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No Fear Act

FY 2005 Annual Report

2005 Summary

1. The number of cases arising under each of the respective provisions of law covered by paragraphs (1) and (2) of section 201(a) in which discrimination on the part of the agency was alleged.

04 [1]

2. The status or disposition of cases described in paragraph (1).

Pending 04

3. The amount of money required to be reimbursed by such agency under section 201 in connection with each of such cases, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorneys' fees, if any.


4. The number of employees disciplined for discrimination, retaliation, harassment, or any other infraction of any provision of law referred to in paragraph (1).


5. The final year-end data posted under section 301(c)(1) (B) for such fiscal year (without regard to section 301(c)(2).

See Attached Fiscal Year 2005 No FEAR Act Internal Complaint Activity Data.

6. A detailed description of:

  1. the policy implemented by that agency relating to appropriate disciplinary actions against a Federal employee who -
    1. discriminated against any individual in violation of any of the laws cited under section 201(a)(1) or (2), or
    2. committed another prohibited personnel practice that was revealed in the investigation of a complaint alleging a violation of any of the laws cited under section 201(a)(1) or (2), and
  2. with respect to each of such laws, the number of employees who are disciplined in accordance with such policy and the specific nature of the disciplinary action taken.


7. An analysis of the information described under paragraphs (1) through (6) (in conjunction with data provided to the Equal Employment Opportunity Commission in compliance with part 1614 of title 29 of the Code of Federal Regulations) including:

  1. an examination of trends;
  2. causal analysis;
  3. practical knowledge gained through experience; and
  4. any actions planned or taken to improve complaint or civil rights programs of the agency.

See Attached Section 203 (a)(7) Analysis.

8. Any adjustment (to the extent the adjustment can be ascertained in the budget of the agency) to comply with the requirements under section 201.

Not Applicable.

[1] For the FY 2005 Annual No FEAR Act report, Section 203(a)(1)-(4), OPM is reporting only civil actions filed in U.S. District Court, an approach different than that taken by OPM in the FY 2004 report. This change in reporting is a result of current developments relating to OPM's development of regulations for the No FEAR Act.