NONDISCRIMINATION STATMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs, reprisal,
or because all or part of an individual's income is derived from any public
assistance program. (Not all prohibited bases apply to all programs.) Persons
with disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write to USDA, Director, Office of Adjudication,
1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (202) 401-0005
(voice - local), (800) 895-3272 (voice - toll-free), or (866) 377-8642 (Relay),
or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.
Suggested Citation:
The No FEAR Act Annual Report for Fiscal Year 2010, Washington, D.C., USDA, Director, Office of Adjudication, Office of the Assistant Secretary for Civil Rights.
Table of Contents
PART I: USDA Formal EEO Complaints For Fiscal Years 2009 - 2010
Section A - Number of Formal EEO Complaints and Number of Filers
Section B - Most Frequently Cited Bases in Formal EEO Complaints at USDA
Section C - Most Frequently Cited Issues in Formal EEO Complaints at USDA
Section D - EEO Processing Stages
(1)
Average Number of Days for Completion of Selected EEO Stages
(2)
Pending Complaints at Various Stages
(3) Pending Formal Complaints Exceeding the 180-Day Investigation Requirement
Section E - Final Agency Actions with a Finding of Discrimination
Section F - Analysis, Experience, and Actions
(1) Causal AnalysisPART II: USDA Reimbursement to Judgment Fund for Fiscal Year 2010
PART III: USDA Disciplinary Actions and Reports 19 for Fiscal Years 2009 - 2010
PART IV: USDA Federal Court Litigation 23 Statistics for Fiscal Year 2010
Executive Summary
Annual Reporting Requirements
This is USDA's sixth annual report submitted pursuant to the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law No. 107-174, Section 203.
The No FEAR Act mandates that Federal agencies report certain information for Fiscal Year (FY) 2010. This report contains the:
In addition, the No FEAR Act requires that USDA provide an analysis of the information submitted in the report, including: (1) an examination of trends; (2) causal analysis; (3) practical knowledge gained through experience; and (4) any actions planned or taken to improve its complaint or civil rights programs. USDA is also required to report any ascertainable adjustments made in its budget as a result of its compliance with the reimbursement requirement.
USDA's Mission and Mission-Related Functions
The mission of USDA is to provide leadership on food, agriculture, natural resources, and related issues based on sound public policy, the best available science, and efficient management.
USDA strives to:
Summary of the Report
Congress passed the No FEAR Act in May 2002 as a vehicle for reducing discrimination and retaliation in Federal agencies, increasing agency accountability, emphasizing training for managers in the management of a diverse workforce, and encouraging dispute resolution and communication skills. The annual report summarizes the efforts made by USDA to carry out the mandates of the No FEAR Act.
As demonstrated in greater detail below, USDA experienced a decrease of 55 EEO complaints filed from FY 2009 to FY 2010, ending the EEO inventory at the end of FY 2010 with 841 complaints. The number of filers, however, increased by 67 from FY 2009 to FY 2010. In addition, the number of findings of discrimination also increased from FY 2009 to FY 2010. Data illustrating this trend is found in the Appendix.
A review of disciplinary actions taken against employees who violated Federal antidiscrimination laws and whistleblower protection statutes shows that in FY 2010, 13 employees were disciplined; while in FY 2009 16 employees were disciplined. This decrease in disciplinary actions between FY 2009 and FY 2010 indicates a continual level of accountability present within USDA. The reimbursement provisions of the No FEAR Act continue to result in financial accountability for sub-agencies and individual staff offices within USDA.
During FY 2010, USDA has implemented several initiatives that will assist in its effort to reduce the number of EEO complaints. These initiatives are outlined below:
Section A- Number of Formal EEO Complaints and Number of Filers at USDA
Introduction
This section contains information regarding the number of formal EEO complaints filed and the number of filers for FYs 2009 and 2010.
Summary of Data
Table 1 below indicates the number of formal EEO complaints filed with USDA by fiscal year and the number of individuals who filed complaints. It shows a decrease in the number of complaints filed over the prior year and a slight increase in the number of filers for the current year. (See Graph 1).
In FY 2010, the number of complaints filed was 473, whereas, in FY 2009 the number of complaints filed was 528. This represents a 10 percent decrease in complaints filed. However, the number of filers in FY 2010 was 461, which is 67 more than the number of filers (394), in FY 2009.
Fiscal Year |
Number of Complaints |
Number of Filers |
---|---|---|
2009 |
528 |
394 |
2010 |
473 |
461 |
Graph 1
Formal EEO Complaints and Filers
at USDA
Section B- Most Frequently Cited Bases in Formal EEO Complaints at USDA
Introduction
This section contains information regarding the most frequently cited bases in formal EEO complaints for FYs 2009 and 2010. The basis of the complaint is the protected characteristic that the complainant alleges forms the motivation for the discriminatory conduct. The bases protected by EEO statutes are race, color, religion, national origin, sex, disability, age and retaliation (for participating in the EEO complaint process or for opposing practices made illegal under the EEO laws). A complaint brought under the Equal Pay Act of 1963, as amended, is considered to be a complaint based on sex.
Summary of Data
Table 2 provides data on all bases alleged in formal EEO complaints filed with USDA. Of all bases, the four most frequently cited in formal EEO complaints filed in FY 2010 are: (1) retaliation; (2) race; (3) sex; and (4) age. In FY 2009, the four most frequently cited bases were: (1) retaliation; (2) race; (3) sex; and (4) age. These four bases are illustrated in Graph 2, which shows the trend over the two-year reporting period.
Table 2 Most Frequently Cited EEO Bases in Formal EEO Complaints at USDA
Year |
Race |
Color |
Religion |
Sex |
National Origin |
Disability |
Age |
Retaliation |
Other* |
---|---|---|---|---|---|---|---|---|---|
2009 |
181 |
44 |
13 |
178 |
61 |
91 |
168 |
248 |
33 |
2010 |
166 |
23 |
16 |
159 |
49 |
97 |
157 |
181 |
44 |
*Other USDA protected bases include marital status, parental status, and sexual orientation, political beliefs, genetic information and familial status.
Graph 2 - Most Frequently Cited Bases
Complaints Alleging Retaliation
“Retaliation” is the most frequently alleged basis in formal EEO complaints at USDA. This is true for both FYs 2010 and 2009. However, there was a decrease in the number of complaints filed in FY 2010 from FY 2009. The basis of “Retaliation” was cited in 181 formal EEO complaints in FY 2010, compared to 248 complaints in FY 2009, a 27 percent (67 complaints) decrease over a two-year period.
Complaints Alleging Race Discrimination
“Race” is the second most frequently alleged basis in formal EEO cases at USDA. The basis of “Race” was cited in 166 formal EEO complaints in FY 2010, compared to 181 complaints in FY 2009, an eight percent decrease (15 complaints) over a two-year period.
Complaints Alleging Sex Discrimination
"Sex” was the third most frequently alleged basis in formal EEO cases at USDA in FY 2010. The basis of “Sex” was cited in 159 formal EEO complaints in FY 2010, compared to 178 complaints in FY 2009, an 11 percent decrease (19 complaints) over a two-year period . </p>
Complaints Alleging Age Discrimination
"Age” was the fourth most frequently alleged basis in formal EEO cases at USDA in FY 2010. The basis of “Age” was cited in 157 formal EEO complaints in FY 2010, compared to 168 complaints in FY 2009, a seven percent (11 complaints) decrease over a two-year period.
Section C- Most Frequently Cited Issues in Formal EEO Complaints at USDA
Introduction
This section contains information regarding the most frequently cited issues in formal EEO complaints for FYs 2009 and 2010. The No FEAR Act requires Federal agencies to post data regarding the nature of the issues raised in EEO complaints. The issue of a complaint is the specific matter about which the individual is complaining or the alleged discriminatory incident for which the individual is seeking redress. Table 3 contains a list of issues most commonly raised in complaints. The “Other” category captures all issues not specifically listed.
Summary of Data
Table 3 provides the most frequently cited issues in formal EEO complaints filed with USDA. The three EEO issues most frequently cited in FY 2010 were: (1) Harassment; (2) Promotion/Non-Selection; and (3) Other. Graph 3 shows the trends for these three issues over the two-year reporting period.
“Harassment” was the most frequently cited issue in formal EEO cases in FY 2010, with 190 filings. In contrast, “Harassment” had 252 filings in FY 2009. There was a 25 percent decrease (62 complaints) from FY 2009 to FY 2010.
“Promotion/Non-selection” was the second most frequently cited issue in formal EEO cases in FY 2010, with 103 filings. In contrast, “Promotion/Non-Selection” had 117 filings in FY 2009. There was a 12 percent decrease (14 complaints) from FY 2009 to FY 2010.
“Other” was the third most frequently cited issue in formal EEO cases in FY 2010, with 64 filings. In contrast, “Other” had 57 filings in FY 2009. There was an increase of 12 percent (7 complaints) from FY 2009 to FY 2010.
Table 3
EEO Issues in Formal EEO Complaints
Issue |
2009 |
2010 |
---|---|---|
Appointment/Hire |
20 |
23 |
Assignment of Duties |
80 |
51 |
Awards |
21 |
11 |
Conversion to Full Time |
0 |
1 |
Disciplinary Action |
70 |
58 |
Duty Hours |
9 |
5 |
Evaluation/Appraisal |
66 |
59 |
Examination/Test |
2 |
1 |
Reassignment |
35 |
25 |
Training |
35 |
22 |
Time and Attendance |
31 |
22 |
Termination |
35 |
34 |
Medical Examination |
0 |
1 |
Pay/Overtime |
5 |
10 |
Promotion/Non-selection |
117 |
103 |
Harassment |
252 |
190 |
Reinstatement |
1 |
2 |
Retirement |
6 |
1 |
Terms and Conditions of Employment |
49 |
38 |
Reasonable Accommodation |
28 |
32 |
Other |
57 |
64 |
Graph 3
EEO Issues in Formal EEO Complaints
Section D- EEO Processing Stages
Introduction
This section contains data regarding selected stages and associated processing times for formal EEO complaints processed during FYs 2010 and 2009. The formal EEO complaint process has various stages. Not all formal complaints complete all stages. These stages are: (1) Investigation (which includes Letter of Acceptance); (2) Final Agency Action with EEOC Hearing; (3) Final Agency Action without EEOC Hearing; and (4) Dismissal. Formal EEO complaints may be withdrawn or settled at any stage and may be dismissed at various stages.
Summary of Data
The following is an analysis of data for the four EEO stages. This section contains data on: (1) the average number of days for completion of selected stages; (2) pending complaints at various stages of the EEO process; and (3) pending formal complaints exceeding the 180-day investigation requirement.
(1) Average Number of Days for Completion of Selected EEO Stages
Table 4 below provides the average number of days for completing a formal EEO complaint at each stage. The data revealed an upward trend (as shown in Graph 4) in the average number of days for an investigation, in the Final Agency Action without an EEOC hearing, in the Final Agency Action with a hearing and in dismissals.
Year |
Investigation |
Final Agency |
Final Agency |
Dismissals |
---|---|---|---|---|
2009 |
161 |
177 |
678 |
248 |
2010 |
314 |
190 |
832 |
257 |
Graph 4
Average Number of Days for Completion of Each EEO Stage
(2) Pending Complaints at Various Stages
Table 5 below illustrates the number of pending EEO complaints in FYs 2010 and 2009, at each EEO stage.
Graph 5 shows an upward trend in pending complaints in investigations and appeals and a downward trend in pending complaints for hearings and Final Agency Actions.
Year |
Investigation |
Hearing |
Final Agency Action |
Appeal |
---|---|---|---|---|
2009 |
212 |
372 |
157 |
24 |
2010 |
356 |
296 |
124 |
25 |
Graph 5
Pending EEO Formal Complaints by Stage
(3) Pending Formal Complaints Exceeding the 180-Day Investigation Requirement
Table 6 and Graph 6 shows a 12 percent increase for pending formal complaints that exceed the 180-day investigation requirement over the two-year reporting period.
Year |
Pending Complaints Exceeding the 180-day |
---|---|
2009 |
171 |
2010 |
192 |
Graph 6
Pending Formal EEO Complaints Exceeding 180-Day
Investigation Requirement
Section E - Final Agency Actions with a Finding of Discrimination
Introduction
Final Agency Actions involving a finding of discrimination may be issued on the record or following an EEOC administrative hearing. The final actions involving a finding of discrimination include complaints with a variety of bases and issues. The No FEAR Act requires Federal agencies to post the total number of final actions involving a finding of discrimination, along with the issues and bases for those complaints.
Summary of Data
Table 7 and Graph 7 shows that the number of findings of discrimination issued with an EEOC Administrative Hearing increased by four in FY 2010 from FY 2009, and without an EEOC Administrative Hearing increased by nine in FY 2010 from FY 2009.
Year |
With an EEOC |
Without an EEOC |
---|---|---|
2009 |
3 |
13 |
2010 |
7 |
22 |
Graph 7
Final Agency Actions with a Finding of Discrimination
Section F - Analysis, Experience, and Actions
Introduction
The No FEAR Act requires: (1) an examination of trends; (2) a causal analysis; (3) practical knowledge gained through experience; and (4) any actions planned or taken to improve USDA's complaint or civil rights programs. The prior sections (Sections A-E) provided an examination of trends. Described below are various observations related to the remaining three areas.
(1) Causal Analysis
USDA and its sub-component agencies identified various factors impacting the filing of formal EEO complaints. Examples are as follows:
1. The Agricultural Marketing Service (AMS) reported a decrease in the number of formal complaints filed in FY 2010 (12) as compared to 20 formal complaints filed in FY 2009. This 40 percent decrease is attributed to increased outreach by the AMS civil rights program to increase awareness of prohibited discriminatory practices. AMS conducted additional trainings and worked proactively during the pre-complaint and informal complaint stages to resolve workplace differences.
2. The Animal and Plant Health Inspection Service (APHIS) reported a decrease of 16 complaints filed in FY 2010. Specifically, there were 45 formal complaints filed in FY 2010, as compared to 61 formal complaints filed in FY 2009. APHIS attributes the decrease in part to the continued education of managers and supervisors and their early involvement in resolution.
3. The Agricultural Research Service (ARS) reported a slight decrease in the number of complaints filed in FY 2010. This slight decrease in the number of complaints filed in FY 2010 is being attributed to training and the agency encouraging the use of mediation and cooperative resolution to resolve complaint matters.
4. The Economic Research Service (ERS) reported an increase of one complaint for FY 2010 from FY 2009 (2). ERS attributes the increase to allegations of harassment and reprisal.
5. The Foreign Agricultural Service (FAS) reported an increase of one in formal complaints filed in FY 2010. FAS attributes this slight increase to complaints filed on the basis of religion.
6. The Food and Nutrition Service (FNS) reported an increase of complaints filed in FY 2010. FNS attributes the increase to employee awareness of their EEO rights.
7. The Forest Service (FS) reported an increase in the number of formal EEO complaints filed in FY 2010 compared to those filed in FY 2009. The increase was attributed to complaints filed on the basis of sex (female).
8. The Farm Service Agency (FSA) reported an increase in formal complaints filed in FY 2010. FSA attributes this increase to a lack of training and knowledge of EEO/Civil Rights laws and regulations.
9. The Food Safety and Inspection Service (FSIS) reported a decrease in the number of formal complaints filed in FY 2010. FSIS attributes the decrease to increased training and education efforts by the civil rights division and increased resolution of complaints by EEO Counselors at the lowest level possible.
10. The Grain Inspection, Packers and Stockyards Administration (GIPSA) reported an increase in the number of complaints filed in FY 2010. GIPSA attributes the increase to the number of complaints filed on the basis of age. GIPSA indicated that this may be due to the fact that 71 percent of GIPSA's full-time and part-time workfofrce is over the age of 40.
11.
The National Agricultural Statistics Service (NASS)
reported that the number of
complaints and filers decreased in FY 2010 compared to FY 2009.
This decrease is attributed to the message presented by the
Administrator in his Civil Rights Policy Statement and the follow-up
reminders presented at new employee orientations and at the required
supervisory and top management training sessions.
12.
The National Institute of Food and Agriculture
(NIFA) (formerly known as the Cooperative State Research, Education and
Extension Service) reported an end of year balance of zero complaints for FY
2010. NIFA attributes their zero
complaint filings to effective communication and commitment to EEO, Human
Resources, and workforce diversity training.
13. The Natural Resources Conservation Service (NRCS) reported a significant decrease of the total number of complaints filed in FY 2010. NRCS attributes the decrease of complaints to it mandatory comprehensive training program that provides bi-annual training to all employees, managers, and supervisors. The training places special emphasis on proactive prevention of unlawful discrimination.
14. The Risk Management Agency (RMA) reported that the number of formal complaints filed in FY 2010 increased by one from FY 2009. RMA attributes the increase in complaints to management perceptions and decision, poor interpersonal relationships and long standing problems between management officials and employees.
15. The Rural Development (RD) Agency reported a decrease in the number of complaints filed in FY 2010 compared to those filed in FY 2009. This decrease is attributed to an increased mandatory training given to managers. In addition, a number of management control reviews were conducted during FY 2010 in which employees took the opportunity to ask questions and receive clarification on EEO policies and procedures, thereby increasing the level of awareness of the difference in the EEO and Administrative/Negotiated Grievance procedures.
(2) Experience Gained by USDA in the Processing of Formal EEO Complaints
USDA has learned the following from its past experience in processing and addressing formal EEO complaints:
(3) Past and Future Actions by USDA Relating to EEO Complaints Processing
USDA has taken several actions that have proven effective in improving its formal EEO complaint processing. USDA is also introducing new initiatives to reduce complaints in future years. These past and future actions include:
USDA Reimbursement to Judgment Fund for Fiscal Year 2010
Introduction
Table 8 below provides information on reimbursements by USDA to the Department of Treasury’s Judgment Fund for monies associated with FY 2010 judgments, awards, or settlements under the statutes addressed in the No FEAR Act.
Case |
Total Amount |
Attorney's Fees |
---|---|---|
1 |
$43,500.00 |
|
2 |
45,000.00 |
|
3 |
155,000.00 |
|
4 |
12,500.00 |
|
5 |
25,000.00 |
|
6 |
75,000.00 |
55,000.00 |
Total |
$356,000.00 |
$55,000.00 |
Summary
In FY 2010, USDA reimbursed the Judgment Fund $356,000.00, of which $55,000.00 was identified as payment of attorney's fees. No monies were paid for judgments or awards.
USDA Disciplinary Actions and Reports
for
Fiscal Years 2009 - 2010
Summary of Data
PART 1: Table 9a and 9b below contain the number of disciplinary actions taken against employees who were found to have committed prohibited acts of discrimination, retaliation, harassment, or prohibited personnel practices (including those acts discovered in conjunction with investigations of whistleblower protection or civil rights complaints).
Type of Action |
DISC. |
RETAIL |
HAR |
PPP |
WBP |
TOTAL |
---|---|---|---|---|---|---|
REMOVAL |
0 |
0 |
2 |
0 |
0 |
2 |
15 DAY OR MORE |
0 |
0 |
0 |
0 |
0 |
0 |
14 DAY OR LESS |
3 |
0 |
8 |
0 |
0 |
11 |
REDUCTION IN GRADE |
0 |
0 |
1 |
0 |
0 |
1 |
REDUCTION IN PAY |
0 |
0 |
0 |
0 |
0 |
0 |
LOR |
0 |
0 |
2 |
0 |
0 |
2 |
TOTAL DISCIPLINE |
3 |
0 |
13 |
0 |
0 |
16 |
Table Abbreviations: Disc. = Discrimination; Retail. = Retaliation; Har. = Harassment; PPP = Prohibited Personnel Practice; WBP = Whistleblower Protection Act; and LOR = Letter of Reprimand.
Type of Action |
DISC. |
RETAIL |
HAR |
PPP |
WBP |
TOTAL |
---|---|---|---|---|---|---|
REMOVAL |
2 |
0 |
3 |
0 |
0 |
5 |
15 DAY OR MORE |
0 |
0 |
1 |
0 |
0 |
1 |
14 DAY OR LESS |
0 |
0 |
4 |
0 |
0 |
4 |
REDUCTION IN GRADE |
0 |
0 |
0 |
0 |
0 |
0 |
REDUCTION IN PAY |
0 |
0 |
0 |
0 |
0 |
0 |
LOR |
0 |
0 |
3 |
0 |
0 |
3 |
TOTAL DISCIPLINE |
2 |
0 |
11 |
0 |
0 |
13 |
Table Abbreviations: Disc. = Discrimination; Retail. = Retaliation; Har. = Harassment; PPP = Prohibited Personnel Practice; WBP = Whistleblower Protection Act; and LOR = Letter of Reprimand.
PART 2: Table 10 below illustrates the number of Office of Special Counsel Whistleblower cases and the numbers of employees disciplined under the Department's disciplinary policies related to whistle-blowing and discrimination.
CATEGORIES OF CASES |
FY 2009 |
FY 2010 |
Total |
---|---|---|---|
OSC WHISTLEBLOWER CASE |
0 |
5 |
5 |
OSC WHISTLEBLOWER CASE CLOSED |
0 |
0 |
0 |
OSC WHITLEBLOWER DISCIPLINE TAKEN |
0 |
0 |
0 |
Disciplinary Policy
Improving the civil rights environment throughout the Department is a priority for USDA. There is a “Zero Tolerance” policy for acts of discrimination, harassment or reprisal of any kind. It is USDA policy to pursue appropriate administrative action against anyone who is found to have engaged in such activities. USDA continues to apply its accountability policy and employee awareness activities in its effort to prevent illegal discriminatory actions and to discipline those who commit such offenses. The Civil Rights and Human Resources staffs work in close cooperation, using proven tracking and reporting systems, to monitor compliance activities and readily identify emerging trends.
In cases involving discrimination, harassment, or reprisal, subordinate components of USDA effect disciplinary or corrective action in accordance with current laws, rules, regulations, and policies. The Office of Human Resources Management (OHRM) reviews agency disciplinary or corrective actions in cases involving discrimination, harassment, or reprisal. The type and severity of disciplinary action is based on the USDA Guide for Disciplinary Penalties, Appendix A, Department Personnel Manual 751. This guide contains specific sections on discrimination and retaliation, sexual misconduct, and prohibited personnel practices.
In May 2010, USDA implemented an initiative to provide increased oversight of cases involving violation of antidiscrimination and whistleblower protection laws in which there is a finding of liability against the Department. As part of that initiative, OHRM established the Equal Opportunity Accountability Unit (EOAU) with the primary mission of ensuring that USDA personnel are held accountable and responsible for their actions. The EOAU raises awareness and ensures that individuals in decision making positions implement appropriate corrective actions when it is determined that a violation of this nature has occurred. The EOAU is also charged with implementing program improvements to ensure that all USDA services are available in a non-discriminatory manner.
In October 2007, USDA OHRM updated Departmental Regulation (DR) 4070-735-001, Employee Responsibility and Conduct. This DR establishes guidelines and requirements for employees and works in conjunction with government-wide ethics regulations. It specifically prohibits employees from engaging in workplace harassment, sexually inappropriate conduct, retaliation in response to protected activities, creating a hostile work environment, or illegal discrimination. The DR requires that each employee receive a copy to ensure that they are fully aware of the responsibility and conduct standards for the Department.
In January 2006, the Office of Civil Rights and OHRM issued DR-4300-010, Civil Rights Accountability Policy and Procedures. The purpose of this directive is to ensure employees are held accountable for discriminatory or related misconduct and to outline management’s obligation to take appropriate corrective action against those who have engaged in these prohibited acts. This policy also requires that all USDA employees be made aware of its contents.
In addition to Department-wide policies and initiatives, USDA mission areas have taken steps to improve the civil rights environment throughout their respective subordinate agencies. The most recent initiative is the Leadership Accountability Action Plan implemented by the Forest Service in 2010. This policy complements overall Departmental policy of increased accountability. The following is a list of other current policies by agency:
Food, Nutrition & Consumer Services
FNS & CNPP Harassment Prevention Policy 2009-3
FNS & CNPP Civil Rights Policy 2009-2
Food Safety
Directive 4735.3; Employee Responsibilities and Conduct
Forest Service
Forest Service Civil Rights Policy Statement
Forest Service Anti-Harassment Policy
Research, Education & Economics
Policy & Procedure 461.5; Misconduct, Discipline, and Adverse Actions
Rural Development
RD Instruction 2045-GG; Disciplinary and Adverse Actions,
Performance-Based Actions, and Probationary Terminations
Tables 11, 12, and 13 provide composite data for cases in Federal court pending or resolved in FY 2010 and arising under the antidiscrimination and whistleblower protection laws.
Pending District Court Cases |
70 |
---|---|
Pending Appellate Court Cases |
12 |
New Cases Filed in District Court |
20 |
Note: Cases pending at any time during the year, including those filed during the year, and those disposed of during the year.
29 U.S.C. §206(d) |
29 U.S.C. §631 |
29 U.S.C. §633a |
29 U.S.C. §791 |
42 U.S.C. §2000e-16 |
|
---|---|---|---|---|---|
Disposed of during FY 2010 |
1 |
0 |
5 |
3 |
22* |
Still Pending at end of FY 2010 |
0 |
0 |
8* |
8** |
49** |
*Denotes more than one basis alleged in 4 cases.
**Denotes more than one basis alleged in 6 cases.
29 U.S.C. §206(d) |
29 U.S.C. §631 |
29 U.S.C. §633a |
29 U.S.C. §791 |
42 U.S.C. §2000e-16 |
|
---|---|---|---|---|---|
Settlements |
1 |
0 |
1 |
3 |
8* |
Withdrawals |
0 |
0 |
0 |
0 |
1 |
Final Judgment for Complainant |
0 |
0 |
0 |
0 |
0 |
Final Judgment for Agency |
0 |
0 |
4 |
0 |
13* |
*Denotes more than one basis alleged in 4 cases.
Equal Employment Opportunity Data Posted
Pursuant to the No Fear Act
USDA
2010 for period ending September 30, 2010
Complaint Activity |
2006 |
2007 |
2008 |
2009 |
2010 |
---|---|---|---|---|---|
Number of Complaints Filed |
530 |
545 |
508 |
528 |
473 |
Number of Complainants |
483 |
487 |
395 |
394 |
461 |
Repeat Filers |
38 |
33 |
48 |
21 |
7 |
Complaints by Basis |
2006 |
2007 |
2008 |
2009 |
2010 |
---|---|---|---|---|---|
Race |
207 |
185 |
184 |
181 |
166 |
Color |
45 |
43 |
36 |
44 |
23 |
Religion |
28 |
21 |
18 |
13 |
16 |
Reprisal |
263 |
258 |
267 |
248 |
181 |
Sex |
181 |
176 |
174 |
178 |
159 |
National Origin |
79 |
41 |
44 |
61 |
49 |
Equal Pay Act |
15 |
8 |
0 |
3 |
1 |
Age |
174 |
180 |
158 |
168 |
157 |
Disability |
97 |
103 |
107 |
91 |
97 |
Non-EEO |
14 |
14 |
31 |
33 |
44 |
Complaints by Issue |
2006 |
2007 |
2008 |
2009 |
2010 |
---|---|---|---|---|---|
Appointment/Hire |
29 |
33 |
28 |
20 |
23 |
Assignment of Duties |
58 |
58 |
52 |
80 |
51 |
Awards |
16 |
10 |
24 |
21 |
11 |
Conversion to Full-time |
0 |
0 |
0 |
0 |
1 |
Disciplinary Action |
|||||
Demotion |
4 |
4 |
3 |
4 |
5 |
Reprimand |
14 |
14 |
15 |
25 |
13 |
Suspension |
18 |
20 |
25 |
23 |
26 |
Removal |
5 |
9 |
7 |
7 |
6 |
Other |
6 |
14 |
6 |
11 |
8 |
Duty Hours |
6 |
7 |
9 |
9 |
5 |
Evaluation Appraisal |
47 |
37 |
62 |
66 |
59 |
Examination/Test |
1 |
2 |
2 |
2 |
1 |
Harassment |
|||||
Non-Sexual |
202 |
200 |
215 |
237 |
177 |
Sexual |
15 |
20 |
15 |
15 |
13 |
Medical Examination |
0 |
0 |
0 |
0 |
1 |
Pay (Including Overtime) |
6 |
5 |
9 |
5 |
10 |
Promontion/Non-Selection |
151 |
139 |
124 |
117 |
103 |
Reassignment |
|||||
Denied |
2 |
6 |
4 |
10 |
5 |
Directed |
21 |
35 |
17 |
35 |
20 |
Reasonable Accommodation |
21 |
40 |
36 |
28 |
32 |
Reinstatement |
0 |
1 |
1 |
1 |
2 |
Retirement |
11 |
5 |
3 |
6 |
1 |
Termination |
46 |
37 |
11 |
35 |
34 |
Terms/Conditions of Employment |
40 |
42 |
50 |
49 |
38 |
Time and Attendance |
31 |
40 |
36 |
31 |
22 |
Training |
19 |
19 |
38 |
35 |
22 |
Other |
88 |
70 |
51 |
57 |
64 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
---|---|---|---|---|---|
Complaints Pending during Fiscal Year |
|||||
Average number of days |
21 |
293 |
445 |
161 |
314 |
Average number of days |
326 |
439 |
881 |
678 |
632 |
Complaints pending during fiscal year where hearing was requested |
|||||
Average number
of days |
216 |
199 |
445 |
21 |
283 |
Average number of days |
45 |
115 |
417 |
178 |
189 |
Complaints pending during fiscal year where hearing was not requested |
|||||
Average number of days
|
219 |
214 |
248 |
256 |
332 |
Average number of days |
621 |
618 |
417 |
826 |
831 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
---|---|---|---|---|---|
Complaints Dismissed by Agency |
|||||
Total Complaints Dismissed by Agency |
81 |
73 |
54 |
39 |
58 |
Average Days Pending Prior to Dismissal |
683 |
690 |
288 |
248 |
257 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
---|---|---|---|---|---|
Total Complaints Withdrawn by Complainants |
61 |
29 |
31 |
24 |
33 |
Total Final Agency Actions Finding Discrimination |
2006 |
2007 |
2008 |
2009 |
2010 |
|||||
---|---|---|---|---|---|---|---|---|---|---|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
Total Number Findings |
17 |
8 |
10 |
15 |
27* |
|||||
Without Hearing |
6 |
35 |
3 |
38 |
4 |
40 |
13 |
87 |
22 |
81 |
With Hearing |
11 |
65 |
5 |
63 |
6 |
60 |
2 |
13 |
5 |
19 |
*Number does not reflect two hearing decisions accounted for in the Farmbill.
Findings of Discrimination Rendered by Basis |
2006 |
2007 |
2008 |
2009 |
2010 |
|||||
---|---|---|---|---|---|---|---|---|---|---|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
Total Number Findings |
15 |
7 |
8 |
15 |
27* |
|||||
Race |
2 |
13 |
1 |
14 |
0 |
0 |
4 |
27 |
7 |
26 |
Color |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
2 |
7 |
Religion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprisal |
11 |
73 |
3 |
43 |
6 |
75 |
4 |
27 |
12 |
44 |
Sex |
4 |
27 |
3 |
43 |
2 |
25 |
6 |
40 |
5 |
19 |
National Origin |
0 |
0 |
2 |
29 |
0 |
0 |
1 |
7 |
1 |
4 |
Equal Pay Act |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Age |
1 |
7 |
0 |
0 |
3 |
38 |
7 |
47 |
9 |
33 |
Disability |
0 |
0 |
2 |
29 |
0 |
0 |
2 |
13 |
5 |
19 |
Non-EEO |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
4 |
Findings After Hearing |
9 |
4 |
4 |
2 |
5 |
|||||
Race |
2 |
22 |
1 |
25 |
0 |
0 |
1 |
50 |
2 |
40 |
Color |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Religion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprisal |
6 |
67 |
1 |
25 |
2 |
50 |
1 |
50 |
3 |
60 |
Sex |
3 |
33 |
2 |
50 |
1 |
25 |
1 |
50 |
2 |
40 |
National Origin |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
0 |
0 |
Equal Pay Act |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Age |
1 |
11 |
0 |
0 |
3 |
75 |
0 |
0 |
3 |
60 |
Disability |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
20 |
Non-EEO |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Findings Without Hearing |
4 |
2 |
4 |
8 |
16 |
|||||
Race |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
38 |
1 |
6 |
Color |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Religion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprisal |
3 |
75 |
1 |
50 |
4 |
100 |
0 |
0 |
7 |
44 |
Sex |
1 |
25 |
1 |
50 |
1 |
25 |
2 |
25 |
2 |
13 |
National Origin |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
13 |
1 |
6 |
Equal Pay Act |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Age |
0 |
0 |
0 |
0 |
0 |
0 |
6 |
75 |
5 |
31 |
Disability |
0 |
0 |
2 |
100 |
0 |
0 |
2 |
25 |
3 |
19 |
Non-EEO |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
6 |
Findings of Discrimination Rendered by Issue |
2006 |
2007 |
2008 |
2009 |
2010 |
|||||
---|---|---|---|---|---|---|---|---|---|---|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
Total Number Findings |
15 |
7 |
8 |
15 |
27 |
|||||
Appointment/Hire |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Assignment of Duties |
0 |
0 |
1 |
14 |
2 |
25 |
0 |
0 |
2 |
7 |
Awards |
0 |
0 |
0 |
0 |
2 |
25 |
0 |
0 |
0 |
0 |
Conversion to Full-time |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Disciplinary Action |
||||||||||
Demotion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprimand |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Suspension |
0 |
0 |
2 |
29 |
0 |
0 |
1 |
7 |
1 |
4 |
Removal |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
4 |
Other |
1 |
7 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Duty Hours |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Evaluation Appraisal |
0 |
0 |
0 |
0 |
3 |
38 |
1 |
7 |
0 |
0 |
Examination/Test |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Harassment |
||||||||||
Non-Sexual |
5 |
33 |
2 |
29 |
4 |
50 |
1 |
7 |
12 |
44 |
Sexual |
1 |
7 |
0 |
0 |
1 |
13 |
0 |
0 |
0 |
0 |
Medical Examination |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Pay (Including Overtime) |
1 |
7 |
0 |
0 |
1 |
13 |
1 |
7 |
0 |
0 |
Promotion/Non-Selection |
5 |
33 |
3 |
43 |
0 |
0 |
10 |
67 |
4 |
15 |
Reassignment |
||||||||||
Denied |
1 |
7 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Directed |
1 |
7 |
0 |
0 |
2 |
25 |
1 |
7 |
1 |
4 |
Reasonable Accommodation |
0 |
0 |
1 |
14 |
0 |
0 |
0 |
0 |
3 |
11 |
Reinstatement |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Retirement |
1 |
7 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
4 |
Termination |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
7 |
1 |
4 |
Terms/Conditions of Employment |
1 |
7 |
1 |
14 |
0 |
0 |
1 |
7 |
0 |
0 |
Time and Attendance |
1 |
7 |
1 |
14 |
0 |
0 |
0 |
0 |
1 |
4 |
Training |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Other - User Defined |
2 |
13 |
0 |
0 |
1 |
13 |
0 |
0 |
3 |
11 |
Findings After Hearing |
9 |
4 |
4 |
2 |
5 |
|||||
Appointment/Hire |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Assignment of Duties |
0 |
0 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Awards |
0 |
0 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Conversion to Full-time |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Disciplinary Action |
||||||||||
Demotion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprimand |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Suspension |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
0 |
0 |
Removal |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Other |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Duty Hours |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Evaluation Appraisal |
0 |
0 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Examination/Test |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Non-Sexual |
2 |
22 |
2 |
50 |
3 |
75 |
0 |
0 |
2 |
40 |
Sexual |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Medical Examination |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Pay (Including Overtime) |
1 |
11 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Promotion/Non-Selection |
5 |
56 |
2 |
50 |
0 |
0 |
1 |
50 |
2 |
40 |
Reassignment |
||||||||||
Denied |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Directed |
0 |
0 |
0 |
0 |
1 |
25 |
1 |
50 |
0 |
0 |
Reasonable Accommodation |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reinstatement |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Retirement |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
20 |
Termination |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Terms/Conditions of Employment |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Time and Attendance |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Training |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Other - User Defined |
0 |
0 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Findings Without Hearing |
6 |
3 |
4 |
13 |
22 |
|||||
Appointment/Hire |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Assignment of Duties |
0 |
0 |
1 |
33 |
1 |
25 |
0 |
0 |
2 |
9 |
Awards |
0 |
0 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Conversion to Full-time |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Disciplinary Action |
||||||||||
Demotion |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Reprimand |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Suspension |
0 |
0 |
1 |
33 |
0 |
0 |
1 |
8 |
1 |
5 |
Removal |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
5 |
Other |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Duty Hours |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Evaluation Appraisal |
0 |
0 |
0 |
0 |
2 |
50 |
1 |
8 |
0 |
0 |
Examination/Test |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Non-Sexual |
3 |
50 |
0 |
0 |
1 |
25 |
1 |
8 |
10 |
45 |
Sexual |
1 |
17 |
0 |
0 |
1 |
25 |
0 |
0 |
0 |
0 |
Medical Examination |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Pay (Including Overtime) |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
8 |
0 |
0 |
Promotion/Non-Selection |
0 |
0 |
1 |
33 |
0 |
0 |
9 |
69 |
2 |
9 |
Reassignment |
||||||||||
Denied |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Directed |
1 |
17 |
0 |
0 |
1 |
25 |
0 |
0 |
1 |
5 |
Reasonable Accommodation |
0 |
0 |
1 |
33 |
0 |
0 |
0 |
0 |
3 |
14 |
Reinstatement |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Retirement |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Termination |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
8 |
1 |
5 |
Terms/Conditions of Employment |
1 |
17 |
1 |
33 |
0 |
0 |
1 |
8 |
0 |
0 |
Time and Attendance |
0 |
0 |
1 |
33 |
0 |
0 |
0 |
0 |
1 |
5 |
Training |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Other - User Defined |
2 |
33 |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
14 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
---|---|---|---|---|---|
Pending Complaints Filed in Previous Fiscal Years by Status |
|||||
Total Complaints from previous Fiscal Years |
1443 |
1384 |
1333 |
1210 |
939 |
Total Complainants |
1081 |
1078 |
1063 |
932 |
696 |
Number complaints pending |
|||||
Investigation |
67 |
75 |
102 |
89 |
82 |
ROI issued, pending |
2 |
8 |
6 |
1 |
8 |
Hearing |
287 |
303 |
350 |
300 |
238 |
Final Agency Action |
534 |
469 |
360 |
109 |
81 |
Appeal with EEOC Office
of |
13 |
20 |
23 |
24 |
25 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
---|---|---|---|---|---|
Pending Complaints Where Investigations Exceed Required Time Frames |
92 |
113 |
163 |
171 |
176 |