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NOFEAR ACT

On May 15, 2002, President Bush signed the Notification and Federal Employee Anti-disctimination and Retaliation (NO FEAR) Act, which increases federal agency accountability for acts of discrimination or reprisal against employee.

One of the requirements for the NO FEAR Act is that federal agencies post on their public web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies.Information for the Defense Intelligence Agency, as required by the NO FEAR Act, follows.

The data is updated on a quarterly basis.

I. Complaints of Discrimination Filed:
1st Qtr
FY 2013
FY 2012
FY 2011
FY 2010
FY 2009
FY 2008
FY 2007
FY 2006
FY 2005
A.  Complaints filed:
16
42
31
36
29
38
24
29
10
B.  Number of individual filers:
16
42
31
35
29
35
23
28
10
C.  Individuals filing 2 or more complaints:
0
0
0
1
0
2
1
1
0
                   
II. Bases of Complaints Filed:
 
 
 
 
 
 
 
A.  Race
2
11
12
10
12
12
13
19
6
B.  Color
1
0
1
3
2
0
3
2
0
C.  Religion
0
0
1
3
0
1
1
1
1
D.  Reprisal
5
18
16
19
16
20
17
22
2
E.  Sex
5
12
20
15
9
14
10
20
6
F.  National Origin
1
5
5
3
1
4
4
9
3
G.  Age
4
13
7
7
7
6
3
11
3
H.  Disability
7
11
6
5
11
10
6
12
2
I.  Equal Pay
0
0
1
0
1
0
0
0
0
J. Pregnancy Discrimination Act
0
0
1
           
K. GINA
0
1
0
0
L. Other 
0
0
1
2
1
0
0
0
0
                   
III. Issues of Complaints Filed:
 
 
 
 
 
 
 
A.  Appointment/Hire
3
4
3
3
B.  Assignment of Duties
0
4
1
2
4
1
1
1
0
C.  Awards
0
0
1
1
4
1
1
0
0
D.  Disciplinary Action/Reprimand
3
10
8
6
9
5
2
5
0
E.  Duty Hours
0
1
0
0
2
0
0
0
0
F.  Evaluation/Appraisal
2
5
3
7
4
6
6
5
1
G.  Harassment/Non-sexual
6
17
19
13
16
17
19
15
3
H.  Harassment/Sexual
1
3
4
1
1
2
2
6
0
I.  Pay/Overtime
0
1
1
0
1
1
0
0
0
J.   Promotion/Non-selection
1
10
5
6
4
12
0
8
6
K.  Reasonable Accommodation
2
1
1
0
4
1
3
2
0
L.  Reassignment
3
4
6
2
5
3
2
1
0
M.  Termination
0
2
1
3
2
6
4
6
1
N.  Terms/Conditionsof Employment
4
11
5
5
6
3
0
6
0
O.  Time & Attendance
1
2
1
2
5
5
0
2
0
P.  Training
2
4
5
3
5
1
2
1
0
Q.  Other
0
0
7
3
1
15
3
0
0
                   
IV. Pending Complaints Filed in Previous Fiscal Years by Status
1st Qtr
FY 2013
FY 2012
FY 2011
FY
2010
FY
2009
FY
2008
FY
2007
FY
2006
FY
2005
Total Complaints from previous Fiscal Years
69
37
45
43
45
39
45
20
18
Total Complainants
66
34
42
74
74
77
59
49
28
Number complaints pending
Investigation
21
2
14
0
23
29
18
29
12
ROI issued, pending Complainant's action
1
2
1
1
0
0
0
0
0
Hearing
30
21
15
7
14
12
12
4
3
Final Agency Action
5
1
8
1
5
5
9
12
5
Appeal with EEOC Office of Federal Operations
12
11
7
4
8
8
0
0
0
Complaint Investigations
2013
2012
2011
2010
2009
2008
2007
2006
2005
Pending complaints where Investigations excees required time frames2
2
1
7
6
17
26
23
10
6
                   
V. Dismissals Pursuant to 29 C.F.R.
A.  Dismissals:
2
11
7
14
5
1
11
0
0
B.  Average days pending to dismissal:
73
54
51
118
114
22
98
0
0
                   
VI.  Complaints Withdrawn by Complainants:
0
3
4
7
6
2
3
1
1
                   
VII. Findings of Discrimination:
0
2
0
0
2
1
0
0
0
                   
VIII. Complaints Pending at end of Fiscal Year:
2013
2012
2011
2010
2009
2008
2007
2006
2005
 
85
59
59
39
43
48
39
45
15

NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION RETALIATION ACT OF 2002

On May 15, 2002, President Bush signed legislation called the No FEAR Act. This act, which took effect on October 1, 2003, makes Federal agencies individually accountable for violations of anti-discrimination and whistleblower protection laws. Requirements and agency responsibilities under the No FEAR Act include:

Payment of Settlements and Judgments
Agencies that lose or settle discrimination and whistleblower cases must pay judgments out of their individual budgets. In the past, most of these settlements and judgments were paid from a governmentwide “judgment fund.” Under the new law, agencies must now reimburse the fund for court judgments and settlement payments to complainants.

Employee Information and Education
Agencies must give their employees, former employees, and applicants for employment written notification of discrimination and whistleblower protection laws. This written notification must include posting the information on the agency’s Web site. Agencies are also required to provide their employees with training regarding the rights and remedies applicable to them under these laws.

Training for Managers
Agencies should ensure that managers have adequate training in the management of a diverse workforce and in dispute resolution and other essential communication skills.

Annual Reports to Congress
Each agency must file an annual report with Congress, the Equal Employment Opportunity Commission, and the Attorney General providing information about discrimination and whistleblower cases filed against the agency, including details on how cases were resolved and any disciplinary actions against agency employees resulting from violations of discrimination and whistleblower protection laws.

Online Posting of EEO Complaint Data 
Each Federal agency must post on its public Web site summary statistical data relating to equal opportunity complaints filed against the agency. The agency must post data for the current fiscal year on a cumulative basis (year-to-date information), updated quarterly. An agency also must post year-end data for the five previous fiscal years for comparison purposes. The posting of EEO data on agency public web sites is intended to help Congress, Federal agencies, and the public assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities.

For additional information, please contact the Equal Opportunity Office at (202) 231-8178.