Food Safety and Inspection Service 

FY 2023 Annual Report of the Notification and Federal Employee 

Anti-Discrimination and Retaliation Act Report 

1. The status and disposition of pending or resolved Federal court cases against the

agency arising under employment discrimination and whistleblower protection laws:

The U.S. Department of Agriculture (USDA), Office of the General Counsel (OGC)

submits the response on behalf of the Agency.

2. The amount of money the agency was required to reimburse the Judgment Fund:

The USDA, OGC submits the response on behalf of the Agency.

3. The number of individuals disciplined and the type of discipline in connection

with employment discrimination or whistleblower cases:

One management official was issued a Letter of Reprimand resulting from a finding of

discrimination in a USDA Final Agency Decision.

4. A description of the agency’s policy for taking disciplinary action:

FSIS Directive 4735.3 on Employee Responsibilities and Conduct is found at

https://www.fsis.usda.gov/wps/wcm/connect/98f86e3d-4c63-403aba33-650d9c79f1f2/4735.3.pdf?MOD=AJPERES. Also applicable is Departmental 

Regulation 4300-010 on Civil Rights Accountability Policy and Procedures.

5. Actions planned or taken to improve complaint processing or other civil rights

programs in the agency:

• Alternative Dispute Resolution (ADR) offers: During FY 2023, the Agency offered

ADR to each Aggrieved Party (AP) at the informal stage of the Equal Employment

Opportunity (EEO) complaint process in an attempt at early resolution. At the formal

stage, ADR was typically offered to the Complainant after completion of the EEO

investigation when more information about the case was available to all parties and

where the strengths or weaknesses of the case may become evident. ADR was not

offered in cases where a Complainant elected a hearing before the Equal Employment

Opportunity Commission (EEOC) so as not to conflict with preliminary case

processing and offers of ADR in the hearing stage. The Agency will continue to offer

ADR in the same manner at the informal and formalstages of the EEO process during

FY 2024.

• Anti-Harassment Program - The Agency developed a process to ensure that all 

complaints where allegations of harassment are raised were reviewed by an office 

separate and apart from the Civil Rights Office to determine if misconduct occurred. 

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Once an AP alleges that they were subjected to harassment, the Civil Rights Staff 

forwards the complaint to the Agency’s newly established Anti-Harassment Staff. 

Upon referral, the Anti-Harassment Staff reviews the complaint and determines the 

appropriate action (i.e., inquiry, investigation, etc.) to take and ensure that action is 

taken. The Agency will continue this process during FY 2024. 

• EEO and Civil Rights (CR) training courses – EEO/CR training is an integral part

of the Agency’s mandatory annual training program for all employees. Customized

EEO/CR training is also developed and delivered where a need is identified, e.g.,

training was ordered as a result of findings of discrimination; training was requested

by a work unit.

• EEO/CR information on the Agency’s public internet - The Agency’s civil rights

web page is frequently updated and expanded with relevant information pertaining to

current EEO/CR policies, information on the EEO complaint process, ADR, required

postings, and other relevant information.

• Annual Meetings with Senior Leaders – The Civil Rights Director meets with all

senior management officials at least annually to brief them on trends in EEO

complaint activity and affirmative employment related to their programs, as well as

on other EEO/CR topics.

• Entellitrak (ETK) EEO complaints database - FSIS uses this database to process,

track, report, and assess trends in EEO complaint activity from initial contact to final

closure.

Comparative Analysis of Agency FY 2022 and FY 2023 No FEAR Act data 

1. Number of Formal Complaints Filed

Trend Examination: 

The number of formal complaints filed in FY 2023 (41) was the same the number of complaints 

filed in FY 2022 (41). 

Causal Analysis: 

The stability in the formal complaint inventory may be attributed to any or all of the 

following activities taken by the Agency in FY 2023: 

• EEO/CR Training – The following EEO/CR trainings were offered to employees,

supervisors, and managers during FY 2023: Understanding and Interpreting

Unconscious Bias; USDA Section 508 – What it is and Why it’s Important; No FEAR

Act; USDA Whistle Blowers Rights and Remedies; Preventing Retaliation; Workplace

Violence; Conflict Management; Conflict in the Establishment; Whistleblower

Retaliation and other Prohibited Personnel Practices; Workplace Violence Closure

Process; Resolving Official Refresher; Intersection of Social Media and Civil Rights

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(Hiring and Inappropriate posting); A Manager’s Guide to the EEO Process, and 

Harassment, Workplace Violence, and Hostile Work Environment Claims. Other 

ongoing training and educational efforts included a series of Agency-wide special 

emphasis programs and EEO/CR articles in Agency newsletters. 

The Agency hosted its third Virtual Diversity and Inclusion Training Conference; the 

event was available to all employees. Topics included: EEO training, EEO case law 

updates, emotional intelligence, and cultural competence. An average of 500 Agency 

employees from across the country participated during the 3-day event. 

• Issuance of EEO/CR policies – The FSIS Administrator issued three separate

EEO/CR policies during FY 2023: Equal Employment Opportunity, Civil Rights and

Anti-Harassment. These policies emphasized the Agency’s commitment to a diverse,

equitable, and discrimination/harassment-free work environment. The policies also

placed employees on notice of potential disciplinary consequences for engaging in

discriminatory, harassing, or retaliatory conduct.

• Marketing use of ADR services to address workplace disputes: The Agency has a

vigorous ADR program that assists managers, supervisors, and employees in

addressing and resolving workplace disputes. The program offers a variety of services

for both EEO and non-EEO matters, including training, facilitations, individual

conflict coaching, early intervention services for individuals and teams, and

mediations. These services are communicated to the workforce by brochures, the

Agency website, training, and word-of-mouth. During FY 2023, the Agency published

an article on the benefits of the ADR program; the article was distributed in the

Agency’s newsletter, Food for Thought. ADR is routinely included in training course

curricula given to new and experienced supervisors to help proactively address

workplace conflict. ADR training is also provided to managers, supervisors, and

employees upon request. During FY 2023, ADR efforts resulted in the resolution of

68% of EEO disputes.

Title VII employment compliance reviews: The Agency routinely conducts Title

VII compliance reviews of its work units to monitor the implementation and

execution of EEO policies and practices necessary to maintain model EEO programs.

These reviews proactively assist managers and supervisors in identifying potential

violations and/or deficiencies in EEO programs, as well as identifying workplace

climate concerns that may prevent potential EEO complaints. Among other things,

the reviews involve examining EEO complaint activity and assessing the work unit’s

EEO program. At the conclusion of the review, findings and recommendations are

issued. The Agency also monitors the implementation recommendations. The Agency

conducted four Title VII compliance reviews during FY 2023.

• Accountability assessments on actions of responsible officials engaging in or

contributing to discriminatory practices: In accordance with a USDA regulation on

civil rights accountability, the Agency routinely conducts assessments into the actions

of officials identified in EEO complaints where findings of discrimination were issued

or where settlement agreements were reached to avoid potential findings of liability.

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Employees found to have engaged in discriminatory actions are held accountable by a 

range of corrective or adverse actions. 

• Monthly Town Hall Meetings Hosted by Agency Leadership – Throughout FY 

2023, Agency leadership hosted monthly all-employee town hall meetings. During 

these virtual meetings, information was shared relating to various topics including 

recruitment and retention, leave, flexible work arrangements, and professional 

development. Hosting these monthly meetings gave employees the opportunity to 

receive information directly from leadership and be heard by leadership. This may 

have contributed to a workplace where employees felt heard and valued and prevented 

an increase in the Agency’s formal EEO complaint inventory. 

• Remote work: In FY 2023, a large number of non-frontline employees were able to 

telework or work remotely, which either eliminated or greatly reduced employee 

presence in an office setting. Remote work arrangements may have assisted in 

preventing complaints from being filed. 

Knowledge Gained: 

Supervisors and managers who participated in training gained increased knowledge about 

discrimination laws and potential Agency missteps that can generate complaints. On-going 

training helps supervisors ensure work environments remain free from disparate actions and 

harassing behaviors that result in complaints. 

The Agency gained insight into its workforce climate through four Title VII compliance 

reviews conducted in FY 2023. Review findings were provided to appropriate management 

officials, along with recommendations to address areas of concern. The information 

facilitated management awareness of issues potentially contributing to EEO complaints and 

enabled them to proactively address matters to improve their EEO programs. 

Transparent and ongoing communication between Agency leadership and the workforce may 

have assisted in improving employee morale, work-life balance, and reduced the number of 

interpersonal interactions that can result in conflict. When employees recognize that their 

feedback is solicited, heard, and, when possible, acted upon by management, there may be 

fewer instances where they believe discriminatory or retaliatory intent is a root cause of their 

aggrievement. 

Actions Taken or Planned: 

The FSIS Administrator issued three EEO/CR policies during FY 2023. These policies 

reinforced the Agency’s commitment to a diverse, equitable, discrimination and harassmentfree work environment. 

In FY 2023, the Agency ensured that the workforce completed mandatory training on 

Understanding and Interpreting Unconscious Bias; USDA Section 508 – What it is and Why 

it’s Important; and No FEAR Act. A variety of other EEO/CR trainings were also delivered 

to multiple supervisors, managers, and work units within the Agency. For FY 2024, the 

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Agency plans to issue mandatory training on FSIS-Diversity, Equity, and Inclusion: 

R.E.S.P.E.C.T. in the Workplace. 

As noted previously, the Agency hosted a third Virtual Diversity and Inclusion Training 

Conference; the event was available to all employees. Topics included: EEO training, EEO 

case law updates, emotional intelligence, and cultural competence. An average of 500 

Agency employees from across the country participated over the course of the 3-day event. 

A similar conference is planned for FY 2024. 

2. Number of Bases Alleged in Complaints 

Trend Examination: 

The top three bases and their rank order remained consistent between fiscal years. 

FY 2023 FY 2022 

1. Reprisal (19) 1. Reprisal (24) 

2. Disability (17) 2. Disability (18) 

3. Race (16) 3. Race (15) 

Reprisal was alleged in 19 complaints in FY 2023 compared to 24 complaints in FY 2022, a net 

decrease of 20.8%. Complaints citing the basis of disability decreased by one complaint, 

representing a 5.5% net decrease. The basis of race saw a slight increase of one complaint filed 

between fiscal years, representing a net increase of 6.7 %. 

Causal Analysis: 

The 21% net decrease in cases citing reprisal as a basis may be the result of more in-person 

training for supervisors and employees where prevention of retaliation was discussed. 

Additionally, EEO Counselors’ explanation to APs regarding what constituted EEO retaliation 

may have led to less complaints including retaliation as a basis. The Agency has also taken several 

steps to address conflict, which may be eliminating some retaliatory behaviors among employees. 

These efforts include engaging employees in conflict resolution, team building, and early 

intervention sessions. Through traditional counseling and ADR occurring during the informal EEO 

process, the Agency also emphasizes identifying root causes of conflict, improving communication 

between the parties, and working to reach resolution. Lastly, annual EEO/CR training and issuance 

of policy statements that address reprisal also keep employees apprised of current Agency policies 

and consequences for violating the policies. The decrease in cases citing disability may be 

attributed to the wealth of reasonable accommodation training delivered to employees in recent 

years by both USDA and FSIS. 

Knowledge Gained: 

The description of knowledge gained under Section 1 is similarly relevant under this section. With 

regard to the decrease in allegations of reprisal, past agency EEO/CR training efforts and efforts of 

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EEO Counselors have increased employee knowledge of what constitutes reprisal in an EEO 

context. 

Actions Taken or Planned: 

During FY 2023, the Agency implemented the “planned training actions” reported in the FY 

2022 No FEAR Report, wherein employees completed Understanding and Interpreting 

Unconscious Bias training. 

In FY 2024, all FSIS employees are required to complete FSIS-Diversity, Equity, and 

Inclusion: R.E.S.P.E.C.T. in the Workplace training by August 2024. In addition, the 

Agency will ensure all USDA-issued EEO/CR training is completed by employees. 

3. Number of Issues Alleged in Complaints 

Trend Examination: 

The claims of disciplinary actions and non-sexual harassment remained the two most frequently 

cited issues across FYs 2022 and 2023. Disciplinary/adverse action was the number one cited 

claim, with a net increase of 190%; this was a result of the Agency adding termination actions to 

this category. The remaining two most frequently cited claims in FY 2023 were time and 

attendance and terms/conditions of employment. 

FY 2023 FY 2022 

1. Disciplinary/Adverse Actions (29) 1. Non-sexual Harassment (13) 

2. Non-sexual Harassment (22) 2. Disciplinary Actions (12) 

3. Time and Attendance (10) 3. Terms/Conditions of Employment (10) 

4. Terms/Conditions of Employment (8) 4. Reasonable Accommodation (5) 

Causal Analysis: 

Corrective, disciplinary, and adverse actions are frequently raised as issues in discrimination 

claims; as such, it is not surprising these actions rose to the number one ranking in FY 2023. 

Complainants seek ways to mitigate or undo these types of actions or recover harm they 

perceive as discriminatory, unfair, or unjustified, and the EEO complaint process is a 

mechanism to raise and pursue those objections. 

Harassment covers a wide range of offensive behaviors, making it consistently one of the top-cited 

issues year after year. Complainants frequently cite supervisory decisions they disagree with or 

supervisory attempts to caution or correct performance and conduct deficiencies as unwelcome 

harassment because the results are annoying, embarrassing, or upsetting. Conflict with coworkers 

is also often identified as harassment. 

The ranking of non-sexual harassment among the top cited claims is consistent with trends 

reported at both the Department and Federal levels. However, in FSIS, the nature of the work 

may contribute to more instances of allegations of non-sexual harassment. The Agency’s 

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mission-critical work is performed in private establishments, where both industry and federal 

employees are present. This presents an additional opportunity to experience or witness 

inappropriate conduct, which some Agency employees may find offensive and lead to 

initiating of an EEO complaint. In addition, disagreements between employees and their 

supervisors for variousreasons (e.g., being disciplined, denied leave, etc.) may also lead to 

EEO complaints. 

The increase in time and attendance claims may be attributed to a trend in supervisory requests for 

medical documentation when employee leave abuse is suspected. Supervisors document 

employee’s absences as Absent Without Leave (AWOL) until acceptable documentation is 

provided. 

Knowledge Gained: 

Training and the issuance of EEO/CR policies may have reinforced workforce knowledge of those 

EEO/CR topics. As a result, there was not an increase in the number of complaints that were filed 

from the previous fiscal year. The interactive nature of the recurring all-employee town hall 

meetings may also have improved employee morale by providing employees access to Agency 

leadership and the opportunity to provide feedback on Agency actions and initiatives. 

Actions Taken or Planned: 

In FY 2023, the Agency issued EEO/CR policies to the workforce; EEO/CR policies will 

also be issued by the Agency during FY 2024. During FY 2023, the Agency also conducted 

four employment compliance reviews to identify workplace issues or trends requiring 

correction; employment reviews will also be conducted during FY 2024. Agency leadership 

actively engaged employees during interactive all-employee town hall meetings during FY 

2023; these meetings will continue during FY 2024. 

4. Number of Individual Filers and Repeat Filers 

Trend Examination: 

Between FY 2022 and FY 2023 there was a 2.5% decrease in the number of individual filers 

(from 40 individuals to 39). There was a 100% increase in the number of repeat filers (from one 

individual in FY 2022 to two in FY 2023). 

Causal Analysis: 

The net change in individual and repeat complaint filers between fiscal years is associated 

with the same causal factors described in the preceding section pertaining to total complaints 

filed. 

Knowledge Gained: 

The knowledge gained as described under the previous section for total number of 

complaints is similarly applicable here. 

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Actions Taken or Planned: 

The actions described in the previous section of this report are similarly applicable here. 

5. Findings of Discrimination 

Trend Examination: 

There were five findings of discrimination in FY 2023. Two of the findings were related to nonselection, two were related to failure to accommodate a disability, and one was related to sexual 

harassment. 

Causal Analysis: 

The two findings pertaining to non-selection demonstrated inconsistency in the Agency’s 

selection process, specifically relating to vetting candidates. The findings for failure to 

accommodate highlighted the Agency’s need to ensure that supervisors and managers were 

engaging in the interactive process in a timely manner. The finding relating to sexual 

harassment highlighted the Agency’s delay in taking prompt and effective corrective action 

in response to an allegation of sexual harassment. 

Knowledge Gained: 

The knowledge gained with respect to the findings relating to non-selection was that the hiring 

managers in the respective work unit where the discrimination occurred needed to be educated 

regarding the Agency’s selection process so that the issue would not recur. With respect to the 

cases relating to failure to accommodate, the knowledge gained was that supervisors and 

managers within the respective work unit should receive reasonable accommodations training. 

With respect to the case relating to sexual harassment, the knowledge gained was that the 

individuals involved should receive sexual harassment training. In addition to training, it was 

necessary to conduct an accountability assessment in each case to determine if disciplinary or 

adverse action was appropriate. 

Actions Taken or Planned: 

Appropriate training on topics applicable to the respective findings of discrimination was 

provided to all responding management officials directly involved in the cases, as well as to 

all selecting officials and/or supervisory officials, as applicable, in the respective work units. 

In addition, all five cases were assessed by the Agency and by USDA’s Office of Human 

Resource Management for accountability in accordance with the Departmental Regulation on 

civil rights accountability; the assessment resulted in one management official being issued a 

letter of reprimand. In FY 2023, the Agency re-issued its EEO/CR policy statements to reemphasize those policies and disseminated USDA’s Departmental Regulation on antiharassment policy and procedures. 

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6. Average Length of Time to Complete Each Stage of the Complaint Process 

Investigation: There was an increase of 4 days (a 2.7% increase) in the amount of time it 

took USDA to complete EEO investigations. 

FY 2023 – 152 days FY 2022 – 148 days 

Final Agency Action with Hearing: There was a decrease of 2 days (a 13.3% decrease) in the 

amount of time it took USDA to issue final orders from an EEOC Administrative Judge’s 

decision. 

FY 2023 – 13 days FY 2022 – 15 days 

Final Agency Action without Hearing: There was an increase of 87 days (a 140.3% 

increase) in the amount of time it took USDA to issue merit Final Agency Decisions. 

FY 2023 – 149 days FY 2022 – 62 days 

Dismissals: There was no change in the number of complaints dismissed in FY 2023 (3 

cases); however, there was an increase of 41 days (a 100% increase) in the amount of time it 

took USDA to issue procedural dismissals. 

FY 2023 – 82 days FY 2022 – 41 days 

7. Pending Complaints Filed in Previous Fiscal Years 

Investigations: There was 1 more case pending in FY 2023 than was pending in the previous 

year, representing a 6% increase: FY 2023 – 18 FY 2022 – 17 

Hearings: There were 2 fewer cases pending in FY 2023 than were pending the previous 

year, representing an 18% decrease: FY 2023 – 9 FY 2022 – 11 

Final Agency Actions: There were no cases pending at the end of FY 2023 

representing a 100% decrease from the previous year: FY 2023 – 0 FY 2022 – 3 

Appeals: There was a decrease of 7 pending appeals among fiscal years, representing a 

36.8% decrease: FY 2023 – 12 FY 2022 – 19 

8. Total Number of Pending Complaints Where Investigations Exceed Required 

Timeframes 

No cases exceeded the 180-day regulatory timeframe for completion of the investigation. 

This represents a 100% decrease from FY 2022, where one case was untimely completed. 

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Additional Reporting Requirements for Agency Annual No FEAR Report 

9. Posting No FEAR Statistical Data 

The Agency’s quarterly complaint data is publicly available in two locations on the FSIS internet 

site: (1) on the FSIS home page at https://www.fsis.usda.gov/wps/portal/fsis/home as a footer 

hyperlink to USDA’s No FEAR page; and (2) on the FSIS Civil Rights page at 

https://www.fsis.usda.gov/wps/portal/informational/aboutfsis/civil-rights. 

10. No FEAR Training of Agency Employees 

The Agency ensures all new employees receive No FEAR training as part of the initial onboarding 

process and then a bi-annual refresher through AgLearn thereafter. Employees are notified of the 

requirement to complete training through the Agency’s newsletter, through their supervisors, and 

through emails issued from AgLearn. 

11. No FEAR Notice 

A hyperlink to USDA’s No FEAR page and the No FEAR Act Notice is available at 

https://www.fsis.usda.gov/wps/portal/fsis/home and on the FSIS Civil Rights page at 

https://www.fsis.usda.gov/wps/portal/informational/aboutfsis/civil-rights. 

. 

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