Equal Opportunity Data Required To Be Posted By The No Fear Act
Equal Opportunity Data Required To Be Posted By The No Fear Act
This is the reporting page for the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (NO FEAR Act), Public Law
USDA is posting this summary statistical Equal Employment Opportunity (EEO)
complaint data under Title III, "Equal Employment Opportunity Complaint Data
Disclosure, of the NO FEAR Act." The NO FEAR Act requires Federal Agencies to
post cumulative year-to-date summary statistical EEO complaint data on a
quarterly basis during each Fiscal Year (FY) as follows: January 31; April 30;
July 31; and October 31. Currently, USDA is migrating its civil rights data to a
new USDA-wide Enterprise System, therefore, some postings may be revised in the
Under the NO FEAR Act, in addition to quarterly data postings, Federal Agencies
are required to post summary statistical EEO complaint data for each of the
previous five fiscal years.
There are a total of 22
individual data postings for USDA Agencies and related entities, they are
the following: (1) Agricultural Marketing Service; (2) Agricultural Research
Service; (3) Animal and Plant Health Inspection Service, (4) Cooperative State
Research, Education, and Extension Service, (5) Economic Research Service, (6)
Farm Service Agency, (7) Food and Nutrition Service, (8) Food Safety and
Inspection Service, (9) Foreign Agricultural Service, (10) Forest Service, (11)
Grain Inspection, Packers, and Stockyards Administration, (12) National
Agricultural Statistics Service, (13)Natural Resources Conservation Service,
(14) Natural Resources and Environment - Mission Area, (15) Office of Chief
Financial Officer, (16) Rural Business-Cooperative Service, (17) Rural
Development Mission Area, (18) Rural Housing Service, (19) Risk Management
Agency, (20) Rural Utilities Service (21) Other USDA Staff Offices, (22) all of
Other USDA Staff Offices includes: Departmental Administration (including Human
Resources Management, Office of Operations, Procurement and Property Management,
and Small and Disadvantaged Business Utilization); National Appeals Division;
Office of Budget and Program Analysis; Office of the Chief Economist; Office of
the Chief Information Officer; Office of Civil Rights; Office of Communications;
Office of Congressional Relations; Office of Executive Secretariat; Office of
the General Counsel; Office of the Inspector General; Office of Outreach; and
the Office of the Secretary. There are other USDA Staff Offices which are not
listed since no EEO complaints were received for the reporting period.
The EEO summary statistical data required by Title III of the NO FEAR Act is
organized in tables by fiscal year for each Agency. There are 11 items provided
in each table, they are the following:
- Item 1. The Number of Complaints Filed.
Item 2. The Number of Individuals Filing Those Complaints.
Item 3. The Number of Individuals Who Filed Two or More Complaints.
Item 4. The Number of Those Complaints Raising Each of the Various Bases of
Alleged Discrimination. The bases protected by the EEO statutes are race, color,
religion, national origin, sex, disability, age, and reprisal. Other bases that
have been alleged, i.e., marital status, union membership, etc., are listed in a
"non-EEOC-reportable" category. Note that one complaint may allege several
bases. Therefore, the total number of complaints may not be equal to the total
number of alleged bases.
Item 5. The Number of Those Complaints Raising Each of the Various Issues of
Alleged Discrimination. The Equal Employment Opportunity Commission (EEOC) has
provided Federal Agencies with a list of issues most commonly raised in
complaints. Any issue raised that is not one of EEOC’s listed issues will be
placed into the "Other" category.
Item 6. Average Length of Time to Complete Each Stage of the Complaint Process.
The data is displayed in four columns. The first lists the different stages of
the complaint process. The second lists the number of accepted complaints in
each stage of the process. The third lists the cumulative number of processing
days for all the accepted complaints processed through each stage. The fourth
lists the average number of processing days for accepted complaints in each
stage of the process.
Line 6a INVESTIGATION includes data for the entire Investigation Phase as
defined by the NO FEAR Act beginning from date of receipt of a formal complaint,
including acceptance and ending with the completion of the investigation.
Investigation (Agency): This sub-component under 6a INVESTIGATION shows the
number of complaints and average number of processing days beginning in FY 2004
for those complaints where an agency was responsible for investigating
complaints. In FY 2004, investigations became the responsibility of each agency.
This sub-component calculates the average processing time from an agency’s
receipt of an accepted formal complaint through the completion of the
complaint’s investigation. This sub-component data is not a requirement of the
NO FEAR Act.
Item 7. Final Agency Actions Involving a Finding of Discrimination. This item
contains the number of complaints with a finding of discrimination. These
complaints are separated by the number that had an EEOC Administrative Hearing
and those that did not have an EEOC Administrative Hearing.
- Item 8. Final Agency Actions Rendered Involving a Finding of Discrimination by
Basis. This item contains the bases for the complaints where discrimination was
found in a final agency action. More than one basis may be alleged for a single
complaint, therefore, the total number of bases may be greater than the total
number of complaints.
Item 9. Summary of EEO Active Complaints at the End of the Period Filed in
Current and Previous Fiscal Years. This item contains those complaints that have
been pending for the reporting period in the following categories:
Acceptance/Dismissal (Counseling); Investigation; EEOC Administrative Hearing;
Final Agency Actions; Appeal; and those complaints held in abeyance prior to a
resolution of a class complaint.
Item 10. Final Agency Actions with a Finding of Discrimination by Issues. This
item contains the issues raised in complaints where discrimination was found by
the following categories: complaints that had an EEOC Administrative Hearing and
complaints that did not have an EEOC Administrative Hearing.
Item 11. The Total Number of Complaints Pending For Any Length of Time In Which
the Agency Has Not Completed Its Investigation Within the 180-Day Time
Requirement Under 1614.106(e)(2). This item contains the number of pending
complaints where the investigation was not completed within the 180 day time
requirement categorized as follows: complaints received during the current
fiscal year reported; and complaints received prior to the beginning of the
current fiscal year reported.
The information contained within this site was last updated on September 30,
2006, and will be updated periodically.
For additional information, please email the Office of Civil Rights at
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