No FEAR Act Report

FEDERAL MEDIATION AND CONCILIATIONSERVICE

2022

ONE INDEPENDENCE SQUARE

250 E Street, SW 

Washington, D.C. 20462

WWW.FMCS.GOV
Overview of FMCS

The Federal Mediation and Conciliation Service, created in 1947, is an independent agency whose 

mission is to preserve and promote labor-management peace and cooperation. Headquartered in 

Washington, DC, with six Regions comprising of more than 60 Field and Home Offices, the 

agency provides mediation and conflict resolution services to industry, government agencies and 

communities.

Agency Headquarter Offices

Office of the Director. The FMCS Director, appointed by the President with the advice and 

consent of the Senate, has the responsibility for establishing and directing policy and for the overall 

administration and strategic direction of the Service. The Director serves as agency liaison with 

the White House, members of the President’s Cabinet and the Congress, and also provides 

direction for and participation in mediating major disputes. 

Division of Agency Initiatives. The Division of Agency Initiatives (DAI) coordinates the 

resources and efforts of the following service areas: Center for Conflict Resolution Education and 

Training (CCRE), Office of Conflict Management and Prevention (OCMP) and Office of Strategy 

and Development (OSD). The DAI ensures that these three service areas provide expert assistance 

to both our external clients as well as our mediators and regions. To achieve the highest service 

level, DAI helps all three (3) offices collaborate on many projects for optimal delivery and to 

utilize all agency initiatives staff as efficiently as possible. The DAI also works with Agency 

leadership to identify and explore opportunities to expand and grow the FMCS profile as the 

nation’s premier (public agency) provider of conflict resolution services, both in the industrial 

relations arena and beyond. 

Center for Conflict Resolution Education and Training. The Center for Conflict Resolution 

Education and Training supports and drives a continuous learning environment for mediators, 

managers, and the national office staff consistent with the FMCS vision. The Director identifies

and develops training materials and programs that support employees acquiring core competencies 

and high levels of job competency. 

Office of Conflict Management and Prevention.

The Office of Conflict Management and Prevention’s (OCMP) mission is to grow and support 

FMCS capacity for full spectrum conflict management work that primarily falls under the 

Alternative Dispute Resolution (ADR) Act and the Negotiated Rule Making Act. OCMP supports 

FMCS commissioners, managers, leaders, and headquarters personnel, as well as building and 

maintaining external client relationships and inter-agency agreements with other federal agencies. 

OCMP Practice Areas: 

• Conflict assessment, organizational assessment; 

• Facilitation (small, medium large, multi-party and facilitated dialogues);
• Design and deliver training on the following topics (partial list): Negotiation, mediation 

resiliency, conflict coaching, leadership development, emotional intelligence, 

breakthrough conversations, and more;

• Coaching and appreciative inquiry skills;

• Dispute system design;

• Organizational change and development;

• Leadership alignment and development; and 

• Strategic planning

Office of Strategy and Development. The Office of Strategy and Development bridges the gap 

between Headquarters office support services and the needs of mediators by using technology to 

improve service delivery and providing training, outreach, and special projects. The director is 

responsible for identifying and promoting information resources and communication tools that 

allow the Service to fulfill its mission as efficiently and effectively as possible. 

Office of International Affairs. Internationally, the FMCS strives to build local capacity for 

effective industrial relations systems, including labor administration, inspection, collective 

bargaining, mediation, and dispute resolution at the request of the U.S. Department of State, U.S. 

Department of Labor and other entities. Additionally, the FMCS has also been asked to brief or 

train judges, mediators, and arbitrators on dispute resolution techniques, and has provided 

assistance in establishing mediation agencies. FMCS international program development, project 

management, and service delivery are provided by professional staff with significant international 

experience. In addition, the Agency draws on the expertise of a field staff of 165 full-time 

mediators to deliver the Agency’s international services. For more than two decades, FMCS has 

delivered training services in more than 50 nations and addressed a wide variety of instructional 

and development needs. 

Office of Arbitration, Shared Neutrals and Notice Processing Services. Federal labor policy 

promotes the use of voluntary arbitration and collective bargaining to resolve labor-management 

disputes between employers and represented employees. Two important features of constructive 

labor-management relations are voluntary arbitration and fact-finding in disputes and 

disagreements over establishment or modification of contract terms. As an ingredient of collective 

bargaining agreements, the arbitration system is an important tool in labor/management 

cooperation. Today, all collective bargaining agreements, in essence, contain grievance and 

arbitration provisions.

The Arbitration Office provides to requesting parties’ panels of arbitrators experienced in dealing 

with labor matters. The FMCS Office of Arbitration Services’ (OAS) major responsibilities 

include: maintaining a roster of arbitrators qualified to hear and decide labor questions in labor 

management disputes, providing the parties involved in collective bargaining agreements with a 

list of experienced panels of arbitrators, and appointing arbitrators following their selection by the 

involved parties. The labor policy of the United States promotes and encourages the use of 

voluntary arbitration to resolve disputes over the interpretation or application of collective 

bargaining agreements. Voluntary arbitration and fact-finding are important features of 
constructive labor-management relations and virtually all collective bargaining agreements 

contain arbitration provisions. FMCS administers a roster of qualified labor arbitrators. We 

promptly provide arbitrator panels from the roster when parties request and appoint arbitrators 

pursuant to parties’ agreement. The director provides education, advocacy, and outreach to actual 

and prospective FMCS arbitration customers.

The Arbitration Office is also responsible for managing Shared Neutrals (SN). SN is an 

interagency mediation program in the National Capital Region including the Washington, DC area 

and Baltimore, since the 1990’s. Upon request, SN assists participating federal agencies through a 

pool of trained, collateral-duty federal employees who provide mediation services to other than 

their own in exchange for like services to the program from the recipient agency. 

The Notice Processing Unit has the responsibility for entry of all notices and certifications received 

from filing parties, the NLRB and the FLRA. We maintain original documents for a

period of seven fiscal years. Filed documents can be retrieved from our Archives. Notice

Processing also receives, processes and dispenses more than 25,000 notices of contract expirations 

required by law to the eight districts and eight Executive Managers.

A party to a collective bargaining agreement is required by statute to notify FMCS within 30 days 

(60 days if it involves employees of a healthcare institution) of serving notice to the other party of 

intent to terminate or modify the agreement. FMCS’ dedicated Notice Processing staff is 

responsible for ensuring timely and accurate recording of these notices of collective bargaining 

contract termination or modifications (F-7 notice). Online submission of the notice is simple and 

creates a clear record to protect the submitting party. When the employer is a healthcare institution, 

a labor organization is separately required to notify FMCS at least ten days prior to any strike, 

picket, or other concerted refusal to work.

Office of Budget. The Office of Budget develops budget estimates and supporting material for the 

financial needs of the Service, coordinates and assists in presenting the budget to the Office of 

Management and Budget (OMB) and the Congress and ensures that enacted appropriations are 

properly executed. The director is responsible for advising employees about and ensuring 

compliance with appropriations integrity rules, law and procedures.

Office of Finance. The Office of Finance ensures that all funds, both appropriated and earned, are 

properly and completely accounted for and that internal controls minimize opportunities for fraud, 

waste, and abuse and thus provide accountability to OMB, Congress and the American public. The 

director is responsible for providing an integrated system of records and reports to meet 

management’s data needs and ensure compliance with applicable laws, rules, and regulations.

Office of Equal Employment Opportunity. The Office of Equal Employment Opportunity

(EEO) is primarily responsible for enforcing laws and regulations that prohibit discrimination 

based on race, gender, religion, age, color, national origin, disability, sexual orientation, genetic 

information, and reprisal. The Director of EEO retains the authority and agency-wide responsibility for 
efficient and appropriate compliance with the FMCS EEO Program. This includes, but is not limited to, the 

authority to:

• Establish and maintain effective affirmative programs of EEO under Federal antidiscrimination laws.

• Ensure strategic partnership with Senior Agency leadership, General Counsel, and Chief 

Human Capital Officer to meet FMCS requirements relative to the FMCS Model Agency 

Plan and related Agency policies and programs.

• Ensure timely, fair, and impartial consideration, investigation, and disposition of 

complaints of discrimination.

• Exercise EEO or special emphasis advisory committees as needed and recruit 

representatives throughout the FMCS to assist in the recruitment, development, 

advancement, and retention of those belonging to groups who have been historically 

underserved and marginalized.

• Ensure that sufficient personnel and fiscal resources are provided to administer an effective 

EEO Program.

• Develop, implement, and monitor an EEO counseling, complaints, and investigations 

program in accordance with laws, rules, regulations, policies, and procedures that prohibit 

discrimination and ensure that complaints are processed in the prescribed timeframes.

• Implement an affirmative employment program to promote EEO for people with 

disabilities.

• Submit all required annual plans and accomplishment reports on behalf of the Agency as 

appropriate, including, but not limited to, the MD-715.

• Serve as the Agency contact for any and all contracts and agreements with external entities 

or federal agencies pertaining to processing FMCS’s EEO complaints.

Office of the General Counsel. The Office of General Counsel provides legal support and advice 

necessary for the Service to carry out its mission. The General Counsel represents the agency in 

proceedings before the Merit System Protection Board (MSPB), Equal Employment Opportunity 

Commission (EEOC), Special Counsel, Federal Labor Relations Authority (FLRA), and other 

administrative bodies, and, in cooperation with the Department of Justice (DOJ), represents the 

Service in all matters arising in the Federal courts.

Office of Human Resources. The Office of Human Resources provides job applicants, 

employees, and agency managers with services and programs that support the Service’s mission 

and ensures compliance with applicable laws and regulations. The director oversees hiring 

qualified employees, classifying position, implementing and monitoring performance appraisal 

systems, and coordinating employee relations programs. 

Office of Information Technology. The Office of Information Technology develops and 

implements the Service’s technology plan; maintains computer application and system; and 

provides technology support to all aspects of the Agency’s operations. The director provides 

strategic advice and direction with respect to technology issues and trends and ensures continuity 

of agency information services operations under a variety of likely scenarios.
Office of Procurement and Operational Support. The Office of Procurement and Operational 

Support procures and manages goods and services necessary for orderly and efficient agency 

operations. The director is responsible for the development of procurement strategic planning 

activities, including long-term enterprise-wide acquisitions. This office also manages agency-wide 

administrative and support services: facilities and space management, printing and graphics, 

audiovisual services, inventory, mail services; motor vehicle fleet, physical security, leasing, 

property and records management, Controlled Unclassified Information (CUI), and the agency’s 

purchase card program. Other programs this office administers is the Labor-Management 

Cooperative Grants program.

Office of Congressional and Public Affairs. The Office of Congressional and Public Affairs, 

using a variety of communications platforms, provides internal and external information about the 

activities of the Service and acts as the public information voice for the agency in significant 

dispute cases, handling questions and information requests from the news media and issuing 

official statements from the Director. The director of public affairs also coordinates the agency’s 

communication with business and union customers, with members of Congress, and provides 

public information and communication skills training for field mediators.
No FEAR Act Reporting

The No FEAR Act, Public Law 107-175, requires federal agencies to be publicly accountable for 

violations of Antidiscrimination and Whistleblower Protection laws. Federal agencies must post 

both quarterly and annual statistical data for federal sector EEO complaints on its public website, 

reimburse the Treasury Judgment Fund (Judgment Fund) for any payments made, and notify 

employees and applicants for employment about their rights under Antidiscrimination and 

Whistleblower Protection laws. The No FEAR Act and its implementing regulations also require 

federal agencies to report annually on the following:

• The number of Federal Court cases arising under the respective areas of law cited in the No 

FEAR Act where discrimination was alleged, the status or disposition of cases, and the amount 

required to be reimbursed to the Judgment Fund;

• The number of employees disciplined for discrimination, retaliation, harassment, or any other 

infraction of any provision of law referred to under the Act, and specific nature of the 

disciplinary action taken, separated by provisions of law;

• The final year-end data on discrimination complaints for the fiscal year;

• A detailed description of agency policy relating to appropriate disciplinary actions;

• An analysis of trends, causation, and practical knowledge gained through experience;

• Actions planned or taken to improve complaint or civil rights programs; and 

• Any adjustments to the budget.

Pursuant to congressional and statutory requirements, this report is being provided to the 

following:

• Speaker of the U.S. House of Representatives

• Present Pro Tempore of the U.S. Senate

• Committee on Governmental Affairs of the U.S. Senate

• Committee on Government Reform of the U.S. House of Representatives

• Each Committee of Congress with jurisdiction relating to the agency

• Chair, Equal Employment Opportunity Commission

• Department of Justice Attorney General 

• Director, U.S. Office of Personal Management
Executive Summary

The No FEAR Act aims to reduce the incidents of workplace discrimination within the federal 

government by holding agencies and departments accountable for their actions. Section 203 of the 

No FEAR Act and the Office of Personnel Management (OPM) regulations implementing Title II 

of the No FEAR Act require each federal agency to prepare and submit an annual report. This 

report covers data for FY2022.

This report is prepared in accordance with Section 203 (a)(1) of the No FEAR Act which requires 

federal agencies to include in their annual report to Congress the number of cases arising under 

each of the respective provisions of law covered by paragraphs (1) and (2) of Section 201 (a) in 

which discrimination on the part of such agency was alleged. Section 724.302 of OPM’s 

implementing regulations clarifies Section 203(a)(1) of the No FEAR Act, stating that Federal 

agencies must report on the “number of cases in Federal court pending or resolved...arising under 

each of the respective provisions of the Federal Antidiscrimination Laws and Whistleblower 

Protection Laws applicable to them...in which an employee, former Federal employee, or 

applicant alleged a violation(s) of these laws, separating data by the provision(s) of law involved.” 

The laws covered in the No FEAR Act include:

• Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16(race, color, 

religion, sex, and national origin) (Title VII);

• The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 633a (age) 

(ADEA);

• The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (gender-based wage differentials);

• Section 501 of the Rehabilitation Act of 1973, amended, 29 U.S.C. § 791

(disability) (Rehabilitation Act)

• The Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff-1(genetic 

information) (GINA); and

• The Civil Service Reform Act of 1978, 5 U.S.C. § 2302(b) (race, color, religion, sex, 

national origin, age, disability, marital status, political affiliation, and whistleblowing).

Data

A. Civil Cases

During FY2022, the FMCS was a party to one Federal district court case. This case alleged 

a violation of the Title VII, Rehabilitation and Age Discrimination in Employment Act. 

This case was dismissed on December 2, 2022.

B. Judgement Fund Reimbursement and Budget Adjustments
Section 724.103 of OPM’s implementing regulations requires Federal agencies to 

reimburse the Judgement Fund for payments covered by the No FEAR Act. 

During FY2022, no expenditures from the Judgement Fund were made on behalf of the 

FMCS. Therefore, the FMCS did not adjust its budget, as the FMCS did not have to 

reimburse the Judgement Fund.

C. Disciplinary Policy and Actions

Section 203(a)(6) of the No FEAR Act requires that an agency include in its annual report 

a detailed description of the policy implemented by that agency related to disciplinary 

actions imposed against a Federal employee who discriminated against any individual in 

violation of any of the laws citied under Section 201(a) or (2).

The Director of FMCS issued a policy statement in April 2022, that reinforced the FMCS’s 

commitment to maintaining a work environment free from discrimination, harassment and 

retaliation and encouraging an inclusive workforce. To support this commitment, the 

FMCS offered several trainings throughout the fiscal year including EEO Refresher 

Training for Supervisors in April and May 2022. The FMCS reissued the following policies

to reaffirm the agency’s commitment to a workplace free from discrimination, harassment 

and retaliation. 

Alternative Dispute Resolution Policy. This policy explains FMCS’s commitment to the 

use of ADR, and other collaborative processes, as a management tool to prevent or 

minimize disputes, or to resolve disputes at the earlies stage possible in an expeditious, 

cost effective and mutually acceptable manner. The policy is currently under review for 

updates. Appendix A. 

Elimination and Prevent of Harassment Directive. This directive explains FMCS’s zero

tolerance for harassment in the workplace, establishes an effective complain reporting 

process and sets forth responsibilities and procedures for addressing allegations of 

harassment. Appendix B. 

Equal Employment Opportunity Directive. This policy explains FMCS’s commitment to 

provide equal employment opportunity for all employees and applicants for employment 

regardless of race, color, national origin, sex (including pregnancy, sexual harassment, sex 

stereotyping, sexual orientation, gender identity, and caregiving responsibilities), religion, 

age, disability, genetic information (including family medical history) or status as a parent.

Moreover, it reiterates that FMCS prohibits discrimination on these bases in the workplace 

and the agency’s employment practices. Appendix C.

Section 203(a)(4) of the No FEAR Act also requires that agencies include the number of 

employees disciplined for discrimination, retaliation, harassment, or any other infraction 

of any provision of law covered by the No FEAR Act. 
In FY 2021, the FMCS did not discipline any employees for discrimination, retaliation, 

harassment, or any other infraction covered by the No FEAR Act. 

D. No FEAR Act Training

Section 202(C) of the No FEAR Act requires agencies to provide training for their 

employees on the rights and remedies under Federal antidiscrimination, retaliation, and 

whistleblower protection laws. 

In FY2021, the FMCS web-based training was updated. FMCS employees also had 

additional No FEAR Act training during Agency-wide meetings. At the end of FY2021, 

186 out of 208 FMCS employees completed the No FEAR Act web-based training Course.

New employees completed No FEAR Training. In order to ensure timely completion of 

biennial No FEAR Act Training, FMCS has established appropriate mechanisms for 

accurate tracking of No FEAR Act trainings by employees.

E. Final Year-End Data Posted Under Section 301(c)(1)(B)

Section 203(a)(5) of the No FEAR Act requires Federal agencies to include its final yearend data posted under section 301(c)(1)(B) for such fiscal year. The FMCS includes the 

final year-end data required under aforementioned section in FY2022 No FEAR Act Report 

in Appendix D.

Analysis of Complaints

Section 203(a)(7) of the No FEAR Act requires that agencies undertake “an examination of trends; 

causal analysis; practical knowledge gained through experience; and any actions planned or taken 

to improve complaint or civil rights programs of the agency.” The FMCS examined the 

information reported. 

Data and Results. During FY 2022, two complaints were filed alleging unlawful discrimination. 

The allegations for the formal complaint filed in FY2022, quarter 3 was based on race, color, 

national origin, and age. The formal complaint filed in FY2022, was based on race and 

reprisal/retaliation.

Trends and Causal Analysis. During FY2022, the FMCS received two formal complaints

involving allegations of discrimination which represents a 100% increase in formal complaint 

filings from FY2021. The basis cited in the two formal complaints included harassment (nonsexual) and promotion/non-selection. The issues cited included race, color, national origin, age,

and reprisal/retaliation. The increase in the number of cases filed in FY2022 can be attributed to 

the FMCS reorganization that was initiated during FY2022 and finalized during FY2023. 
A review of the complaint allegations for the last four years consistently shows the following 

issues: appointment/hire, promotion/non-selection and harassment (non-selection). In FY2022 

however, FMCS underwent an agency reorganization, which resulted in internal and external 

promotional opportunities and consolidation of regions. 

The FMCS provided all employees the opportunity to participate in job application training and 

all hiring managers EEO refresher training. In addition, the FMCS issued a Hiring Manger 

Handbook to standardize the hiring process and to provide guidance and resources to all managers 

and supervisors. FMCS has also increased staffing within the FMCS learning and training 

department to develop skill-based assessments for all employees to address any gaps to employee 

professional and personal development.

While there have been considerable changes with the FMCS the previous three years, the FMCS 

leadership has been proactive when addressing issues within the agency and providing resources 

to supervisors so employees can effectively perform in a workplace that is inclusive and free from 

discrimination, retaliation and harassment. By continuing to address issues and provide necessary 

resources, there is an increased likelihood that the number of formal complaints will decline. In 

addition, the FMCS will explore additional training opportunities, collaborate with the Office of 

Human Resources and EEO to provide additional training on harassment, the No FEAR Act, 

advanced EEO and diversity, equity, inclusion, and accessibility training. 

Practical Knowledge Gained Through Experience and Action Plan

At FMCS, the EEO Director has partnered with senior management to settle workplace conflict 

while it is in its pre-complaint stage by engaging in facilitated dialogue. We encourage employees 

to communicate with each other and to attempt to resolve the dispute at the lowest level. The EEO 

Director, also, actively promotes the use of ADR to provide, both the complainant and the agency, 

the opportunity to resolve disputes in a fast and efficient manner. As a result, in FY 2021, potential 

formal EEO cases were avoided or were withdrawn in the informal complaints in the preceding 

years. This trend reflects that the FMCS is taking positive steps to eliminate discriminatory 

practices. The FMCS also established a full time EEO Director position which was previously a 

collateral duty position. In addition, the FMCS established an Ombudsman Office as an additional 

resource to facilitate dialog and settle workplace conflicts. 

Conclusion

The FMCS continues to make strides in its efforts to foster and promote a workplace free from 

discrimination and harassment. There were two formal complaint filed alleging violations covered 

under the No FEAR Act and one complaint pending in Federal district court was dismissed. No 

FMCS employees were disciplined for findings of discrimination. Further, the FMCS has no cases 

that resulted in a judgement, award or compromised settlement. Therefore, no expenditures from 

the Judgement Fund were made on behalf of the FMCS. 
While the number of formal complaint filings increased from one in FY2021 to two in FY2022,

the FMCS’ continued targeted trainings and briefings to FMCS managers and employees on the 

No FEAR Act, EEO laws, harassment and civility treatment will be needed. Additionally, the 

FMCS will continue to encourage FMCS employees and managers to resolve disputes at the 

earliest stages through ADR or the Ombudsman Office. Lastly, the FMCS has committed to 

effectively communicating with employees regarding major changes within the agency and to 

employment-related policies and practices. In conclusion, the FMCS will continue to analyze its 

programs and develop strategic plans that promote and ensure a workplace free of harassment and 

discrimination. 
APPENDIX A
One Independence Square | 250 E Street, SW | Washington, D.C. 20427 | 202-606-8100 | www.fmcs.gov

EEO Alternative Dispute Resolution Procedures May 

2019

1. INTRODUCTION. This Statement of Policy addresses the use of Alternative Dispute 

Resolution (ADR) by the Federal Mediation and Conciliation Service (FMCS), as required 

by the Administrative Dispute Resolution Act (ADRA), 5 U.S.C § 571 et seq. The ADRA 

authorizes and encourages agencies to use mediation and other consensual methods of dispute 

resolution as alternatives to traditional dispute resolution processes. The ADRA requires 

agencies to designate a Dispute Resolution Specialist, establish a policy addressing the use of 

ADR, review contracts and grants for appropriate inclusion of ADR clauses and provide for 

regular training on ADR.

2. POLICY. FMCS is committed to the use of ADR, and other collaborative processes, as a 

management tool to prevent or minimize disputes, or to resolve disputes at the earliest stage 

possible in an expeditious, cost effective and mutually acceptable manner. In furtherance of 

this commitment to the use of ADR, and in compliance with the ADRA, FMCS’s ADR 

Program seeks to encourage and coordinate the ADR efforts of FMCS, formulate agencywide ADR policies, and disseminate information about internal ADR activities, including 

providing assistance, consultation and training within FMCS on ADR subject matter. Instate 

and federal court litigation, ADR procedures may be mandated by applicable statutes, court 

orders, rules and procedures. The FMCS supports the voluntary use of ADR, including 

collaborative discussion and other collaborative processes, e.g., mediation, conflict coaching, 

partnering, facilitated dialogues and the use of an ombudsman, where appropriate.

3. KEY TERMS

a. Workplace Conflict: Varying opinions, values or working styles that leads to a 

disagreement. It is also described as a state of discord caused by the actual or perceived 

opposition of needs, values and interests between people working together.

b. Early Intervention: Employees and managers are strongly encouraged to use the ADR 

process to resolve complaints at the earliest possible opportunity to eliminate the need for 

lengthy investigations and/or costly litigation. Resolution of workplace disputes should 

be attempted at the lowest possible level within each organization. Employees are 

encouraged to attempt to resolve their concerns directly with the individual or individuals 

involved before proceeding to the next level.
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c. Neutrality: The Agency ADR program will rely on a neutral third-party (one who 

functions specifically to aid the parties in resolving the dispute) to facilitate resolution of 

the dispute. ADR proceedings are most successful where a neutral or impartial third-party, 

with no stake in the outcome of a dispute, allows the parties themselves to attempt to 

resolve their dispute. Neutrality helps to maintain the integrity and effectiveness of the 

ADR program. The facilitator’s duty to the parties is to be neutral, honest, and to act in 

good faith.

d. Collaborative discussion: Two or more parties who may have conflicting ideas or paths 

sit down, flesh out areas of difference and collaborate on a consensual path forward for 

the good of the relationship. This process is assisted by a neutral facilitator.

e. Mediation: refers to a non-adjudicative, third-party intervention wherein an impartial 

neutral, selected by the parties, facilitates negotiations between the parties to help them 

reach a mutually acceptable agreement. The parties are responsible for negotiating a 

settlement. The neutral’s role is to assist the process in ways acceptable to the disputants.

f. Confidentiality: Confidentiality is essential to the success of all ADR proceedings. All 

ADR processes will assure confidentiality consistent with the provisions in the Alternative 

Dispute Resolution Act. This will enable parties to ADR proceedings to be forthcoming 

and candid, without fear that their statements may later be used against them. Neutrals will 

not discuss confidential communications, comment on the merits of the case outside the 

ADR process or make recommendations about the case. Neutrals will not reveal to Agency 

staff or management confidential communications disclosed during the mediation process.

g. Facilitated Dialogue: Facilitate dialogue is a structured conversation between two or more 

parties involved in a conflict (“Disputants”). Through Facilitated Dialogue, disputants can 

share their thoughts, feelings, and experiences with one another in a confidentialspace.

h. Conflict Coaching: Conflict coaching is defined as a set of skills and strategies used to 

support peoples' ability to engage in, manage, or productively resolve conflict. In this 

process, the conflict coach works one-on-one with a coachee experiencing conflict with 

another person.
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One Independence Square | 250 E Street, SW | Washington, D.C. 20427 | 202-606-8100 | www.fmcs.gov

4. PROCEDURES. Employees are encouraged to discuss matters of concern informally with their 

supervisors. However, if a problem cannot be resolved, the ADR process is available. Usually, the 

entire ADR process should take no more than 90 days from initial contact to completion.

Step 1: Initial Intake

a. An employee must contact the EEO Office to request ADR/conflict resolution services.

b. The employee will be advised that in order to begin the process, he/she must complete and 

submit the Request for ADR Services Form (e-mails and faxes are acceptable).

c. Upon receipt of the written request for ADR services, the EEO Director will contact the 

employee within five (5) calendar days.

d. During the initial intake, a concerted effort should be focused on identifying the issues 

involved in a complaint, including dates of occurrence, person(s) responsible, alleged 

harm, and remedies requested.

e. The EEO Director will assess the information provided, make appropriate contacts for 

additional information, and determine if the dispute/issue is appropriate for mediation.

• There may be a determination that the matter is better served by using an ombudsman 

outside of the agency.

f. If there are allegations of discrimination or issues that may have EEO implications, the 

EEO Director will refer the individual to an internal EEO counselor for case processing. 

The EEO Director or the EEO Counselor will notify the individual of his/her EEO rights 

and options under 29 C.F.R. Part 1614. The initial contact with the EEO office within 45 

days of the occurrence or personnel action being complained of will satisfy the filing time 

for EEO Counselor contact. The EEO Director will advise the employee in writing of the 

specific issues that will be accepted for ADR mediation. A copy of this letter will be 

retained in the EEO office files.

g. If the EEO Director determines there are no EEO implications, but the matter is or a 

workplace nature, they can refer it to the agency Ombuds.

h. Either the EEO Director or the agency Ombuds can determine whether the matter is 

suitable for mediation.

i. If the dispute/issue is appropriate for mediation, notification will be provided to the 

employee by either the EEO Director or Ombuds. The mediation session generally will be 

scheduled within 21 calendar days of the request. All parties will be notified in writing of 

those attending the ADR session. Mediations will be scheduled during normal work hours.
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One Independence Square | 250 E Street, SW | Washington, D.C. 20427 | 202-606-8100 | www.fmcs.gov

j. Parties in mediation are entitled to have representation. The employee/management will be 

responsible for submitting a Designation of Representative Form (if either elects to have 

representation) to the Agency Ombuds within seven (7) calendar days before the scheduled 

mediation session.

If the dispute isinappropriate for ADR mediation, the employee will be notified in writing of the reason.

A copy of the employee notification that the case was inappropriate for ADR will be maintained in the 

EEO Office. The EEO Office will then notify the individual of the right to file a formal complaint.

Step 2: Mediation

a. The parties will meet with an impartial, neutral third-party who will facilitate the discussion 

and the resolution of the dispute.

b. The agency Ombuds may serve as a mediator. Or, mediators can be selected first from the 

Office of Conflict Management and Prevention, followed by field mediators, or, if there is 

a perception FMCS mediators pose a conflict of interest, mediators may be chosen from 

the shared neutrals roster.

c. The mediation begins a joint session attended by the mediator, employee, appropriate 

responding management official, and the designated representatives.

d. During the joint session, the parties are advised of the mediation process, confidentiality 

of the process, and the role of the mediator. The mediator will answer any questions either 

party may have.

e. All parties to mediation must sign an “FMCS Agreement to Mediate” outlining the terms 

under which the parties are agreeing to participate in the mediation.

The agreement includes the following:

• The parties agree to discuss the issues and attempt to reach an amicable resolution. The 

parties understand that settlement during mediation is voluntary.

• The parties understand that the mediator has no power to decide the terms of the 

resolution or who is right or wrong. Rather, the mediator will attempt to assist the 

participants in reaching their own resolution by facilitating the discussion.

• The parties understand that the mediator will not act as an advocate or attorney for 

either party and will not provide legal advice and/or counsel.

• The parties agree to negotiate in good faith.
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• The parties agree not to subpoena the mediator or any observer to testify in any forum 

as to the issues discussed by the parties in the mediation.

• The mediator and all observers agree not to testify voluntarily on behalf of either party 

and will not report anything said during this mediation unless one of the participants 

makes a genuine threat of physical harm or reveals information related to criminal 

activity, fraud, waste, or abuse of government property, sexual harassment, or child or 

elder abuse.

• The parties understand that any document or notes prepared for or during mediation 

(such as case summaries presented to the mediator or notes taken by the mediator and 

the parties) are for settlement purposes only and will be given to the mediator at the 

conclusion of the mediation session for destruction.

• The parties understand that the mediation session will not be recorded by anyone (either 

video or audio) and no transcript of the session will be produced.

• The parties understand that no participant will be bound by anything said or done in 

mediation unless and until there is a signed written settlement agreement.

• The parties agree to discuss and define the matter to be mediated.

• Each of the parties will have an opportunity to explain his/her position on the dispute 

or matters of concern. The mediator encourages both parties to talk openly and 

candidly, voice all of their concerns, and to listen to the other party’s concerns in order 

to reach the best possible resolution. Additionally, the mediator might meet with each 

party separately to discuss the problem in caucus to help each party find a solution.

Step 3: Mediation Outcomes

a. The employee may opt to withdraw the ADR matter if it is (1) resolved before mediation or

(2) because after consideration he/she elects not to proceed further. Under these circumstances, the file will 

be closed.

• If no settlement agreement is reached, the EEO Director will provide written notification 

to the employee of his/her right to continue through the established complaint, grievance, 

and/or appeal systems, provided established time frames in the respective system, have 

otherwise been met.

• If a settlement agreement is reached, terms of the agreement will be given to the agency’s 

Special Assistant to the Director and Office of General Counsel compliance and legal 

sufficiency review.
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• Upon OGC’s certification of legal sufficiency, the Special Assistant to the Director will 

facilitate implementation of the settlement agreement with other functional areas within 

FMCS.

• The Special Assistant to the Director may confer with the EEO Director regarding 

settlement of cases involving EEO matters prior to the finalization of agreements to ensure 

that the appropriate language is included in the agreement.

• Written agreements reached will be signed during the mediation; however, settlement 

agreements under the ADR mediation may not violate any laws or be inconsistent or in 

conflict with the terms of any collective bargaining agreement.

• In the event of a breach of the settlement agreement, the parties may elect to (1) renegotiate the matter, (2) apply sanctions (i.e., implementation of the original agreement by 

higher-level authority), or (3) a return to the status quo. For breaches of agreements 

involving EEO matters, the procedures set forth in the settlement agreement and in EEOC 

regulations will prevail.

Step 4: Evaluation

a. An evaluation component is essential to any ADR program in order to determine whether the 

program has achieved its goals, how the program might be improved to be more efficient, and to 

achieve better results. At a minimum, evaluationsshould capture and analyze ADR usage, amount 

of time saved, cost avoidance, customer satisfaction, improved relationships, and other indicators 

in line with the Agency’s strategic goals and objectives.

• At the conclusion of each mediation session, all participants will be required to evaluate their 

experience with the mediation process and the mediator. This information will be used to 

assist the Agency in effectively evaluating the program. The Agency will monitor and 

maintain a record of ADR activity for annual reporting to the Equal Employment Opportunity 

Commission.
APPENDIX B
www.fmcs.gov

FEDERAL MEDIATION AND CONCILIATION SERVICE

OFFICE OF THE DIRECTOR

250 E Street, SW

Washington, D.C. 20427

DIRECTIVE 5809: ANTI-HARASSMENT

1. Purpose: This Directive sets forth the updated FMCS policy on anti-harassment and provides 

guidance and implementing procedures for maintaining a workplace free from unlawful 

harassment, in accordance with Federal laws. The purpose of this directive is to:

a. Prevent harassment in FMCS employment, facilities and services;

b. Correct harassing conduct that does occur before it becomes severe or pervasive;

c. Ensure all FMCS employees, contractors, volunteers, interns, visitors, and customers 

are aware that FMCS does not tolerate discrimination or harassment; 

d. Identify what to do in the event of an incident of harassment at FMCS; and

e. Ensure that any employee who engages in such improper conduct will be subject to 

appropriate disciplinary action. Supervisory or management officials who either 

condone or fail to act promptly to correct alleged harassing conduct that is brought to 

their attention will also be subject to appropriate disciplinary action.

2. Authority:

a. Title VII of the Civil Rights Act of 1964 (Title VII), as amended;

b. Equal Pay Act of 1963, as amended;

c. The Age Discrimination in Employment Act of 1967 (ADEA);

d. The Rehabilitation Act of 1973, Sections 501 and 505, as amended;

e. Americans with Disabilities Act (ADA) of 1990, as amended;

f. Federal Sector Equal Employment Opportunity Regulations, 29 CFR Part 1614;

g. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002;

h. Genetic Information Nondiscrimination Act of 2008;

i. Executive Order 13087, which amended Executive Order 11478, prohibiting 

discrimination in federal employment based on sexual orientation;

j. Executive Order 13152, which amended Executive Order 11478, prohibiting 

discrimination in federal employment based on status as a parent;

k. Equal Employment Opportunity Commission (EEOC) Model EEO Programs Must 
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FMCS Directive 5809 – Anti-Harassment – May 2022

Have an Effective Anti-Harassment Program (2005);

l. EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful 

Harassment by Supervisors (1999);

m. Equal Employment Opportunity Commission Management Directive 715 (2003); and

n. Directive 9101, FMCS Equal Employment Opportunity Complaints Program;

o. Executive Order 14035 and Government-wide Strategic Plan to advance DEIA in the 

Federal Government (2021).

3. Scope: This directive covers conduct that falls within the EEO’s definition of unlawful 

harassment, as well as other broader conduct. The EEO definition of unlawful harassment is 

unwelcome verbal or physical conduct based on a protected class (race, color, religion, sex 

(including sexual orientation, gender identity, and pregnancy), national origin, age (40 or 

older), disability or genetic information) that has the purpose or effect of unreasonably 

interfering with an employee’s work performance and/or creating an intimidating, hostile, or 

offensive work environment. To rise to the level of unlawful harassment, conduct must be 

severe or pervasive. This policy also covers any type of harassment that interferes with, or 

alters, the condition of an employee’s employment. 

Employees should be aware that the anti-harassment process within this directive is NOT the 

same as the EEO complaints process and does not impact, pause or extend any statutory 

timelines associated with that process.

4. Applicability: This directive covers all federal employees, non-federal workers, and 

contractors, as defined below, regardless of position. As such, each federal employee, nonfederal worker, and contractor is required to comply with this policy. The principles in this 

policy also apply to all individuals on owned or leased property, including extended visitors

and customers. This policy also applies to conduct in virtual settings and conduct while using

agency-owned devices or accounts or agency-sponsored third-party sites for communication

(ex. Microsoft Teams, Zoom).

a. Federal employee: An individual of the FMCS who is employed pursuant to an 

appointing authority that grants them federal status by law. This includes: Title 5 

employees (GS), all Executives (SES and SL), and Political Appointees. 

i. NOTE: FMCS Management is responsible for taking appropriate action against 

any federal employee who violates this policy. Appropriate action for federal 

employees may include, but is not limited to, reprimand, suspension, demotion, 

or removal from one’s position and/or separation from the Federal Service. 

Such actions may also be considered when making administrative decisions 

related to funding, staffing, and other resources.

b. Non-federal worker: Those individuals who perform work for FMCS but have not been 

employed under an appointing authority that grants them federal status by law and 

benefits. This includes: all Trainees, Interns, or Volunteers.

i. NOTE: FMCS Management is responsible for taking appropriate action against 
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FMCS Directive 5809 – Anti-Harassment – May 2022

any non-federal worker who violates this policy.

c. Contractors: Employees of a firm that has a mutually binding legal relationship, in the 

form of a contract, with FMCS to provide supplies and services. The contract firm is 

responsible for ensuring that their employees comply with this policy. 

i. NOTE: Contractors’ failure to comply with this policy may have action taken 

against them by the contracting officer ranging from a negative contractor 

performance review (CPARS) to a breach of contract, depending upon the 

impact of the failure to comply.

d. Extended visitors and customers: Visitors to any FMCS owned or leased space

(including agency-controlled virtual settings) are responsible for abiding by federal 

law, regulations, and applicable policy for FMCS controlled spaces. Any visitors or 

customers that commit acts of discrimination or harassment within FMCS facilities 

should be reported to FMCS management or physical security and may be removed 

and/or barred from the space. 

5. Policy: 

a. FMCS does not, and will not, tolerate discrimination or harassment within FMCS 

facilities, agency-controlled virtual settings, or services. FMCS does not condone acts 

of harassment committed by employees, volunteers, interns, contractors, visitors, or 

customers using FMCS facilities or services, and it does not condone harassment of 

employees, volunteers, interns, contractors, visitors, or customers using FMCS 

facilities or services. FMCS is committed to maintaining a work environment that is 

courteous, respectful, and free from harassment for its employees, contractors, 

volunteers, interns, visitors, and customers.

b. Even if harassing conduct does not rise to the level actionable under Title VII of the 

Civil Rights Act of 1964, as amended, it is still misconduct. FMCS’ anti-harassment 

policy therefore is to take swift and appropriate corrective action, including the use of 

disciplinary action, to eliminate harassing conduct even if the conduct does not violate 

the law. Harassing actions may also result in corrective actions such as revoking 

privileges to use FMCS facilities or services.

c. Retaliation towards any federal employee, non-federal worker, or contractor for 

reporting allegations of inappropriate conduct or harassment, participating as a witness 

in an administrative inquiry or investigation, or for participating in the EEO complaint 

process, is prohibited.

d. If you are subjected to harassment of the type covered by this policy while using FMCS 

facilities or services, you may use the procedures in this policy to report the incident, 

and your report will be handled swiftly and with consideration.

e. Employees, volunteers, contractors, and interns will be informed of this policy through 

their on-boarding process.

f. All managers, supervisors, and employees are required to take mandatory antiharassment training at least biennially through FMCS’ Learning Management System 
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FMCS Directive 5809 – Anti-Harassment – May 2022

(LMS) or other approved format. Anti-harassment training requirements may also be 

met by taking NO FEAR Act training conducted by the EEO Office.

g. Filing a complaint under these procedures is not equivalent to filing an EEO complaint 

of discrimination, under 29 CFR 1614, or a grievance, under an administrative or 

negotiated procedure.

6. Definition of Harassment in the Workplace:

a. Harassment is unwelcome conduct that is based on race, color, religion, sex (including 

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

disability, or genetic information (including family medical history). Harassment is a 

form of employment discrimination prohibited by Title VII of the Civil Rights Act of 

1964, the Age Discrimination in Employment Act of 1967, (ADEA), the Rehabilitation 

Act of 1973 (as amended), and ADA Amendments Act of 2008 ADAAA, 42 U.S.C. 

ch. 126 § 12101 et seq. Harassment becomes unlawful when: enduring the offensive 

conduct becomes a condition of continued employment, or the conduct is severe or 

pervasive enough to create a work environment that a reasonable person would 

consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit 

harassment against individuals in retaliation for filing a discrimination charge, 

testifying, or participating in any way in an investigation, proceeding, or lawsuit under 

these laws; or opposing employment practices that they reasonably believe discriminate 

against individuals, in violation of these laws.

b. Unwelcome conduct is conduct that a person did not invite or solicit and that they 

regard as undesirable or offensive (outside of work assignments or instructions) and 

the complainant is not an active participant in the behavior. The standard for 

determining whether verbal or physical conduct is sufficiently severe or pervasive to 

create a hostile work environment is whether a reasonable person in the same or similar 

circumstance would find the conduct intimidating, hostile, or abusive. Whether an 

instance or a pattern of harassing conduct is severe or pervasive is determined on a 

case-by-case basis, with consideration paid to the following factors:

i. The frequency of the unwelcome discriminatory conduct;

ii. The severity of the conduct;

iii. Whether the conduct was physically threatening or humiliating, or a mere 

offensive utterance;

iv. Whether the conduct unreasonably interfered with work performance;

v. The effect on the employee’s psychological well-being; and

vi. Whether the harasser was a superior within the organization.

c. Liability for harassment attaches to the Agency if management (i) knew or should 

have known of harassment and (ii) failed to take immediate and appropriate action to 

investigate the behavior. This includes harassing behavior from outside clients or 

entities engaged in FMCS services. Knowledge is assumed if:

i. The victim complains about harassment to an appropriate official;

ii. The conduct occurred in the presence of a manager or supervisor, and they 

were aware of it;

iii. The conduct is widespread; or

iv. The complainant put the alleged violator on notice.
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FMCS Directive 5809 – Anti-Harassment – May 2022

7. Forms of Harassment: The following are examples of inappropriate conduct that may meet the 

definition of harassment if an incident is severe or pervasive. A hostile environment can result 

from the unwelcome conduct and interactions on the job, when the unwelcome conduct renders 

the workplace atmosphere intimidating, hostile, or offensive.

a. Sexual Harassment/Harassment based on sex (including pregnancy, gender identity, 

and sexual orientation). Examples include, but are not limited to:

i. Unwelcome sexual advances;

ii. Requests for sexual favors;

iii. Making repeated attempts to establish an unwanted relationship;

iv. Making offensive comments or asking questions about someone’s sexual 

history, orientation, or gender identity;

v. Intentionally misusing a person’s name or pronouns;

vi. Sharing sexually inappropriate images or videos, such as pornography, with 

others in the workplace;

vii. Sending suggestive letters, notes, texts, or emails or displaying inappropriate 

sexual images in the workplace;

viii. Telling lewd jokes or sharing sexual anecdotes;

ix. Making inappropriate sexual gestures;

x. Staring in a sexually suggestive or offensive manner or inappropriate whistling;

xi. Making sexual comments about appearance, clothing, or body parts; or

xii. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

brushing up against another person.

b. Harassment based on race, ethnicity, color, and/or national origin. Examples include, 

but are not limited to:

i. Making derogatory epithets, slurs, remarks, stereotypes, labels, jokes, or 

innuendos related to a person’s race, ethnicity, culture, or national origin;

ii. Making comments, jokes, teasing someone about a person’s dress, personal 

appearance, hairstyle, speech, or other practices that are related to their race, 

ethnicity, culture, and/or national origin;

iii. Displaying racist or discriminatory symbols or imagery; or

iv. Engaging in a pattern of unwelcome or inappropriate verbal, behavioral, or 

environmental indignities, whether intentional or unintentional, that 

communicate hostile, derogatory, or otherwise negative prejudicial slights and 
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FMCS Directive 5809 – Anti-Harassment – May 2022

insults toward an individual or group, including but not limited to individuals 

from historically excluded groups. These may also be referred to as 

microaggressions, such as touching someone’s hair or skin, commenting on 

ability to speak English, stating and/or perpetuating stereotypes, etc.

c. Harassment based on physical, cognitive, mental disability or “regarded as” having a 

disability. Examples include, but are not limited to:

i. Making derogatory remarks, stereotypes, labels, jokes, or innuendos related to 

people with disabilities;

ii. Sending inappropriate letters, notes, texts, or emails and/or displaying 

inappropriate images in the workplace of people with disabilities;

iii. Telling inappropriate jokes or sharing inappropriate disability related

anecdotes;

iv. Making inappropriate or mocking disability related gestures;

v. Staring in an inappropriate or offensive manner;

vi. Making inappropriate comments about appearance, assistive equipment, or 

body parts;

vii. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

providing unwanted assistance including with service animals; or

viii. Making offensive comments or asking questions about someone's medical 

condition, history of a medical condition, and/or whether they are a person with 

a disability.

d. Harassment based on religion or creed. Examples include, but are not limited to:

i. Sharing inappropriate images or videos with others in the workplace of a 

person’s religion, creed, or a person’s choice to abstain from religiosity;

ii. Sending inappropriate letters, notes, texts, or emails or displaying inappropriate 

images in the workplace of a person’s religion, creed, or a person’s choice to 

abstain from religiosity;

iii. Telling inappropriate jokes or sharing inappropriate religion related anecdotes;

iv. Making inappropriate or mocking religion related gestures; or

v. Making offensive comments or asking questions about someone’s religion, 

creed, or a person’s choice to abstain from religiosity.

e. Harassment based on age (40 or older). Examples include, but are not limited to:

i. Sending inappropriate letters, notes, texts, or e-mails or displaying 

inappropriate age-related images in the workplace;
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FMCS Directive 5809 – Anti-Harassment – May 2022

ii. Telling inappropriate jokes or sharing inappropriate age-related anecdotes;

iii. Making inappropriate or mocking age-related gestures;

iv. Determining and assigning tasks or duties based on a person’s age;

v. Staring in an inappropriate or offensive manner;

vi. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

providing unwanted assistance; or

vii. Making offensive age-related comments or inappropriately asking questions 

about someone’s age.

f. Harassment based on genetic information. Examples include, but are not limited to:

i. Unlawfully obtaining or sharing genetic information, as well as any information 

related to it with others in the workplace;

ii. Sending inappropriate letters, notes, texts, or e-mails related to genetic 

information or displaying inappropriate images in the workplace related to 

genetic information; or

iii. Making offensive comments or asking questions about someone’s genetic 

information or related medical condition, history of a medical condition, and/or 

whether they are a person with a disability.

g. Inappropriate conduct: Inappropriate conduct is also covered and is a separate, broader 

category of misconduct that may not meet the definition of harassment listed above. 

This type of conduct, though inappropriate and covered under this policy, may not 

constitute harassment under the law. Inappropriate conduct includes any comments or 

conduct that disparages or demonstrates hostility or aversion towards any person that 

could reasonably be perceived as disruptive, disrespectful, offensive, or inappropriate 

in the workplace. These may also be referred to as microaggressions. Examples 

include, but are not limited to:

i. Actions or behaviors that adversely impact Agency operations, productivity, 

and/or work environment;

ii. Rude comments, ridicule, disrespectful jokes, or insults;

iii. Inappropriate yelling or emotional outbursts, using expletives, throwing 

objects, or banging/slamming doors;

iv. Inappropriate touching or any form of physical intimidation or aggression (e.g., 

holding, restraining, impeding, or blocking movement, following, inappropriate 

contact or advances, bullying, or any other forms of inappropriate touching);

v. Engaging in a personal relationship with someone in an inherently unequal 

position where there is a real or perceived authority or influence over the other’s 

conditions of employment and/or has the ability to directly impact the other’s 
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FMCS Directive 5809 – Anti-Harassment – May 2022

career progression and not disclosing the relationship and taking steps to 

mitigate the risk to all parties. This may include formal and informal 

supervisory relationships;

vi. Inappropriate or rude gestures, expressions, pictures, or graffiti;

vii. Threats against others or engaging in other threatening behavior;

viii. Psychological bullying or intimidation, such as making statements that are 

false, malicious, disparaging, or derogatory with the intent to hurt another’s 

reputation; or

ix. Engaging in behaviors that may have a dampening effect on reporting 

workplace concerns, such as those that can be perceived as intimidating or 

retaliatory against individuals who report concerns or participate in an 

administrative inquiry or other protected activity.

8. Rights and Responsibilities:

a. Director, FMCS

1. Exercises personal leadership in establishing, maintaining, and carrying out a 

continuing program designed to deter harassment;

2. Ensures resources are allocated to promote a safe and civil organizational 

culture and to create an environment where all individuals are treated with 

respect and dignity; and

3. Holds FMCS leadership, managers, and supervisors accountable under this 

policy.

b. Office of Human Resources (OHR)

1. Assists management officials in conducting prompt and impartial inquiries into 

non-EEO allegations of harassment, obtains third party investigation services;

2. Assists management officials in reviewing reports of inquiry to determine what, 

if any, administrative action is required and advising on appropriate disciplinary 

action;

3. If it appears that the allegations might rise to the level of fraud, waste, abuse, 

or mismanagement, makes referrals to an OIG1 or OSC; and

4. Works with managers and supervisors to process any disciplinary action 

managers decide to implement.

1 The Agency may form an agreement with an external agency to provide services commonly performed by an 

Office of Inspector General. 
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FMCS Directive 5809 – Anti-Harassment – May 2022

c. Office of Equal Employment Opportunity (EEO)

1. Provides agency-wide leadership and guidance on issues of equal employment 

opportunity, diversity, and inclusion;

2. Oversight of all discrimination complaints filed under 29 CFR Part 1614;

3. Providing training and guidance to the FMCS community on their rights and 

responsibilities regarding EEO laws and policies;

4. Providing guidance to managers as appropriate, and when requested, on how to 

address allegations of unlawful harassment because of a legally protected basis;

5. Processes EEO complaints regarding harassment;

6. Provides technical assistance to FMCS staff and training regarding harassment;

and

7. Refers harassment allegations to the OHR if not brought as part of an EEO 

complaint.

d. Office of General Counsel (OGC)

Provides legal advice, represents FMCS in matters relating to harassment, 

reviews documents for legal sufficiency.

e. Office of Inspector General (OIG)/Office of Special Counsel (OSC)

May investigate allegations of harassment in connection with fraud, waste, 

abuse, or mismanagement.

f. All FMCS supervisors and managers shall be responsible for:

1. Acting promptly and appropriately to prevent harassment in the workplace and 

to prevent retaliation against those who complain of harassment;

2. Reporting, pursuant to procedures set forth in this Directive, any incident of 

harassing conduct brought to their attention or personally witnessed;

3. Receiving and handling allegations of harassing conduct promptly and 

appropriately, utilizing the procedures set forth in this Directive; Managers and 

Supervisors should encourage reporting on FMCS Form 5809-1 or should 

ensure collection of the information contained within that form through other 

acceptable format (email or signed statement);

4. In consultation with OHR, providing appropriate interim relief to alleged 

victims of harassment pending the outcome of the investigation to ensure that 

further misconduct does not occur; and

5. In consultation with OHR, taking prompt and appropriate corrective and 

disciplinary action, up to and including removal, against personnel who have 
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FMCS Directive 5809 – Anti-Harassment – May 2022

engaged in harassing conduct.

g. All FMCS employees shall be responsible for:

1. Acting professionally and refraining from harassing conduct;

2. Becoming familiar with the provision of this Directive, complying with all 

requirements of the Directive, and cooperating with any inquiry under this 

Directive; 

3. Timely reporting incidents of workplace harassment, including those incidents 

as a bystander, to any appropriate FMCS manager or supervisor or the resources 

identified in this directive. Complaints may be filed directly with the OHR at 

antiharassment@fmcs.gov;

4. Cooperating fully with investigation of the complaint;

5. Reporting any acts of retaliation related to making a good faith report of 

harassment, or for assisting with an investigation;

6. Being aware that management cannot guarantee confidentiality when 

investigating a workplace harassment complaint; and

7. Taking advantage of the Employee Assistance Program (EAP) counseling 

services, or other personal counseling services, when necessary, to address 

personal problems relating to the workplace harassment.

9. Procedure for Reporting Harassment:

a. Any federal employee, non-federal worker, or contractor who believes they have 

experienced harassment or inappropriate conduct may report such behavior to:

1) antiharassment@fmcs.gov using the intake form FMCS 5809-1; or

2) To any manager or supervisor within FMCS. Managers and Supervisors then 

have an obligation to timely report, within seven (7) calendar days, any 

allegations to the Office of Human Resources for prompt investigation using 

the intake form and forwarding to antiharassment@fmcs.gov; or

3) To the Office of Equal Employment Opportunity at eeo@fmcs.gov, if they 

believe the harassment is prohibited under Directive 9101. Claims of 

harassment not falling within the EEO process will be forwarded to 

antiharassment@fmcs.gov; or

4) If a contractor, report such behavior to their employing organization and/or the 

Contracting Officer’s Representative (COR) and are encouraged to follow any 

reporting requirements set forth by their organization; or

5) To the Director, OHR who will utilize the intake form and forward a copy to 

antiharassment@fmcs.gov within seven (7) calendar days; or
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FMCS Directive 5809 – Anti-Harassment – May 2022

6) Employees may also contact OSC, or an external OIG made available to FMCS 

employees, directly, or may also choose one of FMCS’ formal complaints or 

grievance processes, if applicable. Employees will need to follow the rules and 

timelines for those processes, which differ from the ones in this policy.

b. Once an allegation is raised, the OHR will work with the appropriate managers or 

supervisors to timely investigate the alleged harassment; documenting the investigative 

findings; taking appropriate action, including disciplinary action, to remedy the situation; 

and, making a good faith effort to prevent future incidents from occurring. When 

appropriate, OHR will obtain a third party to conduct a prompt, impartial and thorough 

investigation of all the circumstances surrounding the alleged incident.

1) During this process, a reporting party may initially remain anonymous, but the 

information will be shared with those entities with a need to know. Reports can 

be made anonymously, which means you do not have to identify yourself. 

However, fact finders (either internal or third party) must follow up on all 

allegations of harassment and cannot guarantee that your identity will not be

disclosed during the process. Please note that if you desire to remain 

anonymous, key details about the allegation or concern would need to be 

omitted. This would limit FMCS’ ability to conduct an inquiry and take 

corrective action as warranted.

2) Confidentiality indicates that you desire what you say to be private or secret 

and no further action will be taken. This process is not a confidential 

resource. OHR and management officials cannot guarantee confidentiality 

when it comes to allegations of harassment. If you report an allegation that 

meets the definition of harassment, including sexual harassment, your 

supervisor or manager must contact OHR. There are other offices that operate 

under principles of confidentiality. You can reach out to them to discuss any 

concerns and they are not required to take action, including the Employee 

Assistance Program (EAP) or the FMCS Ombuds, both of which operate under 

principles of confidentiality. Bargaining Unit employees may also reach out to 

their Union Representative.

c. If an employee makes an allegation of harassment against someone outside the Agency 

(such as a customer, vendor, contractor, or consultant), the OHR will complete any 

necessary internal investigation and provide appropriate interim relief, as well as refer 

the allegations to the FMCS Office of General Counsel to handle interactions with or 

consequences to the third party. The Agency may be liable for harassment by third 

parties that it knows about or should have known about (see Section 6c).

d. Any FMCS employee who attempts to retaliate against a person who files a harassment 

complaint or who assisted in the investigation of a discrimination complaint will be 

subject to appropriate disciplinary action in accordance with agency disciplinary 

regulations, the Collective Bargaining Agreement, and Directive 5805 (Disciplinary 

and Adverse Actions).

10. Resolution

a. Corrective Administrative Action 
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FMCS Directive 5809 – Anti-Harassment – May 2022

i. When it is determined that this policy has been violated, the OHR Employee 

and Labor Relations Specialist will coordinate with appropriate management 

officials to develop corrective administrative actions. The corrective 

administrative actions can include a variety of interventions as well as 

appropriate disciplinary actions such as reprimand, proposed suspension, or 

proposed removal and shall always include a reminder that retaliatory treatment 

towards any federal employee, non-federal worker, or contractor for reporting 

allegations of inappropriate conduct or harassment, or for participating as a 

witness in an administrative inquiry or EEO complaint process, is prohibited. 

Other interventions may include training, coaching, facilitated discussions for 

the team, and/or collaborative work with the Employee Assistance Program or 

the FMCS Ombuds. If the respondent is a Government contractor, corrective 

and/or disciplinary action will be the responsibility of the contracting company 

and negative performance may be recorded in the Contractor Performance 

Assessment Reporting System (CPARS), if warranted.

ii. Should any employee or manager not cooperate throughout this process, or not 

implement the corrective administrative action in whole or in part, OHR will 

report this information to the FMCS Director and external entities, as 

appropriate.

b. Communicating Outcomes to Reporting Parties

i. OHR will notify the reporting party of the status of the administrative inquiry 

and when it has been referred to the appropriate management officials. 

However, because of privacy rights and procedures, no further information will 

be provided.

c. EEO Process Not Affected by Anti-Harassment Process

i. This Directive is not intended to replace an employee’s EEO rights. An 

employee may pursue claims of harassing conduct through this Directive or the 

EEO process simultaneously. If an employee wishes to file a formal claim, 

report harassment, seek guidance or counseling, or file a claim of discrimination 

through EEO procedures, they must contact the FMCS EEO Office within 45 

days of the incident or becoming aware of the harassment. Pursuing the antiharassment process through this Directive will not extend or toll any timeframes 

for the EEO process; therefore, employees should be cognizant of timeframes.

11. CONTACT: Office of Human Resources, antiharassment@fmcs.gov

12. EFFECTIVE DATE: This Directive is effective immediately and shall continue until 

superseded or replaced. 

____________________________

Gregory Goldstein, Acting Director

GREGORY 

GOLDSTEIN

Digitally signed by 

GREGORY GOLDSTEIN 

Date: 2022.05.27 13:53:27 

-04'00'
APPENDIX C
DIRECTIVE 9101

Federal Mediation & Conciliation Service Directive

1

[Sept/2020]

DIRECTIVE 9101. EQUAL EMPLOYMENT OPPORTUNITY

1. PURPOSE.

The directive sets forth the Federal Mediation and Conciliation Service (FMCS) policy related to equal 

employment opportunity (EEO) in the workplace as required under the Equal Employment Opportunity 

Commission (EEOC) Management Directive (MD) 715 and MD 110.

2. AUTHORITY.

a. Notification and Federal Employee Antidiscrimination and Retaliation Act (NO Fear Act) 

of 2002, 5 U.S.C. § 2301.

b. Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d).

c. Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.

d. Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.

e. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16 et seq.

f. Civil Rights Act of 1991, 42 U.S.C. § 1981a.

g. Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq.

h. Exec. Order No. 11,478, as amended, 3 C.F.R. 803 (1966-1970).

i. Exec. Order No. 12,106, as amended, 3 C.F.R. 263 (1978-1979).

j. Exec. Order No. 13,087, 3 C.F.R. 191 (1998).

k. Exec. Order No. 13,152, 3 C.F.R. 264 (2000)

3. APPLICABILITY.

This directive is applicable to FMCS Headquarters, Regions and Districts, including home offices. This 

directive also applies to applicants for employment and to contractors only to the extent specified or 

referenced in applicable contracts.
DIRECTIVE 9101

Federal Mediation & Conciliation Service Directive

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[Sept/2020]

4. POLICY.

It is the FMCS’s policy to provide equal employment opportunity (EEO) for all employees and 

applicants for employment regardless of race, color, national origin, sex (including pregnancy, sexual 

harassment, sex stereotyping, sexual orientation, gender identity, and caregiving responsibilities), 

religion, age, disability, genetic information (including family medical history) or status as a parent. 

Pursuant to this policy, FMCS prohibits discrimination on these bases in the workplace and the Agency’s 

employment practices. FMCS strives to provide and maintain a work environment that is free of all 

forms of discrimination, including discriminatory harassment, as well as reprisal or retaliation for 

engaging in protected EEO activity. FMCS also seeks to address harassing conduct at the earliest 

possible stage, before it can become severe or pervasive.

5. RESPONSIBILITIES.

a. FMCS Director. Ensures that the Agency complies with all laws, executive orders, and 

regulations that prohibit discrimination and provide EEO for all FMCS employees and 

applicants and to the maximum extent possible for all FMCS contractor employees.

Ensures Senior Agency leadership, including the FMCS Director, Deputy Director(s), Chief Operating 

Officer, Senior Advisor, National Representative and other officials-in charge of Headquarter Offices, 

Regional Directors and Executive Managers exercise personal leadership regarding the Agency’s EEO 

and diversity program to ensure fair treatment in every aspect of FMCS policy and practice, including 

recruitment, selection, employee development, promotion, awards, and other terms and conditions or 

employment.

b. Director, Equal Employment Opportunity. The Director of EEO shall advise and take 

required actions in accordance with, but not limited to, Discrimination Complaints under 

29 C.F.R. Part 1614; Alternative Dispute Resolution under 29 C.F.R Part 1614; AntiHarassment Procedures; Reasonable Accommodation Policy; Reasonable 

Accommodation Procedures, the FMCS Policy Statement of EEO; and the FMCS Policy

Statement on Anti-Harassment.

c. Supervisors and Managers. Supervisors and Managers shall implement the Agency’s 

EEO, diversity, and affirmative employment program within their department; foster and 

maintain a workplace free from discriminatory practices; and participate in training 

programs designed to enhance their ability to perform these functions.

d. Director, Procurement and Operational Support. The Director of Procurement and 

Operational Support shall ensure that EEO and diversity related contract clauses are 

included in applicable acquisition and procurement contracts.
DIRECTIVE 9101

Federal Mediation & Conciliation Service Directive

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[Sept/2020]

e. All FMCS Employees. Every FMCS employee is responsible for adhering to FMCS’s 

non-discrimination and anti-discrimination policies. All employees, including FMCS 

Senior Agency leadership, managers and supervisors, are required to adhere to the 

Agency’s standards of conduct with respect to EEO in the workplace.

6. REQUIREMENTS.

a. The EEO Director must monitor progress, evaluate results, initiate corrective actions, and 

periodically report outcomes of such processes to external oversight agencies, such as the 

EEOC, Department of Justice, and Office of Personnel Management (OPM), as well as 

FMCS senior leadership; communicate relevant information regularly to stakeholders 

with the Agency.

b. The EEO Director must submit EEO and diversity related reports:

1) NO Fear Act Report. This report is required annually. It is provided to theEEOC, 

Department of Justice, and Congress.

2) MD 715 Report. This report is required annually. It is provided to the EEOC.

3) Annual Federal EEO Statistical Report of Discrimination Complaints (EEOCForm 

462)

c. The EEO Director comply with prescribed EEO complaint processing timeframes.

d. All FMCS nonsupervisory employees must participate in a minimum of 3 hours of 

EEO/diversity training annually. All FMCS supervisory employees must participate in 4 

hours of EEO/diversity training annually.

e. All FMCS employees must participate in a minimum of 3 hours of training on prevention 

of sexual harassment on a biennial basis.

f. Applicants for, and recipients of, FMCS contracts and/or grants must comply with all 

legal nondiscrimination obligations. In addition, applicants for, and recipients of, FMCS 

contracts and/or grants should strive to complete with FMCS policies issued by the 

FMCS Director regarding EEO and diversity.

7. DEFINITIONS. None.

8. ACRONYMS. None.
DIRECTIVE 9101

Federal Mediation & Conciliation Service Directive

4

[Sept/2020]

9. REFERENCES. None.

10. CONTACT. Questions regarding this directive should be referred to the Director of EEO at 

202-606-8100 or eeo@fmcs.gov .

11. EFFECTIVE DATE. This Directive effective is immediately.

BY ORDER OF THE DIRECTOR:
APPENDIX D
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 1 of 8

Complaint Activity Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

1) Number of Complaints Filed 2 1 3 2 1 0 0 1 1

2) Number of Complainants 2 1 3 2 1 0 0 1 1

3) Number of Individuals Filing More Than Once 0 0 0 0 0 0 0 0 0

Complaint Basis Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

4) Total Complaints 2 1 3 2 1 0 0 1 1

A) Race 2 1 3 1 1 0 0 1 1

i) Black 2 0 0 0 1 0 0 1 1

ii) White 0 1 3 0 0 0 0 0 0

iii) American Indian / Alaskan Native 0 0 0 0 0 0 0 0 0

iv) Asian / Pacific Islander 0 0 0 0 0 0 0 0 0

B) Color 0 0 0 0 0 0 0 1 0

C) Sex-Male (EPA claims included) 0 1 1 0 0 0 0 0 0

D) Sex-Female (EPA claims included) 0 0 1 0 1 0 0 0 0

E) Religion 0 0 1 0 0 0 0 0 0

F) National Origin 1 0 0 0 0 0 0 1 0

G) Age 2 1 3 2 0 0 0 1 0

H) Disability 0 0 0 2 0 0 0 0 0

i) Mental 0 0 0 2 0 0 0 0 0

ii) Physical 0 0 1 1 0 0 0 0 0

I) Reprisal/Retaliation for Previous EEO Activity 0 0 2 0 0 0 0 0 1

J) Non-EEO 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 2 of 8

Complaint Issue Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

5) Total EEO Complaints 2 1 3 2 1 0 0 1 1

A) Appointment/Hire 0 1 2 1 0 0 0 0 0

B) Assignment of Duties 0 0 0 0 0 0 0 0 0

C) Awards 0 0 0 0 0 0 0 0 0

D) Conversion to Full-Time 0 0 0 0 0 0 0 0 0

E) Disciplinary Action 0 0 0 0 0 0 0 0 0

i) Demotion 0 0 0 0 0 0 0 0 0

ii) Reprimand 0 0 0 0 0 0 0 0 0

iii) Suspension 0 0 0 0 0 0 0 0 0

iv) Removal 0 0 0 0 0 0 0 0 0

F) Duty Hours 0 0 0 0 0 0 0 0 0

G) Evaluation / Appraisal 0 0 0 1 0 0 0 0 1

H) Examination / Test 0 0 0 0 0 0 0 0 0

I) Harassment 0 0 0 0 1 0 0 1 1

i) Non-Sexual 0 0 0 0 1 0 0 1 1

ii) Sexual 0 0 0 0 0 0 0 0 0

J) Medical Examination 0 0 0 0 0 0 0 0 0

K) Pay (Including Overtime) 0 0 0 0 0 0 0 0 0

L) Promotion / Non-Selection 0 0 1 0 0 0 0 0 1

M) Reassignment 1 0 0 0 0 0 0 0 0

i) Denied 1 0 0 0 0 0 0 0 0

ii) Directed 0 0 0 0 0 0 0 0 0

N) Reasonable Accommodation 0 0 0 0 0 0 0 0 0

O) Reinstatement 0 0 0 0 0 0 0 0 0

P) Retirement 0 0 0 0 0 0 0 0 0

Q) Termination 1 0 0 0 0 0 0 0 0

R) Terms / Conditions of Employment 0 0 0 1 0 0 0 0 0

S) Time and Attendance 0 0 0 0 0 0 0 0 0

T) Training 0 0 0 0 0 0 0 0 0

U) Other 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 3 of 8

Processing Time & Disposition Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

6) Number of Complaints Pending (for any length of 

time)

2 2 1 1 0 0 0 1 1

A) Average Number of Days to Fully Investigate 

a Formal Complaint 205 180 335 198

0 0 0 0 0

B) Average Number of Days to Issue a Final 

Decision When No EEOC Hearing Requested 0 0 0 0

0 0 0 0 0

7) Number of Final Actions Completed 1 0 0 0 0 0 0 0 0

A) Number of Final Actions Without A Hearing 1 0 0 0 0 0 0 0 0

B) Number of Final Actions After Hearing 0 0 0 0 0 0 0 0 0

8) Total Number of Complaints Dismissed 0 0 0 0 0 0 0 0 0

9) Average Length of Time to Dismiss 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 4 of 8

Final Actions by Basis Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

10) Total 0 0 0 0 0 0 0 0 0

A) Race 1 0 0 0 0 0 0 0 0

B) Color 0 0 0 0 0 0 0 0 0

C) Sex-Male 0 0 0 0 0 0 0 0 0

D) Sex-Female 0 0 0 0 0 0 0 0 0

E) Religion 0 0 0 0 0 0 0 0 0

F) National Origin 1 0 0 0 0 0 0 0 0

G) Age 1 0 0 0 0 0 0 0 0

H) Disability 0 0 0 0 0 0 0 0 0

I) Retaliation 0 0 0 0 0 0 0 0 0

Findings After Hearing

J) Race 0 0 0 0 0 0 0 0 0

K) Color 0 0 0 0 0 0 0 0 0

L) Sex-Male 0 0 0 0 0 0 0 0 0

M) Sex-Female 0 0 0 0 0 0 0 0 0

N) Religion 0 0 0 0 0 0 0 0 0

O) National Origin 0 0 0 0 0 0 0 0 0

P) Age 0 0 0 0 0 0 0 0 0

Q) Disability 0 0 0 0 0 0 0 0 0

R) Retaliation 0 0 0 0 0 0 0 0 0

Findings Without Hearing

S) Race 1 0 0 0 0 0 0 0 0

T) Color 0 0 0 0 0 0 0 0 0

U) Sex-Male 0 0 0 0 0 0 0 0 0

V) Sex-Female 0 0 0 0 0 0 0 0 0

W) Religion 0 0 0 0 0 0 0 0 0

X) National Origin 1 0 0 0 0 0 0 0 0

Y) Age 1 0 0 0 0 0 0 0 0

Z) Disability 0 0 0 0 0 0 0 0 0

AA) Retaliation 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 5 of 8

Final Actions by Issue Comparative Data 2022 2022 2022 2022

 All Types 2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

11) Total 0 0 0 0 0 0 0 0 0

A) Appointment/Hire 0 0 0 0 0 0 0 0 0

B) Assignment of Duties 0 0 0 0 0 0 0 0 0

C) Awards 0 0 0 0 0 0 0 0 0

D) Conversion to Full-Time 0 0 0 0 0 0 0 0 0

E) Disciplinary Action 0 0 0 0 0 0 0 0 0

i) Demotion 0 0 0 0 0 0 0 0 0

ii) Reprimand 0 0 0 0 0 0 0 0 0

iii) Suspension 0 0 0 0 0 0 0 0 0

iv) Removal 0 0 0 0 0 0 0 0 0

F) Duty Hours 0 0 0 0 0 0 0 0 0

G) Evaluation / Appraisal 0 0 0 0 0 0 0 0 0

H) Examination / Test 0 0 0 0 0 0 0 0 0

I) Harassment 0 0 0 0 0 0 0 0 0

i) Non-Sexual 0 0 0 0 0 0 0 0 0

ii) Sexual 0 0 0 0 0 0 0 0 0

J) Medical Examination 0 0 0 0 0 0 0 0 0

K) Pay (Including Overtime) 0 0 0 0 0 0 0 0 0

L) Promotion / Non-Selection 0 0 0 0 0 0 0 0 0

M) Reassignment 1 0 0 0 0 0 0 0 0

i) Denied 1 0 0 0 0 0 0 0 0

ii) Directed 0 0 0 0 0 0 0 0 0

N) Reasonable Accommodation 0 0 0 0 0 0 0 0 0

O) Reinstatement 0 0 0 0 0 0 0 0 0

P) Retirement 0 0 0 0 0 0 0 0 0

Q) Termination 0 0 0 0 0 0 0 0 0

R) Terms / Conditions of Employment 0 0 0 0 0 0 0 0 0

S) Time and Attendance 0 0 0 0 0 0 0 0 0

T) Training 0 0 0 0 0 0 0 0 0

U) Other 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 6 of 8

Final Actions by Issue (continued) Comparative Data 2022 2022 2022 2022

 Findings After Hearing 2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

V) Appointment/Hire 0 0 0 0 0 0 0 0 0

W) Assignment of Duties 0 0 0 0 0 0 0 0 0

X) Awards 0 0 0 0 0 0 0 0 0

Y) Conversion to Full-Time 0 0 0 0 0 0 0 0 0

Z) Disciplinary Action 0 0 0 0 0 0 0 0 0

i) Demotion 0 0 0 0 0 0 0 0 0

ii) Reprimand 0 0 0 0 0 0 0 0 0

iii) Suspension 0 0 0 0 0 0 0 0 0

iv) Removal 0 0 0 0 0 0 0 0 0

AA) Duty Hours 0 0 0 0 0 0 0 0 0

AB) Evaluation / Appraisal 0 0 0 0 0 0 0 0 0

AC) Examination / Test 0 0 0 0 0 0 0 0 0

AD) Harassment 0 0 0 0 0 0 0 0 0

i) Non-Sexual 0 0 0 0 0 0 0 0 0

ii) Sexual 0 0 0 0 0 0 0 0 0

AE) Medical Examination 0 0 0 0 0 0 0 0 0

AF) Pay (Including Overtime) 0 0 0 0 0 0 0 0 0

AG) Promotion / Non-Selection 0 0 0 0 0 0 0 0 0

AH) Reassignment 0 0 0 0 0 0 0 0 0

i) Denied 0 0 0 0 0 0 0 0 0

ii) Directed 0 0 0 0 0 0 0 0 0

AI) Reasonable Accommodation 0 0 0 0 0 0 0 0 0

AJ) Reinstatement 0 0 0 0 0 0 0 0 0

AK) Retirement 0 0 0 0 0 0 0 0 0

AL) Termination 0 0 0 0 0 0 0 0 0

AM) Terms / Conditions of Employment 0 0 0 0 0 0 0 0 0

AN) Time and Attendance 0 0 0 0 0 0 0 0 0

AO) Training 0 0 0 0 0 0 0 0 0

AP) Other 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 7 of 8

Final Actions by Issue (continued) Comparative Data 2022 2022 2022 2022

 Findings Without Hearing 2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

AQ) Appointment/Hire 0 0 0 0 0 0 0 0 0

AR) Assignment of Duties 0 0 0 0 0 0 0 0 0

AS) Awards 0 0 0 0 0 0 0 0 0

AT) Conversion to Full-Time 0 0 0 0 0 0 0 0 0

AU) Disciplinary Action 0 0 0 0 0 0 0 0 0

i) Demotion 0 0 0 0 0 0 0 0 0

ii) Reprimand 0 0 0 0 0 0 0 0 0

iii) Suspension 0 0 0 0 0 0 0 0 0

iv) Removal 0 0 0 0 0 0 0 0 0

AV) Duty Hours 0 0 0 0 0 0 0 0 0

AW) Evaluation / Appraisal 0 0 0 0 0 0 0 0 0

AX) Examination / Test 0 0 0 0 0 0 0 0 0

AY) Harassment 0 0 0 0 0 0 0 0 0

i) Non-Sexual 0 0 0 0 0 0 0 0 0

ii) Sexual 0 0 0 0 0 0 0 0 0

AZ) Medical Examination 0 0 0 0 0 0 0 0 0

BA) Pay (Including Overtime) 0 0 0 0 0 0 0 0 0

BB) Promotion / Non-Selection 0 0 0 0 0 0 0 0 0

BC) Reassignment 1 0 0 0 0 0 0 0 0

i) Denied 1 0 0 0 0 0 0 0 0

ii) Directed 0 0 0 0 0 0 0 0 0

BD) Reasonable Accommodation 0 0 0 0 0 0 0 0 0

BE) Reinstatement 0 0 0 0 0 0 0 0 0

BF) Retirement 0 0 0 0 0 0 0 0 0

BG) Termination 0 0 0 0 0 0 0 0 0

BH) Terms / Conditions of Employment 0 0 0 0 0 0 0 0 0

BI) Time and Attendance 0 0 0 0 0 0 0 0 0

BJ) Training 0 0 0 0 0 0 0 0 0

BK) Other 0 0 0 0 0 0 0 0 0
FEDERAL MEDIATION & CONCILIATION SERVICE

No FEAR Act Report Through 09/30/2022

Page 8 of 8

Pending Complaints Comparative Data 2022 2022 2022 2022

2017 2018 2019 2020 2021 Qtr. 1 Qtr. 2 Qtr. 3 Qtr. 4

12) Total 1 2 2 2 5 0 0 1 1

A) Individuals Filing 1 2 2 2 5 0 0 1 1

B) Number complaints pending 1 2 2 2 4 0 0 1 1

i) Notification / Counseling 0 0 0 1 1 0 0 0 0

ii) Investigation 0 0 1 1 2 0 0 0 1

iii) Hearing 1 2 1 0 2 0 0 0 0

iv) Final Action 0 0 0 0 0 0 0 0 0

v) Appeal with EEOC 0 0 0 0 0 0 0 0 0

C) Investigations Exceeding Required Time 0 0 0 1 0 0 0 0 0