NTSB - No Fear Act

No Fear Act

On May 15, 2002, President Bush signed the Notification and Federal Employee Anti-discrimination and Retaliation of 2002 (No FEAR) Act into law. The No Fear Act, with an effective date of October 1, 2003, requires that Federal agencies be more accountable for violations of anti-discrimination and whistleblower protection laws.

In addition, the No FEAR Act requires Federal agencies to:

Notify employees and applicants for employment about their rights under the discrimination and whistleblower laws;
Post statistical data relating to Federal sector equal employment opportunity complaints on its public website;
Ensure that their managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;
Conduct studies on the trends and causes of complaints of discrimination;
Implement new measures to improve the complaint process and the work environment;
Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal;
Reimburse the Judgment Fund for any discrimination and whistleblower related settlements or judgments reach in Federal court; and,
Produce annual reports of status and progress to Congress, the Attorney General and the U.S. Equal Employment Commission.

For more information on the No FEAR Act, see the following URL:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid;=f:publ174.107

Equal Employment Opportunity Data Posted Pursuant to the No Fear Act

Complaint Activity
Complaints By Basis
Complaints By Issue
Average Processing Time of Pending Complaints
Complaints Dismissed By Agency
Total Final Agency Actions Finding Discrimination
Findings Of Discrimination Rendered By Basis
Findings Of Discrimination Rendered By Issue
Complaints Pending From Previous Fiscal Years By Status
Investigations Pending Over 180 Days

Complaint Activity	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Number of Complaints Filed in FY	3	6	6	6	3	2
Number of Complainants	3	6	6	6	3	2
Repeat Filers	2	0	0	0	0	0

Complaints By Basis	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Race	0	6	6	2	3	2
Color	0	0	0	*	*	*
Religion	0	0	0	0	0	0
National Origin	0	2	1	1	0	0
Sex (including complaints filed under Equal Pay Act)	1	4	5	4	0	2
Disability	0	2	1	1	0	0
Age	1	4	3	1	3	2
Reprisal	1	2	3	4	1	2
Other	0	0	0	0	0	0
* Data not collected by Color - Color included in basis "Race/Color"

Complaints By Issue	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Appointment/Hire	0	2	4	2	0	0
Assignment of Duties	1	2	3	2	2	1
Awards	0	3	0	3	0	0
Conversion to Full-Time	0	0	0	0	0	0
Disciplinary Action
Demotion	0	0	0	0	0	0
Reprimand	1	0	0	0	0	0
Suspension	0	0	0	0	0	1
Removal (from supervisory)	1	0	1	1	0	0
Other	0	0	0	0	1	0
Duty Hours	0	0	0	0	0	0
Evaluation/Appraisal	1	2	2	4	2	0
Examination/Test	0	0	0	0	1	0
Harassment
Non-Sexual	0	0	2	0	1	1
Sexual	0	0	0	0	0	0
Medical Examination	0	0	0	0	0	0
Pay (Including Overtime)	0	0	0	0	0	0
Promotion/Non-Selection	2	0	2	4	1	1
Reassignment
Denied	0	0	0	0	0	0
Directed	1	0	2	1	0	0
Reasonable Accommodation	1	2	0	2	0	0
Reinstatement	0	0	0	0	0	0
Retirement	0	0	0	0	0	0
Termination	0	0	1	1	0	0
Terms/Conditions of Employment	1	0	2	5	2	1
Time and Attendance	0	0	1	1	0	0
Training	1	2	0	2	0	1
Other	0	0	0	0	0	0

Average Processing Time of Pending Complaints	FY 2004 end of 3rd Qtr
Average Processing Time of Pending Complaints	Number	Avg. Days
All complaints in Investigative Stage	1	180
All complaints in Final Agency Action Stage	1	180
All complaints pending in which hearing was not requested	1	60
Time in Investigative Stage	2	180
Time to issue Final Agency Action	1	80
All complaints pending in which a hearing was requested	5	508.4
Time in Investigative Stage	5	165.3
Time to issue Final Agency Action	3	120

Complaints Dismissed by Agency	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Total complaints dismissed by Agency	2	2	1	1	1	0
Average days pending prior to dismissal	45	40	60	180	30	0

Total Final Agency Actions Finding Discrimination	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Total Findings of Discrimination	0	0	0	0	0	0
Without Hearing	0	0	0	0	0	0
With Hearing	0	0	0	0	0	0

Findings of Discrimination Rendered by Basis	FY 2004 end of 3rd Qtr		FY 2003		FY 2002		FY 2001		FY 2000		FY 1999
Findings of Discrimination Rendered by Basis	#	%	#	%	#	%	#	%	#	%	#	%
Total Number of Findings	0		0		0		0		0		0
Total Findings Without Hearing	0		0		0		0		0		0
Race	0		0		0		0		0		0
Color	0		0		0		0		0		0
Religion	0		0		0		0		0		0
National Origin	0		0		0		0		0		0
Sex (including Equal Pay Act)	0		0		0		0		0		0
Disability	0		0		0		0		0		0
Age	0		0		0		0		0		0
Reprisal	0		0		0		0		0		0

Findings of Discrimination Rendered by Issue	FY 2004 end of 3rd Qtr		FY 2003		FY 2002		FY 2001		FY 2000		FY 1999
Findings of Discrimination Rendered by Issue	#	%	#	%	#	%	#	%	#	%	#	%
Appointment/Hire	0		0		0		0		0		0
Assignment of Duties	0		0		0		0		0		0
Awards	0		0		0		0		0		0
Conversion to Full-Time	0		0		0		0		0		0
Disciplinary Action	0		0		0		0		0		0
Demotion	0		0		0		0		0		0
Reprimand	0		0		0		0		0		0
Suspension	0		0		0		0		0		0
Removal	0		0		0		0		0		0
Other	0		0		0		0		0		0
Duty Hours	0		0		0		0		0		0
Evaluation/Appraisal	0		0		0		0		0		0
Examination/Test	0		0		0		0		0		0
Harassment	0		0		0		0		0		0
Non-Sexual	0		0		0		0		0		0
Sexual	0		0		0		0		0		0
Medical Examination	0		0		0		0		0		0
Pay (Including Overtime)	0		0		0		0		0		0
Promotion/Non-Selection	0		0		0		0		0		0
Reassignment	0		0		0		0		0		0
Denied	0		0		0		0		0		0
Directed	0		0		0		0		0		0
Reasonable Accommodation	0		0		0		0		0		0
Reinstatement	0		0		0		0		0		0
Retirement	0		0		0		0		0		0
Termination	0		0		0		0		0		0
Terms/Conditions of Employment	0		0		0		0		0		0
Time and Attendance	0		0		0		0		0		0
Training	0		0		0		0		0		0
Other	0		0		0		0		0		0

Complaints Pending From Previous Fiscal Years By Status	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
Total complaints from previous Fiscal Years	7	8	5	3	4	0
Total Complainants	7	8	5	3	4	0
Number of complaints pending (as of 9/30)
Investigation	1	0			1	0
Hearing	5	4	5	3	1	0
Final Agency Action	0	0	1	2	2	0
Appeal with EEOC	1	0	0	1	0	0

Investigations Pending Over 180 Days	FY 2004 end of 3rd Qtr	FY 2003	FY 2002	FY 2001	FY 2000	FY 1999
No. of investigations pending over 180 days	2	1	1	1	0	0

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