NO FEAR ACT
HOME / News & Features / No Fear

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

One of the requirements for the NO FEAR Act is that Federal agencies post certain summary statistical data on their public websites relating to equal employment opportunity complaints filed against the respective agencies. Information for the DIA, as required by the NO FEAR Act, follows.

The data is updated on a quarterly basis.

I. DISCRINIMATION COMPLAINTS FILED: FY 2022 Qtr 2 FY 2022 Qtr 1 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017
A. Complaints filed 16 13 45 28 50 45 58
B. Number of individual filers 16 13 45 28 50 44 58
C. Individual filing two or more complaints 0 0 0 0 0 1 0
II. BASES OF COMPLAINTS FILED:              
A. Race 7 7 19 10 17 17 20
B. Color 2 2 9 1 5 7 5
C. Religion 1 1 4 1 5 2 1
D. Reprisal 12 10 28 55 26 19 33
E. Sex 6 5 19 16 19 18 32
F. National origin 1 1 6 1 5 5 4
G. Age 4 4 16 7 6 10 9
H. Disability 5 3 17 14 15 18 17
I. Equal pay 0 0 0 0 1 0 0
J. Pregnancy Discrimination Act 0 0 0 0 1 0 2
K. GINA 0 0 0 0 0 0 2
L. Other 2 0 1 0 0 5 0
III. ISSUES OF COMPLAINTS FILED: FY 2022 Qtr 2 FY 2022 Qtr 1 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017
A. Appointment / Hire 0 0 3 5 14 9 8
B. Assignment of duties 3 2 8 3 7 4 2
C. Awards 0 0 0 0 5 2 0
D. Disciplinary action / reprimanded 0 0 1 0 13 0 16
E. Duty hours 0 0 0 1 0 3 1
F. Evaluation / Appraisal 0 0 4 0 4 6 11
G. Examination / Test 0 0 0 0 1 0 0
H. Harassment / Non-Sexual 8 7 17 11 14 27 32
I. Harassment / Sexual 0 0 1 1 3 2 2
J. Pay / Overtime 0 0 0 0 0 0 0
K. Promotion / Non-Selection 1 1 8 3 6 9 11
L. Reasonable accommodation 0 0 1 1 4 4 3
M. Reassignment 0 0 3 0 4 9 3
N. Termination 2 2 2 0 3 3 6
O. Terms / Conditions of employment 0 0 1 0 0 3 2
P. Time / Attendance 1 0 1 0 0 4 2
Q. Training 0 0 1 2 0 5 2
R. Other 0 0 0 0 4 3 0
IV. PENDING COMPLAINTS FILED PREVIOUS YEARS FY 2022 Qtr 2 FY 2022 Qtr 1 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017
Total complaints from previous fiscal years 73 73 69 69 96 79 73
Total complaints 73 73 69 69 95 77 69
NUMBER OF PENDING COMPLAINANTS              
Investigation 14 23 14 14 12 4 3
ROI issued, pending complainant's action 4 3 0 9 6 0 0
Hearing 32 42 57 51 61 69 46
Final Agency action 3 4 8 0 0 6 2
Appeal with EEOC Office of Federal Operations 15 14 5 5 5 0 22
V. COMPLAINT INVESTIGATORS FY 2022 Qtr 2 FY 2022 Qtr 1          
Pending complaints where investigations exceeds required time frames 0 0 12 0 21 12 10
VI. DISMISSALS PURSUANT TO 29 C.F.R.              
A. Dismissals 5 1 3 6 3 1 7
B. Average days pending dismissals 53 36 110 828 41 50 87
VII. COMPLAINTS WITHDRAWN BY COMPLAINANTS 1 0 4 4 5 5 4
               
VIII. FINDINGS OF DISCRIMINATION 1 1 0 0 0 0 1
               
IX. COMPLAINTS PENDING AT END OF FISCAL YEAR FY 2022 FY 2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017
      73 69 108 108 103

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 Government-wide “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 website. 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 website 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.