graph 5 shows a downward trend in pending complaints in the Hearing, Final Agency Action 

and Appeal stages. In addition, Graph 5 shows no change in Investigation stages for FYs 2020

and 2021.

Graph 5

Pending EEO Formal Complaints by Stage

(3) Formal Complaints Exceeding the 180-Day Requirement for Investigations

Table 6 and Graph 6 show no change in complaints in FY 2021 for formal complaints that 

exceeded the 180-day investigation requirement from FY 2020. 

Table 6

Formal EEO Complaints Exceeding the 180-Day Requirement for Investigations

Fiscal Year Number

2020 16

2021 13

17 17

333

303

26 16

352

298

0

50

100

150

200

250

300

350

400

2020 2021

Number

Fiscal Year

Investigation Hearing Final Agency Action Appeal
10

Graph 6

Formal EEO Complaints Exceeding the 180-Day Requirement for Investigations

0

2

4

6

8

10

12

14

16

18

2020 2021

Number

Fiscal Year

Pending Complaints Exceeding the 180-day Investigation Requirement
11

Section E—Final Agency Actions with a Finding of Discrimination

Introduction

Final Agency Actions involving a finding of discrimination may be issued on the record or 

following an EEOC Administrative Hearing. The final actions involving a finding of 

discrimination may include complaints with a variety of bases and issues. The No FEAR Act 

requires Federal Agencies to post the total number of final actions involving a finding of 

discrimination, along with the issues and bases for those complaints. 

Summary of Data

Table 7 and Graph 7 show that from FY 2020 to FY 2021, the number of findings of 

discrimination issued with an EEOC Administrative Hearing decreased by six, and the number of 

findings without an EEOC Administrative Hearing decreased to zero during FY 2021.

Table 7

Final Agency Actions with a Finding of Discrimination

Fiscal Year With an EEOC 

Administrative Hearing

Without an EEOC 

Administrative Hearing

2020 7 3

2021 1 0

Graph 7

Final Agency Actions with a Finding of Discrimination

7

1

3

0

1

2

3

4

5

6

7

8

2020 2021

Number

Fiscal Year

With an EEOC Administrative Hearing Without an EEOC Administrative Hearing
12

Section F—Analysis, Experience, and Actions

Introduction

The No FEAR Act requires: (1) an examination of trends; (2) a causal analysis; (3) practical 

knowledge gained through experience; and (4) any actions planned or taken to improve USDA’s 

complaint or civil rights programs. The prior sections (Sections A-E) provided an examination 

of trends. Described below are various observations related to the remaining three areas:

(1) Causal Analysis

USDA and its sub-component agencies identified and reported in FY 2021 the following factors 

impacting the filing of formal EEO complaints.

• The Agricultural Marketing Service (AMS) reported an 18 percent decrease in the 

number of complaints for FY 2021. Specifically, 18 complaints were filed in FY 2021, 

compared to 22 in FY 2020. AMS attributes the decrease in the number of complaints to 

the CR/EEO training sessions and the Civil Rights Program’s proactive approach in 

resolving complaints at the earliest stages. 

• The Animal and Plant Health Inspection Service (APHIS) reported an 18 percent increase

in the number of complaints filed in FY 2021. Specifically, 39 complaints were filed in 

FY 2021, compared to 33 in FY 2020. APHIS attributes the increase to Coronavirus 

global outbreak, as well as employee concerns regarding Emergency Leave and Telework 

eligible positions. Managers and employees experienced challenges in adapting to the 

virtual setting. APHIS continues to actively engage employees, managers, and 

supervisors in addressing workplace conflicts at the earliest stages.

• The Agricultural Research Service (ARS) reported a 15 percent increase in the number of 

complaints filed in FY 2021. Specifically, 15 complaints were filed in FY 2021, 

compared to 13 in FY 2020. ARS attributes the increase to supervisors and managers 

different management styles, lack of communication and generational perceptions. In 

addition, ARS attributes the increase to fillings based on reprisal, race, and disability.

• The Conflict Complaints Division (CCD), which processes conflict cases3, reported a 

decrease of 30 percent in the number of complaints filed in FY 2021. Specifically, 39

complaints were filed in FY 2021, compared to 56 in FY 2020. CCD attributes the 

decrease to the Coronavirus global outbreak and the Departments maximum telework 

policy instituted since March of 2020. In addition, CCD attributes the decrease to a 

reduced number of compliant of fillings based on sex, reprisal, and disability and 

harassment/non-sexual and promotion/non-selection claims. 

3 Conflict case(s) is an EEO complaint involving facts and/or allegations that are determined to pose an actual, 

perceived, and or potential conflict of interest between a Responsible Management Official or complainant’s 

position or personal interest, and USDA’s responsibility to administer a fair and impartial investigative process and 

resolution of complaints.
13

• Economic Research Services (ERS) reported no change in the number of complaints filed 

in FY 2021. Specifically, one complaint was filed in FYs 2021 and 2020. ERS attributes 

the static number in complaints to the timely Civil Rights (CR) and EEO supplemental

training offered to managers, supervisors, and employees on conflict management.

• The Foreign Agricultural Service (FAS) reported a 18 percent decrease in the number of 

complaints filed in FY 2021. Specifically, 9 complaints were filed in FY 2021, compared 

to 11 in FY 20204. FAS attributes the decrease in complaints to continued training and 

educating employees on EEO issues, as well as adhering to USDA’s civil rights policy and 

applicable requirements.

• The Food and Nutrition Service (FNS) reported a 53 percent decrease in complaints filed. 

Specifically, 9 complaints were filed in FY 2021, compared to 19 in FY 2020. FNS 

attributes the decrease in complaints filed to the proactive approach of offering various 

online and virtual trainings to all employees on related EEO topics, such as AntiHarassment and the Conflict Prevention and Resolution.

• The Farm Production and Conservation (FPAC) – Business Center (BC) reported a 33

percent decrease in the number of complaints filed in FY 2021. Specifically, four

complaints were filed in FY 2021, compared to six in FY 2020. The BC attributes the 

decrease in the number of complaints to FPAC’s continued maximizing synergy in 

leadership as a result of their reorganization and streamlining case management within its 

Civil Rights and EEO Division. 

• The FPAC – Farm Service Agency (FSA) reported a 29 percent increase in the number of 

formal complaints in FY 2021. Specifically, 22 complaints were filed in FY 2021, 

compared to 17 in FY 2020. FSA attributes the increase in the number of complaints to

FPAC’s efforts in educating employees on EEO civil rights policies and their rights to 

participate in the EEO process without reprisal or retaliation.

• The FPAC – Natural Resources Conservation Service (NRCS) reported a 23 percent 

increase in the number of complaints filed in FY 2021. Specifically, 21 complaints were 

filed in FY 2021, compared to 17 in FY 2020. NRCS attributes the increase in the 

complaint numbers to FPAC’s efforts in educating employees on EEO civil rights 

policies and their rights to participate in the EEO process without reprisal or retaliation.

• The FPAC – Risk Management Agency (RMA) reported no change in the number of 

complaints filed in FY 2021. Specifically, one complaint was filed in FYs 2021 and 

2020. RMA attributes the static number in complaints to the CR and EEO supplemental 

training on conflict management, unconscious bias, diversity, and inclusion.

• The Forest Service (FS) reported an increase of one complaint filed in FY 2021. 

Specifically, 71 complaints were filed in FY 2021, compared to 70 complaints file in FY 

2020. FS attributes the increase in the number of complaints to the upsurge of multiple 

4 Due to data reconciliation during FY 2021 FAS received 11 complaints in FY 2020 as opposed to 20 complaints 

reported in FY 2020 No FEAR Report
14

fliers. In FY 2020, there were three multiple filers compared to five in FY 2021. FS 

continues to work with employees and management to support proactive intervention and 

early resolution to conflicts. 

• The Food Safety and Inspection Service (FSIS) reported a five percent decrease in the 

number of formal complaints filed in FY 2021. Specifically, 55 complaints filed in FY

2021, compared to 58 filed in FY 2020. FSIS attributes the decrease in the complaints to 

the actions and or activities undertaken during FY 2020, i.e., CR/EEO training, 

conducting Title VII compliance reviews, continued marketing of alternative dispute 

resolution (ADR) for complaint resolution at the lowest level, and the FSIS 

reorganization. 

• The National Agricultural Statistics Service (NASS) reported an increase of three

complaints filed in FY 2021. Specifically, four complaints were filed in FY 2021, 

compared to one in FY 2020. NASS attributes the increase in complaints to one 

employee filling multiple complaints. NASS continues to work with employees and 

management to encourage and support proactive intervention and early resolution to 

conflicts. 

• The National Institute of Food and Agriculture (NIFA) reported no complaints filed in 

FY’s 2020 and 2021. NIFA attributes the static number of complaints to emphasis on CR 

training, utilization of ADR, and early proactive prevention of discrimination in the 

workplace.

• The Office of the Chief Financial Officer (OCFO) reported a 37 percent decrease in the 

number of complaints filed in FY 2021. Specifically, 17 complaints were filed in FY 

2021, compared to 27 in FY 2020. OCFO attributes the decrease to allowing maximum 

participation of employees to telework during the COVID-19 Pandemic and offering

other avenues to address concerns at the lowest possible levels.

• The Rural Development (RD) reported a 25 percent increase in complaints filed in FY 

2021. Specifically, 20 complaints were filed in FY 2021, compared to 16 in FY 2020. 

RD attributes the increase in the number of complaints filed to the Agency realignments 

and reorganizations. These shifts caused impacts on hundreds of employees and changed 

their reporting structures resulting in an increase in complaints.

(2) Experience Gained by USDA in the Processing of Formal Complaints

USDA, including all its Mission Areas and agencies, has learned the following lessons from its 

experience in processing and resolving formal EEO complaints by:

• issuing mandatory training to all employees and ensuring the training met the EEO 

competency requirements;

• conducting on-going Title VII compliance reviews which identify recommendations on 

how to address issues at the early stages;
15

• holding managers, supervisors, and employees accountable for engaging in 

discriminatory practices to prevent such conduct in the future;

• collaborating with Human Resources, Mission Areas, and staff offices to ensure 

consistency in recruitment, hiring, retention, development, and the advancement for all 

employees;

• encouraging managers, supervisors, and employees to actively communicate with 

external customers to diminish the complaint data trends;

• posting the new Anti-Harassment Policy Statement and reaffirming the Secretary's EEO 

policy to ensure relevant information is disseminated to all employees;

• analyzing complaint data collected from compliance reviews conducted in various 

regions like the Northeast, Western Regional and National Office, facilitates informed 

decisions that are based on the findings;

• increasing communication to all employees in advance of policy and/or organizational 

changes to deter the anxiety resulting from the changes;

• establishing a new Title VII Equal Employee Complaints Processing and Resolution 

Branch, which is committed to a revitalized focus on case management and customer 

service;

• remaining committed to educating managers, supervisors, and employees on EEO and 

Civil Rights laws in its efforts to avoid harassment and discriminatory practices;

• allowing maximum participation of all employees for employees to telework; and

• strengthening the pre-complaint process to accurately identify and process allegations in

accordance with the EEO laws.

(3) Past and Future Actions by USDA Relating to EEO Complaints Processing

USDA has taken several actions that have proven effective in improving its formal EEO 

complaint processing. These past actions include the following:

• continued to reinforce the USDA’s commitment to ensure a harassment-free work 

environment;

• developed a plan to provide Diversity and Inclusion Training to the workforce as a 

foundation for meaningful change in current practices;

• determined the training needs of all employees by assessing views on anti-harassment, 

and workforce diversity;
16

• remained committed to educating managers, supervisors, and employees in EEO and 

Civil Rights laws in an effort to avoid harassment and discriminatory practices;

• strengthened communications, identified trends, and evaluated the possibility of early 

resolution for complaints;

• maximized the results of quarterly EEO compliance reviews to identify trends and 

potential civil rights violations;

• monitored recent reorganizations to ensure program offices provided the identified 

resources needed to aid employees in the transition;

• required employees to complete Civil Rights and EEO training which included guidance 

on discrimination, retaliation, harassment and instituted appropriate resolutions;

• published information on upcoming leadership plans for employees through 

intranet accessibility;

• provided training to senior leaders, managers, and supervisors on their role in the 

complaint process. Training was communicated through handouts and 

presentations at Senior Leadership meetings;

• hosted supplemental training sessions for managers and employees to include such 

topics as Using ADR Techniques, Understanding Harassment, Unconscious Bias, 

Reasonable Accommodation (RA), and Hostile Environment Claims;

• created a new division which deals with “Customer and Employee Engagement” to listen, 

learn, and measure what matters to customers and employees;

• provided RA training to new supervisors, frontline supervisors, and various offices within 

the Agency to reinforce understanding of RA procedures; and

• reaffirmed and disseminated the Secretary's EEO policy statement and Anti-harassment 

Policy Statement to all employees and managers.

USDA is also introducing new initiatives to reduce complaints in future years. USDA plans to 

take the following actions: 

• hold quarterly “Lunch and Learning” sessions on topics that include Employee Resource 

Groups, the Veterans Employee Organization, Equality USDA (LGBTQ+), and the 

Dynamic Employees Beyond Disabilities group;

• create and sustain a safe, resilient, and respectful working environment through a national 

Work Environment and Performance Office and progressive Civil Rights initiatives;

• provide refresher training for resolving officials in order to accomplish OneUSDA’s goal 
17

of resolving complaints at the lowest level in both the informal and formal EEO 

complaints stages;

• conduct interactive EEO training sessions for new supervisors through the Fundamentals 

of Human Resource Management training;

• encourage supervisors and managers to continue to communicate with employees during 

return to work, reorganizations, and structural changes which may help reduce inherent 

anxiety in such situations;

• continue to work closely with HR to ensure that supervisors and managers are trained on 

ADA compliance obligations and the interactive process regarding possible requests for 

reasonable accommodations for eligible employees;

• continue to review the best practices in formal EEO complaint tracking and to provide 

conflict micro-aggression, and unconscious bias courses to managers, supervisors, and 

employees which will contribute to a better work environment;

• enhance its RA program to improve efficiency and to ensure compliance with the 

EEOC’s requirements; and

• enforce compliance review assessment tools to determine whether new measures are 

required to effectively assess the Agency’s EEO Program.
18

PART II:

USDA Reimbursement to 

Judgment Fund for 

Fiscal Year 2021
19

USDA Reimbursement to Judgment Fund for FY 2021

Introduction

Table 8 below provides information on reimbursements by USDA to the U.S. Department of 

Treasury’s Judgment Fund for monies associated with FY 2020 judgments, awards, or 

settlements under the statutes addressed in the No FEAR Act. 

Table 8

USDA Reimbursement to Judgment Fund for FY 2021 Settlements

USDA Reimbursement to Judgment Fund for FY 2021 Settlements

Case Total Amount Attorney’s Fees

1 $75,000.00 -

2 $20,000.00 -

-

Total $95,000.00 $0

Summary

In FY 2021, USDA reimbursed $95,000.00 to the Judgment Fund, of which $0 was identified as 

payment of attorney’s fees.
20

PART III:

USDA Disciplinary Actions and Reports 

for Fiscal Years 2020 – 2021
21

USDA Disciplinary Actions and Reports for

Fiscal Years 2020–2021

Summary of Data

PART 1: Table 9 below contains the number of disciplinary actions taken against employees 

who were found to have committed prohibited acts of discrimination, retaliation, harassment, or 

prohibited personnel practices (including those acts discovered in conjunction with investigations

of whistleblower protection or civil rights complaints).

Table 9

Administrative Disciplinary Actions5

TYPE OF 

ACTION FY 2020 FY 2021

DISC. RET. HAR. PPP WBP TOTAL DISC. RET. HAR. PPP WBP TOTAL

REMOVAL 0 0 0 0 0 0 0 0 0 0 0 0

15 DAY OR

MORE 0 0 0 0 0 0 0 0 0 0 0 0

14 DAY OR 

LESS 1 2 5 0 1 9 0 0 0 0 0 0

REDUCTION

IN GRADE 0 0 0 0 0 0 0 0 0 0 0 0

REDUCTION

IN PAY 0 0 0 0 0 0 0 0 0 0 0 0

LOR 1 0 4 0 0 5 1 0 0 0 0 0

TOTAL

DISCIPLINE 2 2 9 0 1 14 1 0 0 0 0 1

PART 2: Table 10 below illustrates the number of complaints referred to the Office of Special 

Counsel (OSC) Whistleblower cases. 

Table 10

Office Of Special Counsel Cases

CATEGORIES OF CASES FY 2020 FY 2021 TOTAL

OSC Whistleblower Case 18 15 15

OSC Whistleblower Case Closed 0 0

*Data Source: Office of Inspector General

5 Table Abbreviations: Disc. = Discrimination; Ret. = Retaliation; Har. = Harassment; PPP = Prohibited Personnel 

Practice; WBP = Whistleblower Protection Act; and LOR = Letter of Reprimand.
22

PART IV:

USDA Federal Court Litigation Statistics 

for FY 2021
23

Tables 11, 12, and 13 below provide composite data for cases in Federal Court pending or 

resolved in FY 2020 and arising under the anti-discrimination and whistleblower protection laws.

Table 11

Federal Cases Pending in FY 2021

Pending District Court Cases 33

Pending Appellate Court Cases 1

New Cases Filed in District Court 11

Note: Cases pending at any time during the year, including those filed and those in pendency during the year.

Table 12

Pending Cases

29 U.S.C. 

§206(d)

29 U.S.C. 

§631

29 U.S.C. 

§633a

29 U.S.C. 

§791

42 U.S.C. 

§2000e-16

Disposed of in FY 2021 0 4 4 6 10

Pending at End of FY 2021 1 8 8 16 29

Table 13

Disposition of Cases

(Including Dismissals)

29 

U.S.C. 

§206(d)

29 U.S.C. 

§631

29 U.S.C. 

§633a

29 U.S.C. 

§791

42 U.S.C. 

§2000e-16

Settlements 0 1 1 4 5

Withdrawals 0 0 0 0 0

Final Judgment for 

Complainant

0 0 0 0 0

Final Judgment for 

Agency

0 3 3 2 5

Total Cases disposed of 

in FY 2021

0 0 0 0 13
A-1

Appendix A

Equal Employment Opportunity Data 

Posted Pursuant to the No FEAR Act
A-2

Equal Employment Opportunity Data Posted 

Pursuant to the No FEAR Act 

FY 2020 for period ending September 30, 2021 

Complaint Activity 

2017 2018 2019 2020 2021 

Number of Complaints Filed 561 522 436 394 342 

Number of Complainants 531 497 414 381 323 

Repeat Filers 24 21 18 11 17 

Complaints by Basis6

Note: Complaints can be filed alleging multiple 

bases.The sum of the bases may not equal total 2017 2018 2019 2020 2021 

complaints filed.

Race 243 216 195 170 142 

Color 75 85 95 59 52 

Religion 35 28 35 18 16 

Reprisal 311 315 258 224 162 

Sex 216 229 171 168 111 

PDA 2 2 2 3 3 

National Origin 67 68 58 46 41 

6 Cases With Multiple Bases Alleged

1. Of the cases handled by OGC involving the Federal Antidiscrimination Laws covered by the No FEAR Act, 

approximately 76.5 percent of those cases involve claims of discrimination on multiple bases (e.g., Sex, Race) 

and under multiple statutes (e.g., Title VII, ADEA).

2. Of the cases handled by OGC involving the Federal Antidiscrimination Laws covered by the No FEAR Act, 

approximately 53.1 percent of those cases also included a claim of reprisal/retaliation.
A-3

Equal Pay Act 8 13 7 6 6 

Age 207 155 157 144 96 

Disability 185 195 170 141 103 

Genetics 1 0 3 3 2 

Non-EEO 55 40 37 38 29 

Complaints by Issue 

Note: Complaints can be filed alleging multiple 201 bases.The sum of the bases may not equal total 2018 2019 2020 2021 7

complaints filed.

Appointment/Hire 40 24 17 31 26

Assignment of Duties 87 82 72 58 34

Awards 17 14 8 7 7

Conversion to Full Time/Permanent Status 3 1 0 0 0

Demotion 4 3 1 4 0

Reprimand 45 43 41 24 14

Suspension 36 37 34 27 19

Removal 17 21 32 29 7

Other 4 3 3 5 0

Duty Hours 18 8 15 12 5

Performance. Evaluation/Appraisal 96 98 91 76 44

Examination/Test 2 1 1 1 2

Non-Sexual 343 351 239 199 146

Sexual 13 24 6 15 5

Medical Examination 4 0 3 0 0

Pay including Overtime 30 11 13 20 4
A-4

Promotion/Non-Selection 124 71 100 82 68

Reassignment 

Denied 17 21 17 8 11

Directed 20 26 39 16 19

Reasonable Accommodation Disability 84 94 75 56 35

Reinstatement 0 0 3 4 1

Religious Accommodation 4 1 1 2 1

Retirement 6 4 11 5 3

Sex-Stereotyping 1 1 0 0 0

Telework 25 31 20 14 2

Termination 36 35 27 24 28

Terms/Conditions of Employment 146 135 137 58 56

Time and Attendance 67 77 69 42 27

Training 40 45 30 17 19

User Defined - Other 1 2 0 1 2 4

User Defined - Other 2 1 0 0 0 1

User Defined - Other 3 0 0 0 0 0

User Defined - Other 4 0 0 0 0 0

Processing Time 

2017 2018 2019 2020 2021

Average Number of Days in 173.2 161.02 199.49 207.27 157.95 Investigation 2

Average Number of Days in Final 151.66 36.78 40.62 32.40 35.83 Action 

Average Number of Days in 172.5 165.95 208.32 216.45 166.19 Investigation 8
A-5

Average Number of Days in Final 108.76 21.90 29.15 25.95 18.22 Action 

Average Number of Days in 173.7 153.61 189.03 190.26 149.99 Investigation 8

Average Number of Days in Final 181.49 50.90 55.94 40.90 53.54 Action 

Complaints Dismissed by Agency 

2017 2018 2019 2020 2021 

Total Complaints Dismissed by 83 84 51 46 22 Agency 

Average Days Pending Prior to 64 20 66 40 53 Dismissal 

Total Complaints Withdrawn by 35 28 37 46 18 Complainants 

Total Final Agency Actions Finding 

Discrimination 2017 2018 2019 2020 2021 

# % # % # % # % # % 

Total Number Findings 5 1 3 10 1 

Without Hearing 3 60 0 0 1 33 3 30 0 0 

10 With Hearing 2 40 1 100 2 67 7 70 1 0

Note: Complaints can be filed 

2019 alleging multiple bases. The sum 2017 2018 2020 2021 

of the bases may not equal total 

complaints and findings. # % # % # % # % # % 

Total Number Findings 4 1 3 10 1 
A-6

Race 3 75 0 0 1 33 2 20 0 0

Color 0 0 0 0 1 33 1 10 0 0

Religion 0 0 0 0 0 0 0 0 0 0

Reprisal 1 25 1 100 2 67 6 60 1 100

Sex 0 0 1 100 1 33 5 50 0 0

PDA 0 0 0 0 0 0 0 0 0 0

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

Equal Pay Act 0 0 0 0 0 0 0 0 0 0

Age 1 25 0 0 0 0 0 0 0 0

Disability 0 0 0 0 2 67 2 20 1 100

Genetics 0 0 0 0 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0 1 10 0 0

Findings After Hearing 2 1 2 7 1

Race 2

10

0

0 0 0 0 2 29 0 0

Color 0 0 0 0 0 0 1 14 0 0

Religion 0 0 0 0 0 50 0 0 0 0

Reprisal 0 0 1 100 1 0 6 71 1 100

Sex 0 0 1 100 0 0 5 71 0 0

PDA 0 0 0 0 0 0 0 0 0 0

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

Equal Pay Act 0 0 0 0 0 0 0 0 0 0

Age 1 50 0 0 0 50 0 0 0 0

Disability 0 0 0 0 1 0 0 0 1 100

Genetics 0 0 0 0 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0 1 14 0 0
A-7

Findings Without Hearing 2 0 1 3 0 

Race 1 50 0 0 1 100 0 0 0 0 

Color 0 0 0 0 1 100 0 0 0 0 

Religion 0 0 0 0 0 0 0 0 0 0 

Reprisal 1 50 0 0 1 100 1 33 0 0 

Sex 0 0 0 0 1 100 0 0 0 0 

PDA 0 0 0 0 0 0 0 0 0 0 

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

Equal Pay Act 0 0 0 0 0 0 0 0 0 

Age 0 0 0 0 0 0 0 0 0 0 

Disability 0 0 0 0 1 100 2 67 0 0 

Genetics 0 0 0 0 0 0 0 0 0 0 

Non-EEO 0 0 0 0 0 0 0 0 0 0 

Findings of Discrimination 

Rendered by Issue 

2017 2018 2019 2020 2021 

Total Number Findings 4 1 3 10 # %

Appointment/Hire 0 0 0 0 0 0 0 0 1 

Assignment of Duties 2 50 0 0 0 0 3 30 0 0 

Awards 0 0 0 0 0 0 0 0 0 0 

Conversion to Full Time/ 0 0 0 0 0 0 0 0 0 0 Permanent Status 

Demotion 0 0 0 0 0 0 0 0 0 0 

Reprimand 0 0 0 0 0 0 1 10 0 0 

Suspension 0 0 0 0 1 33 0 0 0 0 

Removal 0 0 0 0 1 33 0 0 0 0 
A-8

Other 0 0 0 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 1 10 0 0

Performance Evaluation/ Appraisal 0 0 0 0 1 33 2 20 0 0

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

Non-Sexual 0 0 0 0 3 100 5 50 1 100

Sexual 0 0 1

10

0

0 0 0 0 0 0

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

Pay Including Overtime 0 0 0 0 1 33 1 10 0 0

Promotion/Non-Selection 3 75 0 0 0 0 1 10 0 0

Denied 0 0 1

10

0

0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0

Reasonable Accommodation 

Disability 0 0 0 0 2 67 0 0 1 100

Reinstatement 0 0 0 0 0 0 0 0 0 0

Religious Accommodation 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0

Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0

Telework 0 0 0 0 0 0 1 10 0 0

Termination 1 25 0 0 0 0 0 0 0 0

Terms/Conditions of Employment 1 25 0 0 0 0 3 30 0 0

Time and Attendance 0 0 1

10

0

0 0 0 0 0 0

Training 0 0 0 0 0 0 1 10 0 0

User Defined - Other 1 0 0 0 0 0 0 0 0 0 0

User Defined - Other 2 0 0 0 0 0 0 0 0 0 0

User Defined - Other 3 0 0 0 0 0 0 0 0 0 0
A-9

User Defined - Other 4 0 0 0 0 0 0 0 0 0 0

Findings After Hearing 2 1 2 7 1

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

Assignment of Duties 1 50 0 0 0 0 2 29 0 0

Awards 0 0 0 0 0 0 0 0 0 0

Conversion to Full Time/Perm 

Status 0 0 0 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 1 14 0 0

Suspension 0 0 0 0 1 50 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 1 14 0 0

Performance Evaluation/ Appraisal 0 0 0 0 1 50 2 20 0 0

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

Non-Sexual 0 0 0 0 2 100 4 57 1 100

Sexual 0 0 1

10

0

0 0 0 0 0 0

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

Pay Including Overtime 0 0 0 0 1 50 0 0 0 0

Promotion/Non-Selection 1 50 0 0 0 0 1 14 0 0

Denied 0 0 1

10

0

0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0

Reasonable Accommodation 

Disability 0 0 0 0 1 50 0 0 1 100

Reinstatement 0 0 0 0 0 0 0 0 0 0

Religious Accommodation 0 0 0 0 0 0 0 0 0 0
A-10

Retirement 0 0 0 0 0 0 0 0 0 0

Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0

Telework 0 0 0 0 0 0 1 14 0 0

Termination 1 50 0 0 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0

0

0 2 29 0 0

Time and Attendance 0 0 1

10

0

0 0 0 0 0 0

Training 0 0 0 0 0 0 1 14 0 0

User Defined - Other 1 0 0 0 0 0 0 0 0 0 0

User Defined - Other 2 0 0 0 0 0 0 0 0 0 0

User Defined - Other 3 0 0 0 0 0 0 0 0 0 0

User Defined - Other 4 0 0 0 0 0 0 0 0 0 0

Findings Without Hearing 2 0 1 3 0

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

Assignment of Duties 1 50 0 0 0 0 1 33 0 0

Awards 0 0 0 0 0 0 0 0 0 0

Conversion to Full Time/

Permanent Status 0 0 0 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 1 100 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0

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

Performance Evaluation/ Appraisal 0 0 0 0 0 0 0 0 0 0

Examination/Test 0 0 0 0 0 0 0 0 0 0
A-11

Non-Sexual 0 0 0 0 1 100 1 33 0 0 

Sexual 0 0 0 0 0 0 0 0 0 0 

Medical Examination 0 0 0 0 0 0 0 0 

Pay Including Overtime 0 0 0 0 0 0 1 33 0 0 

Promotion/Non-Selection 2 100 0 0 0 0 0 0 0 0 

Denied 0 0 0 0 0 0 0 0 0 0 

Directed 0 0 0 0 0 0 0 0 0 0 

Reasonable Accommodation 0 0 0 0 1 100 0 0 0 0 Disability 

Reinstatement 0 0 0 0 0 0 0 0 0 0 

Religious Accommodation 0 0 0 0 0 0 0 0 0 0 

Retirement 0 0 0 0 0 0 0 0 0 0 

Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 

Telework 0 0 0 0 0 0 0 0 0 0 

Termination 0 0 0 0 0 0 0 0 0 0 

Terms/Conditions of Employment 1 50 0 0 0 0 1 33 0 0 

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

Training 0 0 0 0 0 0 0 0 0 0 

User Defined - Other 1 0 0 0 0 0 0 0 0 0 0

User Defined - Other 2 0 0 0 0 0 0 0 0 0 0 

User Defined - Other 3 0 0 0 0 0 0 0 0 0 0

User Defined - Other 4 0 0 0 0 0 0 0 0 0 0 

Pending Complaints Filed in 

Previous Fiscal Years by Status 

2017 2018 2019 2020 2021

Total Complaints from Previous 472 453 421 369 324 Fiscal Years 
Total Complainants 429 410 368 321 285 

Investigation 14 17 17 17 18 

ROI Issued, Pending 0 0 1 0 1 Complainant's Action 

Hearing 434 426 410 333 303 

Final Agency Action 27 24 36 26 16 

Appeal with EEOC Office of 192 231 274 352 298 Federal Operations 

Complaint Investigations 

2017 2018 2019 2020 2021 

Pending Complaints Where 

Investigations Exceed Required 8 21 16 16 14 

Time Frames 

A-12