U.S. Department of Agriculture, Forest Service

Fiscal Year 2017 Notification and Federal Employee Antidiscrimination and 

Retaliation (No FEAR) Act Annual Report

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Introduction

This report looks at fiscal year (FY) 2017 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 follows the No Fear Act 

report guidelines. Each section addresses the Trends, Causal Analysis, Knowledge, and Action Taken or Planned. 

Per each section, the information is organized with 2017 data first, followed by comparison figures for FY 2016

marked with bullets. 

I. Number of Complaints Filed

A. Trends – In FY 2017, the Agency’s number of complaints per capita is proportional to USDA. 

The U.S. Forest Service FY 2017 complaints per capita rate is 0.39 percent compared to the 

USDA per capita of ~0.59 percent. The USDA, Forest Service had 143 formal complaints filed in 

FY 2017. This is a 9 percent decrease in complaints filed from FY 2016, when 158 total formal 

complaints were filed.

B. Causal Analysis:

o In FY 2017, 143 formal complaints were filed.

o In FY 2016, 158 formal complaints were filed.

C. Knowledge Gained:

o Improvements in the Workplace Pays-Off – The Forest Service experienced a 

9 percent decrease in the number of formal complaint filed as compared to FY 2016. In FY

2017, there were 143 formal complaints filed as compared to 158 in FY 2016. This also 

represents the lowest number of formal complaints filed over the last five years. 

o Mandatory Civil Rights Training Perpetuates a Decrease in Complaints –

The Forest Service continually monitors completion rates of all Civil Rights (CR) training. 

The Forest Service has found that knowledge of the CR process, policies, and practices is a 

vital resource to our employees and managers, alike. Therefore, the Forest Service works 

hard to ensure our employees and managers a fully trained in laws, regulations, and practices 

relative to CR. The following information provides a breakdown by region of the Forest 

Service achievements to administer CR training in FY 2017: 

Southwestern Region – Emphasied civil rights training, which resulted in a 28 percent 

decrease in complaints filed comparative to complaints in FY 2016. One example, is a 

mandatory face-to-face training conducted by the region’s CR staff on Program Complaints 

(Title VI), Employment Complaints (Title VII), Reasonable Accommodation (RA), and 

Conflict Management Program (CMP). A total of 

87 percent of regional employees attended the training in FY 2017. The training gave the 

employees a forum to engage in open dialogue and ask questions to seek clarity on the Equal 

Employment Opportunity (EEO) Complaints process.

Intermountain Region – Provided the Civil Treatment Training that focused on establishing 

expectations around conduct and behavior. The training provide skills for addressing 

inappropriate behavior among regional employees. Prevention of Sexual Harassment (POSH) 

and EEO training conducted simultaneously in two (2) hours training sessions employees and 

managers. Additionally, the Intermountain Region ensures the POSH training is conducted 

annually and participation is mandatory for all regional employees (permanent, temporary, 

seasonal, Pathways participants, detailers, and contractors) to ensure all employees and 

managers clearly understand what the appropriate behavior and communication is in the 

workplace. The EEO training addressed the following topics: EEO Laws and Provisions, 

Identify Types of Discrimination in Employment Practices (i.e., selections, promotions, 

training, and discipline).
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Pacific Southwest Region – Ensured that 99 percent of regional employees participated in 

mandatory CR training, which resulted in a 30 percent decrease in complaints filed 

comparative to complaints in FY 2016. One example, is “4R” Partnership between CR, 

Human Resources Management (HRM), Employee Relations (ER), and Labor Relations (LR). 

The CR staff provided training to regional employees and managers on Conflict Management 

and Prevention Center (CMPC), the Reasonable Accommodation Process, and the EEO 

Complaint Process. In addition to the Pacific Southwest Region’s decrease in complaints, the 

Pacific Southwest Research Center had a significant decrease in complaints filed in FY 2017, 

comparative to FY 2016.

Pacific Northwest Region – Made an emphasis on training and saw a significant increase in 

training. One example, are the series of trainings that addressed the Rights, Roles, and 

Responsibilities in the EEO Complaints Process, Outreaching to Diverse Communities, 

Understanding Title VI Programs, Conflict Management and Prevention Overview, and 

Understanding the Anti-Harassment Policy. The skills gained from the training were shared 

with the Civil Rights staff and was a useful application in making improvements to the Civil 

Rights Program across the Pacific Northwest Region.

Southern Region – Ensured that 97 percent of regional employees participated in mandatory 

Civil Rights training, resulted in a 1 percent decrease in complaints filed comparative to 

complaints in FY 2016. One example of this decrease is the Civil Treatment training that 

focused on establishing expectations concerning conduct and behavior and providing skills for 

addressing inappropriate behavior. A total of 

2,500 supervisory and non-supervisory employees have received Civil Treatment training.

Eastern Region – Ensured that regional employees participated in mandatory Civil Rights 

training, which resulted in a decrease in complaints filed in FY 2017, comparative to 

complaints in FY 2016. Leadership recognized the need to educate employees and managers 

in the area of Reasonable Accommodation, Diversity, Inclusion, Effective Communication 

and Conflict Management. As a result, numerous complimentary training sessions and other 

tools were offered to employees and managers over the past year to corporately raise the level 

of Civil Rights competencies and awareness, the training included: 1) Women’s Day of 

Training; 2) All Cultures Week Training and Awareness Program; 3) LEP Training; 4) 

Women’s Equality Day of Training; 5) Special Emphasis Program Managers (SEPM)

Newsletter; 6) Strengthening Service Survey; 7) Sexual Harassment Cards and Posters; and 8) 

Civil Rights Guidance on Age Discrimination.

National Forest Systems – Ensured 100 percent of their employees participated in mandatory 

CR training. 

State and Private Forestry – Ensured their employees participated in mandatory Civil Rights 

training. The employees participated in Reasonable Accommodation, EEO Complaints 

Process and Alternative Dispute Resolution (ADR) Process Refresher training. Additionally, 

all State and Private Forestry supervisors were required to take mandatory AgLearn training 

related to the EEO process and Reasonable Accommodation procedures to effectively manage 

and supervise a diverse workforce.

Business Operations – Provided continuous training to Business Operations employees, 

supervisors, and managers. The employees, supervisors, managers are encouraged to 

participate in the mandatory Civil Rights training.

Chief Financial Officer (CFO) – Verified the completion of all CFO mandatory Civil Rights 

training for FY 2017, to include the No FEAR Act Refresher and Workplace Harassment.

Job Corps (JC) – Ensured their employees participated in mandatory CR training, resulting 

in a 4 percent decrease of complaints filed, comparative to complaints in 

FY 2016.
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Law Enforcement and Investigations (LEI) – Ensured employees completed mandatory 

Civil Rights training. LEI provided Reasonable Accommodations, Targeted Disability, EEO 

Complaint Process, and ADR Process Refresher training to all supervisors and employees, 

which resulted in a 1 percent decrease of complaints filed, comparative to complaint in FY 

2016. The LEI employees and supervisors received training on the Anti-Harassment Policy, 

reporting responsibilities, bullying in the workplace, and the EEO process. Other examples of 

trainings provided covers Equal Employment Opportunity; 21st Century Policing; LGBT NonDiscrimination in the Federal Workplace; Alternative Dispute Resolution; Resolving Official 

Training; Civil Treatment for Employees/Supervisors; No FEAR Act; and CR discussions at 

Employee Engagement sessions, etc.

Research and Development (R&D) – Provided continuous training to Research and 

Development employees, supervisors, managers. The employees, supervisors, managers are 

encouraged to participate in the mandatory CR training.

D. Action Taken or Planned:

o Working Together to Strengthen the Anti-Harassment Policy – In the fall of 2016, the 

Agency issued a revised and strengthened anti-harassment policy which includes all forms of 

harassment, including EEO and non-EEO-based, as well as sexual and non-sexual harassment 

and bullying – this exceeds the breadth and scope of any other anti-harassment policy and 

Federal program government-wide. The policy requires that all instances of harassment be

reported, and that an inquiry or investigation be conducted, safety precautions and steps to 

improve the situation, regardless of whether misconduct was substantiated or not, be taken in 

every instance. In order to supplement the policy and ensure its effectiveness, the Agency 

has invested a significant amount of time and resources to the policy and program, including 

training all CR and ER staff and drafted standard operating procedures. Further, the Agency 

has established a 24-hour reporting center, a training and awareness campaign, and an 

electronic tracking database. This policy and program goes above and beyond what the 

Equal Employment Opportunity Commission (EEOC) suggests and what other Federal 

agencies have in place. The Forest Service is assisting several Federal agencies, including 

USDA sub-agencies, in developing similar anti-harassment programs. This policy and 

program applies to all Agency employees, including contractors, and protects all employees, 

visitors or individuals that come in contact with Agency employees or visit the Agency’s land 

or property. Since the inception of the new policy, there have been over 65 incidents 

substantiated, leading to disciplinary actions, including removals and suspensions. Further, 

there has been a decrease of approximately 30 percent in EEO complaints. The Agency’s 

commitment to improving the work environment is evidenced by the amount of time and 

resources invested in this policy and program that has been recognized in Cyberfeds as a 

model program.

o Providing Training to New Employees – The Forest Service Rocky Mountain Region 

delivered CR Training as part of the Fire Cache 1039-Orientation to new employees. The 

training included information on the Forest Service Anti-Harassment Policy. In addition to 

annual preventative training provided to regional employees, the CR Staff also assist with the 

Anti-Harassment Training in the Shoshone National Forest to alleviate any current and/or 

future claims of harassment. 

o Integrating Civil Rights in Our Daily Work Routine – The Forest Service Rocky Mountain 

Region CR Director provides the Six Minutes for Civil Rights Series, an informational 

message and /or tools that help to integrate Civil Rights in all that the regional staff do. The 

objective of the series is to empower, equip, and develop leadership’s skills so they have the 

ability to integrate CR policies and practices throughout the region. The following trainings

were provided during FY 2017: Civil Rights Impact Analysis, Holiday Etiquette-Inclusion,

Civil Rights Mandatory Training Requirements, Limited English Proficiency, EEO Executive 
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Retaliation (No FEAR) Act Annual Report

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Orders, Written Document Translation Services, Self-Identification Form, SF-265 (Identifying 

Disabilities), LBGT Inclusion in the Federal Workplace, Facility and Site Accessibility, 

Vicarious Liability, and Reprisal/Retaliation.

o Hosting Boot Camps to Strengthen Diversity in the Forest Service – The Forest Service 

continues to focus on outreach for women in careers in Fire by hosting several “Boot Camps”. 

The objective of the Boot Camps are to increase the capacity of women in wildfire 

management. All participants are provided the basic Wildland Fire Training Courses, tested 

in fire shelter deployment, fitness for duty pre, and Fire-Line Equipment introduction, such as, 

Pulaski, Drip Torch, and Personal Protective Equipment (PPE). The intent of the Boot Camp 

is to provide women the knowledge, skills, and minimum training courses required to qualify 

for the Wildland Firefighters II Red Card.

o Creating and Maintaining an Inclusive Work Environment – The Forest Service Pacific 

Southwest Region, created and conduct Growth, Respect, Opportunity Workshop (GROW) in 

FY 2017 to catapulted the region’s effort to develop and maintain an inclusive workplace that 

culminate a commitment to personal accountability. GROW promotes networking and 

integration across the region, while providing common learning among employees and 

managers. The topics presented at GROW included unconscious bias in the workplace-its 

causes, symptoms, effects, and cures. The focus of the workshop was created to address 

opportunities identified in a workplace environment assessment report by an independent 

contractor. 

The workshop gave employees at all levels of Pacific Southwest Region organization the 

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 achieve 

the organization’s goals.

o Improving Outreach and Diversity – The Forest Service developed the Workforce 

Management Dashboard to be used by senior leaders in the Agency. The dashboard allowed 

leaders to monitor the diversity of their current workforce, as well as, new hires and 

separations. The Chief Information Officer (CIO) developed and implemented a Diversity 

Action Plan for FY 2016-2020, signed by the CIO. The USDA CR priorities and obligations 

were included in the CIO FY 2016-2020 Diversity Action Plan. All Assistant Directors, 

Branch Chiefs, and hiring managers were encouraged to use the Diversity Action Plan as a 

tool to inform and guide their decisions in hiring, retention, and career development actions. 

The Diversity Action Plan defined the current state of the CIO with respect to diversity and 

inclusion.

o Working to Develop and Maintain Proactive Partnerships – The Forest Service Law 

Enforcement and Investigations developed and maintained proactive, collaborative 

partnerships with CR advisors to ensure that the Forest Service Civil Rights Strategic Plan is 

fully supported and implemented. Further, the Washington Office LEI Leadership was 

provided EEO complaint data weekly. In addition, LEI worked with CR and HR to ensure 

outreach and diversity efforts were aligned with the Agency.

II. Number of Filers

A. Trends – In FY 2017 the number of Complainants that filed complaints are 126 which is a 

considerable decrease from prior fiscal years. In FY 2016 the U.S. Forest Service had a total 

of 143 Filers.

B. Causal Analysis:

o In FY 2017, 126 number of Complainants.

o In FY 2016, 143 number of Complainants.
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C. Knowledge Gained:

o Improvements in the Workplace Pays-Off – The Forest Service experienced an 9

percent decrease in the number of formal complaints filed as compared to 

FY 2016. In FY 2017, there were 143 formal complaints filed as compared to 158 in FY 

2016. This also represents the lowest number of formal complaint filed over the last five 

years.

o Mandatory Civil Rights Training Perpetuates a Decrease in Complaints – The Forest 

Service Southwestern Region emphasised Civil Rights training, which resulted in a 28

percent decrease in complaints filed comparative to complaints in FY 2016. One example

is a mandatory face-to-face training conducted by the region’s CR staff on Program 

Complaints (Title VI), Employment Complaints (Title VII), Reasonable Accommodation, 

and CMP. The training gave the employees a forum to engage in open dialogue and ask 

questions to seek clarity on the EEO Complaints Program.

D. Action Taken or Planned:

o Administering Civil Rights at the Start of a Career with the Forest Service – The

Forest Service delivers CR Training at the regions’ New Employee Orientation (NEO). 

The training focus on policies and practices encompassing prohibited discrimination, 

sexual harassment, and identify unacceptable behavior. Additionally, an information 

packet containing an overview of the CR Program, EEO policies and practices, and the 

EEO Complaints Process was provided to each participate.

o Integration of Civil Rights into the Agency’s Strategic Mission – The Forest Service 

Rocky Mountain Region and Rocky Mountain Research Station’s Special Emphasis 

Programs assist in the integration of EEO into the Agency’s Strategic Mission, and 

educate the region’s workforce in cultural competencies. Currently, the Rocky Mountain 

Region has sixty-two (62) collateral duty SEPM. The Rocky Mountain Region offered 

nine cultural competency training/education opportunities to serve as a vehicle to 

highlight specific groups while promoting inclusiveness. The training provided are: 1) 

Hispanic American History Month (Embracing, Enriching, and Enabling); 2) Hispanic 

Heritage Month (Shaping the Bright Future of America); 3) Black American History 

Month (School of Life’s Education – The Fools Hill Dilemma); 4) Asian American 

Pacific Islander Heritage Month (Hmong Experience in Colorado); 5) LGBT Pride 

Month (Gender Identity 101); 6) Women’s Equality Day (Inspiring Women Programs 

and Awards); 7) Women’s History Month (Personal Awareness and Self Protection); 8) 

Veteran’s Day Program (Pearl Harbor Memorial/Anniversary); 9) Native America 

History Month (Peacemaking as a Form of Dispute Resolution). The Rocky Mountain 

Research Station offered five (5) cultural competency training/education opportunities to 

serve as a vehicle to highlight specific groups while promoting inclusiveness. The 

training provided are: 1) Hispanic Heritage Month (Shaping the Bright Future of 

America); 2) Black American History Month (School of Life’s Education – The Fools 

Hill Dilemma); 3) Asian American Pacific Islander Heritage Month (Hmong 

Experience in Colorado); 4) LGBT Pride Month (Gender Identity 101); 5) Women’s 

Equality Day (Inspiring Women Programs and Awards).

o Holding Managers and Supervisors Accountable – In FY 2017, Law Enforcement and 

Investigations Leadership Team consistently held managers, supervisors and other LEI 

employees accountable and committed to USDA’s and Forest Service’s civil rights goals 

and obligations. LEI communicated civil rights goals to employees during annual and 

mid-year performance assessment; ensured all supervisory personnel had a minimum of 40 

hours of leadership training; developed future leaders through upward mobility; improved 

methods to increase diversity of applicant pool for supervisory and managerial positions; 

offered detail and temporary promotional opportunities to diverse candidates across the 
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nation; and, ensured required civil rights publications and notifications were prominently 

displayed in the workplace(s).

III. Number of Repeat Filers

A. Trends – In FY 2017, the number of Repeat Filers are 14, which is a minimal increase from 

FY 2016. In FY 2016, the U.S. Forest Service had a total of 11 Repeat Filers.

B. Causal Analysis:

o In FY 2017, 14 number of Repeat Filers.

o In FY 2016, 11 number of Repeat Filers.

C. Knowledge Gained:

o Determine the Cause and Address the Bases – The Forest Service experienced a 27

percent increase in the number of Repeat Filers, comparative FY 2016. In 

FY 2017, there were 14 formal complaints filed as compared to 11 in FY 2016. The 

Forest Service will continually assess the causes of claims in the workplace and work to 

proactively resolve incidents in the workplace before they escalate into complaints of 

discrimination.

o Open Dialogue Fosters Stronger Work Environments – The Forest Service Rocky 

Mountain Region participated in Life-Work Dialogues in FY 2017. The series is based 

on the well-being of and success of regional employees that builds trust in the workplace, 

eliminate unnecessary exposure to unhealthy and hazardous conditions and learning from 

each other.

o Visiting Employees in the Forest to Obtain Feedback – The Forest Service Pacific 

Northwest Region’s CR Staff visited employees in the National Forest continually to 

engage direct feedback on how thing are going in the workplace and provide information 

on the EEO Process. Open dialogue and interactive engagement are strongly encouraged 

during the sessions. The CR Director has found the sessions to be instrumental and 

enthusiastically received by employees in the National Forest.

D. Action Taken or Planned:

o Making Improvements through Workforce and Succession Planning – The Forest 

Service CFO’s Workforce Plan identified the current workforce and provided projections 

for the future. The plan also identified specific hiring, diversity, and competency needs 

for FY 2017 and future needs. The data provided in the Workforce Planning Template 

was used to identify workforce gaps and guide recruitment strategies, training, Cultural 

Transformation initiatives, work and organizational change, succession planning and 

knowledge transfer within the CFO. The Chief Financial Officer Executive Leadership 

was directly involved in all employment selection decisions, and ensure CR, HRM, and 

CFO policies were followed to mitigate barriers. Executive leadership was actively 

involved in employment selection decisions, which included goals to increase diversity 

representation within senior management. The CFO also has an active developmental 

training/detail program.

o Collaboration to Diminish Allegations of Discrimination – The Forest Service is 

committed to identifying, administering, and maintaining programs 

(i.e. Prevention of Sexual Harassment, Program Complaints (Title VI), Employment 

Complaints (Title VII, Reasonable Accommodation, Alternative Dispute Resolution, and 

Conflict Management and Prevention) to prevent and/or diminish discriminatory barriers.

The Forest Service collaborates with the Office of the Assistant Secretary for Civil Rights 

(OASCR), EEOC, Complainants, and the Complainant’s Representation to resolve issues 

that may lead to misunderstandings or allegations of discrimination.

o Working to Improve the Workplace – The Forest Service Job Corps have accomplished 

several initiatives to improve the workplace environment and diminish claims of 
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discrimination. The following achievements are just a few of the achievements they have 

accomplished in FY 2017: 1) The 26 Job Corps Civilian Conservation Centers (JCCCCs) 

continuously sponsored and participated in hundreds of events each month that 

encouraged student and staff development. Events included fire guard schools for 

students and staff, diversity programs, and graduation ceremonies, all of which support 

USDA’s cultural transformation initiative focused on leadership accountability, outreach 

and partnership, recruitment and hiring, retention and promotion, diversity training and 

awareness, and employee development and recognition to make the agency an inclusive, 

high-performance organization; 2) The JC National Office conducted Outcome 

Measurement System training at Pine Ridge, Centennial, Mingo, and Blackwell Job Corps 

Centers to train staff on how a Job Corps Center ranks among the 

125 Centers nationwide. This training helped staff understand how different aspects of 

the program work together to impact a Center’s performance on a month-to-month basis 

and helped staff implement best practices across all departments; 3) Job Corps conducted 

targeted agency assessments and monitoring trips at Angell, Anaconda, and Oconaluftee 

Job Corps Centers. The assessments were designed to deliver services to Job Corps 

students that operate in compliance with Job Corps program policy, achieve quality 

indicators, ensure safety, and assure the integrity of program operations; 4) Nine Job 

Corps Centers were honored for excelling as “top 50” Job Corps Centers, based on the 

annual Department of Labor Center performance report which ranks 125 Centers 

nationwide: Angell, Centennial, Flatwoods, Fort Simcoe, Harpers Ferry, Pine Ridge, 

Schenck, Trapper Creek, and Wolf Creek JCCCCs.

IV. Number of Bases Alleged in Complaints

A. Trends – In FY 2017, a total of 143 formal complaints were filed, comparative to the 158 

formal complaints filed in FY 2016. The analysis below provides the number of bases alleged 

in complaints and the percentage to the 143 cases filed in FY 2017 and 158 cases filed in FY 

2016. Additionally, the differential showing the comparative increase or decrease, by

percentage, in bases alleged in FY 2017 and FY 2016.

B. Causal Analysis – In FY 2017, 143 formal complaints were filed and the most frequently 

cited bases alleged in complaints with the percentage to the total cases filed.

o Reprisal: 92 bases (64 percent)

o Disability: 55 bases (38 percent)

o Age 49 bases (34 percent)

o Sex 48 bases (34 percent)

o Race 34 bases (24 percent)

In FY 2016, 158 formal complaints were filed and the most frequently cited bases alleged in 

complaints with the percentage to the total cases filed.

o Reprisal: 91 bases (58 percent)

o Disability: 53 bases (34 percent)

o Age 59 bases (37 percent)

o Sex 48 bases (30 percent)

o Race 34 bases (22 percent)

In FY 2017, alleged Bases increased or decreased comparative to FY 2016 as follows:

o Complaints based on Reprisal went down by 6 percent.

o Complaints based on Disability went down by 4 percent.

o Complaints based on Age went up by 3 percent.
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Retaliation (No FEAR) Act Annual Report

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o Complaints based on Sex went up by 4 percent.

o Complaints based on Race went up by 2 percent.

B. Knowledge Gained:

o Determine the Cause and Address the Bases – The most frequently raised bases within the 

Forest Service are reprisal (92), followed by disability (55), age (49), sex (48), and race (34). 

The numbers are consistent with prior years with the exception of age based claims decreased 

notably from FY 2016 (59). The Forest Service will continually assess the causes of claims in 

the workplace and work to proactively resolve incidents before they escalate into complaints of 

discrimination. 

o Being Proactive in Identifying and Preventing Discrimination – The Forest Service Pacific 

Northwest Region’s leadership met weekly with CR Staff, to discuss cases on the docket and 

identify possibilities for resolution of open complaints and brainstorm ways how to avoid 

and/correct issues that could lead to future complaints.

o Monitoring Civil Rights Training to Increase Participation – The Forest Service Northern 

Region monitored all training required by regional Forest Service employees. The monitoring 

of employees’ training increased the participation level by 40 percent, compared to prior 

years.

C. Action Taken or Planned

o Collaboration to Tell a Story – The Forest Service Pacific Southwest Region and the Asian 

Pacific American (APA) organizations has moved forward with an APA Heritage Project that 

highlights early contributions of Asian pioneers in building of the America West. A website 

“Explore APA Heritage.com” was launched featuring APA worksites on what is now Forest 

Service and surrounding lands and will include pictures, history of the site(s), and why they 

are important. The project and FS careers were showcased to youth and members at the 

August 2017 Organization of Chinese Americans Convention in Sacramento, California. 

Phase 2 of the APA Heritage Project is underway that includes continued collaboration in 

conducting a tour of the sites.

o Outreach and Diversity – The Forest Service Research and Development collaborated with 

CR to ensure outreach and diversity efforts were aligned with the Agency. R&D utilized the 

Resource Assistants Program, Minorities in Agriculture, Natural Resources, and Related 

Sciences, and the HACU program to fill internship positions. Research and Development also 

created a Diversity Action Plan to develop the future desired state for diversity in the R&D

and met on an as needed basis to discuss the current and desired state regarding diversity in 

R&D. R&D continued to work with diverse academic cooperators and others to provide 

targeted outreach opportunities, as well as provide student development by partnering with 

institutions that supported higher education and internships. R&D continued to monitor 

workforce diversity to increase representation, and took affirmative steps to increase 

representation in underrepresented groups such as Black/African American, Asian, and Native 

Hawaiian/Other Pacific Islander.

V. Number of Issues Alleged Complaints

A. Trends – In FY 2017, a total of 143 formal complaints were filed, comparative to the 158 

formal complaints filed in FY 2016. The analysis below provides the number of issues

alleged in complaints and the percentage to the 143 cases filed in FY 2017 and 158 cases filed 

in FY 2016. Additionally, the differential showing the comparative increase or decrease, by

percentage, in issues alleged in FY 2017 and FY 2016.
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B. Causal Analysis – In FY 2017, 143 formal complaints were filed and the most frequently 

cited issues alleged in complaints with the percentage to the total cases filed.

o Harassment Non-Sexual: 92 issues (64 percent)

o Terms/Condition of Employment: 31 issues (22 percent)

o Promotion/Non-Selection: 24 issues (17 percent)

o Reasonable Accommodations Disability 23 issues (16 percent)

o Assignment of Duties 19 issues (13 percent)

In FY 2016, 158 formal complaints were filed and the most frequently cited issues alleged in 

complaints with the percentage to the total cases filed.

o Harassment Non-Sexual: 103 issues (65 percent)

o Terms/Condition of Employment: 28 issues (18 percent)

o Promotion/Non-Selection: 32 issues (20 percent)

o Reasonable Accommodations Disability 26 issues (16 percent)

o Assignment of Duties 27 issues (17 percent)

In FY 2017, alleged issues increased or decreased comparative to FY 2016, is as follows:

o Complaints based on Harassment Non-Sexual went down by 1 percent.

o Complaints based on Terms/Condition of mployment went up by 4 percent.

o Complaints based on Promotion/Non-Selection went down by 3 percent.

o Complaints based on Reasonable Accommodations Disability went down by 

0 percent.

o Complaints based on Assignment of Duties went down by 4 percent.

C. Knowledge Gained:

o Identifying the Issues to Combat the Problem – The most frequent reported issues 

were: Non-Sexual Harassment (92), Terms and Conditions (31), Promotion-NonSelections (24), and Reasonable Accommodations (23), and Assignment of Duties (19). 

The most frequent issues decreased from FY 2016, with the exception of Terms/Condition 

of Employment that increased by 4% from the prior FY 2016. Non-Sexual Harassment 

issues decreased by 1% from the prior FY 2016. Additionally, Non-Sexual Harassment 

claims are at their lowest levels in FY 2017 as compared to the last five years for the 

Forest Service and the Pacific Southwest Region.

o Conducting Functional Assistance Trips (FATs) to Access the Workplace – The 

Forest Service Southern Region’s CR Staff conducts FATs in the Forest with the Region 

Office Staff. The CR team met with each individual unit’s leadership and staff directors 

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

from employees and managers. A total of six FATs were conducted in the region. The 

training assisted the team in identifying early issues that could lead to barriers, an 

exchange of vital information, problem solving methods, and develop strategies to 

improve working relationship among staff members.

D. Action Taken or Planned

o Communicating to Resolve Conflict – The Forest Service Pacific Northwest Region’s 

CMP Manager implemented crucial meetings as a means to facilitate discussions to 

improve resolve conflict in the workplace. A cadre of trainers was created and certified to 

conduct training across the Pacific Northwest Region. More than 1,000 employees were 

trained in FY 2017.

o Collaboration with Civil Rights – The Forest Service CFO meets with the Washington 

Office Service Center CR Director on a monthly bases. The CFO placed emphasis on 

achieving and maintaining diversity that is reflective of society and the private sector 

workforce. The CFO emphasis on achieving and maintaining diversity that is reflective of 
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society and the private sector workforce. The CFO established an outreach and 

recruitment team to work on a plan to reach the most diverse workforce and attract the best 

and most qualified into the Agency. Employees were briefed and educated on the 

importance of recruitment efforts and strategies, EEO process, ADR, special emphasis 

hiring opportunities, etc. The CFO communicated regularly to promote Civil Rights and 

provide managers with statistical information related to the diversity in the CFO.

o Commitment to Civil Rights – The Forest Service Washington Office leadership 

consistently held managers, supervisors and all other employees accountable and 

committed to USDA’s and Forest Service’s civil rights goals and obligations. The Forest 

Service Chief disseminated Civil Rights policy letters to all employees. In addition, a 

new Forest Service anti-harassment policy was finished and disseminate to employees. 

The new harassment policy ensures all allegations of harassment were reported and 

addressed in accordance with the timelines set forth in the policy.

o Collaboration to Achieve and Maintain Diversity – The Forest Service JC Program 

continued to concentrate its Civil Rights training efforts on leadership development, 

succession planning, Reasonable Accommodations, harassment prevention, and the EEO 

process. The goal has been to emphasize achieving and maintain diversity that is 

reflective of the American society and the private sector workforce. The JC had a central 

goal of creating an environment in which differences are valued and integrated into every 

part of the organization’s operations and leveraged to improve performance. The Job 

Corps’ leadership continued to examine barriers to employment and advancement to 

create an environment that welcomes all individuals, regardless of their protected status.

VI. Finding of Discrimination

A. Trends – In FY 2017, the USDA, OASCR issued 88 Final Agency Decisions for the Forest 

Service. Comparatively, in FY 2016, a total of 60 Final Agency Decisions were issued for the 

Forest Service. 

B. Causal Analysis – In FY 2017, the USDA, OASCR issued 88 Final Agency Decisions for the 

Forest Service. The disposition is as follows:

o There was one (1) finding of discrimination based on Race (American Indian) by 

Procedural Decision issued on May 18, 2017. 

o 35 complaints were procedurally dismissed.

o 52 Final Agency Decisions (FAD) with no finding of discrimination.

In FY 2016, the USDA, OASCR issued 60 Final Agency Decisions for the Forest Service. The 

dispositions were as follows:

o There were zero findings of discrimination by the EEOC. However, there were two 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.

C. Practical Knowledge Gained:

o Final Agency Decisions – The OASCR issued 88 FADs in FY 2017, including one

finding of discrimination. The finding of discrimination increased from the previous FY 

2016. The Forest Service will continually assess the causes of claims in the workplace 

and work to proactively resolve incidents before they escalate into complaints of 

discrimination.

o Strengthen Our Commitments to a Quick and Timely Response – The Forest Service 

Northern Region is committed to taking actions immediately, and responding to any 

allegations/incidents of sexual harassment, sexual misconduct, and any reprisal related to 

sexual harassment, along with ensuring that a corrective action is quickly administered. 
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o Open Dialogue Fosters Stronger Work Environments - The Forest Service Rocky 

Mountain Region participated in Life-Work Dialogues in FY 2017. The series is based 

on the well-being of and success of regional employees that builds trust in the workplace, 

eliminate unnecessary exposure to unhealthy and hazardous conditions and learning from 

each other.

o Strengthen Our Commitments to a Quick and Timely Response – The Forest Service 

Northern Region is committed to taking actions immediately, and responding to any 

allegations/incidents of sexual harassment, sexual misconduct, and any reprisal related to 

sexual harassment, along with ensuring that a corrective action is quickly administered. 

D. Actions Taken or Planned

o Developing Best Practices – The Forest Service R&D’s leadership ensured employee 

performance plans and individual development plans were in place for 100 percent of 

employees. Supervisors identified specific leadership, technical, and specialty training 

needed to address individual employee career plans. R&D Executive Team continued to 

develop best practices in an effort to improve clarity around employees’ concerns and 

action plans designed to improve communications, internal and external networking, and 

telework management. R&D strived to promote a workplace free of reprisal and 

harassment. R&D continued to improve on-boarding process to retain new hires. A new 

employees’ guide was made available to all Washington Office R&D employees. The 

updated guide, posted on the Forest Service intranet, is a tool that aids in the on-boarding 

process of new employees, as well as provide useful information for current employees.

o Civil Rights Engage with Leadership to Disseminate Information – The Forest 

Service Washington Office’s Civil Rights Director was actively engaged with leaders 

within the Washington Office. Leaders and employees were provided with regular 

updates on revisions to the anti-harassment policy, and ensured that every new employee 

was provided contact information for the Service Center’s staff. The DC Service Center 

Civil Rights Director attends every Washington Office Directors Group meeting to ensure 

important Civil Rights information is disseminated in a timely manner.

VII. Average Length of Time to Complete Each Stage of the Complaint 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 2017, the average number of days in the investigation stage was 149 days. 

Comparatively, in FY 2016, the average number of days in the investigation stage was 202 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 2017, the average number of days a complaint 

was in the hearing process was 876 days. In comparison to FY 2016, the average number of days a 

complaint was in the hearing process was 925 days. Of all of the stages of the complaint process, the 

final agency actions stage took the greatest number of days. In FY 2017, the average number days for 

processing final agency actions was 616 days. 

VIII. Pending Complaints Filed in Previous Fiscal Year by Status – In FY 2017, there were a total of 

297 pending complaints, a decrease from the 315 pending complaints in FY 2016.

A contributing factor for the carryover of complaints for FY 2017 was the decertification of Class 

Action Complaints (Sedillo and Bush). The Sedillo Class, still requires updates to the complaint 

database for proper disposition. Additionally, many of the pending complaints are due too long delays 

due to Complainants receiving EEOC Hearings, delays in the issuance of FADs, and the Agency’s 

inability to locate Complainants to resolve issues and close-out complaints.
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IX. Complaints Exceeding Investigation Timeframes – 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. 

X. No FEAR Reporting Requirements – The Forest Service transmitted the FY 2016 No Fear Report to 

the USDA, Office of Compliance, Policy, and Training Branch on time and received a score of 3 

points within the Goal Indicator. The FY 2017 No FEAR Data is provided below in Appendixes A 

and B.

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

the Agency has linked our 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 fiscal years. The Agency continues its 

focus on addressing workplace issues by verifying the distribution of quarterly statistical data trends 

for public record. Quarterly summary statistical data is posted as links on both the Agency 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 employees 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 complaint 

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

hardcopy or in person. 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. 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 CR policies and applicable legal requirements. The commitment and dedication of the Forest 

Service towards ensuring a workplace environment for all employees that is free of harassment and 

discrimination is evident among the positive trends that were demonstrated in the FY 2016 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 CR Office or online at the CR

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

posted in common areas of the Agency. 

Monthly reports are sent to Agency leadership to show the status of their areas of responsibility. For 

FY 2017, the Agency had 10,706 people whom had been assigned No FEAR Comprehensive Status,

and had a 79.9 percent completion rate (Appendix A). Regarding the No FEAR Refresher, the Agency 

had 24,030 employees whom had been assigned the training for FY 2017 and had a 99.1 percent

completion rate (Appendix B). Through this effort, the Agency is able to continually reinforce 
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USDA’s commitment to the establishment of a workplace that is free from discrimination, harassment, 

and retaliation.

The Forest Service is committed to USDA’s policies and goals; the Forest Service notifies its 

employees on an annual basis regarding EEO policies. This year EEO policies were distributed on 

June 13, 2017, and the annual Weingarten notification on June 1, 2017, to all employees regarding their 

rights and remedies concerning employment discrimination and whistleblower protection laws.
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APPENDIX A

USDA NoFEAR Comprehensive Status

Agency Total Assigned NoEAR Complete NoFEAR Percent 

AMS 1224 436 788 35.6%

APHIS 1958 1394 564 71.2%

ARS 125 125 0 100.0%

CR 25 25 0 100.0%

DM 40 24 16 60.0%

ERS 81 74 7 91.4%

FAS 217 211 6 97.2%

FNS 249 243 6 97.6%

FS 10706 8552 2154 79.9%

FSA 606 583 23 96.2%

FSIS 1852 1283 569 69.3%

GIPSA 213 191 22 89.7%

NAD 7 7 0 100.0%

NASS 170 161 9 94.7%

NIFA 133 36 97 27.1%

NRCS 1761 1631 130 92.6%

OBPA 2 2 0 100.0%

OC 8 5 3 62.5%

OCE 5 5 0 100.0%

OCFO 181 170 11 93.9%

OCIO 66 56 10 84.8%

OES 2 2 0 100.0%

OGC 41 37 4 90.2%

OIG 27 27 0 100.0%

RD 660 642 18 97.3%

RMA 49 49 0 100.0%

SEC 38 15 23 39.5%

Total 20446 15986 4460 78.19%

Oct 12, 2017 3:11 AM
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APPENDIX B

USDA No FEAR Refresher Status Report

Agency Total Assigned No FEAR

Complete

No FEAR

Incomplete

Percent Complete

AMS 1646 1641 5 99.7%

APHIS 5846 5681 165 97.2%

ARS 5261 5169 92 98.3%

CR 101 98 3 97.0%

DM 414 359 55 86.7%

ERS 265 263 2 99.2%

FAS 724 721 3 99.6%

FNS 1111 1111 0 100.0%

FS 24030 23807 223 99.1%

FSA 3687 3620 67 98.2%

FSIS 7516 6933 583 92.2%

GIPSA 584 581 3 99.5%

NAD 68 66 2 97.1%

NASS 797 797 0 100.0%

NIFA 480 274 206 57.1%

NRCS 9119 9017 102 98.9%

OBPA 37 37 0 100.0%

OC 49 49 0 100.0%

OCE 49 49 0 100.0%

OCFO 1223 1218 5 99.6%

OCIO 837 827 10 98.8%

OES 15 15 0 100.0%

OGC 234 228 6 97.4%

OIG 407 406 1 99.8%

RD 4087 3973 114 97.2%

RMA 396 396 0 100.0%

SEC 25 17 8 68.0%

Total 69008 67353 1655 97.6%

Oct 12, 2017 3:27 AM