FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

FARM SERVICE AGENCY

FY2020 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

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The data for the Farm Service Agency (FSA) Fiscal Year (FY) 2021 No FEAR Act Annual Report 

follows.

I. Number of Complaints Filed

Trends

Farm Service Agency (FSA) increased in the number of formal complaints filed in FY2021 by 

30%. In FY2021, 22 formal complaints were filed compared to 17 in FY2020. In FY2021, FSA 

closed 37 formal complaints compared to 40 in FY2020, a decrease of 8%.

Causal Analysis

The number of complaints filed increased by 30% from FY2020 to FY2021. This may have 

resulted from the general maximum telework/remote workplace status due to Covid-19

restrictions across the nation. Work-life balance, daily work activities and relationships were

likely positively affected by distance. Other explanations for the decrease may include FSA 

leadership emphasis on early intervention practices and the streamlining case management 

within FPAC’s Civil Rights and EEO Division (CREEOD).

The EEO Complaints Processing and Resolution Branch provided well attended “EEO 101”

training quarterly during the fiscal year. This fundamental course outlines the definition of an 

EEO complaint, describing bases and issues while walking the participant through the EEO 

complaint process. This type of training is instrumental in educating FSA employees and 

supervisors to understand USDA policy, and when, how or if one should file an EEO complaint.

Knowledge Gained

FSA is committed to complying with EEOC guidelines and continues to incorporate a structure 

for effective management, accountability, and self-analysis which will ensure program success 

and compliance with Management Directive 715 (i.e. the Model EEO Program). FSA fully 

recognize that whether the number of complaints filed with the Civil Rights Division increases or 

decreases in any year, we must not become complacent. FSA remains committed to ongoing 

system improvement and implementing best practices for reducing and eventually eliminating 

EEO complaints.

II. Number of Filers

Trends

The number of filers in FY2021 was 22; compared to 17 in FY2020. This is a decrease of 8%.

Causal Analysis
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

FARM SERVICE AGENCY

FY2020 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

2

The continued refreshed implementation and improvements in case management provides

consistency in managing administrative case processing. Improved customer service to our 

external customers played a major role with this diminishing trend.

Knowledge Gained

The willingness of supervisors and managers to engage in addressing workplace challenges 

and issues at the earliest stages, namely via the Alternative Dispute Resolution Program has 

been instrumental in reducing the number of pre-complaints progressing to the formal 

complaint phase. 

III. Number of Repeat Filers

Trends 

A review of FSA data for FY2021 shows one repeat filer for FY2021 compared to no repeat 

filers during FY2020.

Causal Analysis 

FSA will continue to take a proactive approach to resolving workplace issues. 

Knowledge Gained

FSA is committed to raising awareness of practices and policies that contribute to perceptions of 

bias or unfairness.

IV. Number of Bases Alleged in Complaints

Trends

During FY2021, of the nine federally protected EEO categories (bases), all nine bases were 

alleged in FSA complaints compared to seven alleged in FY2020. Of the nine alleged bases, the

three most cited in formal EEO complaints in FY2021 were: Sex -8, Age -8, and Race -6

compared to Sex -7, Age -7, and Reprisal -5 in FY2020. 

Causal Analysis 

Sex and Age has consecutively been alleged in the top three. It should be noted that reprisal 

(participation in previous EEO activity) may continue to be among the top three because 

most formal complaints filed within the fiscal year are filed by employee’s who filed 

previous EEO complaints. According to the Equal Employment Opportunity Commission,
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

FARM SERVICE AGENCY

FY2020 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

3

reprisal is the most frequently alleged basis of discrimination in the federal sector and the most 

common discrimination finding in Federal sector cases. 

It is perceived that negative reactions and cultural insensitivity between managers and employees 

can play a part in the bases alleged. Organization cultural differences, communication, and

misunderstanding among the Business Center employees may also play a prominent role in 

bases alleged. 

Knowledge Gained

Periodic reviews of formal EEO complaint monitoring and tracking data during the fiscal year is 

crucial to identify the bases alleged in EEO complaints, and provide management and 

supervisors with appropriate Civil Rights, EEO, and HR training to address such areas of 

concern. Providing managers and supervisors with training on how to preclude discrimination 

and harassment on the most commonly alleged bases, which include Sex, Age, and Race may 

help reduce the number of claims citing such bases. 

V. Number of Issues Alleged Complaints

Trends

The total number of issues alleged in complaints for FY2021 decreased from those reported in 

FY2020. Of the 22 formal complaints filed in FY2021, there were 12 different issues alleged 

compared to FY2020, 17 formal complaints were filed with 11 different issues. The most 

commonly alleged issues were Termination, Promotion /Nonselection, and Harassment (NonSexual).

Causal Analysis

Allegations dealing with HR personnel practices are generally cited in federal EEO complaints. 

The organizational restructure and combining of workplace cultures of the mission agencies 

(FPAC-BC, FSA, NRCS, and RMA) may pose difficulties in understanding and 

implementation of policies, processes, and procedures (i.e. work-place communication style 

as in top down vs group consensus).

Knowledge Gained

It is imperative to seek out and reaffirm best practices to prevent misunderstanding that occurs in 

the workplace and to reaffirm and uphold Federal and USDA principles, policies, and 

procedures. As employees begin to return to the workplace after working from home/remotely

during the Covid-19 pandemic, FSA can expect to receive an increased number of requests for 

reasonable accommodations. As such, CREEOD will work closely with HR to ensure that 

supervisors and managers are trained on ADA compliance obligations and the interactive process 
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

FARM SERVICE AGENCY

FY2020 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

4

regarding possible requests for reasonable accommodations for eligible employees.

VI. Findings of Discrimination

Trends 

During FY2021, there were no finding of discrimination compared to one reported in FY2020.

Causal Analysis 

FSA continues to partner with CREEOD to provide Civil Rights and EEO training that includes 

guidance on discrimination, retaliation, harassment and how to avoid these actions. When

allegations of discrimination, harassment, or reprisal are reported to the Civil Rights Program, a 

thorough inquiry into the allegations are conducted, and prompt and efficient measure(s) are

taken if needed. When FSA identifies, unprofessional, inappropriate, or potentially 

discriminatory behavior, FSA senior leadership works quickly to end this action and suitably 

discipline responsible parties.

Knowledge Gained

FSA remains committed to educating managers, supervisors, and employees on EEO and Civil 

Rights laws in its efforts to avoid harassment and discriminatory practices. 

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

Category FY 2021 Average No. Days

Total Complaints Pending 34 483

Investigation Completed 13 127

Final Agency Decision - Merit 20 59

EEOC Hearing 16 843

Complaints Pending Final Agency Action 2 396

USDA, Employment Investigation Division (EID) in the Office of the Assistant Secretary for 

Civil Rights (OASCR), has oversight for completing CREEOD’s formal EEO investigations. 

During FY2021, FSA had 13 investigations completed compared to 27 in FY2020. Of the 13

investigations completed in FY2021, 12 were completed within the regulatory time frame. In 

FY2021, one investigation was completed untimely, compared to seven untimely investigation 

reported in FY2020. CREEOD will continue to work with EID and their contracted investigators

to ensure they continue to complete timely and thorough investigations. CREEOD conducts 

regular meetings with EID to discuss issues concerning the quality and timeliness of 

investigations, including those that could potentially exceed the 180-day time frame.
FARM PRODUCTION AND CONSERVATION

CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION

FARM SERVICE AGENCY

FY2020 ANNUAL NO FEAR ACT TRENDS AND ANALYSIS

(Review Period: October 1, 2020 - September 30, 2021)

5

USDA, Employment Adjudication Division (EAD) in OASCR, has oversight for processing 

CREEOD’s Final Agency Decisions (FADs). CREEOD monitors the process to ensure that the 

FADs are completed within the regulatory requirement mandated by EEOC. There were 20

FADs processed in FY2021, and 23 FADs processed in FY2020. The average processing days

for FADs completion was 59 days. Of the 20 FADs processed, seven were processed outside the 

regulatory timeframe.

VIII. No FEAR Reporting Requirements

FSA leadership ensures access availability to agency employees, former employees, and 

applicants for Federal employment concerning the rights and remedies applicable to them under

the employment discrimination and whistleblower protection laws (e.g., No FEAR Act). USDA 

posts individual agency summary statistical EEO complaint data quarterly under Title III, "Equal 

Employment Opportunity Complaint Data Disclosure," of the No FEAR Act on its public facing 

website. No FEAR Act Refresher training is required of all USDA personnel, partners, and 

technical service providers during FY2021. 

Training of Employees – FSA provides an annual notice to its employees concerning the rights 

and remedies applicable to them under the employment discrimination and whistleblower 

protection laws.

Process of Providing Annual No FEAR Notice to Employees - Per Title II of the No FEAR Act,

each employee is required to complete the initial training and every 2 years thereafter.

Training for FSA employees was implemented accordingly and requires all employees to take 

comprehensive training via AgLearn.

FY 2021 No FEAR Training Assigned # # Completed % Completed

Farm Service Agency 247 223 90%