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U.S. Department of the Interior

Supplemental Resource:

Equal Employment Opportunity (EEO),

Diversity and Inclusion (D&I), 

and the No FEAR Act of 2002

Office of Diversity, Inclusion, and Civil Rights
Office of Diversity, Inclusion, and Civil Rights

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What is the No FEAR Act?

• The Notification and Federal Employee 

Antidiscrimination and Retaliation Act of 2002 

(No FEAR Act) became effective on October 1, 

2003. The primary purpose of the No FEAR 

Act is to improve agency accountability for 

compliance with antidiscrimination and

whistleblower protection laws.

• The Elijah E. Cummings Federal 

Antidiscrimination Act of 2020 amended the No 

FEAR Act, increasing agency accountability by 

adding/revising tracking and reporting 

requirements for compliance with 

antidiscrimination and whistleblower protection 

laws.
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Equity, Diversity and Inclusion

Office of Diversity, Inclusion, and Civil Rights
Office of Diversity, Inclusion, and Civil Rights

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ODICR FY21 

Strategic Priorities

• Implementation of Executive Order 

13985, Advancing Racial Equity and 

Support for Underserved Communities 

Through the Federal Government

• Implementation of Executive Order 

13988, Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation

• Developing allies for equity, diversity 

and inclusion (EDI) throughout the 

Department
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13985

On January 20, 2021, President Biden 

issued an Executive Order on 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government.

https://www.federalregister.gov/documents/2021/01/25/2021-

01753/advancing-racial-equity-and-support-for-underservedcommunities-through-the-federal-government
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13985

“[t]he Federal Government should pursue a 

comprehensive approach to advancing equity for all, 

including people of color and others who have been 

historically underserved, marginalized, and 

adversely affected by persistent poverty and 

inequality.”
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13985

“The head of each agency, or designee, shall, 

in consultation with the Director of OMB, select 

certain of the agency's programs and policies 

for a review that will assess whether 

underserved communities and their members 

face systemic barriers in accessing benefits 

and opportunities available pursuant to those 

policies and programs. The head of each 

agency, or designee, shall conduct such 

review and within 200 days of the date of this 

order provide a report to the Assistant to the 

President for Domestic Policy (APDP) 

reflecting findings . . .”
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13988

On January 20, 2021, President Biden 

issued an Executive Order on 

Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation.

https://www.federalregister.gov/documents/2021/01/25/2021-

01761/preventing-and-combating-discrimination-on-the-basis-ofgender-identity-or-sexual-orientation
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13988

“It is the policy of my Administration to prevent 

and combat discrimination on the basis of 

gender identity or sexual orientation, and to fully 

enforce Title VII and other laws that prohibit 

discrimination on the basis of gender identity or 

sexual orientation. It is also the policy of my 

Administration to address overlapping forms of 

discrimination.”
Office of Diversity, Inclusion, and Civil Rights

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Executive Order 13988

“Within 100 days of the date of this order, the 

head of each agency shall develop, in 

consultation with the Attorney General, as 

appropriate, a plan to carry out actions that 

the agency has identified . . . as appropriate 

and consistent with applicable law.”
Office of Diversity, Inclusion, and Civil Rights

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DOI EEO and D&I 

Strategic Plans

• ODICR is developing Strategic Plans 

for implementation Department-wide 

in FY21.

• Both strategic plans outline the 

Department’s efforts to advance 

equity, diversity, and inclusion (EDI).
Office of Diversity, Inclusion, and Civil Rights

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Building Allies

An ally is someone who is not a member of an 

underrepresented group but who takes action 

to support that group. Members of a particular 

underrepresented group can (and should) be 

allies to members of other underrepresented 

groups.

TED Talk: 3 ways to be a better ally in the workplace, Melinda Epler, Oct. 25, 2018, 

https://doimspp.sharepoint.com/sites/ODICR/SitePages/Be-An-Ally.aspx
Office of Diversity, Inclusion, and Civil Rights

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How to be an Ally

• Amplify: support good ideas from 

members of underrepresented groups, and 

elevate their perspectives

• Listen: be available and have empathy for 

the experiences of others

• Inform Yourself: research a variety of 

primary sources by members of 

underrepresented groups 

ODICR SharePoint, “Be an Ally”

https://doimspp.sharepoint.com/sites/ODICR/SitePages/Be-An-Ally.aspx
Office of Diversity, Inclusion, and Civil Rights

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How to be an Ally

• Sponsor: recommend members of 

underrepresented groups for opportunities

• Advocate: support inclusive policies and 

practices in your organization

• Be an Upstander: speak up if you witness 

offensive or unwelcoming behavior or 

speech, and check in with people who may 

be directly affected 

ODICR SharePoint, “Be an Ally”

https://doimspp.sharepoint.com/sites/ODICR/SitePages/Be-An-Ally.aspx
Office of Diversity, Inclusion, and Civil Rights

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Nominating EDI Champions

Equity, Diversity and Inclusion (EDI) Champions 

exhibit excellence in promoting, supporting or 

advocating for equity, diversity and inclusion in the 

workplace. An EDI Champion:

1. Influences Others

2. Is a Role Model

3. Continually Learns

4. Cultivates Diverse Teams

5. Innovates and is Proactive

6. Holds Themselves and Others Accountable

7. Exhibits External Leadership Involvement

ODICR SharePoint, “EDI Champions”

https://doimspp.sharepoint.com/sites/ODICR/SitePages/EDI-Champions.aspx
Office of Diversity, Inclusion, and Civil Rights

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Take the EDI Pledge

You have the power to demonstrate commitment to 

equity, diversity and inclusion 365 days a year.

1. TAKE THE PLEDGE 

2. Empower your team to call a flag on others (even those 

above them in the supervisory chain) who violate the spirit 

of the pledge in a respectful and dignified way. 

3. If you are a manager or supervisor, set up a consult with 

the ODICR Leadership Team, to discuss : 

– Management tools for effectively managing in a diverse 

workforce 

– Employment strategies and tailored training solutions to 

foster an EDI work environment

ODICR SharePoint, “Take the Pledge” 

https://doimspp.sharepoint.com/sites/ODICR/SitePages/Take-the-Pledge.aspx
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Employment Discrimination

Office of Diversity, Inclusion, and Civil Rights
Office of Diversity, Inclusion and 

Civil Rights

Employment Discrimination

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Federal laws protect you against employment discrimination when it 

involves:

• Unfair treatment because of your race, color, religion, sex (including 

gender identity, sexual orientation, and pregnancy), national 

origin, age (40 or older), disability or genetic information.

• Harassment by managers, co-workers, or others in your workplace, 

because of your race, color, religion, sex (including gender identity, 

sexual orientation, and pregnancy), national origin, age (40 or older), 

disability or genetic information.

• Denial of a reasonable workplace accommodation that you need 

because of your religious beliefs or disability.

• Retaliation because you complained about job discrimination or 

assisted with a job discrimination investigation or lawsuit.
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Harassment

Office of Diversity, Inclusion, and Civil Rights
Office of Diversity, Inclusion, and Civil Rights

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Unlawful Harassment

Harassment is a form of employment 

discrimination defined as:

1. Unwelcome conduct that is 

2. Based on a protected class, such as race, 

color, religion, sex, gender identity, sexual 

orientation, national origin, age, disability, 

or genetic information, and which

3. Results in a tangible employment action, 

or is severe or pervasive enough to 

create a work environment that a 

reasonable person would consider 

intimidating, hostile, or abusive. 
Office of Diversity, Inclusion, and Civil Rights

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Sexual Harassment

Harassment can be nonsexual (and based 

on any protected class) or sexual. 

• Sex-based harassment can include 

disparaging remarks about someone’s sex, 

gender identity, sexual orientation, or 

transgender status.

• Sexual harassment can include 

unwelcome sexual advances, requests for 

sexual favors, and other verbal or physical 

harassment of a sexual nature.
Office of Diversity, Inclusion, and Civil Rights

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Unlawful Harassment

• Two types of harassment:

1. Tangible Employment Action

2. Hostile Work Environment
Office of Diversity, Inclusion, and Civil Rights

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Tangible Employment Action

• Tangible employment action: a significant 

change in employment status enacted by a 

supervisor, such as:

– hiring and firing;

– promotion and failure to promote;

– demotion;

– undesirable reassignment;

– a decision causing a significant change in benefits;

– compensation decisions; and/or

– work assignments

• Agency is automatically liable for harassment 

that results in a tangible employment action
Office of Diversity, Inclusion, and Civil Rights

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Hostile Work Environment

• Conduct must be sufficiently severe or pervasive 

that a reasonable person would perceive the 

working environment as hostile, intimidating, or 

abusive

• Includes conduct in and out of the workplace 

• Protections extend to conduct by supervisors, 

supervisors outside the chain of command, 

agency contractors, co-workers, or nonemployees
Office of Diversity, Inclusion, and Civil Rights

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Unwelcome Conduct

• Unwelcome conduct can be physical, 

verbal, or visual. Examples include, but 

are not limited to:

– unnecessary touching or brushing up 

against an individual;

– offensive jokes;

– slurs/epithets;

– insults;

– threats;

– ridicule;

– name calling; and

– offensive objects or pictures.
Office of Diversity, Inclusion, and Civil Rights

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Severe or Pervasive

• Sliding scale

• Some conduct is so severe that even 

one instance is enough to create a 

hostile work environment

– Physical assault

– Egregious slurs 

• If conduct is not severe, it must be 

pervasive (i.e. occur very frequently) 

to create a hostile work environment
Office of Diversity, Inclusion, and Civil Rights

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DOI Personnel Bulletin 18-01

Policy: PB 18-01 is the Department’s Policy on Prevention and Elimination of 

Harassing Conduct

Purpose: The policy’s purpose is to provide a work environment free from 

harassment by:

– ensuring that appropriate officials are notified of and have the 

opportunity to promptly correct harassing conduct; 

– clearly communicating that the Department will not tolerate 

harassing behavior; and

– requiring that management address harassing conduct and hold 

employees accountable at the earliest possible stage, before the 

conduct rises to the level of unlawful harassment within the 

meaning of anti-discrimination law by becoming severe or 

pervasive or resulting in a tangible employment action. 

https://www.doi.gov/employees/anti-harassment

https://www.doi.gov/sites/doi.gov/files/elips/documents/prevention_and_elimination_of_har

assing_conduct_1.pdf
Office of Diversity, Inclusion, and Civil Rights

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EEO and PB 18-01

Both processes can run simultaneously but 

serve different purposes

EEO process is intended to provide 

complainants with remedies

PB 18-01 process is intended to stop further 

harassing conduct immediately

Reporting under PB 18-01 does not 

automatically begin the EEO process; you still 

must contact an EEO counselor within 45 days
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Retaliation

Office of Diversity, Inclusion, and Civil Rights
Office of Diversity, Inclusion, and Civil Rights

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Retaliation

• Federal EEO laws prohibit retaliation 

against job applicants or employees 

for asserting their right to be free 

from employment discrimination, 

including harassment. 

• Asserting these EEO rights is called 

"protected EEO activity." 
Office of Diversity, Inclusion, and Civil Rights

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Retaliation

• Illegal to fire, demote, harass, or otherwise 

retaliate against applicants or employees 

because they have engaged in protected 

EEO activity.

• But: engaging in protected EEO activity 

doesn’t mean you can’t still be disciplined for 

legitimate conduct or performance issues

• Retaliation is the most common basis for 

EEO complaints across the federal 

government, including at DOI

EEOC Retaliation: https://www.eeoc.gov/retaliation
Office of Diversity, Inclusion, and Civil Rights

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Protected EEO Activity

• Opposition: any behavior opposing 

conduct reasonably believed to be 

discriminatory, including:

– Supporting a coworker who files a 

complaint

– Speaking up in a meeting about 

discriminatory practices

• Participation: participating in the EEO 

process in any way, including as a 

complainant or witness, or by 

requesting a reasonable 

accommodation
Office of Diversity, Inclusion, and Civil Rights

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Chilling Conduct

Per se retaliation: behaviors which are reasonably 

likely to have a chilling effect or deter individuals 

from engaging in protected EEO activity

• Can include conduct that wouldn’t otherwise be 

actionable under EEO laws

– E.g., informal verbal reprimands

• Does not have to be negative or hostile

– “You should have settled your differences instead of 

filing an EEO complaint.” Ashby v. Dep't of the Treasury, 

EEOC Appeal No. 0120090364 (Feb. 27, 2012).

• Can be implied, rather than explicit

– “What goes around comes around.” Vincent v. USPS, 

EEOC Appeal No. 012007297 (Dec. 16, 2010).
Office of Diversity, Inclusion, and Civil Rights

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Reporting

If you believe you have been subjected to discrimination, 

including unlawful harassment or retaliation, you should 

not delay in contacting ODICR or your Bureau EEO Office. 

What: Initiate EEO contact 

When: Within 45 days from the date the 

unlawful harassment occurred 

How: Contact your Bureau EEO Office

To learn more about your rights and responsibilities, visit 

https://doimspp.sharepoint.com/sites/ODICR
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If you have questions or if you would like 

more information, please visit the ODICR 

SharePoint site at:

https://doimspp.sharepoint.com/sites/ODICR

Office of Diversity, Inclusion, and Civil Rights