Equal Opportunity Data Required To Be Posted By The No Fear Act
Foreign Agricultural Service (FAS)
Data Updated as of January 29, 2004
This is the reporting page for the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (NO FEAR Act), Public Law 107-174.
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.
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. Thus, in this data posting, EEO summary statistical data is provided for FYs 1999 - 2003, and the first quarter of FY 2004 (October 1 - December 31, 2003).
There are a total of 21 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, Nutrition and Consumer Services Mission Area, (8) Food Safety and Inspection Service, (9) Foreign Agricultural Service, (10) Forest Service, (11) Grain Inspection, Packers, and Stockyards Administration, (12) Marketing and Regulatory Programs Mission Area, (13) National Agricultural Statistics Service, (14) Natural Resources Conservation Service, (15) Rural Business-Cooperative Service, (16) Rural Development Mission Area, (17) Rural Housing Service, (18) Risk Management Agency, (19) Rural Utilities Service (20) Other USDA Staff Offices, (21) all of USDA.
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 Financial Officer (including the National Finance Center); 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; Office of the Secretary; and the USDA Graduate School. 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
- 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 EEOCís
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. Note
that prior to FY 2004, investigations were the responsibility of the Office of
Civil Rights, not the individual USDA Agencies.
- 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
- 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
- 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 January 29, 2004, and will be updated periodically.
For additional information, please contact Michelle Holland in the Office of Civil Rights, Policy, Analysis, Research, and Evaluation Division, at (202) 720-8739 or Michelle.Holland3@usda.gov.