USDA Forest Service

Fiscal Year (FY) 2020 Annual Report for the Notification and Federal Employee AntiDiscrimination and Retaliation (No FEAR) Act of 2002

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Introduction

This No FEAR Act Report provides Fiscal Year (FY) 2020 efforts by the U.S. Department of Agriculture’s

(USDA) Forest Service (FS or Agency) to fulfill the intent of the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002. For ease of reading, this document is divided 

into sections that follow the No FEAR Act Annual Report guidelines. Each section addresses the Trends, 

Causal Analysis, Knowledge Gained, and Action Taken or Planned. Per each section, the information is 

organized with FY 2020 data first, followed by comparative data for FY 2019.

I. Number of Complaints Filed

A. Trends – In FY 2020, the USDA Forest Service’s number of complaints per capita rate was lower 

than the U.S. Department of Agriculture’s complaints per capita rate. The USDA Forest Service FY 

2020 complaints per capita rate was 0.19% comparative to the U.S. Department of Agriculture FY 

2020 complaints per capita rate of 0.39%. The USDA Forest Service has experienced a consistent 

downward trend in formal complaint activity for the past four (4) years. In FY 2020 a total of 70

formal complaints were filed, comparative to FY 2019 when a total of 100 formal complaints were 

filed.

B. Causal Analysis:

o In FY 2020, 70 formal complaints were filed.

o In FY 2019, 100 formal complaints were filed.

C. Knowledge Gained – In FY 2020, the USDA Forest Service experienced a –30.00% decrease in the 

number of formal complaints filed compared to FY 2019. In FY 2020, there were 70 formal 

complaints filed comparative to the 100 formal complaints filed in FY 2019. The data shows that 

the USDA Forest Service’s efforts to address disparate impact and disparate treatment discrimination 

in the work environment and improve the Equal Employment Opportunity (EEO) pre-complaint 

process are positively impacting the formal complaint activity.

D. Action Taken or Planned – The USDA Forest Service continually develops, conducts, monitors, 

and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all

employees and managers are knowledgeable of Civil Rights regulations, processes, policies, 

practices, procedures, and requirements. In addition, the USDA Forest Service is actively placing 

greater emphasis on creating and sustaining a safe, resilient, and respectful working environment

through its national Work Environment and Performance Office (WEPO) and progressive Civil 

Rights initiatives.

The following programs and activities have been or will be implemented or conducted throughout 

the USDA Forest Service:

• Employee Advisory Group – The Employee Advisory Group is a 30-member board 

identifies proactive steps that support and empower employees. They advise the Chief 

and other senior leadership on steps needed to eliminate harassment and promote safe

and respectful work environments.

• Resolving Official Program – The USDA Forest Service Resolving Official 

Program’s mission is to resolve disputes at the lowest possible level through the 

Alternative Dispute Resolution (ADR) process. Once the terms of a Settlement 

Agreement are agreed upon by the Resolving Official (RO) and the Complainant, a
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draft Agreement is forwarded to the RO Program Coordinator and the Assistant 

Director for Civil Rights. When appropriate, the draft Agreement is reviewed by the 

Office of General Counsel to ensure the Agreement is legally sufficient prior to 

obtaining signatures from all the required parties.

In FY 2020, the Civil Rights Office identified five (5) acting senior managers who 

actively participated in the Resolving Official cadre. Training of new Resolving 

Officials was delayed because of COVID-19, however, the Agency’s goal is to train 

ninety-five (95) percent of the USDA Forest Service senior managers on the ADR 

process during FY 2021, so they can participate in the Resolving Official cadre, when 

required.

In FY 2020, the Agency expanded utilization of the ADR process to include offering 

ADR on formal EEO complaints when appropriate. Six (6) offers to participate in 

ADR during the formal EEO process were sent to Complainants resulting in two (2) 

Settlement Agreements. The Agency will continue to expand and utilize this process 

in FY 2021 to resolve disputes at the lowest possible level.

• Civil Rights and Human Resources Management Informational Packets/Booklets

– Over 700 packets/booklets were widely distributed in FY 2020. The 

packets/booklets were designed separately, one for employees and the other for 

supervisors/managers. The packets/booklets have been well received by participants 

at training sessions for the wealth of information they contained. The packets/booklets 

are comprised of current policies and a listing of contacts of the Pacific Southwest 

Region (R5)-Civil Rights staff and HRM Employee Relations staff. Also included in 

the information packets/booklets are resources and processes that are available to 

Forest Service employees such as the Conflict Management and Prevention Program 

(CMP), Reasonable Accommodation Process, and the Equal Employment Opportunity 

(EEO) Complaint Process.

II. Number of Filers

A. Trends – In FY 2020, the number of Complainants that filed complaints were 67, resulting in a 

significant decrease from the prior fiscal year. In FY 2019, the USDA Forest Service had a total of 

88 Complainants that filed complaints.

B. Causal Analysis:

o In FY 2020, 67 number of Complainants

o In FY 2019, 88 number of Complainants

C. Knowledge Gained – In FY 2020 the USDA Forest Service experienced a –23.86% decrease in the 

number of Complainants filing formal complaints comparative to FY 2019. In FY 2020, there were 

67 individuals that filed formal complaints comparative to 88 individuals that filed formal complaints 

in FY 2019.

D. Action Taken or Planned – The USDA Forest Service continually develops, conducts, monitors, 

and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees 

and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, 

policies, practices, procedures, and requirements. In an effort to continue to reduce the number of 

Complainants filing complaints in the USDA Forest Service and improve our work environments; 
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the Agency has created the following programs to further identify, inform, and assist employees and 

managers in obtaining an atmosphere that is conducive to everyone:

• Anti-Harassment Improved Protocol – The Anti-Harassment Improved Protocol 

ensures the following issues are addressed: (1) employees’ complaints filed through 

the anti-harassment hotline are handled in a prompt and fair manner; (2) employees 

clearly understand the anti-harassment process, and who to contact for assistance; (3) 

ensures unit leaders are aware of existing issues and take all necessary actions to 

resolve work unit issues; and (4) all parties are kept informed throughout the 

harassment assessment process, including investigation results and final disposition of 

cases.

• Victim Advocacy Support – The USDA Forest Service established a support structure 

for victims, by revising the anti-harassment policy and providing training to all 

necessary stakeholders on a victim-centered and trauma-informed approach to antiharassment. The training also includes Civil Rights and Employee Relations staff, as 

well as, Investigators. Additionally, the organization assisted with developing 

proactive trainings and initiatives, including bystander intervention and being an ally.

• In FY 2020 the Policy, Analysis and Accountability focus area of the Work 

Environment and Performance Office (WEPO) continuously worked to improve 

the Anti-Harassment customer experience by updating standing operating 

procedures to the Harassment Reporting Center and Case Management Liaison 

process based on input from Agency employees. Through coordination with other 

focus areas within WEPO they assisted in the development of the Employee 

Resource Guide, informational webinars, as well as, infographic posters that went 

out to each Regions and Stations throughout the USDA Forest Service in order to 

connect employees with resources available to help address workplace conflict.

• In FY 2021 the updated Anti-Harassment Policy will be issued, and all related 

standard operating procedures (SOP) will be updated as well in order to continue 

efforts to improve the Anti-Harassment process.

• Building Resiliency – The USDA Forest Service took steps during the COVID-19 

pandemic to engage employees in a variety of different platforms to discuss resiliency, 

as well as, internal and external programs and resources to assist employees. These 

efforts included hosting a mindfulness session for employees; hosting a Stress First 

Aid session to discuss self-care and peer support, providing overviews of the Employee 

Assistant Program, and discussing the impact of stress and anxiety, including warning 

signs and how to cope.

• Stress First Aid – The USDA Forest Service hosted two (2) Stress First Aid sessions 

on August 18 and September 22. Stress First Aid is a self-care and peer support model 

that includes actions to help identify and address early signs of stress reactions in 

yourself and others in an ongoing way. It helps identify the warning signs of stress, 

including no longer feeling like your normal self; loss of control of emotions or 

behavior; excessive guilt, shame, or blame; and feelings of panic, rage or depression.
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III. Number of Repeat Filers

A. Trends – In FY 2020 the number of Repeat Filers were three (3), which was a substantial decrease 

from FY 2019. In FY 2019 the USDA Forest Service had a total of ten (10) Repeat Filers.

B. Causal Analysis:

o In FY 2020, 3 number of Repeat Filers

o In FY 2019, 10 number of Repeat Filers

C. Knowledge Gained – In FY 2020, the USDA Forest Service experienced an –70.00% decrease in 

repeat filings of formal complaints as compared to FY 2019. In FY 2020, there were three (3) repeat 

filings comparatively to the ten (10) repeat filings in FY 2019.

D. Action Taken or Planned – The USDA Forest Service worked hard to develop, conduct, monitor, 

and evaluate its Civil Rights programs, events, documentation, and trainings to eliminate barriers in 

the workplace. The USDA Forest Service goal is to ensure all employees and managers are 

knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, 

practices, procedures, and requirements. In an effort to reduce the number of repeat filers of 

complaints in our Agency. The USDA Forest Service has created and maintained the following 

programs:

• National Collective Hiring & Recruitment (NCHR) Events – The USDA Forest 

Service has scheduled National Collective Hiring and Recruitment Events to hire 

individuals for various positions. The National Collective Hiring & Recruitment 

(NCHR) events will help the USDA Forest Service efficiently recruit and hire interns 

and recent graduates across a variety of disciplines. An USDA Forest Service Call 

Letter was distributed that provided pertinent information and instructions on how to 

participate in each event and how the USDA Forest Service teams would recruit for all 

vacancies. The USDA Forest Service National Collective Hiring & Recruitment 

(NCHR) Events started in September 2020 and are scheduled to occur through May 

2021.

• Webinars for Everyday Life – The FS Diversity, Equity and Inclusion (DEI) 

provided a variety of webinars to USDA Forest Service employees to provide 

knowledge and assistance with everyday life and to improve career choices. The FS 

DEI delivered the following webinars:

• National Disability Employment Awareness Month (NDEAM) Kick-Off

• NDEAM Digital Accessibility Primer

• NDEAM Schedule A Hiring Authority

• NDEAM Reasonable Accommodations

• LGBTQIA+Basics

• Veteran’s Day Observance Webinar on Post Traumatic Stress Disorder

• American Indian Alaska Native Heritage Month Observance

• Inaugural Hispanic Collaboration Meeting – The FS DEI participated in an

inaugural Hispanic Collaboration Meeting, which is a precursor to the potential 
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(re)establishment of an employee resource group for Hispanics in the USDA Forest 

Service.

IV. Number of Bases Alleged in Complaints

A. Trends – In FY 2020, a total of 70 formal complaints were filed, comparative to the 100 formal 

complaints filed in FY 2019. The analysis below provides the number of bases alleged in formal 

complaints and the percentages to the 70 cases filed in FY 2020 and the 100 cases filed in FY 2019. 

Additionally, the differential shows comparative decreases, by number and percentage, for each bases

alleged in FY 2020 and FY 2019.

B. Causal Analysis – In FY 2020, a total of 70 formal complaints were filed and the most frequently 

cited bases alleged in complaints, are as follows:

o Reprisal: 44 bases 62.86%

o Sex: 32 bases 45.71%

o Disability 25 bases 35.71%

o Race 22 bases 31.43%

o Age 20 bases 28.57%

In FY 2019, there were a total of 100 formal complaints filed. The data below provides the cited 

bases comparative to the most frequently cited bases alleged in complaints in FY 2020:

o Reprisal: 61 bases 61.00%

o Sex 33 bases 33.00%

o Disability: 40 bases 40.00%

o Race 29 bases 29.00%

o Age 30 bases 30.00%

In FY 2020, alleged Bases increased or decreased comparative to FY 2019, are as follows:

o Complaints based on Reprisal decreased by –27.87%.

o Complaints based on Sex decreased by –3.03%.

o Complaints based on Disability decreased by –37.50%.

o Complaints based on Race decreased by –24.14%.

o Complaints based on Age decreased by –33.33%.

C. Knowledge Gained – In FY 2020, the USDA Forest Service had only decreases in the number of 

most frequently cited bases filed in formal complaints as compared to FY 2019. An analysis of the 

most alleged bases have been provided in the aforementioned casual analysis.

D. Action Taken or Planned: The USDA Forest Service continually develops, conducts, monitors, and 

evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees and 

managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, 

policies, practices, procedures, and requirements. In an effort to reduce the number of complaints’ 

filed in our Agency, the USDA Forest Service has created or continued the following programs in 
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FY 2020 and/or will carry forward into FY 2021:

• Our Code and Commitments – These core values are given to all employees to 

reinforce and supplement the USDA’s Employee Responsibilities and Conduct Policy 

and the USDA Forest Service’s Anti- Harassment Policy.

• Follow-up Actions on Complaints – The USDA Forest Service developed a protocol 

to ensure follow-up on actions after a complaint is filed, and to take remedial actions, 

if required.

• Mandatory Trainings – The USDA Forest Service continually provides routine and 

mandatory Civil Rights, EEO, and Anti-Harassment training to all of its employees 

and leadership, which has resulted in fewer filings of EEO complaints. The training 

we provide, annually and/or as needed, affirms the Agency’s firm stance on EEO laws, 

policies, practices, processes, and procedures to promote a fair and respectful work 

environment.

V. Number of Issues Alleged Complaints

A. Trends – In FY 2020, a total of 70 formal complaints were filed, comparative to the 100 formal 

complaints filed in FY 2019. The analysis below shows the number of the most frequently cited 

issues alleged in formal complaints and their percentage for FY 2020. Additionally, the differential 

shows either a comparative increase or decrease, by number and percentage, for each issue alleged 

in FY 2020 and FY 2019.

B. Causal Analysis – In FY 2020, 70 formal complaints were filed and the most frequently cited issues

were alleged in formal complaints, are as follows:

o Harassment Non-Sexual 39 issues 55.71%

o Promotion/Non-Selection 17 issues 24.29%

o Assignment of Duties 12 issues 17.14%

o Perf. Eval./Appraisal 12 issues 17.14%

o Terms/Conditions of Employment 09 issues 12.86%

o Termination 08 issues 11.43%

In FY 2019, there were a total of 100 formal complaints filed. The data below provides the cited 

issues compared to the most frequently cited issued alleged in complaints in FY 2020:

o Harassment Non-Sexual 53 issues 53.00%

o Promotion/Non-Selection 22 issues 22.00%

o Assignment of Duties 21 issues 21.00%

o Perf. Eval./Appraisal 17 issues 17.00%

o Terms/Condition of Employment 39 issues 39.00%

o Termination 09 issues 09.00%

In FY 2020, all the alleged issues decreased substantially compared to the same issues in FY 

2019. The decreases are as follows:
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o Complaints based on Harassment Non-Sexual decreased by –26.42%.

o Complaints based on Promotion/Non-Selection decreased by –22.73%.

o Complaints based on Assignment of Duties decreased by –42.86%.

o Complaints based on Perf. Eval./Appraisal decreased by –29.41%.

o Complaints based on Terms/Condition of Employment decreased by –76.92%.

o Complaints based on Termination decreased by –11.11%.

C. Knowledge Gained – In FY 2020, the USDA Forest Service experienced decreases in the number 

of most frequent cited issues filed in formal complaints as compared to FY 2019. An analysis by 

issue has been provided in the aforementioned casual analysis. The USDA Forest Service provides 

mandatory and routine Civil Rights, EEO, and Anti-Harassment training to employees and leadership 

that results in an increase awareness of their rights and responsibilities related to EEO matters. The 

USDA Forest Service has been successful in achieving progressive steps toward improving the work 

environment by opening up lines of communications between our employees and leadership.

D. Action Taken or Planned – The USDA Forest Service continually develops, conducts, monitors, 

and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees 

and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, 

policies, practices, procedures, and requirements. In an effort to reduce the number of Complainant’s 

filing complaints in our Agency. The USDA FS has created and/or maintained the following 

programs:

• Communicating Across Differences (CAD) Workshop – The Pacific Southwest 

Region Civil Rights Service Center (CRSC) developed and presented a workshop titled 

“Communicating Across Differences (CAD)” to the Region’s leadership. Twenty-four 

(24) CAD workshops were conducted with a total of 720 attendees comprised of 

Regional and Forest Leadership, Deputy Forest Supervisors (DFS), District Rangers 

(DR), and supervisors or managers. Based on the positive feedback and support from 

the Region’s leadership, the workshop will also be conducted with non-supervisory 

employees in the near future.

The Pacific Southwest Region Civil Rights Service Center (CRSC) also developed a 

new curriculum workshop titled Communicating Across Cultural Differences 

(CACD), Sub-titled: “In The Face of Change: The Impact of Social Media In Our 

Current State and Its Affects” - COVID-19. The workshop will be delivered to the 

Region 5 and PSWRS employees in FY 2021.

• The USDA Forest Service hosted 15 Virtual Dialogue Circles during FY 2020 with 

leaders, employees in the PSWRS. Employees were afforded with an opportunity to 

explore their feelings and reactions to the news of violence and threats of violence 

towards communities of color, and in particular the Black community. Based on 

positive feedback and support from Leadership, the PSWRS will facilitate additional 

virtual dialogue circles and follow up conversations with employees to increase 

mindfulness and awareness of emerging issues.
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• The USDA Forest Service held facilitated discussions that support a healthy work 

environment throughout specific Region’s Virtual Take a Break Session platform. 

Virtual Take a Break Sessions were facilitated by Civil Rights Staff in conjunction 

with internal stakeholders from across the region to build community amongst 

employees. Special sessions pertaining to Asian American/Pacific Islanders, Diversity 

in Recreation, the LGBT Community and Limited English Proficiency were held to 

educate the workforce and celebrate observance months. Over 600+ employees 

combined participated in the sessions which fostered cross cultural communication, 

social awareness and inclusiveness.

• Together We Learn Event – The USDA Forest Service’s Office of Civil Rights held 

a two (2) day event on November 13-14, 2019, in Tucson, Arizona. Agency Specialists 

conducted a variety of workshops including: Civil Rights Impact Analysis; 

Compliance Reviews; Processing Program Discrimination Complaints; Agency 

Position Statements; and Civil Treatment Training. All Agency Equal Opportunity 

Specialists and Civil Rights Directors interested in learning more about the Equal 

Opportunity Program were invited to attend the event.

• Limited English Proficiency Staff Training – Training was one of four key focus 

areas for the LEP Program in FY 2020. Significant accomplishments in this area 

include the development and publication of two (2) self-paced learning modules in 

AgLearn, providing an introduction to the USDA Forest Service Language Access 

Plan and foundations of Needs Assessment. In person training was also conducted, 

with six (6) modules delivered to the agency-wide working group, four (4) tailored 

trainings were delivered to forests, regional civil rights groups, and Washington Office 

staff, as well as, one open enrollment virtual training sponsored by two (2) CR zones 

for employees across the Agency. The effect of this training effort is to meet employees 

where they are and provide the knowledge needed to reduce or eliminate Limited 

English Proficiency as a barrier to access.

VI. Finding of Discrimination

A. Trends – In FY 2020, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) and the 

Equal Employment Opportunity Commission (EEOC) issued a combined total of 85 Final Agency 

Decisions/Actions to the USDA Forest Service. Comparatively, to FY 2019, a total of 126 Final 

Agency Decisions/Actions were issued to the USDA Forest Service.

B. Causal Analysis – In FY 2020, the USDA, Office of the Assistant Secretary for Civil Rights 

(OASCR) and EEOC issued a combined total of 85 Final Agency Decisions/Actions to the USDA 

Forest Service. The Agency’s records indicates the following:

o There were six (6) findings of discrimination with bases/issues as follows:
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• Zone 1/Law Enforcement and Investigations (LEI) – Disability (Mental) –

Non-Sexual Harassment rendered by the Office of the Assistant Secretary for 

Civil Rights (OASCR)

• Zone 2/Region 03/Southwestern Region – 4 Cases – Sex/Reprisal – NonSexual Harrassment, Terms/Conditions of Employment, Appointment/Hire, 

Assignment of Duties, Training, Perf. Eval./Appraisal, and Disciplinary Action 

(Reprisal) rendered by the EEOC during an Administrative Hearing.

• Zone 2/Region 04/Intermountain Region – Reprisal – Pay Including Overtime

and Assignment of Duties rendered by the Office of the Assistant Secretary for 

Civil Rights (OASCR)

o 10 complaints were procedurally dismissed

o 37 Final Agency Decisions (FAD) with no finding of discrimination

o 36 Final Agency Actions with and Administrative Judge Decision

In FY 2019, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) issued 126 Final 

Agency Actions to the USDA Forest Service. The Agency’s records indicates the following:

o There were two (2) findings of discrimination with bases/issues as follows:

• Zone 3/Region 05/Pacific Southwest Region – Disciplinary Action 

(Suspension), Disability, Harassment (Non-Sexual). Reasonable 

Accommodation, rendered by the EEOC during an Administrative Hearing

• Zone 2/Region 04/Intermountain Region – Reasonable Accommodation, 

Disability, Termination, and Harassment (Non-Sexual), rendered by an 

OFO/EEOC Appeal

o 12 complaints were procedurally dismissed

o 66 Final Agency Decisions (FAD) with no finding of discrimination

o 46 Final Agency Actions with an Administrative Judge Decision1

C. Knowledge Gained – The USDA Forest Service was issued a total of four (4) findings of 

discrimination in FY 2020, which is an increase to the two (2) findings of discrimination issued in 

FY 2019. The FY 2020 two (2) findings of discrimination were issued by the Equal Employment 

Opportunity Commission and two (2) findings of discrimination were issued by the Office of the 

Assistant Secretary for Civil Rights (OASCR).

D. Actions Taken or Planned – The USDA Forest Service continually develops, conducts, monitors, 

and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees 

and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, 

policies, practices, procedures, and requirements. In an effort to reduce the number of findings of 

discrimination in our Agency, the USDA FS is working hard to create and/or maintain the following 

programs:

1 The Final Agency Actions with an Administrative Judge Decision was annotated incorrectly in FY 2019. The correct total 

was changed from 49 to 46.
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• Psychological Safety for Employees – In FY 2020, the USDA Forest Service’s 

leadership recognized how psychological, social, and physical safety interconnects 

with performance and success in fire related working environments. Since the 

wildland fire environment is complex, uncertain, and hazardous, fire personnel need to 

function in a state of “total readiness”. This means that good decision making in 

complex and uncertain environments by field and office personnel requires 

psychological and social safety, as a foundation. Fire and Aviation Management’s 

Work Environment program manager emailed survey questions and hosted discussions 

amongst Washington Office Fire and Aviation Management staff centered around this 

topic. Improving our work environment, increasing understanding of how we can 

better support our employees and demonstrating our commitment to employee safety 

and well-being are the goals.

• Reasonable Accommodation Efficiencies – The USDA Forest Service focused on 

timeliness rates of reasonable accommodation processing in order to meet the Equal 

Employment Opportunity Commission (EEOC)’s requirements to ensure all cases are 

processed within 90% of prescribed timeframes. In FY 2020, efforts have been made 

to enhance the efficiency of the Reasonable Accommodation process, while filling the 

Reasonable Accommodation Branch Chief position with someone who is leading the 

effort. The processing overall rate for FY 2019 was 78.5% timely. There has been an 

increase for FY 2020 to 92.5% timeliness, which is above the 90% requirement. The

USDA Forest Service has continually strived to increase their focus on making the 

Reasonable Accommodation process more efficient and in compliance with processing 

timelines.

• LERIS for Reasonable Accommodations – The Civil Rights Office (CRO) 

piggybacked off a Human Resources Management’s (HRM) contract to use the Labor 

and Employee Relations Information System (LERIS). The LERIS was selected by 

CRO to be the optimum database to trace and track FS Reasonable accommodation 

(RA) cases. Modifications to the LERIS had to be made for the CRO because the 

database only tracks information on a calendar basis instead of business days as 

outlined in Departmental Regulations (DR), Reasonable Accommodation and Personal 

Assistance Services Policy and Procedures, DR 4300-008. The Reasonable 

Accommodation Branch Chief and a RA Specialist worked directly with LERIS 

vendors to develop a new tracing system that would track cases by business days. It 

was anticipated that once fully operational the CRO modifications will have the 

greatest impact on RA processing and meetings the timeframes established by the RA 

Directive. The CRO’s successful prototype version was operational in March 2020.

Currently, the revised CRO LERIS database sends out reminders to Specialists and the 

Reasonable Accommodation Branch Chief to help meet mandatory thirty (30) business

day timelines. The LERIS also schedule reminders for thirty (30) calendar days, giving 

Specialists fifteen (15) days to close-out cases.

• Victim-Centered, Trauma Informed Approach to Harassment – In FY 2020 the 

Policy, Analysis, and Accountability focus area of the Work Environment and 

Performance Office (WEPO) continuously worked to improve the Anti-Harassment 
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customer experience by updating standing operating procedures to the Harassment 

Reporting Center and Case Management Liaison process based on input from Agency 

employees. Through coordination with other focus areas within WEPO they assisted 

in the development of the Employee Resource Guide, informational webinars, as well 

as, infographic posters that went out to each Regions and Stations throughout the 

USDA Forest Service in order to connect employees with resources available to help 

address workplace conflict.

In FY 2021 the updated Anti-Harassment Policy will be issued, and all related standard 

operating procedures (SOP) will be updated as well in order to continue efforts to 

improve the Anti-Harassment process.

• Writing an EEO Settlement Agreement – The Office of Civil Rights developed and 

delivered a two-hour presentation to twenty-three (23) Civil Rights practitioners. The 

presentation provided best practices for writing an EEO Settlement Agreement.

• CyberFEDS eLearning Training for Civil Rights Staff – The Office of Civil Rights 

purchased a comprehensive education package consisting of fourteen (14) one-hour 

modules of training on the following topics:

• EEO Counseling: Complying with Regulations, Working Toward Resolution

• EEO Case Law Update: Part I – The EEO Process

• EEO Case Law Update: Part II – Findings on the Merits and Damages

• Discriminatory Harassment: Understanding and Applying the Law

• The Nuts and Bolts of the Reasonable Accommodation Process

• Motions, Hearings, and Sanctions in the Federal EEO Process

• Advanced Actions and Complex Cases in the Federal EEO Process

• Applying Disability Laws when Identifying Employees with Disabilities

• The Federal EEO Administrative Complaint Process: From Counseling to 

Remedies

• Resolve Federal Workplace EEO and Labor-Management Issues Using ADR

• Developing a Model EEO Program by Complying with MD-715

• Equal Opportunity Hiring and Promotion for Individuals with Disabilities

• Conducting Timely and Effective EEO Investigations

• Diversity and Inclusion in the Federal Workplace

In FY 2020, forty-six (46) civil rights practitioners completed the training. 

Additionally, the package meets EEOC’s requirement for EEO Counselor and 

Mediator refresher training; eight (8) EEO Counselors/Mediators completed their 

refresher training.

• Special Emphasis Program Manager (SEPM) Training – The Office of Civil Rights 

procured services from Rushford and Associates to deliver training on a Specials 

Emphasis Program Manager’s duties and responsibilities. The training objectives 

included:

• Identify individual roles as Special Emphasis Program Managers
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• Understand the overall EEO and AAP process and laws 

• Outline the roles and responsibilities of EEO officials

• Evaluate management policies and practices for SEP ramifications

• Work with management and employees to overcome employment barriers

In FY 2020, Forty (40) USDA Forest Service employees attended this two-day (16-

hours) course.

• Work Environment Performance Office – The Work Environment and Performance 

Office (WEPO) was established in the fall of FY 2018. WEPO focus its efforts to 

improve and sustain a culture in which all employees feel safe, secure, valued, 

respected, and supported for delivering of the priority work for the Agency. WEPO 

seeks to diagnose and address the root causes and cultural barriers to emotional and 

physical safety, security, diversity, and inclusion in the work environment. The 

following events were accomplished in FY 2020:

• The USDA Forest Service executed This is Who We Are Ambassador Training 

for FS employees.

• The USDA Forest Service conducted new Experienced Supervisor training 

with over 700+ supervisors being trained.

• The USDA Forest Service improved the National New Employee Orientation, 

and Middle and Senior Leadership Programs by incorporating This is Who We 

Are language in the programs.

• The USDA Forest Service is also continually implementing work environment 

performance measurements for supervisors and employees.

• The USDA Forest Service drafted and implemented new performance 

standards for Work Environment and Safety for all USDA Forest Service 

employees starting FY 2021.

• Written Language Translation – The USDA Forest Service Limited English 

Proficiency (LEP) Program facilitated written translation of approximately 190 

documents into languages other than English. This enabled limited English proficient 

individuals and communities to have meaningful access to Agency conducted 

programs, services, and activities. Translated documents included special use permits, 

signs, Forest Plan, maps, video script, news releases, and a forest mobile application. 

The top requested language translations were Spanish, Korean, Russian, and Hmong.

• Oral Interpretation Telephonic Calls – A total of five (5) telephonic oral interpreter 

requests were made to assist Agency staff with interpretative services. By providing 

language services over the phone, oral interpreters allow the USDA Forest Service 

personnel to interact with members of the public who may have limited or no English 

speaking ability. While numbers were down compared to previous years, significant 

agency work was made possible through this line, including witness interviews for law 

enforcement investigations and the marketing of forest products.
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• Partnerships – The USDA Forest Service supported an ongoing partnership with 

Corazón Latino, AFCA Agreement. The program engages Hispanic and diverse 

audience outreach with important conservation messages and actions on the topics of 

sustainable urban and rural forest management, citizen science, pollinator 

conservation/habitat restoration, nature viewing and ecotourism, engagement in urban 

and rural forest restoration, ecosystem management, youth leadership, and career 

development opportunities in natural resource conservation and management. This 

program also plays a significant role in supporting USDA Forest Service endeavors to 

reach Limited English Proficiency (LEP) audiences by implementing grassroots and 

strategic communications projects and campaigns at local, national, and international 

levels. In collaboration with the LEP Program, Corazón Latino will create and conduct 

a minimum of three (3) webinar trainings for USDA Forest Service personnel and 

partners on topics, tools, and resources available to reach diverse communities.

VII. Average Length of Time to Complete Each Stage of the Complaint Process – Once a formal 

complaint is filed, the Office of the Assistant Secretary for Civil Rights is responsible for accepting or 

dismissing the complaint and conducting and completing an investigation. EEO regulations specifies 

that this process must be completed within a 180 days. In FY 2020, the average number of days a case 

was in the investigation stage was 182 days. In comparison to FY 2019, the average number of days a 

case was in the investigation stage was 146 days. The reason for rise in the average number of days in 

FY 2020 investigations exceeding the 180-day timeframe was due to the Coronavirus Disease 2019 

(COVID-19) pandemic. The COVID-19 pandemic has had major impacts on all aspects of life, including 

instructions of Federal sector EEO complaints. During the impact of the virus, people are attempting to 

balance safety needs with the statutory and regulatory responsibilities. In addition, during this time, the 

Agency has had a number of amended cases, whereby, Complainants added addition issues to their 

original complaints. On April 06, 2020, EEOC issued a memorandum to the Federal agencies regarding 

the processing of Federal sector EEO complaints covered by 29 CFR Part 1614 in consideration of the 

National Emergency. The link to the aforementioned memorandum is https://www.eeoc.gov/updateapril-6-2020-memorandum-processing-information.

The USDA’s role is to ensure a Hearing Request is processed within fifteen (15) days of receipt of the 

election form from either the Complainant or the EEOC. In FY 2020, the average number of days a 

complaint was in the EEOC hearing process was 1046 days. In comparison to FY 2019, the average 

number of days a complaint was in the EEOC hearing process was 1158 days. Of all the stages of the 

complaint process, the final agency actions stage took the greatest number of days. In FY 2020, the 

average number of days of the final agency actions was 1613 days. In comparison to FY 2019, the 

average number days of the final agency actions was 1428 days.

VIII. Pending Complaints Filed in Previous Fiscal Year (FY) – In FY 2020, there were a total of 203

complaints on-hand at the beginning of the reporting period, which is a substantial decrease from the 267

pending complaints in FY 2019. There are a number of contributing factors for the carryover of 

complaints in FY 2020, decreases in the number of Complainants participating in Alternative Dispute 

Resolution (ADR) in the formal stage and outstanding cases pending before the EEOC.

IX. Total Number of Pending Complaints where Investigations Exceed the Required Timeframes –

The USDA, Office of the Assistant Secretary for Civil Rights (OASCR), Employment Investigation 
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Division (EID) has complete responsibility for the management of the investigation process. Under a 

renewable Service Level Agreement (SLA), the OASCR, EID compiles all relevant information and 

create reports of investigations (ROIs). The USDA Forest Service is only responsible for assisting in 

providing point of contacts, obtaining relevant documents, and ensuring the cooperation from witnesses.

In FY 2020, a total of 78 investigations were completed for the USDA Forest Service. Of the 78

investigations completed, 47 were completed within the prescribed timeframe of 180 days or less, 

resulting in 60.26% completion rate.

In FY 2019 a total of 114 investigations were completed for the USDA Forest Service. Of the 114

investigations completed, 89 were completed within the prescribed timeframe of 180 days, resulting in 

78.07% completion rate.

In FY 2020, the averaging processing days for the Agency’s responses to document requests for 

investigations were 13 days. The USDA Forest Service’s Service Level Agreement requires the Agency 

to respond within 15 days of receipt of a request.

X. Posting of No FEAR Statistical Data – In support for adhering to the provisions of the No FEAR Act, 

the USDA Forest Service has linked its Quarterly No FEAR statistical data to the USDA’s public website 

at: https://www.usda.gov/nofear. Under the No FEAR Act, in addition to quarterly data postings, all 

Federal Agencies are required to post summary statistical EEO complaint data for the last five (5) fiscal 

years. The USDA Forest Service continues its focus on addressing workplace issues by verifying the 

distribution of quarterly statistical data trends for the public record. Quarterly summary statistical data is 

posted as links on both the USDA Forest Service public website 

(http://fsweb.wo.fs.fed.us/cr/reports.html) as it pertains to EEO complaints filed, as well as, on the USDA 

public website https://www.usda.gov/nofear. The No FEAR Act quarterly data is reported via a direct 

feed from reports generated from MicroPact iComplaints.

No FEAR Training Requirements – The Agency is consistently providing bi-annual No FEAR 

Refresher training to all FS employees on a basis which is consistent with an employee’s No FEAR 

Comprehensive completion date. In addition to the No FEAR Refresher training, new employees also are 

assigned the No FEAR Comprehensive training during their onboarding process. This 508 compliant 

training is available to all employees (permanent/seasonal/temp/students) either electronically, via hard 

copy or in person. Through this effort, the USDA Forest Service is able to continually reinforce USDA’s 

commitment to the establishment of a workplace that is free from discrimination, harassment, and 

retaliation. Managers, supervisors, and employees are held accountable for their part in ensuring that all 

customers, employees, applicants, constituents, and stakeholders are treated in accordance with USDA 

Civil Rights policies and applicable legal requirements. The commitment and dedication of the USDA 

Forest Service towards ensuring their work environment is free of harassment and discrimination for all 

employees is evident among the positive trends that were demonstrated in the FY 2019 No FEAR Report 

and is also demonstrated in this report.

Agency’s Process for Providing the Annual No FEAR Notice to its Employees – The Agency is 

consistently providing initial comprehensive No FEAR training to new employees, as well as, bi-annual 

No FEAR Refresher training to all employees on a basis which is consistent with an employees’ No FEAR 

Comprehensive completion date. This 508c training is available to all employees either electronically 

through AgLearn, via hard copy through the Workforce Education and Development Office, Civil Rights 

Zone Directors, or online at the Civil Rights Intranet page at 
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http://fsweb.wo.fs.fed.us/cr/training/training.php. Additionally, the No FEAR Act information is posted 

in common areas throughout the Agency.

In FY 2020 there were 37,561 active employees, of which 1251 were new employees with less than 90 

days of time in service by the end of FY 2020. In FY 2020, 36,177 employees were required to complete 

either the initial Comprehensive No FEAR Act training or the bi-annual No FEAR Act refresher training.

By the close of FY 2020, 33,207 employees completed the training, resulting in a 92 percent success rate. 

The data is not 100 percent accurate. Many employees/supervisors could not self-certify due to wilderness 

fires, COVID-19, and other extenuating circumstances. There are at least 42 employees that completed 

the training; however, keep showing on the No FEAR Incomplete List, their numbers were calculated as 

completed training. The USDA Forest Service is committed to USDA’s policies and goals; and 

continually notifies its employees on an annual basis regarding EEO policies. The USDA Forest Service 

continues to reinforce USDA’s commitment to the establishment of a workplace that is free from 

discrimination, harassment, and retaliation.