Forest Service

Fiscal Year 2016 Notification and Federal Employee Antidiscrimination and 

Retaliation (No FEAR) Act Annual Report

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Introduction

This report looks at fiscal year (FY) 2016 efforts by the U.S. Department of Agriculture’s (USDA) Forest Service

(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 follow the No Fear Act 

report guidelines. Briefly, in sections A-D, you will find complaint data organized with 2016 data first, followed 

by comparison figures (usually for fiscal year (FY) 2015 and FY 2014) marked with bullets. In Section D you 

will find processing time frame information, followed by the required causal analysis. Section E highlights actions 

taken or planned, followed by an overview of knowledge gained. 

A. Trends Examination, Causal Analysis, Knowledge Gained and Action Taken/Planned

1. Number of Complaints Filed

In FY 2016 the Agency’s number of complaints per capita is proportional to USDA. The U.S. Forest 

Service complaints per capita was ~0.4% compared to ~ 0.5% for USDA. The Forest Service had 158

formal complaints filed in FY 2016. This is a slight increase from FY 2015, however, the Agency remains 

on a lower trend in comparison to the 180 complaints filed in FY 2013. For comparison:

o In FY 2015, 153 formal complaints were filed. 

o In FY 2014, 150 formal complaints were filed.

2. Number of Filers 

There were 143 filers in FY 2016. This is a slight decrease from the total number of filers in FY 2015.For 

comparison:

o There were 148 filers in FY 2015.

o There were 141 filers in FY 2014.

3. Number of Repeat Filers 

There were 14 repeat filers (filing out of 158 complaints) in FY 2016. Of these, ten individuals filed 2 

complaints each; three individuals filed 3 complaints each and one person filed 4 complaints. For 

comparison: 

o In FY 2015, there were 5 repeat filers. 

o In FY 2014, there were 7 repeat filers.

4. Number of Bases Alleged in Complaints

In FY 2016, 158 formal complaints were filed, and the most frequently cited bases on the percentage 

of cases filed in which those bases were:

o Reprisal: 92 complaints (58%)

o Disability: 55 complaints (35%)

o Age: 49 complaints (31%)

o Sex: 48 complaints (30%)

o Race: 34 complaints (22%)
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In FY 2015, 153 formal complaints were filed, and the most frequently cited bases on the percentage 

of cases filed in which those bases were raised:

o Reprisal: 96 complaints (63%)

o Disability: 58 complaints (38%)

o Sex: 57 complaints (37%)

o Age: 44 complaints (29%)

o Race: 40 complaints (26%)

In FY 2014, 150 formal complaints were filed, and the most frequently cited bases for filing were:

o Reprisal: 91 complaints (60%) 

o Sex: 65 complaints (43%) 

o Race: 60 complaints (40%) 

o Age: 49 complaints (33%)

o Disability: 35 complaints (23%)

In FY 2016, the Agency compared to prior fiscal years, complaints increased and decreased as follows:

o Complaints based on age increased by 9%

o Complaints based on religion increased by 300%

o Complaints cited reprisal as basis decreased by 4%

o Complaints based on disability decreased by 5%. 

o Complaints based on race decreased by 15%

o Complaints based on sex decreased by 16%

o Complaints based on national origin decreased by 46%

5. Number of Issues Alleged in Complaints

 Of the 158 formal EEO complaints filed in FY 2016, the most frequently cited issues were:

o Harassment (non-sexual): 103 complaints (65%)

o Disciplinary Action: 27 complaints (17%)

o Terms and conditions: 28 complaints (18%)

o Promotion/Non-Selection: 32 complaints (20%)

o Reasonable Accomodation: 26 complaints (16%)

o Assignment of Duties: 27 complaints (17%)

In FY 2015, the most cited issues were:

o Harassment (non-sexual): 98 complaints (64%)

o Terms and conditions of employ: 54 complaints (35%)

o Disciplinary Action: 57 complaints (37%)

o Assignment of Duties: 31 complaints (20%)

o Promotion/Non Selection: 51 complaints (33%)

o Reasonable Accomodation: 26 complaints (18%)
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In FY 2014, the most cited issues were:

o Harassment (non-sexual): 91 complaints (61%)

o Terms and conditions of employ: 61 complaints (41%)

o Disciplinary Action: 27 complaints (18%)

o Assignment of Duties: 46 complaints (31%)

o Promotion/Non Selection: 33 complaints (22%)

o Perfomance Evaluation/Appraisal 26 complaints (17%)

In FY 2016, complaints citing harassment (non-sexual) increased by 5%; performance evaluation/appraisal 

increased by 19%, and training increased by 11%. Complaints citing telework increased from zero (0) to 7 

complaints. However, there were decreases in the following:

o Compalints citing reasonable accommodation decresed by 4%

o omplaints citing assignment of duties decreased by 13%

o Complaints citing promotion/non-selection decreased by 38%

o Complaints citing terms and conditions of employent decreased by 48%

o Complaints citing disciplinary actions decreased by 53%

6. Findings of Discrimination

In FY 2016, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) issued 60 Final Agency 

Decisons for the Forest Service. The disposition is as follows:

o There were zero findings of discriminaton by the Equal Employment Opportunity Commission

(EEOC). However, there were 2 cases won on appeal from the Office of Federal Operations.

o 16 complaints were procedurally dismissed.

o 44 Final Agency Decisions (FAD) with no finding of discrimination .

In FY 2015, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) issued 77 decisions for 

the Forest Service. The disposition is as follows:

o There was 11 finding of discriminaton based on disability harassment issued by the Equal Employment 

Opportunity Commission (EEOC) on May 7, 2015.

o 18 complaints were procedurally dismissed.

o 49 Final Agency Decisions (FAD) with no finding of discrimination.

Also in comparison, in FY 2014, OASCR issued 86 decisions. Of these:

o There were two findings of discrimination; one for non-sexual harassment and another for 

discrimination based on disability.

o 19 complaints were procedurally dismissed. 

o 65 Final Agency Decisions (FAD) with no finding of discrimination.

1 1 finding with 3 consolidated cases. 
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B. Average Length of Time to Complete Each Stage of the Complaints Process

Once a formal complaint is filed, OASCR is responsible for accepting or dismissing the action and 

conducting and completing the investigation. EEO regulations provide that this process must be completed 

within 180 days. 

In FY 2016, the average number of days in the investigation stage was 202 days. For comparison:

o In FY 2015, the average number of days in the investigation stage was 199 days.

o In FY 2014, the average number of days in the investigation stage was 210 days. 

The USDA’s role is to ensure that the hearing request is processed within 15 days of receipt of election from 

either the complainant or EEOC.

In FY 2016, the average number of days a complaint was in the hearing process was 925 days. For 

comparison:

o In FY 2015, the average number of days a complaint was in the hearing process was 959 days.

o In FY 2014 the average number of days a complaint was in the hearing process was 971 days. 

Of all of the stages of the complaint process, the final agency actions stage took the greatest number of days.

In FY 2016, the average number days for processing final agency actions was 1,315 days. For comparison:

o In FY 2015, the average number of days was 1,306 days.

o In FY 2014, the average number of days was 1,036 days.

C. Pending Complaints Filed in Previous Fiscal Years 

At the beginning of FY 2016 there were 315 pending complaints, a slight increase from FY 2015 which 

yielded 289 pending complaints.

One of the contributing causes for the carry over of complaints for FY 2016, was the decertification of the 

Sedillo Class. Many of the cases required updates to the complaint database for proper disposition. The other 

factors for cases to be carried over from year to year included long delays before complainants are given 

EEOC hearings, delays in the issuance of final agency decisions as well as communication attempts with the 

complainants The Agency has completed auditing of it’s cases and is currently working with the OASCR in 

closure efforts through the Expedited Resolution Process (ERP). The ERP helped resolve the majority of 

cases, many of which dated back to 1998. This process has helped save Agency resources in order to focus 

on other proactive measures and helped bring closure to the complainants affected by the lengthy litigation.

D. Total Number of Pending Complaints Where Investigations Exceed Required Time Frames

The OASCR Employment Investigation Division (EID) has complete responsibility for the management of 

the investigation process. Under a renewable Service Level Agreement (SLA), the Department’s EID is 

responsible for compiling all reports of investigations (ROIs), and the Agency is responsible for providing a 

point of contact to EID and assisting EID in obtaining relevant documents and assisting EID in ensuring 

cooperation from witnesses. In FY 2015, the Agency launched a change initiative to streamline and optimize 

the investigation process by changing the points of contacts for liaison responsibilities from Employee 

Relatons to the field Civil Rights Directors. 
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In FY 2016, there were 138 investigations completed. Of these, 60 (or 43% of investigations) exceeded the 

regulatory timeframe. 

o In FY 2015, there were 139 investigations completed. Of these, 46 (or 33% of investigations) exceeded

the regulatory timeframe.

o In FY 2014, there were 137 investigations completed, with 62 (or 45% of investigations) exceeding the 

regulatory timeframe.

Factors that contributed to processing delays include delays in the acceptance/dismissal process; delays in 

procurement process; difficulties in obtaining witness and complainant statements in a timely manner;

untimely submission of document requests; complainant requests for amendments; payment delays which 

affected the assignment and scheduling of investigations, and resubmission of investigations back to the 

vendor for additional information. 

Causal Analysis

In FY 2016 the Agency experienced a slight increase in overall formal complaint filings. However, this 

increase was minimal in comparison to FY 2013, which marked our highest complaint inventory in 5 years. 

The number of filers was also slightly lower in FY 2016 as compared to the prior two years.

A close examination of the Agency’s units’ complaint activity found that there were increases in formal 

complaint activity in the following units: Southern Region (R8), Southwestern Region (R3), Job Corp (JCC), 

National Forest System (R52), Pacific Northwest (R6), Business Operations (R51), Southern Research Station

(R33), Alaskan Region (R10) and International Insttitute of Tropical Forestry (IITF/R41)). 

FY 2016

• Business Operations (R51) had 23 complaints, a 10% increase compared to FY 2015 (21).

• Pacific Northwest (R6) had 20 complaints, a 11% increase compared to FY 2015 (18).

• National Forest System (R52) had 3 complaints, a 50% increase compared to FY 2015 (2). 

• Job Corps (JCC) had 29 complaints, a 53% increase compared to FY 2015 (19).

• Southwest Region (R3) had 8 complaints, a 60% increase compared to FY 2015 (5).

• Southern Region (R8) had 17 complaints, a 89% increase compared to FY 2015 (9).

• Southern Research Station (R33) had 6 new complaints, an increase by 6 complaints compared to FY 

2015 (0).

• Alaskan Region (R10) had 1 new complaint, an increase of 1 complaint compared to FY 2015 (0).

• International Insttitute of Tropical Forestry (IITF/R41) had 1 new complaint, an increase by 1 

complaint compared to FY 2015 (0).

In spite of the minimal rise of our overall national numbers for complaints, the Agency has experienced

decreases in new complaint filings throughout the Agency in the following Regions, Stations and Area: 

• Pacific Southwest Forest and Range Experiement Station (R27) had no complaints filed in FY 2016, a 

100% decrease from FY 2015 (1)

• Rocky Mountain Research Station (R22) had no complaints filed in FY 2016, a 100% decrease from 

FY 2015 (1)
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• Research and Developement (R55) had no complaints filed in FY 2016, a 100% decrease from FY 

2015 (2)

• Chief Financial Officer (CFO/R53) had 1 complaint a 67% decrease from FY 2015 (3)

• Intermountain Region (R4) had 1 complaint, a 67% decrease compared to FY 2015 (3)

• Eastern Region (R9) had 2 complaints, a 60% decrease compared to FY 2015 (5)

• Rocky Mountain (R2) had 2 complaints, a 60% decrease compared toFY 2015 (5)

• Washington Office (WO) had 1 complaint, a 50% decrease compared to FY 2015 (2)

• Law Enforcement & Investigation (LEI) had 5 complaints, a 49% decrease compared to FY 2015 (9)

• Northern Region (R1) had 2 complaints, a 33% decrease compared to FY 2015 (3)

• Pacific Southwest Region (R5) had 35 complaints, a 17% decrease compared to FY 2015 (42)

Notably, the Programs and Legislation (R54), Office of the Area Director (42), Forest Products Laboratory

(R32), Northeastern Research Station (R24), State and Private Foresty (R56), Pacific Northwest Research 

Station (R26), and the North Central East Forest Experiment Station (R23) do not have any active formal 

EEO complaints, and have not had any within the past 3 or more years.

The Agency experienced a notable increase in the number of repeat filers (14) in FY 2016. There was a 180% 

increase in comparison to FY 2015 (5), and a 100% increase in comparison to FY 2014 (7). 

Of the 158 complaints filed in FY 2016, the majority were filed based on allegations of harassment (65%),

reprisal (58%), disability (35%), age (31%) and sex (30%).

Non-sexual harassment claims remains the top leading issue raised by Complainants. This is consistent with 

the Federal government workforce trends. In FY 2016, harassment claims have increased by 4% in 

comparison to FY 2015. Many employees use the term harassment to describe unfavorable work conditions or 

assignments, without any nexus to a protected basis. Many Agency harassment cases are non-sexual and 

involve general dissatisfaction with the work environment, work assignments, communication styles, and 

employee accountability. The Agency has increased its focus on its anti-harassment training and is continuing

to provide more harassment training to improve the work environment for all Agency employees. In an effort 

to address this trend, the Agency is implementing a new training, Equal Employment Opportunity: Learning 

and Applying Skills for Workplace Success. This training has been added to the Agency’s AgLearn

curriculum and equips learners with the ability to identify civil rights/EEO matters and proactively apply the 

principles of equal employment opportunity to daily work situations.

Reprisal remains the most frequently cited basis for complaints, which is consistent with the Federal 

government workforce trends. Due to this fact, a focus in FY 2016 was placed on Leadership training 

through the institution of Civil Treatment for Managers Training. Leadership training will continue to be a 

focal point in FY 2017 concerning identifying and eliminating reprisal or the perception of reprisal.

Although reprisal is the most cited basis, the Agency saw a decrease of 4% in comparison to FY 2015.

Claims based on allegations sex discrimination represents 30% of the Agency’s new complaints, however, 

the Agency saw a decrease of 16% in comparison to FY 2015. The Agency’s investment in continued 

engagement activities nationally and locally have lead to actions taken to address reports of misconduct, 

harassment and forms of discrimination that have directly reduced the number of complaints. While work 

remains, there is progress in resolving employee complaints and addressing misconduct.
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E. Action Taken and/or Planned

Key Actions to Address Work Environment

Increasing Capacity and Expertise: 

• Working with OASCR and the Office of the General Counsel (OGC), the Forest Service has been 

successful in developing and delivering a number of robust trainings and presentations throughout the 

Agency on a variety of topics, such as navigating the EEO process, Reasonable Accommodations, 

Program Complaints, Lesbian Gay Bisexual Transgender (LGBT), reprisal, and Special Emphasis 

programs. OASCR trained and certified multiple Agency civil rights employees to serve as mediators, as 

well as conducted EEO counselor refresher training to all Agency EEO Counselors. OGC provided 

training to Title VI practitioners, focusing on program complaints and compliance reviews. And both OGC 

and OASCR provided numerous trainings to each and every Field Civil Rights Director in all areas of civil 

rights. 

• In FY 2016 two compliance reviews were conducted and completed. CR Specialists performed a 

comprehensive assessment of the Southern Region (R8) and Job Corps (JC) CR program data and records. 

CR staff collaborated this year with Research and Development (R&D) staff to finalize a new online 

survey tool and determined the survey method (census approach). This survey has received endorsement 

by the National R&D Deputy Area and full concurrence and support by the Union. The web-based survey 

is convenient, 508 compliant and confidential for all employees. Completion rate for Southern Region was 

41% and 50% for Job Corps.

• On January 25-29, 2016, the Washington Office, Office of Civil Rights hosted a National Resolving 

Official Training for over 45 Forest Service leaders from across the nation in Sacramento, CA. The 5-day 

training allowed new and returning Resolving Officials to learn and discuss various topics including new 

developments in alternative dispute resolution, legal sufficiency in settlement agreements, cross cultural 

and multi generational communication, conduct and performance, and reasonable accommodations. The 

Cadre participated in mock mediations and role playing to strengthen resolution skills in a variety of 

conflict scenarios. During the January training, collaborative expert trainers from Civil Rights, Human 

Resources, Employee Relations, OGC, OASCR and the Conflict Management Program provided crosscutting materials for the emerging Cadre to take back to their Regions, Stations and Area. At the 

conclusion of the 32-hour training, the Cadre received certification to act in the capacity of Resolving 

Officials for the next 2 year period.

• The Agency prioritized lesbian, gay, bisexual, and transgender (LGBT) issues, and sponsored a DC 

PrideFest outreach booth, providing Forest Service and USDA employment and opportunity information to 

reach nearly 275,000 attendees. In addition to providing LGBT training throughout the Agency and 

supporting USDA’s mandatory LGBT training, the Agency incorporated a collateral duty LGBT Special 

Emphasis Program Manager (SEPM). We have, and will continue to focus on this area, which is one of the 

more eminent civil rights issue of our time.

• Limited Delegation Authority for EEO cases was returned to Senior Executive Line Officers. Training was 

provided and focused on the Officers’ roles and responsibilities for exercising delegated authority for 

resolving EEO as well as the benefit of resolving cases at the earliest possible stage. 

• Southern Region provided support to The Urban Forestry Program at Southern University. The funds will 
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be used to support capacity building, program operations, publications, and awards as well as to support 

efforts toward academic program accreditation, job training/internships, the GIS/Hydrology lab, the Urban 

Tree Research Farm, and the annual Urban Forestry Conference.

• Southern Region provided support of miscellaneous initiatives addressing such issues as collaboration and 

outreach to overcome the effects of historic discriminatory treatment; strengthening and expanding the 

capacity of land grant colleges and universities to provide education; ensure that diverse public 

perspectives are included in agency decisions and activities; provide student work experience and 

internships; support academic curriculum; improve the diversity representation and skill development of 

the federal workforce; and advocate the resolution of underserved community/protected groups issues and 

provide technical assistance and information.

• Pacific Northwest awarded the first Translation Services Contract (TSC) in spring of 2016. The contractor 

offers more than 170 languages and to date the region has responded to requests for interpretations is 

Spanish, Russian, and Cambodian. To further, enhance the efforts made with removing language barriers 

between the region and the communities serviced, three Limited English Proficiency (LEP) training 

session were designed and deployed to educate employees about the translation services contract.

• The Alaskan Region renewed an agreement between Alaska Native Science & Engineering Program 

(ANSEP) and the Alaska Region. The Chugach National Forest has served as an on-site representative to 

many of the ANSEP recruitment event the forest participates in the program by placing a high school 

“bridge” intern and/or college intern with both the Resources and Engineering Staff Groups. The ultimate 

goal is to recruit highly qualified ANSEP interns and graduates into permanent Forest Service positions.

• The Agency, supported by the OGC and OASCR, undertook significant efforts to improve the workforce

environment for women in the Pacific Southwest Region. The Pacific Southwest Region CR worked 

collaboratively with senior leadership in all of the region’s program areas, as well as Human Resources, 

Employee Relations, Human Relations, and the Washington Office Civil Rights Director in addressing 

employment issues. In addition, collaboration occurred with the Pacific Southwest Region Deputy 

Regional Forester of Administration and Pacific Southwest on implementation and reporting of efforts to 

enhance its civil rights program.

Completion of Civil Rights Redesign: 

• The Civil Rights realignment was approved March 21, 2016 by Robert Bonnie, Under Secretary, Natural 

Resources and Environment to consolidate multiple Civil Rights field offices into one organizational unit 

reporting directly to the Civil Rights Director and the Civil Rights Director reporting directly to the 

Agency head. This realignment demonstrates the Agency’s commitment to improve our work environment 

and commits efforts to foster an environment that is nondiscriminatory, fair, safe, and equitable to all 

Forest Service employees on the importance of EEO and civil rights programs.

Addressing non-sexual harassent and sexual harrassment issues: 

• Civil Rights collaborated with Human Resources Management to develop the Anti-harassment policy for 

the agency. The intent of the new policy is to outline the procedures of how to address complaints and 

concerns, the roles and responsibilities of the supervisor, Civil Rights and Human Resources Management 

and included a timeline to address/resolve issues for sexual and non-sexual harassment in the workplace. 

Civil Rights and Human Resources Management provided the training to return delegation authority in 

ER/EEO to local leadership.
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• Pacific Southwest Region issued a Prevention of Sexual Harassment Policy letter to all employees on 

March 31, 2011; March 6, 2012; March 12, 2013; February 28, 2014; February 27, 2015; the most and

recent issuance on April 19, 2016. The letter emphasizes that the Region has a zero tolerance policy for 

sexual harassment and specified that disciplinary action up to and including removal could occur to those 

who engage in sexual harassment or to those who fail to take prompt and appropriate action to address 

such conduct. The policy put managers and supervisors on notice of the requirement to report all 

allegations of sexual harassment and/or reprisal within 24 hours and stresses confidentiality of employees 

who report. Furthermore, the letter contains an enclosure that identifies multiple points of contact 

available to employees to report sexual harassment including a telephone hotline where they could report 

anonymously.

• Face-to-Face Mandatory Prevention of Sexual Harassment (POSH) Communicating Awareness through 

Inclusiveness “Moving Forward Together” Training: The Pacific Southwest Region combined POSH 

training with EEO training for eight-hour training sessions for both supervisory and non-supervisory 

personnel. POSH and EEO are consistently implemented and delivered to all employees (permanent, 

temporary, seasonal, Pathways participants, detailers, and contractors) to ensure the workforce is aware of 

what is appropriate workplace behavior and communication. The Pacific Southwest Region had a 

successful/high accomplishment rate of 98% of employees. The sessions allowed employees to engage in 

open dialogue or to ask questions or to seek clarity.

• The Agency continued to address the “Unconscious Bias” and work toward a culture shift where a 

supervisor’s “Duty to Act” does not only include situations involving sexual harassment, inappropriate 

conduct involving race, religion, color, disability, national origin, pregnancy, genetic information or other 

protected personal characteristics. Unconscious Bias has been identified as the Department mandated 

training for FY 2017.

• Pacific Southwest Region Civil Rights Staff conducts Functional Assistance Trips on the Forests and with 

the Regional Office Staffs. The CR team met with the individual unit’s leadership and staff directors to 

discuss workplace climate and best approaches to gather non-biased information from employees and 

managers. Critical conversations in group sessions; surveys; and interviews of employees, managers, and 

union representatives resulted in numerous observations regarding points of contention that surfaced in 

the workforce. The results were early identification of issues, exchange of information, problem solving, 

and development of strategies to improve working relationships among staff members. 

• Pacific Southwest Region has a dedicated hotline for reporting allegations of sexual harassment, sexual 

misconduct, and sexual harassment-related reprisal. This information was sent in a letter, Prevention of 

Sexual Harassment Policy, to all employees as an enclosure that identified multiple points of contact 

available to employees to report sexual harassment including a telephone hotline where they could report 

anonymously.

• Pacific Southwest Region Civil Rights staff has implemented a certification requirement that documents 

Forest Service employees have received, reviewed, and understood the requirements of the USDA AntiHarassment policy, including the potential consequences for non-compliance. During FY 2016 the 

Pacific Southwest Region had 7,037 employees on the rolls; 6,630 employees (98%) completed the 

certification requirement by September 30, 2016.

Establishing expectations around conduct and behavior: 

• New Supervisor Training: The Forest Service completed AgLearn training assignment of the USDA 

New Supervisor training to all newly hired and/or newly promoted supervisors. Part of this training 
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includes lessons on Cultural Diversity in the workplace and nondiscrimination. The two options for this 

training are an online course through AgLearn, consisting of 29 online sessions, and a newly-developed 

blended course which has an in-person component. Five sessions of the blended course were offered 

across the country. Training assignments will continue as new supervisors are hired/promoted.

• Emphasis on Ending Harassment and Improving the Work Environment: The Forest Service 

is fully dedicated to provide a safe working environment which is free from harassment and 

discriminatory treatment. Our goal is to create a work environment in which all employees are 

treated with dignity, respect, and fairness. The Agency and Union partnered and included 

“Workplace Bullying” in the 2016 Master Agreement which lays a foundation for a safer and 

more respectful environment. The Agency and the Union again recommitted their unified 

dedication to ending harassment by crafting an extremely thorough an robust anti-harassment 

policy which will require all employees who witness or are aware of harassment, including sexual 

harassment, sexual assault, bullying, and both Equal Employment Opportunity (EEO) related and 

non-EEO related harassment to report the harassment to a management official. This policy

exceeds legal requirements and is believed to be only one of its kind within the Department. The 

policy will require that inquiries be conducted in each instance of harassment, and will ensure that 

all necessary remedial actions are promptly taken to ensure safety of victims and accountability of 

perpetrators. 

• Comprehensive Annual Equal Employment Opportunity (EEO) Training: The Office of Civil Rights 

developed a new, engaging and comprehensive employee training suite, entitled Equal Employment 

Opportunity: Learning and Applying Skills for Workplace Success,which brings together information in 

alternative dispute resolution, reasonable accommodation and the EEO complaints process. This new and 

improved suite of training provides for educational efficiencies and up-to-date course content and focuses 

on people building their individual capacities in civil rights awareness and applying this knowledge in 

their daily lives. The course is designed to gain and hold the attention of learners so that individuals are 

better aware, use, and retain concepts to eliminate workplace discrimination, harassment and hostile work 

environments. Developed in FY 2016, the course is scheduled to launch in FY 2017 and will be 

mandatory for all managers supervisors and employees. 

An Agency-wide Action Engagement Strategy

• The Office of Civil Rights developed a new, engaging and comprehensive employee training suite, entitled 

Equal Employment Opportunity: Learning and Applying Skills for Workplace Success,which brings 

together information in alternative dispute resolution, reasonable accommodation and the EEO complaints 

process. This new and improved suite of training provides for educational efficiencies and up-to-date 

course content and focuses on people building their individual capacities in civil rights awareness and 

applying this knowledge in their daily lives. The course is designed to gain and hold the attention of 

learners so that individuals are better aware, use, and retain concepts to eliminate workplace 

discrimination, harassment and hostile work environments. The course launched in September 2016 and 

will be mandatory for all managers, supervisors and employees.

• Ensuring accessibility through Limited English Proficiency (LEP) Program. The Agency is developing 

Agency-wide LEP information tools, including training, tentatively scheduled for release in the 2nd and 3rd

quarters of FY 2017, and ongoing annually thereafter.

• An Agency-wide Action-Engagement Strategy was developed to respond to trends and concerns raised in

the Federal Employment Viewpoint Survey. The comprehensive plan, which is localized to Regions and

Research Stations, ensures we engage employees to candidly discuss workplace concerns and join together 
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to identify strategies to improve the work environment, while increasing their confidence in leaders' 

commitment. 

• The Forest Service OCR and HRM worked collaboratively with leadership to build a more diverse and 

highly-skilled workforce that reflects the populations of the United States. Both offices reviewed and 

updated Supervisory Training Modules to include EEO Training on Leadership and Management of a 

Diverse Workforce, Communicating Effectively across Cultures, and EEO for Managers and Supervisors, 

and Competencies Addressing Unconscious Bias. Collaboration included ensuring existing and new online supervisory training was reviewed and had accurate information. During FY 2016, five classroom 

portions of the blended course were provided across the country in: Missoula, Montana; Milwaukee, 

Wisconsin; Atlanta, Georgia; McClellan, California; and Portland, Oregon.

• Job Corps collaborated with Human Resources, Labor Relations, Equal Employment Opportunity, and 

Employee Relations to conduct a one-week training session to educate Job Corps supervisors GS-8 to GS14. The goal was to communicate the Job Corps program’s commitment to USDA’s Cultural 

Transformation mission areas of leadership accountability and commitment, outreach and partnership, 

recruitment and hiring, diversity, training and awareness, employee development and recognition, and 

creating an inclusive workforce environment. This session instructed Job Corps supervisors on the ins and 

outs of such issues as misconduct investigations, special emphasis programs, conflict management and 

prevention, reasonable accommodation, and the EEO process.

• Law Enforcement & Investigations (LEI) made all department policies available for public review and 

regularly posted on the department’s website information about stops, summonses, arrests, reported crime, 

and other law enforcement data aggregated by demographics. LEI developed and implemented a Traffic 

Stop Data Collection process, which enabled law enforcement personnel to track and report civil rights 

demographics of individuals involved in a traffic stop. LEI supervisors held employees accountable for 

ensuring data related to race and ethnicity is collected when conducting traffic stops, to ensure that the 

right(s) of all are protected and provide more transparency within law enforcement operations.

• Rocky Mountain Region hosted over 100 Forest Service new employees for a 3-day orientation and 

training. The intent was to provide key information on alignment with the Strategic Plan, unconscious bias, 

career planning, benefits and more. A 2-hour presentation: New Conversations for an Inclusive Work 

Environment was presented to the group of 100 and again to the Ranger Cadre consisting of 50 District 

Rangers. Topics covered included: small acts of inclusion, unconscious bias and building personal 

connections.

• Southwestern and Pacific Southwest Region hosted Diversity Boot Camps. The Forest Service continues to 

focus on outreach to women in fire through several “boot camps” directed specifically to increasing the 

capacity of women in wildfire management.

• Rocky Mountain Region implemented “Six Minutes for Civil Rights” to provide an informational message 

and/or tools that will empower and equip leaders to develop skills to integrate civil rights throughout the 

Region. In follow up to each meeting the information is shared with the Civil Rights Action Team, Special 

Emphasis Program Managers and Administrative Officers. Topics covered include: 

 Equal Opportunity Public Notification Policy

 LGBT Inclusion in the federal workplace

 Cultural Transformation: Continuing the Conversation

 Genetic Information Non-discrimination Act (GINA)

 Special Emphasis Programs (SEP)
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 EEO/ADR Complaint Activity

 Official Time in the EEO Complaint Process 

 Civil Rights Redesign Implementation 

 Conflict Resolution Day

• Rocky Mountain, Southwestern, Pacific Northwest and Eastern Region’s hosted a three-day course, 

Working Together: American Indian Tribes and the Forest Service-A Federal Indian Law Training 

Program, May 10-12, 2016. Over 70 participants met near Santa Fe, NM to learn a wide array of Federal 

Indian developmental history, laws and policies. Received valuable information regarding how to work 

directly and effectively with tribal communities. Among the participants 75% were Forest Service 

employees and 25% were tribal members. 

• Pacific Southwest Region, held a Growth, Respect, Opportunity Workshop (GROW) in FY 2016. The 

audience included Regional employees and supervisors and was also attended by employees from the 

Washington Office, Pacific Northwest Region and the Albuquerque Service Center. The primary purpose 

of the workshop was to open dialogue between Regional managers and employees about the work 

environment and to solicit input on possible ways to improve the working environment.The workshop 

gave employees at all levels of the Pacific Southwest Region an opportunity to take part in shaping the 

new direction of the organization – by sharing personal experiences, getting different perspectives and 

strategizing around the steps needed to take to achieve our goals. The region-wide workshop focused on 

the Region’s journey to create an inclusive workforce. Discussions included barriers related to recruitment 

and retention and coming together in a positive “judgment free” place to build relationships and explore 

new ideas.

• Southern Research Station (SRS) took progressive steps and actions in FY 2016 towards improving the 

work environment and build upon the efforts to create an environment where every Forest Service 

employee is respected, valued and treated fairly, with respect and dignity. SRS managers and supervisors 

are visible and diligent in their support and efforts to meet the SRS civil rights goals and equal 

employment opportunity (EEO) objectives. 

• Southern Research Station is using innovative approaches to engage all employees in work with multigenerations, expansion of outreach activities and partnership approaches for a more inclusive work 

environment. The Station Director encourages employee participation in cultural activities during special 

emphasis months and the SRS Business Operations Staff distributes the Special Emphasis Program Month 

Observance letters to all SRS employees from mailroom as received from the new Civil Rights 

organization. Below are some of the SEPM activities which took place during FY16:

 Southern Research Station Director and Headquarters employees showed their deep appreciation to 

their veterans with a ceremony on November 10th to recognize and honor their service to their 

country.LGBT Inclusion in the federal workplace.

 Southern Research Station worked in conjunction with the Northern Research Station, Northeastern 

Area, Forest Products Lab, and Eastern Region to host a Women’s Day of Training Program on for 

Women’s History Month. SRS’s Partnerships and Strategic Initiatives Director worked in 

conjunction with the Northern Research Station, Forest Products Lab, Northeastern Area, and 

Region 9 to host the FY 2016 All Cultures Week Training and Awareness Program. This year’s 

topics included: LGBT, Accessibility, Genealogy, and Diversity and Inclusion SRS employees 

presented a presentation during Women's History Month which focused on healthy living.
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• 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. Additioanlly the No Fear Act information is posted in 

common areas of the Agency. 

• A team to oversee and monitor the compliance versus non-compliance of mandatory Civil Rights trainings, 

to include No Fear was established. Monthly reports are sent to Agency leadership to show the status of 

their areas of responsibility. For FY 2016 the Agency had 8,439 people whom had been assigned No Fear 

comprehensive and had a 82.8% completion rate (appendix A). Regarding the No Fear Refresher, the 

Agency had 26,118 employees whom had been assigned the training for FY 2016 and had a 97% 

completion rate (appendix B). Through this effort, the Agency is able to continually reinforce USDA’s 

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

retaliation. 

Improving the Effectivenes of Alternative Dispute Resolution:

• The Agency has taken significant steps to improve the efficiency of it’s Conflict Management and 

Prevention Program (CMP). The Agency revised its’ Alternative Dispute Resolution (ADR) policy which 

demonstrates its unwavering commitment to equal employment opportunity, and resolution issues at the 

earliest possible stages. More specifically, the Chief made clear that all managers and supervisors are 

expected to participate in ADR when requested to do so and the requests should be received as an 

opportunity to communicate with the employee. 

• Extensive internal CMP staff training, critical vacancy fillings, regional budget agreements, and 

communication plan development took place as part of the full implementation of the civil rights 

realignment. Additionally, CMP is transitioning EEO ADR to the Accountability and Compliance Branch 

to focus on more preventive services such as consultations, non-EEO facilitation, non-EEO mediations and

group intervention services. 

• In FY 2016, the Forest Service Workplace ADR usage reported a 27% increase from the previous FY 

2015. In FY 2016, CMP conducted 2,520 consultations and 319 of them resulted in the use of further ADR 

techniques to include: 189 Mediations, 25 conciliations, 34 facilitations, 4 fact findings, 7 large group 

interventions, 43 training sessions and 17 other ADR techniques. The remaining 2,201consultations did not 

require any further actions as the issue(s) was resolved at the consultation stage of the concern by way of 

conflict coaching.

• Seven CMP Center Managers, eight EEO Counselors and three EEO Specialists have been trained as 

certified mediators and added to the roster of mediators for the CMP Center.

• In FY 2016, Agency efforts to resolve cases early in the process led to 60 settlement agreements, a 5%

decrease in comparison to FY 2015, which yeilded 63 settlement agreements. The Agency efforts are 

continuing to lead to a significant decrease in the number of findings of discrimination nationally since FY 

2011. In FY 2015 the Agency had 12 finding of discrimination. FY 2016 had zero findings of 

discrimination.

2 One Complainant with three consolidated cases
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Knowledge Gained: 

Improving the work environment: 

In FY 2016, the Forest Service (FS) continued its commitment to improve, strengthen, and promote the FS 

Civil Rights Program through conducting compliance reviews of Regional Offices, soliciting feedback from 

FS employees, customers, partners, and contractors; disseminating literature on the awareness of the Civil 

Rights processes and procedures, and administering Civil Rights training to managers, employees, and Civil 

Rights professionals.

Additionally, the Forest Service is continuing its engagement at all levels to ensure that specific Cultural 

Transformation requirements are met and that there is truly a shift within the Agency that creates a culture of 

inclusion that awakens and strengthens all people’s connection to the land. Some of the successes achieve 

by the Forest Service are: 

 Various training for supervisory employees and non-supervisory employees that promote skills to 

create an equitable and respectful workplace.

 Provides tools, data, and training opportunities that increase the capability to monitor work 

environment quality indicators.

 Foster regular, meaningful conversations with the public to understand the needs and requirements 

of the many public entities and communities served.

 Encourage employees to bring forth dissatisfaction and grievances in a timely manner and receive 

prompt resolution.

 Demonstrated good faith Alternative Dispute Resolution (ADR) efforts to resolve EEO complaints 

and other disputes, especially in the early stage of the dispute. 

 Increased diversity on the FS program committees and boards.

 Recruiting and retaining a diverse workforce, reflective of the nation’s demographics at all levels of 

leadership.

Over the past year, the Agency has continued its commitment to strengthening the Civil Rights program with 

the intention of improving the work environment for all employees. The Forest Service is continuing its 

engagement at all levels to ensure that the specific Cultural Transformation requirements are met and there 

truly is a shift within the Agency that creates a culture of inclusion that awakens and strengthens all people’s 

connection to the land.

Watching trends and doing something about them:

The Agency has continued its forcus on addressing workplace issues by distributing quarterly data trends to 

all employees, for leaders to monitor their Employee Relations cases and focus attention on areas of 

improvement, and for employees to be aware of Agency efforts to hold employees accountable for 

inappropriate behavior and misconduct. Quarterly summary statistical data are posted as links on the 

Agency intranet website as it pertains to EEO complaints filed. http://fsweb.wo.fs.fed.us/cr/reports.html. The 

Agency’s No FEAR report is posted at https://www.usda.gov/nofear/fs/indexfs.html. 

The Forest Service continues to improve and better utilize Alternative Dispute Resolution (ADR): 

The Agency is mindful that reaching resolutions early in the EEO process is integral to the success of its 

CivilRights Program, and as such has demonstrated support of the Agency’s Conflict Management 

Preventention Program (CMP). The CMP Program is recognized as the Agency’s ADR resource and is a 
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National Program comprised of a Washington Office Branch Chief and 12 full time or collateral-duty, 

service wide CMP Program Managers to provide ADR services as required and necessary.

Building capacity through training within the Agency’s Civil Rights community:

The Agency continues to deploy new training to all Agency employees on key civil rights competencies 

including how to identify civil rights/EEO matters, as well as how to more effectively navigate the EEO 

complaint and reasonable accommodation processes.

Addressing factors that slow processes: 

The Forest Service continues to work closely with OASCR to follow up on outstanding complaints and to 

speed up disposition of cases, findings, and redress. Coupled with realignment and capacity building efforts, 

trend monitoring and intervention, alternative dispute resolution options and education and training efforts, 

these initiatives will assist in the streamlining of complaint processes and decreases in formal complaints.
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APPENDIX A
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APPENDIX B
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