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No Fear Act

FY 2004 Annual Report

2004 Summary

Annual Report Required by Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002

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 such agency was alleged.


2. The status or disposition of cases described in paragraph

Investigations Completed 06

Investigations in Progress 03

Final Agency Order (Dismissal) 01

Final Agency Decisions (Dismissal) 45

Filed an Appeal 05

Pending a Hearing 02

Pending Class Action Determination 01

Withdrawals 02

Filed in District Court 01

Total 66

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 No FEAR Act Fiscal Year 2004 Data Posting Internal Complaint Activity

6. A detailed description of:

(A) the policy implemented by that agency relating to appropriate disciplinary actions against a Federal employee who (i) discriminated against any individual in violation of any of the laws cited under section 201(a)(1) or (2), or (ii) 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 (B) 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: (a) an examination of trends; (b) causal analysis; (c) practical knowledge gained through experience; and (d) any actions planned or taken to improve complaint or civil rights programs of the agency; and

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