January 19, 2021 

 

TO: USDA Center for Civil Rights Operations

 Compliance Division 

 Office of the Assistant Secretary for Civil Rights

 

FROM: Angela E. Kelly

 Director

 

SUBJECT: Data Submission of the 2021 Notification and Federal Employee 

 Anti-Discrimination and Retaliation (No FEAR Act) Annual 

 Report 

In accordance with the reporting requirements of Title III of the No FEAR Act of 

2002 and No FEAR Act Report Guidelines, attached is the Food Safety and 

Inspection Service (FSIS) Fiscal Year (FY) 2021 Annual Report. 

The report reflects from FY 2020 to FY 2021 the Agency’s formal complaint 

inventory marginally decreased by three complaints. The Agency attributes this 

decrease to actions taken to address hiring and retention issues, as well as 

continued annual training efforts to educate employees on Equal Employment 

Opportunity (EEO) and Civil Rights (CR) matters. 

If you have any questions on the contents of the report, please contact me at 

angela.kelly@usda.gov or at (301) 504-7755. 

cc: Bridget.Peters@usda.gov 

 CCROCompliance@usda.gov

Attachment

Food Safety and 

Inspection Service 

Office of the 

Administrator 

Civil Rights Staff 

4700 River Road 

Suite 1B-01D 

Riverdale, MD 20737 
Page 2 

Food Safety and Inspection Service 

FY 2021 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 submits 

the response on behalf of the Food Safety and Inspection Service (FSIS). 

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

Fund:

USDA, Office of the General Counsel 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:

None. 

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

Reference FSIS Directive 4735.3 Employee Responsibilities and Conduct found at 

https://www.fsis.usda.gov/wps/wcm/connect/98f86e3d-4c63-403a-ba33- 

650d9c79f1f2/4735.3.pdf?MOD=AJPERES

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

programs in the agency: 

• Alternative Dispute Resolution (ADR) offer to Complainants and Aggrieved 

Parties – ADR is offered to 100 percent of all Aggrieved Parties at the informal 

stage of the complaint process. Complainants are offered ADR at the formal stage 

of the complaint process, on a case-by-case basis, usually when a Complainant 

requests a Final Agency Decision on the merits of the case from USDA as 

opposed to the Equal Employment Opportunity Commission (EEOC). 

• Equal Employment Opportunity and Civil Rights (EEO/CR) Training 

Initiatives – EEO/CR training is an integral part of the Agency’s training 

programs, including FSIS’ New Supervisor and Experienced Supervisor training

Programs. The Agency also develops and issues annual EEO|/CR training that all 

employees, supervisors, and managers are required to complete. Customized 

EEO/CR training is also developed and delivered upon request. 

• EEO/CR information on the Agency’s internet and intranet - The Agency’s

web pages were updated and expanded with relevant information pertaining to 
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EEO/CR policies, processing EEO complaints, ADR, and a Special Emphasis 

Program (SEP) directory. 

• Annual Meetings with Senior Leaders – On an annual basis, the Civil Rights

Director meets with the Agency’s senior leaders to brief them on, among other 

things, trends in informal and formal complaint activity. 

• Civil Rights Enterprise System (CRES) - FSIS uses this system to process, 

track, monitor, report, and assess trends in EEO complaint activity from initiation 

to closure. 

• Virtual FSIS Diversity and Inclusion Conference – During FY 2021, FSIS 

hosted the first of its kind Virtual Diversity and Inclusion Conference (VDIC).

The VDIC was an event that provided training to over 700 Agency employees 

throughout the country. Employees received training on various topics such as 

diversity and inclusion, employee engagement, conflict management, and health 

and wellness. The VDIC was also an excellent way for Agency employees to 

engage virtually while being provided with valuable training and presentations 

that aided in dealing with day-to-day issues that arise in the workplace. It was also 

in keeping with the President’s Executive Order (EO) 14035, Diversity, Equity, 

Inclusion and Accessibility (DEIA) in the Federal Workforce as well as promoted 

USDA’s and FSIS’ DEIA initiatives. The Agency plans to host a similar 

conference during FY 2022. 

• MD-715 Work Group – During FY 2021, FSIS established a FSIS-wide 

workgroup to assist in identifying barriers in employment practices that lead to 

underrepresentation within the various protected groups. Once barriers are 

identified, the workgroup will develop an action plan that will assist in addressing 

areas of underrepresentation. The actions developed by the workgroup will also 

be included as part of the Agency’s FY 2021 MD-715 report. 

Comparative Analysis of the Agency’s FY 2020 and FY 2021 No FEAR Act Data 

1. Number of Formal Complaints Filed 

Trend Examination: 

There was a five percent decrease in the number of formal complaints filed in Fiscal Year 

(FY) 2021 (55) compared to those filed in FY 2020 (58). 

Causal Analysis: 

The decrease in the formal complaint inventory could be attributed to the following 

actions or activities undertaken by the Agency during FY 2021: 

• Resolution of Informal Complaints - The Agency’s efforts in the timely 

processing of complaints resulted in resolution of 61% of informal EEO 
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complaints, a resolution rate higher than the Department and Federal government. 

The high level of cases resolved during the informal process prevented 69 

complaints progressing to the formal stage of the EEO process. 

• EEO/CR Training - The Agency issued mandatory training to all employees; 

ninety-one percent of the employees who completed the training met the EEO 

competency requirements by demonstrating an overall understanding of the 

training module. Additionally, the FSIS workforce was required to complete the 

USDA Reasonable Accommodation (RA) and Personal Assistance Service (PAS) 

training. Ninety-nine percent of the workforce satisfied this requirement. Other 

efforts to train and educate the workforce included publishing articles on EEO/CR 

topics in the Agency’s newsletter, hosting Agency-wide Special Emphasis 

Program (SEP) observances, and delivering EEO/CR webinars to various work 

units upon request. 

• EEO Advisory Committees - The Agency currently has 21 established Equal 

Employment Advisory Committees (EEOAC) in each of the program areas and 

districts. EEOAC members are routinely provided with EEO and civil rights 

training, workforce demographic data, updated policies, and other information 

that they share with their respective constituents. The committees also develop 

and disseminate newsletters and other civil rights and EEO-related information to 

their employees on a monthly or quarterly basis. In addition, a Model EEOAC 

Award was created to recognize the EEOAC that that demonstrated excellence in 

informing and/or educating their employees and/or the FSIS workforce on a 

whole, with respect to EEO, CR, and diversity and inclusion. 

• Special Emphasis Program - With the assistance of the Agency’s seven Special 

Emphasis Program Managers (SEPM), FSIS hosted four SEP observances during 

FY 2021. For each of these programs, FSIS collaborated with USDA’s Office of 

Communications to record, close caption, and archive the events so that they 

would be available to employees who were not able to attend in real time. Efforts 

to deliver these programs to employees supported the diversity and inclusion goals 

of the Administration and EO 14035. 

• Issuance of EEO/CR policies to the workforce – During FY 2021, the Agency 

issued EEO/CR policies to the workforce. The policies both demonstrated the 

Administrator’s commitment to a discrimination-free and harassment-free work 

environment and also demonstrated the consequences for engaging in 

discriminatory or harassing behavior. 

• Marketing of ADR to address workplace disputes at the lowest level possible – 

The Agency has a robust ADR program that assists managers, supervisors, and 

employees in addressing and resolving workplace disputes. FSIS’ ADR program 

offers a variety of services, including training, facilitations, team conflict 

resolutions, and mediations. These services are publicized through the 

dissemination of ADR information, such as brochures, to the workforce; however, 

the majority of customers are familiar with the Agency’s ADR program through 
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word-of-mouth. ADR training is provided to all new supervisors to assist them 

with addressing conflict in the workplace. Similarly, ad-hoc ADR training is 

provided to managers, supervisors, and employees upon request. During FY 2021, 

ADR resulted in the resolution of 28 non-EEO disputes and 61 percent of EEO 

disputes. During FY 2022, the Agency will continue to market the availability of 

the ADR program as a means of resolving disputes. 

• Monthly Town Hall Meetings hosted by Agency Leadership – Agency 

leadership hosted interactive monthly all-employee town hall meetings at three 

separate times of the day in an effort to communicate important information to the 

workforce, including updates on the Covid pandemic and its impact on Agency 

operations. Update portions of the calls are recorded and posted for employees 

who can’t join. These sessions kept the workforce informed on the latest policy 

guidance and public health recommendations from the CDC, OSHA, and the 

Department and Agency for personal protective gear, social distancing, and other 

protective measures in the workplace. The sessions also provided employees with 

timely guidance on the use of available leave categories and the use of the RA

process. This continual contact from top Agency leadership and day-to-day 

instructions from frontline supervisors provided updated information and guidance 

that helped boost morale for inspection personnel who were required to report to 

work daily during a nationwide pandemic. Clear and ongoing communication of 

policy and expectations created an environment of transparency and trust where 

employees less frequently felt the need to invoke the EEO process to have their 

concerns or complaints heard or where they believed they were treated disparately.

• Conducting Title VII compliance reviews – The Agency conducts Title VII 

compliance reviews of its work units in order to monitor its EEO policies and 

practices. These reviews assist in identifying potential violations and/or 

deficiencies in EEO programs as well as workplace climate concerns, thereby 

preventing potential EEO complaints. During the reviews, the Agency analyzed 

the work unit’s workforce demographic data; assessed internal procedures and 

practices and EEO complaint activity for a three-year period; administered a 

climate assessment survey and analyzed the results; and conducted facility 

assessments to determine if facilities were accessible to persons with disabilities 

and displayed appropriate EEO posters and materials. Findings and 

recommendations were issued, and action plans were developed to improve each 

work unit’s EEO program. During FY 2022, the Agency will monitor the work 

units that were reviewed during FY 2021 and follow up regarding corrective 

actions. The Agency will also conduct four Title VII compliance reviews during 

FY 2022. 

• Holding supervisors and managers accountable for engaging in 

discriminatory practices to deter such conduct in the future – The Agency 

conducts accountability assessments whenever there is a finding of discrimination 

or where an EEO complaint is resolved through a settlement agreement. Where 

appropriate, management officials who are found to have engaged in 

discriminatory practices are held accountable through training as well as corrective 
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and/or disciplinary action. The Agency also reviews findings of discrimination 

against existing policies and procedures to identify knowledge gaps or 

inconsistencies in application to proactively prevent future adverse decisions. 

During FY 2022, the Agency will continue to conduct accountability assessments 

on cases that result in findings of discrimination or settlement agreements and take 

action as appropriate.

Knowledge Gained: 

Supervisors and managers who participated in trainings were better informed about the 

laws governing discrimination complaints. This will enable them to ensure their work 

environments are free from actions and behaviors that lead to complaints. 

The Agency gained significant insight into the climate of the workforce through the five 

Title VII compliance reviews that were conducted during FY 2021. Information that was 

derived from the reviews was provided to the appropriate management officials, along 

with recommendations to address areas of concerns. The information that was provided 

will enable them to be aware of and address issues that lead to EEO complaints within 

their work units and better manage their EEO programs. 

Transparent, effective, and consistent communication to the workforce may have aided in 

improving employee morale and confidence in the Agency’s mandate to provide ongoing 

inspection coverage to industry. When employees understand the rationale behind top 

management’s policies and actions, there may be fewer instances where employees 

believe discriminatory intent drives the actions. This may have contributed to fewer 

complaints being filed in FY 2021. 

Action Taken or Planned: 

The Agency will issue EEO/CR policies from the Administrator during FY 2022. The 

policies will reinforce the Administrator’s commitment to a discrimination-free and 

harassment-free work environment. 

 

In FY 2021, the Agency ensured that the workforce completed RA and PAS training that 

was issued by USDA. This USDA training focused on RA and PAS-related laws and

policies; timeframes associated with procedures for requesting an RA and/or PAS; and 

RA/PAS Webpage and Toolkit usage. In FY 2022, the Agency will again issue RA 

training to the workforce; the training will focus on processes and procedures at the 

Agency level. In addition, the Agency will ensure that EEO/CR training that is issued by 

USDA’s Office of the Assistant Secretary for Civil Rights is completed by FSIS 

employees. 

Additionally, the Agency plans to develop and deliver Diversity and Inclusion Training 

to the workforce. The training will equip managers and supervisors with tips to ensure 

that they consider diversity at the onset when they are attempting to fill vacant positions. 

It will provide information regarding recruiting from a diverse pool of sources, tips on 

interviewing candidates to avoid biases, as well as other information regarding the 
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recruitment and hiring process. All FSIS supervisors and managers will be required to 

complete the training by September 30, 2022. 

The Agency will host a Virtual Diversity and Inclusion Conference that will focus on 

topics such as conflict management and employee engagement. The virtual platform will 

allow employees from throughout the Agency and the country to participate. 

To address staffing shortages that may have been a contributing factor to employee 

dissatisfaction and EEO complaint filings, in FY 2021, the Agency used OPM-approved 

direct hire authority to decrease the time needed to staff critical frontline GS-1863 Food 

Inspector and GS-1862 Consumer Safety Inspector positions. FSIS Office of Field 

Operations, in-plant Veterinary Medical Officers, Food Inspectors and Consumer Safety 

Inspectors are offered incentives, recruitment and retention flexibilities. In some locations 

FSIS offers a recruitment bonus and may pay some of the moving expenses to their first 

duty station. In some locations, transit subsidies are offered for those who use public 

transportation to and from work. The Agency also implemented a group monetary 

retention incentive program for in-plant Supervisory Veterinary Medical Officers/Public 

Health Veterinarians with five or more years of service as an in-plant veterinarian. The 

objective of the monetary incentive program is to retain qualified personnel in missioncritical occupations that have experienced high turnover and vacancies. FSIS is a 

qualifying employer of the Public Service Loan Forgiveness Program; the Agency also 

actively supports and promotes family- friendly workplace alternatives such as less than 

full time work schedules in some locations, and the Employee Assistance Program to 

assist employees with family and work issues. To the extent possible, the Agency will 

continue using these hiring and retention initiatives during FY 2022. 

2. Number of Individual Filers and Number of Repeat Filers

Trend Examination: 

In FY 2021, there were 50 individual complainants, two of whom were repeat filers. In 

comparison, in FY 2020 there were 53 individual complainants, two of whom were also 

repeat filers. There was no comparative change in the number of individual and repeat filers 

between fiscal years. 

Causal Analysis: 

The causal analysis described under Section 1 of this report is also applicable for the 

decrease in the number of complaint filers noted during FY 2021. The decrease in 

complaint filers can also be associated with the same contributing factors resulting in a 

decreased volume of total complaints filed. Each of the two repeat filers’ subsequent 

complaints alleged harassment (non-sexual), one from the same responding official; 

however, each filer raised new claims that were distinct from the claims raised in their 

previous complaints. 
Page 8 

Knowledge Gained: 

Regarding the number of individual filers, the knowledge-gained analyses is the same as 

that described under Section 1 for total number of complaints. It was also noted that some 

individuals used the EEO process to raise allegations, air grievances, seek information, or 

raise objections to their perceptions of being wronged, harmed, ignored, or treated 

differently in the workplace. 

Action Taken or Planned: 

The actions taken or planned actions were described in Section 1 of this report. 

3. Number of Bases Alleged in Complaints

Trend Examination: 

The top four bases remained consistent between FY 2021 and FY 2020. Although disability 

was tied with age for the fourth top basis in FY 2020, there was a 29.4 percent increase in FY 

2021, making it the top basis. Reprisal, race, sex, and age were the other top bases noted in FY 

2021. 

Reprisal was alleged in 20 complaints in FY 2021 and 26 complaints in FY 2020, a net 

decrease of 23 percent. Complaints citing race decreased by 9.5 percent, from 21 in FY 2020 to 

19 in FY 2021. Complaints citing sex had a net decrease of 30 percent from FY 2020 (20 

complaints) to FY 2021 (14 complaints). Age was the fourth most frequently cited basis in 

both fiscal years with a net decrease of 17.6 percent from 17 complaints in FY 2020 to 14 

complaints in FY 2021. 

Causal Analysis: 

Except for disability, the Agency experienced a decrease in complaints on all protected bases 

during FY 2021 compared to FY 2020, with the most significant decreases being in the bases 

of sex and reprisal. This could be attributed to several factors including the Agency’s efforts to 

resolve complaints at the earliest stage possible, specifically during the informal stage. 

Through traditional counseling and ADR, the Agency placed a great deal of emphasis on 

working with parties to reach resolution during the informal complaint process. The Agency 

continued to ensure that employees, supervisors, and managers received mandatory annual 

EEO/CR training to keep them apprised of current EEO/CR regulations and policies.

FY 2021 FY 2020

1. Disability (22)

2. Reprisal (20)

1. Reprisal (26)

2. Race (21) 

3. Race (19) 3. Sex (20)

4. Sex and Age (14) 4. Disability and Age (17)
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Knowledge Gained: 

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

Action Taken or Planned: 

During FY 2021, the Agency implemented all planned actions reported in the FY 2020 

No FEAR Report. Specifically, the workforce was issued EEO/CR and RA/PAS training 

and the majority of employees completed the training. Additional EEO/CR training was 

provided to employees, managers, and supervisors. These actions collectively assisted the 

Agency’s efforts towards achieving and maintaining a discrimination-free workplace.

In FY 2022, the Agency will again issue RA training to the workforce; the training will 

focus on processes and procedures at the Agency level. In addition, the Agency will 

ensure that EEO/CR training that is issued by USDA’s Office of the Assistant Secretary 

for Civil Rights is completed by employees. 

4. Number of Issues Alleged in Complaints

Trend Examination: 

In FY 2021, the ranking of the top two claims remained unchanged from FY 2020. The top 

claims were harassment (non-sexual), disciplinary/adverse actions, reasonable 

accommodations, and promotion/non-selection. 

FY 2021 FY 2020

1. Non-sexual Harassment (24) 1. Non-sexual Harassment (35)

2. Disciplinary Actions (14) 2. Disciplinary Actions (19)

3. Reasonable Accommodation (10) 3. Time and Attendance (9)

4. Promotion/Non-Selection (8) 4. Terms/Conditions of Employment (8)

There was a 31 percent net decrease in the number of complaints citing non-sexual harassment, 

from 35 in FY 2020 to 24 in FY 2021. The number of complaints citing disciplinary/adverse 

actions decreased by 26 percent, from 19 in FY 2020 to 14 in FY 2021. RA claims were cited 

in 10 complaints in FY 2021; this was a net increase of 100 percent from FY 2020 (5 

complaints). Claims classified as promotion/non-selection had a net increase of 14 percent, 

from FY 2020 (7 complaints) to FY 2021 (8 complaints). 

Causal Analysis: 

From FY 2020 to FY 2021, there was no change in the ranking of the top two issues. Nonsexual harassment remained the top cited claim, which is consistent with trends reported at 

both Departmental and Federal levels. Complainants frequently raised a series of sequentially 

occurring work-related incidents they categorized as harassment. Several Complainants also 

retroactively raised untimely discrete acts of alleged discrimination (such as non-selections for 

promotion and disciplinary actions) for use as background information in support of hostile 

work environment allegations. 
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The decrease in claims pertaining to discipline/adverse action could have been influenced by 

the fact that the Agency had more flexibility in FY 2021 to settle informal complaints 

associated with disciplinary actions. Prior to FY 2021, the Agency was prohibited from 

entering into settlement agreements that altered or rescinded personnel actions in employees’ 

Official Personnel Folder (OPF), except in cases where an error occurred. This prohibition 

impacted the Agency’s ability to settle informal complaints involving disciplinary/adverse 

actions, neutral references, performance appraisals, and other personnel related actions. 

However, in FY 2021, the Agency was able to resolve some complaints by negotiating the 

timeframe that disciplinary actions remain in employees’ OPF, preventing informal EEO cases 

from progressing into a formal complaint. 

Knowledge Gained: 

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

Action Taken or Planned: 

The description of actions taken and/or planned under Section 1 is similarly relevant 

under this section.

6. Findings of Discrimination

Trend Examination: 

During FY 2021, the Agency was found liable of discriminatory practices in two instances; 

both findings were the result of a Final Agency Decision (FAD). 

FY 2021 

1) Failure to accommodate physical disability (disability)

2) Sex-based disparate treatment (female) 

In FY 2020, there were no findings of discrimination issued by the EEOC, nor any by 

USDA’s Office of the Assistant Secretary for Civil Rights. 

The number of findings of discrimination increased from zero in FY 2020 to two in FY 2021. 

. 

Causal Analysis: 

Because there were only two findings, the Agency was limited in terms of its analysis and its 

ability to identify underlying trends. However, since there was an overall increase in findings 

from FY 2020 to FY 2021, the Agency concludes that there may be a lack of understanding 

among some supervisors and managers of the laws, regulations, and policies pertaining to 

EEO/CR and reasonable accommodations. 
Page 11 

Knowledge Gained: 

None. 

Action Taken or Planned: 

In FY 2021, the workforce was issued EEO/CR and RA/PAS training; the majority of the 

employees completed this training. As previously indicated, the Agency will issue 

mandatory EEO/CR training again in FY 2022. This will include training on diversity and 

inclusion as well as supplemental RA training that will provide RA guidance at the 

Agency level. In addition, the Agency will continue to focus on its Disability 

Employment Program by further distributing the RA policy and procedures and by 

providing additional RA training to managers and supervisors. The Agency will also 

promote RA training offered by external sources, such as the Office of General Counsel.

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

Investigation: There was 33.3 percent decrease in the average number of days (70 fewer 

days) USDA took to complete EEO investigations. 

FY 2021 – 140 days FY 2020 – 210 days 

 Final Agency Action with Hearing: There was a 64 percent decrease (16 fewer days) in 

the average number of days it took USDA to issue final orders. 

 FY 2021 – 9 days FY 2020 – 25 days 

Final Agency Action without Hearing: There was a 13.5 percent increase (5 more 

days) in the average number of days that USDA took to issue merit Final Agency 

Decisions. 

FY 2021 – 42 days FY 2020 – 37 days 

Dismissals: There was a 29 percent increase (seven more days) in the average number 

of days cases were pending prior to a procedural dismissal. 

 

FY 2021 – 31 days FY 2020 – 24 days 

There was an 86 percent decrease in the total number of complaints dismissed in FY 

2021 (2 cases) compared to FY 2020 (14 cases).

8. Pending Complaints Filed in Previous Fiscal Years

Investigation: 100 percent decrease (1 fewer case pending); FY 2021 – 0 FY 2020 – 1 

Hearing: 25.7 percent decrease (9 fewer cases pending); FY 2021 – 26 FY 2020 – 35
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Final Agency Action: 50 percent decrease (2 fewer cases pending) 

FY 2021 – 2 FY 2020 – 4 

Appeal: 91.4 percent decrease (74 fewer cases pending). FY 2021 – 7 FY 2020 – 81

9. Total Number of Pending Complaints Where Investigations Exceed Required 

 Timeframes

 

There was no change in the number of pending cases exceeding the 180-day timeframe. 

There were no such cases in either FY 2021 or FY 2020. 

Additional Reporting Requirements for Agency Annual No FEAR Report 

 

10. Posting No FEAR Statistical Data 

A hyperlink to USDA’s No FEAR page reflecting the Agency’s quarterly complaint data is 

available on the FSIS public website home page at https://www.fsis.usda.gov/, as well as the 

FSIS Civil Rights page at

https://www.fsis.usda.gov/employees/civil-rights. 

11. No FEAR Training of Agency Employees 

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

onboarding process for new hires and biannual refresher No FEAR training through AgLearn 

thereafter. Employees who are required to complete the training are notified about the 

requirement through the Agency’s newsletter, through their supervisors, and through reminder 

messages from the Agency’s AgLearn training system.

12. 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/ and on the FSIS Civil Rights page at 

https://www.fsis.usda.gov/employees/civil-rights.