No FEAR Act 

ANNUAL REPORT 

FISCAL YEAR 2022 

U.S. Department of Agriculture 
 

 

 

 

 

 

 

 

Office of the Secretary 

Washington, D.C. 20250 

June 8, 2022 

USDA Civil Rights Policy Statement 

At USDA, we are recommitting ourselves to the values of equity, inclusion, and equal opportunity for each other 

and those we serve. As Secretary, I will work with our dedicated team to intentionally build and advance a 

culture of belonging which empowers a diverse mix of people across USDA. It is USDA’s mission to actively 

advance racial justice and equity for one another by rooting out systemic racism and strengthening civil rights 

programs while building trust within and outside the Department. This commitment is reflected in USDA’s 

Strategic Plan 2022-2026, USDA’s Equity Action Plan, and the Office of the Assistant Secretary for Civil 

Rights’ draft FY 2022-2026 Strategic Plan. 

As a Department, our core values of respect and dignity, equity and inclusion, trust and integrity, service and 

results, and science leadership serve as guiding principles, defining appropriate behaviors, expectations for all 

employees, and directing decision making throughout all levels of the organization. 

No employee, former employee, or applicant for employment at the Department will be denied equal 

opportunity because of race, color, sex, national origin, religion, age, disability, pregnancy, sexual orientation, 

gender identity, genetic information, retaliation, or any other non-merit-based factor. This not only is the law; it 

is an essential component of the Department’s mission and our responsibility to the public we serve. 

All employees have the freedom to compete on a fair and level playing field with equal opportunity for available 

employment and advancement opportunities. Equal employment opportunity covers all personnel/employment 

programs, management practices, and decisions, including recruitment/hiring, merit promotion, transfer, 

reassignments, training and career development, benefits, and separation. These civil rights principles are more 

than employees’ rights by law—they are core values at the USDA. 

USDA strives to become a leader in EEO and a model employer. All USDA applicants and employees have the 

right not only to be free from harassment and discrimination but also to raise an allegation of harassment or 

discrimination and not fear reprisal. I will not tolerate any form of workplace harassment. Agencies are 

required to respond to, address, and correct any harassing conduct before it becomes severe or pervasive, and 

USDA will continue to quickly process complaints of harassment, discrimination, and reprisal and provide 

robust EEO training to all employees. 

I will hold all employees and managers accountable for doing their part to ensure all USDA applicants, 

customers, constituents, and stakeholders are provided equal access to all opportunities, programs, and services 

available through USDA. Accordingly, all senior leaders, managers, and supervisors must act in a manner that 

is deserving of the public’s trust and with the utmost integrity in everything we do as public servants, leading 

always by example, treating everyone with dignity and respect, and promoting an ethical, equitable, and 

inclusive culture. All must comply with EEO principles as we perform the Department’s mission. 

Sincerely, 

Thomas J. Vilsack 

Secretary 

An Equal Opportunity Employer 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table of Contents 

Annual Reporting Requirements 1 

Executive Summary 2 

PART I: USDA Formal EEO Complaints for 5 

Fiscal Years 2021 - 2022 

Section A – Number of Formal EEO Complaints and Number of Filers 6 

Section B – Most Frequently Cited Bases in Formal EEO 7 

Complaints at USDA 

Section C – Most Frequently Cited Issues in Formal EEO 9 

Complaints at USDA 

Section D – EEO Processing Stages 11 

(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 15 

Section F – Analysis, Experience, and Actions 16 

(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 21 

Fiscal Year 2022 

PART III: USDA Disciplinary Actions and Reports for 23 

Fiscal Years 2021 - 2022 

PART IV: USDA Federal Court Litigation 25 

Statistics for Fiscal Year 2022 

Appendix Equal Employment Opportunity Data Posted A-1 

Pursuant to the No FEAR Act 
 

 

 

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. 

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Executive Summary 

USDA’s FY 2022 No FEAR Act Annual Report is the eighteenth report submitted pursuant to 

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

demonstrates key accomplishments for USDA during FY 2022 to reduce 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 2022 USDA continued to maintain maximum telework posture, along with all other federal 

agencies. 

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

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

• A decrease of 78 equal employment opportunity (EEO) complaints filed in FY 2022, 

compared to FY 2021. In addition, the number of filers decreased by 67 in 2022, 

compared to the previous fiscal year. 

• The number of findings of discrimination in EEO complaints increased by nine in FY 

2022, compared to FY 2021. 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 for FY 2022 there was 

zero disciplinary actions (See Part III: Table 9 Disciplinary Actions) taken against 

employees, compared to 1 in FY 2021. The Office of Human Resource Management 

(OHRM) reported the decrease in disciplinary actions FYs 2021 and FY 2022 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. 

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

within the statutory timeframes in FY 2022. Specifically, 233 formal complaints of 

discrimination were processed at the intake stage with an average processing time (APT) 

of 28 days for acceptance or dismissal determinations. Processed 56 requests for 

amendments and modifications with an APT of 18 days. 

• Streamlined standard operating procedures to eliminate pending inventories of appeal 

packages and submitted 96 complaint files to the Equal Employment Opportunity 

Commission’s (EEOC), Office of Federal Operations with an APT of 19 days. 

• Led the Stakeholder Engagement work group which provided recommendations for the 

Deputy Assistant Secretary for Civil Rights, Policy and Stakeholder Engagement’s 

communications and engagement with internal and external stakeholders. 

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In addition, during FY 2022 USDA, through its Office of the Assistant Secretary for Civil Rights 

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

• Produced and disseminated four major reports to Congress or Regulatory Bodies for FY 

2021, as follows: 

o Affirmative Employment Program Plan for Minorities and Women, and Affirmative 

Action Plan for Individuals with Disabilities Accomplishment Report and Updates 

(EEOC MD-715); 

o Age Act Report to Health and Human Services; and 

o Report of Civil Rights Complaints, Resolutions and Actions. 

• Conducted oversight and guidance on 56 reviews in accordance with Departmental 

Regulation 4300-004, Civil Rights Impact Analyses (CRIA), to establish significant 

proposed, interim, or final rules, a planned reorganization, or advisory committee 

establishment or renewal. Provided technical assistance to staff offices with no civil 

rights or program staff in developing CRIAs. 

• Disseminated the No FEAR Act Training, in accordance with 29 CFR § 1614, and 

management directive 715 (MD-715) governing affirmative employment programs, to 

more than 104,000 employees on January 4, 2022. Ninety-four percent of the 104,000 

USDA employees completed the training successfully in FY 2022. 

• Automated data collection, analyses, and reporting systems to modernize and transform 

business processes within OASCR. Examples of five data analytics and modernization 

projects in FY 2022 are: SPAM mitigation, MD-715 automation, CR Performance 

Assessment, religious exemptions, and reconciliation of informal EEO/Alternative 

Dispute Resolution (ADR) data. 

• Currently engaged in the process of developing a self-assessment tool, in accordance with 

USDA Office of Inspector General (OIG) Audit Report Number 60601-0001-21 (Finding 

5) that OASCR must “Strengthen its Oversight Efforts of USDA Agencies” for use by 

agencies in measuring their civil rights performance. 

• Conducted eight annual observances in FY 2022 through its Mission Area Liaison Unit, 

established by Presidential proclamation or Congressional authority to recognize the 

contributions and achievements of diverse groups to the nation and our workforce. 

o Dr. Martin Luther King, Jr. Day of Service (January 15) 

o National African American History Month (February) 

o National Women's History Month (March) 

o Asian American and Pacific Islander Heritage Month (May) 

o LGBTQ+ Pride Month (June) 

o National Hispanic Heritage Month (September 15 - October 15) 

o Disability Employment Month (October) 

o Native American and Alaskan Native American Heritage Month (November) 

3 
 

 

 

 

• Submitted timely OIG/GAO monthly audit reports to the Office of the Chief Financial 

Officer (OCFO). 

• Established strategies and process improvements resulting in the closure of seven OIG 

audit recommendations. 

• Implemented Strategic Plan activities to establish key performance measures within 

OASCR, such as: 

o Created and led an OASCR cross-divisional Strategic Plan Committee to establish 

strategic goals and implementation strategies; 

o Updated OASCR’s five-year strategic plan; 

o Created Collaborative Action Plan; and 

o Created OASCR’s Strategic Plan Progress Report to track its strategic plan progress. 

• Published The OASCR Times newsletter, in FYs 2021, 2022, and 2023. The publication 

was broadened from an OASCR publication to a department-wide publication. 

• Drafted the USDA Civil Rights Performance Assessment (CRPA) and relaunched the 

civil rights compliance assessment of USDA mission areas, agencies, and staff offices. 

• Benchmarked federal agencies’ compliance with the Cummings Act and provided 

recommended reporting strategies for USDA. 

• Coordinated the rollout of the FY 2022 mandatory Unconscious Bias Civil Rights 

training. 

• Successfully planned and hosted 2022 USDA Civil Rights Conference. 

4 
 

 

PART I: 

USDA Formal EEO Complaints 

for 

Fiscal Years 2021 – 2022 

5 
 

 

 

 

 

 

 

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 2021 and 2022. 

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 2022, 246 complaints were filed, compared to 342 in FY 2021. This represents a 23 

percent decrease in complaints filed. Additionally, the number of filers in FY 2022 was 256 

compared to 323 in FY 2021. This represents a 21 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 

2021 342 323 

2022 264 256 

Graph 1 

Formal EEO Complaints and Filers at USDA 

400 

350 

300 

250 

200 

150 

100 

50 

0 

2021 2022 

Fiscal Year 

Number of Complaints Filed Number of Filers 

Number 

342 

323 

264 256 

6 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 2021 and 2022. 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 2022 are: 

(1) retaliation; (2) disability; (3) race; and (4) sex. In FY 2021, the four most frequently cited 

bases were: (1) retaliation; (2) race; (3) sex; and (4) disability. 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 2022 and 2021. In FY 2022, 122 complaints cited retaliation as a basis, compared to 162 

complaints in FY 2021. This represents a 25 percent reduction in complaints alleging retaliation 

as a basis. 

Complaints Alleging Disability Discrimination 

Disability matched retaliation as the most frequently alleged basis in formal EEO complaints at 

USDA for FY 2022. In FY 2022, 122 complaints cited disability as a basis, compared to 103 

complaints in FY 2021. This represents an 18 percent increase in complaints alleging disability 

as a basis. Of those 122 claims that cited disability as a basis, 32 raised issues of reasonable 

accommodation. 

Complaints Alleging Race Discrimination 

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

2022. In FY 2022, 86 complaints cited race as a basis, compared to 142 complaints in FY 2021. 

This represents a 39 percent reduction in complaints alleging race as a basis. 

Complaints Alleging Sex Discrimination 

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

FY 2022. In FY 2022, 79 complaints cited sex as a basis, compared to 111 in FY 2021. This 

represents a 29 percent reduction in complaints alleging sex as a basis. 

7 
 

 

 

 

 

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

Other 1 

2021 142 52 16 111 41 103 96 162 29 

2022 86 35 35 79 20 122 69 122 21 

Graph 2 

Most Frequently Cited EEO Bases 

180 

160 

140 

120 

100 

80 

60 

40 

20 

0 

2021 2022 Fiscal Year 

Race Sex Disability Retaliation 

162 

142 

111 

122 122 

103 

86 79 

Number 

1 Other USDA protected basesincludeNon-EEO, including political beliefs and marital status. Additionally, the 

basis of sex includes gender identity and expressionas well as sexual orientation. 

8 
 

 

 

 

 

 

 

 

 

 

 

 

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 2021 and 2022. 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 2022 were: (1) Harassment; (2) Other 

(Religious Accommodation, Sex Stereotyping, Telework); and (3) Promotion/Non-selection. In 

FY 2021, the three EEO issues most frequently cited were: (1) Harassment; (2) Promotion/NonSelection; and (3) Disciplinary Action. 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 FYs 2022 and 2021. In 

FY 2022, 133 filings of complaints cited harassment as an issue, compared to 151 filings in FY 

2021, indicating a 12 percent decrease. 

Other (Religious Accommodation, Sex Stereotyping, Telework) replaced Promotion/Nonselection as the second most frequently cited issue in formal EEO cases in FY 2022. A total of 

56 filings of complaints cited Other as an issue in FY 2022, compared to three complaints in FY 

2021, a 1,780 percent increase. 

Promotion/Non-selection swapped places with Disciplinary Action2 as the third most frequently 

cited issue in formal EEO cases in FY 2022. A total of 48 filings of complaints cited 

Promotion/Non-selection as an issue in FY 2022, compared to 68 complaints in FY 2021, a 29 

percent decrease. 

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

9 
 

 

 

133 

68 

56 

48 

3 

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 

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

2022 11 11 4 0 35 0 26 0 133 1 4 48 7 32 0 0 24 0 13 9 56 

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

. 

Graph 3 

Change in number of top three most frequently cited EEO Issues 

in Formal EEO Complaints from FY 2021 to FY 2022 

Number 

151 

140 

120 

100 

80 

60 

40 

20 

0 

2021 2022 

160 

Fiscal Year 

Other Promotion/Nonselection Harassment 

10 
 

 

 

 

 

 

 

 

 

Section D—EEO Processing Stages 

Introduction 

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

EEO complaints processed during FYs 2021 and 2022. 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 Decision (FAD) with 

EEOC Hearing; (3) FAD 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 FAD with EEOC hearing. There was an upward trend in the 

average number of days in the FAD 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) 

FAD Post-EEOC 

Decision 

FAD without 

EEOC Hearing 

Procedural 

Dismissals 

(pending prior 

to dismissal) 

2021 158 18 54 53 

2022 156 20 59 68 

11 
 

 

 

 

 

 

 

Graph 4 

The Number of Days for Completion of Each EEO Stage 

180 

160 

140 

120 

100 

80 

60 

40 

20 

0 

2022 

Final Agency Action with EEOC Hearing 

(2) Pending Complaints at Various Stages 

Table 5 below illustrates the number of pending EEO complaints in FYs 2021 and 2022 at each 

stage of the EEO process. 

At the conclusion of each fiscal year, the number of pending investigations and the number of 

EEOC hearings decreased. However, the number of USDA final agency decisions, and the 

number of appeals pending at the EEOC increased from the number filed in FY 2021. 

Table 5 

Pending EEO Formal Complaints by Stage 

Days 

158 156 

68 

54 53 59 

18 20 

2021 

Investigation 

Final Agency Action without EEOC Hearing Dismissals 

Fiscal 

Year Investigation Hearing Final Agency

Decision Appeal 

2021 17 303 16 298 

2022 15 179 29 380 

12 
 

 

 

 

303 298 

179 

29 17 16 14 

Graph 5 shows a downward trend in pending complaints in the Investigation and Hearing stages. 

In addition, Graph 5 shows an upward trend in Final Agency Decision and Appeal stages for FYs 

2021 and 2022. 

Graph 5 

Pending EEO Formal Complaints by Stage 

400 380 

350 

300 

250 

200 

150 

100 

50 

0 

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

Table 6 and Graph 6 show upward trend in complaints in FY 2022 for formal complaints that 

exceeded the 180-day investigation requirement from FY 2021. 

Table 6 

Formal EEO Complaints Exceeding the 180-Day Requirement for Investigations Number 

2021 2022 

Fiscal Year 

Investigation Hearing Final Agency Action Appeal 

Fiscal Year Number 

2021 143 

2022 15 

3 Variance of FY 2021 EEO Complaints from total reported previously is due to data reconciliation. 

13 
 

Graph 6 

Formal EEO Complaints Exceeding the 180-Day Requirement for Investigations 

16 

13 

14 

15 

Number 

2021 2022 

Fiscal Year 

Pending Complaints Exceeding the 180-day Investigation Requirement 

14 
 

 

 

 

 

Section E—Final Agency Decisions with a Finding of Discrimination 

Introduction 

Final Agency Decisions (FAD) involving a finding of discrimination may be issued on the record 

or following an EEOC Administrative Hearing. The FAD’s 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 FAD’s 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 2021 to FY 2022, the number of findings of 

discrimination issued with an EEOC Administrative Hearing increased by seven, and the number 

of findings without an EEOC Administrative Hearing increased by two during FY 2022. 

Table 7 

Final Agency Decisions with a Finding of Discrimination 

Fiscal Year With an EEOC 

Administrative Hearing 

Without an EEOC 

Administrative Hearing 

2021 1 0 

2022 8 2 

Graph 7 

Final Agency Decisions with a Finding of Discrimination 

Number 

9 

8 

7 

6 

5 

4 

3 

2 

1 

0 

2021 2022 

8 

2 

1 

0 

Fiscal Year 

With an EEOC Administrative Hearing Without an EEOC Administrative Hearing 

15 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 2022 the following factors 

impacting the filing of formal EEO complaints. 

• The Agricultural Research Service (ARS) reported a 7 percent increase in the number of 

complaints filed in FY 2022. Specifically, 16 complaints were filed in FY 2022, 

compared to 15 in FY 2021. 

• The Agricultural Marketing Service (AMS) reported a 44 percent decrease in the number 

of complaints filed in FY 2022. Specifically, 10 complaints were filed in FY 2022, 

compared to 18 in FY 2021. AMS attributes the decrease in the number of complaints to 

the continued emphasis on 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 a 25 percent decrease 

in the number of complaints filed in FY 2022. Specifically, 29 complaints were filed in 

FY 2022, compared to 39 in FY 2021. APHIS attributes the decrease to the new, postCoronavirus global outbreak work environment reducing space sharing, anxieties and less 

conflict for remote- and telework-eligible positions. APHIS continues to actively engage 

employees, managers, and supervisors in addressing workplace conflicts at the earliest 

stages. 

• The Conflict Complaints Division (CCD), which processes conflict cases4, reported no 

change in the number of complaints filed in FY 2022. Specifically, 39 complaints were 

filed in FYs 2022 and 2021. CCD attributes this in part to the Coronavirus global 

outbreak and the number of religious accommodation complaints as a result of the 

Department’s vaccination policy. 

• Economic Research Services (ERS) reported a 100 percent decrease in the number of 

complaints filed in FY 2022. Specifically, no complaint was filed in FY 2022, compared 

to one in 2021. ERS attributes the decrease in complaints to the timely CR and EEO 

training sessions utilized to resolve workplace disputes. 

4 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. 

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• The Foreign Agricultural Service (FAS) reported a 55 percent decrease in the number of 

complaints filed in FY 2022. Specifically, four complaints were filed in FY 2022, 

compared to nine in FY 2021. 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 Farm Production and Conservation (FPAC) – Business Center (BC) reported a 75 

percent decrease in the number of complaints filed in FY 2022. Specifically, one 

complaint was filed in FY 2022, compared to four in FY 2021. The BC attributes the 

decrease in the number of complaints to FPAC’s continued emphasis on early 

intervention practices and FPAC Civil Rights and EEO Division’s (CREEOD) focus on 

customer service. 

• The FPAC – Farm Service Agency (FSA) reported a 35 percent decrease in the number 

of formal complaints in FY 2022. Specifically, 13 complaints were filed in FY 2022, 

compared to 29 in FY 2021. FSA attributes the decrease in the number of complaints to 

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

information among FSA personnel fostering a better understanding regarding the EEO 

process. 

• The FPAC – Natural Resources Conservation Service (NRCS) reported a 33 percent 

decrease in the number of complaints filed in FY 2022. Specifically, 14 complaints were 

filed in FY 2022, compared to 21 in FY 2021. NRCS attributes the decrease in the 

complaint numbers to FPAC’s continued emphasis on early intervention practices and 

FPAC CREEOD’s focus on customer service. 

• The FPAC – Risk Management Agency (RMA) reported a 100 percent increase in the 

number of complaints filed in FY 2022. Specifically, two complaints were filed in FY 

2022, compared to one in 2021. RMA attributes the increase to an increased number of 

complaint-filings based on race as a result of cultural insensitivity between managers and 

employees. 

• The Forest Service (FS) reported a decrease of 12 percent in the number of complaints 

filed in FY 2022. Specifically, 59 complaints were filed in FY 2022, compared to 71 in 

FY 2021. FS attributes the decrease in the number of complaints to the success of the 

many programs and trainings implemented to eradicate discriminatory practices and 

patterns in the workplace. In FY 2022, 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 21 percent decrease in the 

number of formal complaints filed in FY 2022. Specifically, 41 complaints filed in FY 

2022, compared to 55 filed in FY 2021. FSIS attributes the decrease in the complaints to 

the actions and activities undertaken during FY 2022, i.e., CR/EEO training, issuance of 

CR/EEO policies, monthly town hall meetings hosted by leadership, and conducting 

accountability assessments to identify actions of responsible officials engaging in 

17 
 

 

 

 

 

 

discriminatory practices. 

• The National Agricultural Statistics Service (NASS) reported a decrease of three 

complaints filed in FY 2022. Specifically, one complaint was filed in FY 2022, 

compared to four in FY 2021. NASS attributes the decrease to continuous engagement 

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 

FYs 2021 and 2022. NIFA attributes the static number of complaints to an 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 41 percent decrease in the 

number of complaints filed in FY 2022. Specifically, 10 complaints were filed in FY 

2022, compared to 17 in FY 2021. OCFO attributes the decrease to efficient and expert 

EEO counseling at the informal stage of the EEO process; counselors ensuring that all 

employees fully understand what actions are covered under EEOC’s jurisdiction and 

other avenues available to address concerns at the lowest possible levels; and the 

majority of employees working off-site and allowed to telework during the COVID-19 

pandemic. 

(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: 

• facilitating transparent and ongoing communication between top management and the 

workforce helps improve employee morale and confidence in Agency policy and 

workplace initiatives; 

• promoting the ADR program in addressing conflicts as quickly as possible at the lowest 

level, by providing training and offering the employees ADR to settle workplace disputes 

before they become EEO complaints; 

• collaborating with Human Resources, mission areas, and staff offices to ensure 

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

employees; 

• recognizing that COVID-related practices had both positive (decrease in overall 

complaints due to allowing telework participation) and negative (increase in disability 

and religious accommodation complaints based on vaccination policy) effects on number 

and type of complaints; 

• ensuring that the workforce, particularly management, receives training on applicable 

topics, such as equal opportunity, including CR laws and Departmental regulations, 

policies, manuals, and procedures; and also engaging the workforce and resolving 

18 
 

 

 

 

 

 

 

 

conflicts by offering employees online CRD supplemental training and virtual Lunchand-Learn sessions, since the sessions continue to provide opportunities for the Agency 

to learn employees’ interests and concerns regarding EEO issues and barriers to diversity 

and inclusion. 

(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: 

• sponsoring supplemental training sessions for managers and employees on such topics as 

EEO and Civil Rights laws, Using ADR Techniques, Understanding Harassment, 

Unconscious Bias, Reasonable Accommodation (RA), and Hostile Work Environment 

claims, as an ongoing support for meaningful change; 

• communicating with employees during return-to-work, reorganizations, and structural 

changes to help reduce inherent anxiety in such situations; 

• reviewing existing compliance review assessment tools to determine whether new 

evaluation measures were required to assess the EEO programs more effectively, and 

maximize the results of quarterly EEO compliance reviews to identify trends and 

potential civil rights violations; 

• working 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. 

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

take the following actions: 

• continue its training efforts to improve awareness of prohibited discriminatory practices 

outlined in Departmental Regulation 4120-001, “Annual Department Civil Rights Training”; 

• continue to provide refresher training to resolving officials to accomplish the goal of 

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

stages; 

• continue to conduct employment compliance reviews to identify workplace issues or 

trends that may need to be addressed; 

• ensure all new employees receive No FEAR Act training as part of the initial onboarding 

process and a bi-annual refresher through AgLearn; 

• continue to develop, conduct, monitor, and evaluate civil rights programs, events, 

documentation, and trainings to ensure all employees and managers are knowledgeable of 

civil rights, EEO, and Anti-Harassment regulations, processes, policies, practices, 

procedures, and requirements; 

19 
 

 

• host a Virtual Diversity Conference in FY 2023 with topics on inclusive mindsets, gender 

bias, hidden disabilities, and conflict resolution; 

• hold recurring interactive all-employee Town Hall meetings where employee 

feedback is actively solicited and new policy initiatives on recruitment, retention, 

benefits, and work-life balance will be implemented and communicated to the 

workforce; 

• provide multi-regional programs to connect colleagues by sharing and celebrating 

cultural experiences and to provide visibility around, encourage discussion about, and 

ultimately make positive progress for the critical issues of diversity, equity, inclusion, 

accessibility, and belonging, in order to better encourage respect of people and their 

culture by opening minds and welcoming colleagues’ perspectives and ideas; 

• continue to develop and implement improvements in all areas of the EEO arena – 

focusing on recruitment, hiring, retention, development, and advancement for all 

employees; and 

• continue to hold Agency leadership, managers, hiring officials, Human Resource 

professionals, and EEO officials accountable for the effective implementation and 

management of EEO programs by ensuring managers and supervisors are mindful when 

it comes to decision-making, providing more robust EEO training on harassment, 

retaliation, and disability awareness, and continuing to make CR and EEO compliance a 

critical element of supervisory evaluations. 

20 
 

 

PART II: 

USDA Reimbursement to 

Judgment Fund for 

Fiscal Year 2022 

21 
 

 

 

 

 

USDA Reimbursement to Judgment Fund for FY 2022 

Introduction 

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

Treasury’s Judgment Fund for monies associated with FY 2022 judgments, awards, or 

settlements under the statutes addressed in the No FEAR Act. 

Table 8 

USDA Reimbursement to Judgment Fund for FY 2022 Settlements 

USDA Reimbursement to Judgment Fund for FY 2022 Settlements 

Case Total Amount Attorney’s Fees 

1 $650,000.00 -

2 $400,000.00 -

3 $225,000.00 -

4 $200,000.00 $115,000.00 

5 $52,500.00 -

6 $50,000.00 $5,000.00 

7 $40,000.00 -

8 $37,000.00 -

9 $10,000.00 -

Total $1,664,500.00 $120,000.00 

Summary 

In FY 2022, USDA reimbursed $1,664,500.00 to the Judgment Fund, of which $120,000.00 was 

identified as payment of attorney’s fees. This total is up from $95,000.00 reimbursed to the 

Judgement Fund, in FY 2021, of which $0 were for attorney’s fees. 

22 
 

 

PART III: 

USDA Disciplinary Actions and Reports 

for Fiscal Years 2021 – 2022 

23 
 

 

 

 

 

 

 

 

USDA Disciplinary Actions and Reports for 

Fiscal Years 2021–2022 

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 2021 FY 2022 

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 0 0 0 0 0 0 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 0 0 0 1 0 0 0 0 0 0 

TOTAL 

DISCIPLINE 1 0 0 0 0 1 0 0 0 0 0 0 

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 2021 FY 2022 FY 2022 

TOTAL 

OSC Whistleblower Case 15 39 39 

OSC Whistleblower Case Closed 0 0 0 

*Data Source: Office of Inspector General - The influx in FY 2022 whistleblower complaint 

referrals is attributed to the training and education efforts of the USDA Whistleblower Protection 

Coordinator on whistleblower retaliation and associated protections. 

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

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

24 
 

PART IV: 

USDA Federal Court Litigation Statistics 

for FY 2022 

25 
 

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

resolved in FY 2022 and arising under the anti-discrimination and whistleblower protection laws. 

Table 11 

Federal Cases Pending in FY 2022 

Pending District Court Cases 33 

Pending Appellate Court Cases 1 

New Cases Filed in District Court 21 

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) 

Equal 

Pay 

29 U.S.C. 

§631/633a 

Age 

29 U.S.C. 

§2000ff-1 

Genetic 

Info 

29 U.S.C. 

§791 

Disability 

42 U.S.C. 

§2000e-16 

Title V11 

Disposed of in FY 2022 1 6 4 13 22 

Pending at End of FY 2022 0 3 2 17 28 

Table 13 

Disposition of Cases 

(Including Dismissals) 

29 

U.S.C. 

§206(d) 

Equal 

Pay 

29 U.S.C. 

§631/633a 

Age 

29 U.S.C. 

§2000ff-1 

Genetic 

Info 

29 U.S.C. 

§791 

Disability 

42 U.S.C. 

§2000e-16 

Title V11 

Settlements 1 4 1 4 8 

Withdrawals 0 0 0 0 2 

Final Judgment for 

Plaintiff 

0 0 0 0 0 

Final Judgment for 

Agency 

0 2 3 9 12 

Total Cases disposed of 

in FY 2022 

0 0 0 0 26 

26 
Appendix A

Equal Employment Opportunity Data 

Posted Pursuant to the No FEAR Act 

A-1 
 

 

 

 

Equal Employment Opportunity Data Posted 

Pursuant to the No FEAR Act 

FY 2021 for period ending September 30, 2022 

Complaint Activity 

2018 2019 2020 2021 2022 

Number of Complaints Filed 522 436 394 342 264 

Number of Complainants 497 414 381 323 256 

Repeat Filers 21 18 11 17 8 

Complaints by Basis6 

Note: Complaints can be filed alleging multiple 

bases.The sum of the bases may not equal total 

complaints filed. 

2018 2019 2020 2021 2022 

Race 216 195 170 142 86 

Color 85 95 59 52 35 

Religion 28 35 18 16 35 

Reprisal 315 258 224 162 122 

Sex 229 171 168 111 79 

PDA 2 2 3 3 1 

National Origin 68 58 46 41 20 

Equal Pay Act 13 7 6 6 4 

6 Cases With Multiple Bases Alleged 

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

approximately 74.6percent 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 61 percent of those cases also included a claim of reprisal/retaliation. 

A-2 
 

 

Age 155 157 144 96 69 

Disability 195 170 141 103 122 

Genetics 0 3 3 2 5 

Non-EEO 40 37 38 29 21 

Complaints by Issue 

Note: Complaints can be filed alleging multiple 

bases.The sum of the bases may not equal total 

complaints filed. 

201 

8 2019 2020 2021 2022 

Appointment/Hire 24 17 31 26 11 

Assignment of Duties 82 72 58 34 11 

Awards 14 8 7 7 4 

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

Demotion 

Reprimand 

Suspension 

Removal 

Other 

3 

43 

37 

21 

3 

1 

41 

34 

32 

3 

4 

24 

27 

29 

5 

0 

14 

19 

7 

0 

1 

0 

15 

9 

23 

Duty Hours 8 15 12 5 0 

Performance Evaluation/Appraisal 98 91 76 44 26 

Examination/Test 1 1 1 2 0 

Non-Sexual 

Sexual 

351 

24 

239 

6 

199 

15 

146 

5 

122 

11 

Medical Examination 0 3 0 0 1 

Pay, including Overtime 11 13 20 4 4 

Promotion/Non-Selection 71 100 82 68 48 

A-3 
Reassignment 

Denied 21 17 8 11 4 

Directed 26 39 16 19 3 

Reasonable Accommodation Disability 94 75 56 35 32 

Reinstatement 0 3 4 1 0 

Religious Accommodation 1 1 2 1 52 

Retirement 4 11 5 3 0 

Sex-Stereotyping 1 0 0 0 0 

Telework 31 20 14 2 4 

Termination 35 27 24 28 24 

Terms/Conditions of Employment 135 137 58 56 0 

Time and Attendance 77 69 42 27 13 

Training 45 30 17 19 9 

Other Terms/Condition of Employment 0 0 0 0 94 

User Defined - Other 1 0 1 2 4 0 

User Defined - Other 2 0 0 0 1 0 

User Defined - Other 3 0 0 0 0 0 

User Defined - Other 4 0 0 0 0 0 

Processing Time 

2018 2019 2020 2021 2022 

Average Number of Days in 

Investigation 173.22 199.4 9 207.27 157.95 156.07 

Average Number of Days in Final 

Action 36.78 40.62 32.40 35.83 34.18 

Average Number of Days in 

Investigation 172.58 208.3 2 216.45 166.19 170.42 

 

 

 

A-4 
Average Number of Days in Final 

Action 21.90 29.15 25.95 18.22 19.54 

Average Number of Days in 

Investigation 173.78 189.0 3 190.26 149.99 144.37 

Average Number of Days in Final 

Action 50.90 55.94 40.90 53.54 58.59 

Complaints Dismissed by Agency 

2018 2019 2020 2021 2022 

Total Complaints Dismissed by 

Agency 84 51 46 22 37 

Average Days Pending Prior to 

Dismissal 20 66 40 53 68 

Total Complaints Withdrawn by 

Complainants 28 37 46 18 19 

Total Final Agency Decisions 

Finding Discrimination 2018 2019 2020 2021 2022 

# % # % # % # % # % 

Total Number Findings 1 3 1 

0 1 10 

Without Hearing 0 0 1 33 3 30 0 0 2 20 

With Hearing 1 10 

0 2 67 7 70 1 100 8 80 

 

 

 

 

 

 

 

 

A-5 
 

 

 

 

Note: Complaints can be filed 

alleging multiple bases. The sum 

of the bases may not equal total 

complaints and findings. 

2018 2019 2020 2021 2022 

# % # % # % # % # % 

Total Number Findings 1 3 1 

0 1 10 

Race 0 0 1 33 2 20 0 0 2 20 

Color 0 0 1 33 1 10 0 0 2 20 

Religion 0 0 0 0 0 0 0 0 0 0 

Reprisal 1 10 

0 2 67 6 60 1 100 8 80 

Sex 1 10 

0 1 33 5 50 0 0 4 40 

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 0 0 0 0 0 0 0 0 2 20 

Disability 0 0 2 67 2 20 1 100 4 40 

Genetics 0 0 0 0 0 0 0 0 0 0 

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

Findings After Hearing 1 2 7 1 8 

Race 0 0 0 0 2 29 0 0 2 25 

Color 0 0 0 0 1 14 0 0 1 13 

Religion 0 0 0 50 0 0 0 0 0 0 

Reprisal 1 10 

0 1 0 6 71 1 100 6 75 

A-6 
Sex 1 10 

0 0 0 5 71 0 0 2 25 

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 0 0 0 50 0 0 0 0 2 25 

Disability 0 0 1 0 0 0 1 100 3 38 

Genetics 0 0 0 0 0 0 0 0 0 0 

Non-EEO 0 0 0 0 1 14 0 0 0 0 

Findings Without Hearing 0 1 3 0 2 

Race 0 0 1 100 0 0 0 0 0 0 

Color 0 0 1 100 0 0 0 0 1 50 

Religion 0 0 0 0 0 0 0 0 0 0 

Reprisal 0 0 1 100 1 33 0 0 2 100 

Sex 0 0 1 100 0 0 0 0 2 100 

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 0 0 0 0 0 0 0 0 0 0 

Disability 0 0 1 100 2 67 0 0 1 50 

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 # % 

A-7 
 

 

 

 

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/ 

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 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 

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 

A-8 
 

 

 

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 

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 

A-9 
 

 

 

 

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 

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/ 0 0 0 0 0 0 0 0 0 0 

A-10 
 

Permanent Status 

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 

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 

Disability 0 0 0 0 1 100 0 0 0 0 

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 

A-11 
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 

2018 2019 2020 2021 2022 

Total Complaints from Previous 

Fiscal Years 453 421 369 324 212 

Total Complainants 410 368 321 285 181 

Investigation 17 17 17 18 15 

ROI Issued, Pending 

Complainant's Action 0 1 0 1 0 

Hearing 426 410 333 303 179 

Final Agency Action 24 36 26 16 29 

Appeal with EEOC Office of 

Federal Operations 231 274 352 298 380 

Complaint Investigations 

2018 2019 2020 2021 2022 

Pending Complaints Where 

Investigations Exceed Required 

Time Frames 

21 16 16 14 15 

 

 

 

 

A-12