USDA Forest Service

Fiscal Year 2019 Notification and Federal Employee Antidiscrimination and 

Retaliation (No FEAR) Act Annual Report

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Introduction

This No FEAR Act Report provides Fiscal Year (FY) 2019 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 Act of 2002 (No FEAR Act). For ease of reading, this 

document is divided into sections that follows 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 2019 data first, followed by comparative data for FY

2018.

I. Number of Complaints Filed

A. Trends – In FY 2019, 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 2019 complaints per capita rate was 0.28% comparative to the U.S. Department of Agriculture 

FY 2019 complaints per capita rate of 0.48%. The USDA Forest Service has experience a 

consistent downward trend in formal complaint activity for the past three (3) years. In FY 2019 a 

total of 100 formal complaints were filed, comparative to FY 2018 when a total of 141 formal 

complaints were filed.

B. Causal Analysis:

o In FY 2019, 100 formal complaints were filed.

o In FY 2018, 141 formal complaints were filed.

C. Knowledge Gained – In FY 2019, the USDA Forest Service experienced a –29.08% decrease in 

the number of formal complaints filed compared to FY 2018. In FY 2019, there were 100 formal 

complaints filed comparative to the 141 formal complaints filed in FY 2018. The data shows that 

the USDA Forest Service’s efforts to address the work environment and improve the Equal 

Employment Opportunity (EEO) pre-complaint process are beginning to positively impact 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 FS 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 and conducted 

throughout the USDA Forest Service:

• Listen and Learn Sessions – The objective of the Listen and Learn Sessions were to 

listen to our employees. All Managers and Supervisors, accompanied by a Civil 

Rights Specialist, held open forums on the USDA Forest Service work environment. 

All employees were given the opportunity to meet with their leadership to express 

their views, thoughts, concerns, and ideas concerning the work environment. They 

also address issues concerning harassment, bullying, and reprisal. Likewise,
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leadership had the opportunity to articulate the characteristics of a healthy work 

environment.

• Stand-up for Each Other Sessions – This initiative was designed for all USDA FS 

employees’ engagement. The one-day event encompassed four (4) modules: (1) First 

Safety Engagement and follow-up with build in return engagements; (2) Introduction

of “This is Who We Are: Our Code and Commitments;” (3) Three (3)-hour AntiHarassment training featuring a video by National Leadership Council; (4) 

Discussions on what employees and managers heard during the Listen and Learn 

Sessions.

• Employee Advisory Group – This 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.

• Senior Advisor Created – A Senior Advisor for work environment issues was 

created in the Immediate Office of the Chief.

• Changing Cultural Norms – The USDA Forest Service refocused annual learning 

requirements for all employees. The Agency developed and delivered antiharassment training to all USDA FS employees. USDA exceeded its goal as 99% of 

employees were certified as completing USDA’s annual civil rights training 

requirements to ensure all employees have the skills to effectively address 

harassment.

• Trailblazer in Improving the USDA Complaint Process – The USDA Forest 

Service led the evaluation, development, and implementation of new processes and 

efficiencies to improve the quality and timeliness of USDA FS’ discrimination 

complaint processes. This included, the creation of new electronic standard operating 

procedures for aspects of the complaint process which create a lasting efficient 

process across the organization. These were developed so they could be utilized by 

all of USDA. Efforts to improve the pre-complaint processing resulted in a 

substantial reduction in Agency response time to EEO document requests, and 

counselor reports being completed within the Agency statutory timeframes.

• 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. Upon approval of a Settlement 

Agreement, the draft Agreement is finalized and forwarded to the RO Program 

Manager, Resolving Official, and Technical Advisor, on behalf of the Associate 

Deputy Chief for Business Operations, to ensure the Agreement is legally sufficient 

prior to obtaining signatures from all the required stakeholders. The RO Program 

Manager ensures each term in an Agreement is implemented within an adequate 

timeframe while ensuring the terms in the Agreement are sufficiently capable of 

being complied with supporting documentation once fully implemented.

In FY 2019, the Civil Rights Office provided training to seven (7) senior managers 

that will be actively participate on the resolving official cadre. In FY 2018, training 
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was provided to fifteen (15) senior managers. The Agency has successfully trained a 

total of sixty-three (63) senior managers to participate on the resolving official cadre.

The Agency’s goal is to train ninety-five (95) percent of the USDA Forest Service 

senior managers on the ADR process so they can participate on the resolving official 

cadre, when required.

• Agency Anti-Harassment Policy Expanded – The USDA Forest Service updated 

and broadened the Agency Anti-Harassment Policy to focus on a commitment to 

eliminate harassment through personal responsibility and accountability.

• Civil Rights and Human Resources Management Informational 

Packets/Booklets – Over 700 packets/booklets were widely distributed this fiscal 

year. The packets/booklets are designed separately, one for employees and another

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

participants at training sessions because each packet/booklet contains a wealth of 

information. The information in the packet/booklet is comprised of current policies 

and a listing of contacts of Civil Rights staff, Forest Civil Rights Officers, and 

HRM/Employee Relations staff. Also included in the information packet are 

resources and processes that are available to 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 2019, the number of Complainants that filed complaints were 88, resulting in a 

significant decrease from the prior fiscal year. In FY 2018, the USDA Forest Service had a total of 

130 Complainants that filed complaints.

B. Causal Analysis:

o In FY 2019, 88 number of Complainants

o In FY 2018, 130 number of Complainants

C. Knowledge Gained – In FY 2019 the USDA Forest Service experienced a –32.31% decrease in the 

number of Complainants filing formal complaints comparative to FY 2018. In FY 2019, there were 

88 individuals that filed formal complaints comparative to 130 individuals that filed formal 

complaints in FY 2018.

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 improving

work environments; the USDA FS has created the following programs to further identify, inform, 

and assist USDA FS employees and managers in obtaining an atmosphere that is conducive to all 

USDA FS employees:

• 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
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process, and where to reach out; (3) ensures unit leaders are aware of and take action 

on 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 

anti-harassment. The training also included 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.

• Harassment Reporting Center (HRC) – The USDA Forest Service launched a new 

service for employees that provides a single, dedicated resource for reporting all 

forms of harassment. Employees can reach a HRC Representative seven days a 

week. The Center is operated by skilled and extensively trained contracted 

individuals.

• Sexual Misconduct Investigators – The USDA Forest Service expanded use of 

contract and other Federal Investigators for sexual misconduct investigations in 

response to a recent USDA Office of Inspector General recommendation. This 

initiative was originally implemented in Region 5 (West Coast), but is now used 

nationally.

III. Number of Repeat Filers

A. Trends – In FY 2019 the number of Repeat Filers were 10, which was a minimum increase from 

FY 2018. In FY 2018 the USDA Forest Service had a total of 9 Repeat Filers.

B. Causal Analysis:

o In FY 2019, 10 number of Repeat Filers

o In FY 2018, 9 number of Repeat Filers

C. Knowledge Gained – In FY 2019, the USDA Forest Service experienced an 11.11% increase in 

repeat filings of formal complaints as compared to FY 2018. In FY 2019, there were 10 repeat 

filings comparatively to the 9 repeat filings in FY 2018. The minimum increase is still low 

comparatively to some prior years of repeat filing in the last five (5) years.

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 FS 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 FS has created and maintained the following programs within the past few years:

• Workplace Environment Assessment – An independent contractor was acquired to 

complete a workplace environment assessment of Region/Station/Area employees. 

The study was undertaken with a specific intent of collecting data about the work 
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environment for women, putting a special emphasis on women within the fire 

organization.

• Conflict Management & Prevention Center (CMPC) – In spite of the Fiscal Year 

2019 Federal Government Furlough, the Agency’s Non-EEO Alternative Dispute 

Resolution (ADR) Program (Conflict Management and Prevention Center) resulted 

in the delivery of 3,024 service-wide ADR activities. Included in the ADR activities 

is the delivery of 136 training sessions throughout the USDA FS reaching 6,754 

USDA Forest Service employees (1,538 supervisors and 5,216 non-supervisory 

employees).

• Supervisors’ Performance Metric – The USDA Forest Service implemented new 

performance management metric on the work environment for supervisors.

IV. Number of Bases Alleged in Complaints

A. Trends – In FY 2019, a total of 100 formal complaints were filed, comparative to the 141 formal 

complaints filed in FY 2018. The analysis below provides the number of bases alleged in formal 

complaints and the percentage to the 100 cases filed in FY 2019 and 141 cases filed in FY 2018. 

Additionally, the differential shows either a comparative increase or decrease, by number and 

percentage, for each bases alleged in FY 2019 and FY 2018.

B. Causal Analysis – In FY 2019, 100 formal complaints were filed and the most frequently cited 

bases alleged in complaints, are as follows:

o Reprisal: 61 bases 61.00%

o Disability: 40 bases 40.00%

o Sex 33 bases 33.00%

o Age 30 bases 30.00%

o Race 29 bases 29.00%

In FY 2018, 141 formal complaints were filed and the most frequently cited bases alleged in 

complaints, are as follows:

o Reprisal: 86 bases 60.99%

o Disability: 58 bases 41.13%

o Sex 58 bases 41.13%

o Age 42 bases 29.79%

o Race 33bases 23.40%

In FY 2019, alleged Bases increased or decreased comparative to FY 2018, as follows:

o Complaints based on Reprisal decreased by –17.73%.

o Complaints based on Disability decreased by –12.77%.

o Complaints based on Sex decreased by –17.73%.

o Complaints based on Age decreased by –8.51%.

o Complaints based on Race decreased by –2.84%.
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C. Knowledge Gained – In FY 2019, the USDA Forest Service experienced a considerable amount of 

decreases in a number of bases filed in formal complaints as compared to FY 2018. 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 the following 

programs in FY 2019 and/or will continue in FY 2020:

• 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.

• Agency-Wide Work Environment Assessment/Survey – During the summer of 

2019, the USDA Forest Service conducted an agency-wide work environment survey 

on employees’ experiences with harassment, hostility, incivility and other workplace 

experiences. The survey results will be used to inform activities that improve the 

workplace environment.

• 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.

• Increasing Employee Awareness – The USDA Forest Service developed web-based 

tools as part of a SharePoint portal to improve acumen and skills of the USDA FS 

workforce involving Civil Rights and the work environment to include: 1) a new 

outreach site and playbook for hiring manager, 2) a new work environment, inclusion 

pilot portal with a newly developed Special Emphasis Program Handbook, 3) a 

revised program discrimination site to include five new training modules, 4) new 

telework guidance for the Reasonable Accommodation process distributed to the 

USDA FS workforce, 5) an updated Conflict Management & Prevention Center

website, 6) developed three accessibility training modules: Color Blindness; 

Effective and Accessible Communications; and Service Animals were also added to 

the menu of work environment modules. These tools help support the USDA FS’ 

goals in creating a safe, respectful, and resilient work environment.

V. Number of Issues Alleged Complaints

A. Trends – In FY 2019, a total of 100 formal complaints were filed, comparative to the 141 formal 
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complaints filed in FY 2018. The analysis below shows the number of issues alleged in formal 

complaints and their percentage for FY 2019 and FY 2018. Additionally, the differential shows 

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

2019 and FY 2018.

B. Causal Analysis – In FY 2019, 100 formal complaints were filed and the most frequently cited 

issues were alleged in formal complaints, are as follows:

o Harassment Non-Sexual 53 issues 53.00%

o Terms/Condition of Employment 39 issues 39.00%

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 Time and Attendance 14 issues 14.00%

In FY 2018, 141 formal complaints were filed and the most frequently cited issues alleged in 

complaints, are as follows:

o Harassment Non-Sexual 96 issues 68.09%

o Terms/Condition of Employment 34 issues 24.11%

o Promotion/Non-Selection 18 issues 12.77%

o Assignment of Duties 28 issues 19.86%

o Perf. Eval./Appraisal 17 issues 12.06%

o Time and Attendance 23 issues 16.31%

In FY 2019, alleged issues increased or decreased comparatively to FY 2018, are as follows:

o Complaints based on Harassment Non-Sexual decreased by –44.79%.

o Complaints based on Terms/Condition of Employment increased by 14.71%.

o Complaints based on Promotion/Non-Selection increased by 22.22%.

o Complaints based on Assignment of Duties decreased by –25.00%.

o Complaints based on Perf. Eval. /Appraisal remained the same by 0.00%.

o Complaints based on Time and Attendance decreased by –39.13%.

C. Knowledge Gained – In FY 2019, the USDA Forest Service experienced fluctuations in the 

number of issues filed in formal complaints as compared to FY 2018. 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 
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maintained the following programs:

• Improving the Work Environment – 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 that were 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.

• 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 – Three (3) USDA Forest Service 

Regions conducted LEP training for their personnel. The LEP Working Group 

developed a basic LEP training that units should use as a training for staff having the 

potential to interact or communicate with LEP individuals. This training provides the 

knowledge needed by the employee to access language assistance services.

• New Exit Survey – The USDA Forest Service plans to implement a new exit survey 

to monitor and measure how the work environment influence employees decisions to 

leave the Agency.

• Sexual Violence and Harassment Awareness Pocket Card – The USDA Forest 

Service created the Sexual Violence and Harassment Awareness Pocket Card. The 

pocket card includes USDA Forest Service resources, such as the Harassment 

Reporting Center, Civil Rights contact information, and Employee Assistance 

Program contact information. National resources, such as Rape, Abuse, and Incest 

National Network (RAINN), and the National Domestic Violence Hotline are also 

included on the pocket card. The card also defines what consent is, and is not, and 

outlines what to do if unwanted sexual contact, assault, or violence occurs. The 

Sexual Violence and Harassment Awareness Pocket Cards were given to employees 

during the Listen and Learn Sessions, and they were also handed out to 

seasonal/temporary employees during orientations.

• Work Environment and Performance Office (WEPO) – The Work Environment 

and Performance Office was established in the fall of FY 2018, the office focus its 

efforts on improving and sustaining a culture in which all employees feel safe, 

secure, valued, respected, and supported as they deliver the priority work of the 

Agency. The WEPO seeks to diagnose and address the root causes and cultural 
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barriers to emotional and physical safety, security, diversity, and inclusion in the 

work environment.

• Respectful Workplace and Sexual Misconduct and Response Training – The 

Civil Rights Office presented Respectful Workplace and Sexual Misconduct and 

Response Training (SMART) to employees in the region. Respectful Workplace was 

a face to face training about both the policy and law based training on harassment and 

discrimination, creating a respectful workplace to avoid complaints.

Sexual Misconduct and Response Training (SMART) – SMART has a strong focus 

on education and awareness of the prevention of sexual misconduct. The training 

session centers on the identification and scope of the prevention of sexual 

misconduct, bystander intervention, victim support, and the role alcohol plays in 

sexual misconduct, as well as, local and regional community resources.

VI. Finding of Discrimination

A. Trends – In FY 2019, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) 

issued 126 Final Agency Actions for the USDA Forest Service. Comparatively, to FY 2018, a total 

of 1291 Final Agency Actions were issued to the USDA Forest Service.

B. Causal Analysis – In FY 2019, the USDA, Office of the Assistant Secretary for Civil Rights 

(OASCR) issued 126 Final Agency Decisions to the USDA Forest Service. The USDA FS records 

indicates the following:

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

• Reasonable Accommodation/Disability/Harassment (Non-Sexual), rendered by 

the EEOC during an Administrative Hearing

• Reasonable Accommodation/Disability/Terms/Conditions of 

Employment/Harassment (Non-Sexual), rendered by the EEOC during an

Administrative Hearing

o 12 complaints were procedurally dismissed

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

o 49 Final Agency Actions with and Administrative Judge Decision

In FY 2018, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) issued 1291

Final Agency Actions to the USDA Forest Service. The USDA FS records indicates the following:

o There was one (1) findings of discrimination based on Sex (Equal Pay Act), 

rendered by the EEOC during a Hearing

 1 The USDA Forest Service did not include an EEOC dismissal of a Final Agency Actions in the FY 2018 No FEAR Act 

Report, which brought the total to 129 instead of the 128 Final Agency Actions reported.
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o 242 complaints were procedurally dismissed

o 60 Final Agency Decisions (FAD) with no finding of discrimination

o 463 Final Agency Actions with an Administrative Judge Decision

C. Knowledge Gained – In FY 2019, there was minor increase with regards to the number of findings

of discrimination, as compared to FY 2018. The USDA Forest Service received two (2) findings of 

discrimination that were issued by the Equal Employment Opportunity Commission, Office of 

Federal Operations (OFO) in FY 2019.

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:

• Bystander Intervention – The USDA Forest Service provided bystander 

intervention training to employees throughout the Agency, educating employees on 

how to safely intervene when they witness unacceptable behaviors. Over 7,000 

employees were trained. Courses on preventing bullying and violence, handling 

conflict, and taking action to empower employees are also available to all USDA FS 

employees through webinars and in-person sessions.

• 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. Efforts have been made to enhance 

the efficiency of the Reasonable Accommodation process, with filling the 

Reasonable Accommodation Branch Chief position with a detailed employee who is 

leading the effort. The processing overall rate for FY 2019 was 78.5% timely. There 

has been an increased focus on making the Reasonable Accommodation process 

more efficient and in compliance with processing timelines.

• Victim-Centered, Trauma Informed Approach to Harassment:

Support: In April 2019, Case Managers were hired and put in place to oversee all 

anti-harassment reports and ensure that all cases are processed in a timely manner, 

and that managers and supervisors understand their roles and responsibilities, 

including taking preventative measures and ensuring safety. In September 2019, 

Case Management Liaisons were added to assist all affected individuals in 

understanding the process and timelines and the other resources available to them. 

They personally contact each affected individual when a report is initially made and 

 2 The USDA Forest Service did not include an EEOC dismissal in the FY 2018 No FEAR Act Report, which changed the total 

to 24 dismissed complaints. 3 After further research, the Agency had a total of 46 Final Agency Actions with an Administration Judge Decision instead of 

the 44 reported in the FY No FEAR Act Report. There were 42 no findings, 1 finding, 1 dismissal and 2 cases were not fully 

implemented. There were a total of 3 findings rendered by the EEOC, but the Agency appealed 2 of the 3 Findings. 

Therefore, the cases were not counted as findings, instead not fully implemented cases.
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when it is ready for closure. This has helped to ensure we implement a victimcentered, trauma-informed approach to harassment.

Training: In September 2019, the National Organization for Victim Assistance 

provided training to all Case Managers and Case Manger Liaisons on ensuring that 

they approach each situation with care, and not harm, or re-trigger affected 

individuals. The training revolved around the human biological and psychological 

impact and of trauma and harm, and how that may affect how individuals respond, 

especially during investigations. The training also provided an overview of the type 

of support and care victims need. This effort has made the anti-harassment program 

much more responsive to employee’s needs.

• Communicating Across Differences (CAD) Workshop – In a continuing effort to 

improve the working environment, a new workshop titled “Communicating Across 

Differences (CAD)” was developed and launched in the region by the Pacific 

Southwest Region Civil Rights Service Center for the purpose of engaging with 

employees and promoting a better understanding of cross-cultural communication. 

Thirteen (13) workshops were presented to a total of 231 employees, with full 

participation. Although the completion of an evaluation form was optional, 186 

(81%) evaluation forms were completed by the employees and feedback was 

overwhelmingly positive. Consequently, based on the positive feedback received and 

successful participation, the Regional Leadership is supporting additional deliveries 

of the workshop. In FY 2020, the Agency’s goal is to engage additional CAD 

workshops in the field (18 National Forest) to be delivered to employees (nonsupervisory) only.

• Dignity & Respect Challenge – The USDA Forest Service continually challenge its 

employees to be respectful and kinder to each other. The objective of the challenge 

is to help employees understand that words do matter and how we interact and 

engage with each other sets the tone for the work environment.

• Public Information Officer (PIO) Pocket Card – The USDA Forest Service 

created and distributed the 2018 Public Information Officer (PIO) Pocket Card, 

which includes positive language to build a better workplace. The card states: “We 

will not tolerate behavior that makes our colleagues or the people in the communities 

we serve unsafe in any way, including harassment, bullying, assault or retaliation.” 

The pocket card is still being distributed to USDA FS employees.

• Work Environment Performance Office – The Work Environment and 

Performance Office (WEPO) was established the fall of FY 2018. The WEPO focus 

its efforts to improve and sustain a culture in which all employee feel safe, secure, 

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

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 2019:

o The USDA Forest Service offered bystander training throughout the Agency
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o The USDA Forest Service conducted a “Recognize and Stop Retaliation” 

training

o The USDA Forest Service executed an Agency-wide climate assessment

o The USDA Forest Service reviewed and improved the Anti-Harassment 

Policy 

o The USDA Forest Service is also continually implementing work 

environment performance measurements for supervisors and employees

• Written Language Translation – The USDA Forest Service Limited English 

Proficiency (LEP) Program facilitated written translation of approximately 230 

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, and news releases. The top three 

requested language translations were Spanish, Russian, and Hmong.

• Oral Interpretation Telephonic Calls – A total of 23 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. More than 240 languages and dialects are available.

• Partnerships – The USDA FS 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 FS 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. According to the Employment Investigation 

Division data, in FY 2019, the average number of days in the investigation stage was 146 days. In

comparison to FY 2018, the average number of days in the investigation stage was 1434 days.

 4 The average number days data, for FY 2018 and FY 2019, was obtained from the Employment Investigation Division (EID)

in OASCR.
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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 2019, the average number of days a 

complaint was in the EEOC hearing process was 1158 days. In comparison to FY 2018, the average 

number of days a complaint was in the EEOC hearing process was 9985 days. Of all of the stages of 

the complaint process, the final agency actions stage took the greatest number of days. In FY 2019, the 

average number of days of the final agency actions was 1428 days. In comparison to FY 2018, the 

average number days of the final agency actions was 13496 days.

VIII. Pending Complaints Filed in Previous Fiscal Year (FY) – In FY 2019, there were a total of 267

pending complaints, a decrease from the 2937 pending complaints in FY 2018. There are a number of 

contributing factors for the carryover of complaints in FY 2019, 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, OASCR, Employment Investigation Division (EID) has complete responsibility for the 

management of the investigation process. Under a renewable Service Level Agreement (SLA), the 

OASCR, EID is responsible for compiling all 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 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 or less, 

resulting in 78.07% completion rate. In FY 2018 a total of 108 investigations were completed for the 

USDA Forest Service. Of the 108 investigations completed, 98 were completed within the prescribed 

timeframe of 180 days, resulting in 90.74% completion rate. The averaging processing days for the

Agency’s responses for 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: http://www.usda.gov/nofear/agencies.html. 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/fs/indexfs.html. This quarterly data is reported via 

a direct feed from reports generated from MicroPact iComplaints.

No Fear Training to Agency Employees – The Agency is consistently providing bi-annual No FEAR

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

 5 The average number days changed base on when the data was pulled from the 462 Report. 6 The average number days changed base on when the data was pulled from the 462 Report.

7 Remanded case, Agency Complaint No. FS-2015-00585, was closed during the reporting period and was not added on the 

FY 2018 No FEAR Act Report.
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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 

hardcopy 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 2018 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 hardcopy through their regional Civil Rights Office or online at the 

Civil Rights Intranet http://fsweb.wo.fs.fed.us/cr/training.html. Additionally, the No FEAR Act 

information is posted in common areas of the Agency.

In FY 2019 the USDA Forest Service updated its AgLearn system. For the duration of FY 2019 there 

have been periodic updates in which caches of historical training data, to include previously competed 

No FEAR Comprehensive training, have been brought over from the old AgLearn to NexGen AgLearn. 

For FY 2019, the USDA Forest Service had 2,621 employees completed the No FEAR Comprehensive 

training and 956 employees completed the No FEAR Refresher training. The NexGen AgLearn 

uploaded required No FEAR Refresher and Comprehensive training to employees accounts in October 

2019. Due to this event, and the fact that all historical training has just been updated in NexGEN 

AgLearn, the Agency is unable to calculate a completion rate at this time. The USDA has extended the 

mandatory completion date for all No FEAR Refresher and Comprehensive training to January 20, 

2020. 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.