FDA Logo--links to FDA home page
U.S. Food and Drug Administration
HHS Log--links to Department of Health and Human Services website

FDA Home Page | Search FDA Site | FDA A-Z Index | Contact FDA


horizontal rule

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
Posted Pursuant to the No Fear Act:

FDA For 1st Quarter 2009
for period ending December 31, 2008



Part I – Pre-Complaint Counseling

EEO Counselor
  Counselings Individuals
A. Total Counseled 27 27
1. Counseled Within 30 Days 19 19
2. Counseled Within 31 to 90 Days 7 7
a. Counseled Within Written Extension Period 2 2
b. Counseled Within 90 Days Where Individual Participated in ADR 5 5
c. Counseled Within 31-90 Days That Were Untimely 0 0
3. Counseled Beyond 90 Days 1 1
4. Counseled Due to Remands 0 0


ADR Intake Officer
  Counselings Individuals
B. Total Counseled 0 0
1. Counseled Within 30 Days 0 0
2. Counseled Within 31 to 90 Days 0 0
a. Counseled Within Written Extension Period
No Longer Than 60 Days
0 0
b. Counseled Within 90 Days Where Individual Participated in ADR 0 0
c. Counseled Within 31-90 Days That Were Untimely 0 0
3. Counseled Beyond 90 Days 0 0
4. Counseled Due to Remands 0 0


Combined Totals
  Counselings Individuals
A. Total Counseled 27 27
1. Counseled Within 30 Days 19 19
2. Counseled Within 31 to 90 Days 7 7
a. Counseled Within Written Extension Period 2 2
b. Counseled Within 90 Days Where Individual Participated in ADR 5 5
c. Counseled Within 31-90 Days That Were Untimely 0 0
3. Counseled Beyond 90 Days 1 1
4. Counseled Due to Remands 0 0


Counseling Activities
  Counselings Individuals
D. Counseling Activities    
1. Counseling On Hand at the Beginning of the Reporting Period 13 13
2. Initiated during the Reporting Period 23 23
3. Completed Counseling 27 27
a. Settlements (Monetary and Non-Monetary) 2 2
b. Withdrawal/No Complaint Filed 12 12
c. Counseling Completed in Reporting Period
that Resulted in Complaint Filing in Reporting Period
9 9
d. Decision to File Complaint Pending at the End of the Reporting Period 4 4
4. Counselings Pending at the End of the Reporting Period 9 9


Non-ADR Settlements with Monetary Benefits
  Counselings Individuals Amount
E. Non-ADR Settlements with Monetary Benefits 0 0 $0.00
1. Compensatory Damages 0 0 $0.00
2. Backpay / Frontpay 0 0 $0.00
3. Lump Sum 0 0 $0.00
4. Attorney's Fees and Costs 0 0 $0.00
5. Other 0 0 $0.00


Non-ADR Settlements with Non-Monetary Benefits
  Counselings Individuals  
F. Total Non-ADR Settlements With Non-Monetary Benefits 0 0
1. Hires 0 0
a. Retroactive 0 0
b. Non-Retroactive 0 0
2. Promotions 0 0
a. Retroactive 0 0
b. Non-Retroactive 0 0
3. Expungements 0 0
4. Reassignments 0 0
5. Removals Rescinded 0 0
a. Reinstatements 0 0
b. Voluntary Resignations 0 0
6. Accommodations 0 0
7. Training 0 0
8. Apology 0 0
9. Disciplinary Actions 0 0
a. Rescinded 0 0
b. Modified 0 0
10. Performance Evaluation Modified 0 0
11. Leave Restored 0 0
12. Other 0 0


ADR Settlements with Monetary Benefits
  Counselings Individuals Amount

G. ADR Settlements with Monetary Benefits

2

2

$1,680.00

1. Compensatory Damages

0

0

$0.00

2. Backpay / Frontpay

0

0

$0.00

3. Lump Sum

1

1

$1,680.00

4. Attorney's Fees and Costs

0

0

$0.00

5. Other (Other)

1

1

$0.00



ADR Settlements with Non-Monetary Benefits
  Counselings Individuals

H. Total ADR Settlements With Non-Monetary Benefits

0

0

1. Hires

0

0

a. Retroactive

0

0

b. Non-Retroactive

0

0

2. Promotions

0

0

a. Retroactive

0

0

b. Non-Retroactive

0

0

3. Expungements

0

0

4. Reassignments

0

0

5. Removals Rescinded

0

0

a. Reinstatements

0

0

b. Voluntary Resignations

0

0

6. Accommodations

0

0

7. Training

0

0

8. Apology

0

0

9. Disciplinary Actions

0

0

a. Rescinded

0

0

b. Modified

0

0

10. Performance Evaluation Modified

0

0

11. Leave Restored

0

0

12. Other

0

0



Non-ADR Settlements
  Counselings Individuals
I. Non-ADR Settlements 0 0


Part II – Formal Complaint Activities

Part II – Formal Complaint Activities
A. Complaints on Hand at the Beginning of the Reporting Period

34
B. Complaints Filed During the Reporting Period 15
C. Remands (sum of lines C1 + C2 + C3) 0
C.1. Remands (Not Included in A or B) 0
C.2. Remands (Included in A or B) 0
C.3. Number of additional remands in this reporting period that are not captured in C.1. or C.2. above 0
C.4. Additional closures in this reporting period not reflected in F. or H. that resulted from remands 0
D. Total Complaints 49
E. Complaints in Line D that were NOT Consolidated 37
F. Complaints in Line E that were Closed During the Reporting Period 6
G. Complaints in Line D that WERE Consolidated 12
H. Complaints in Line G that were Closed During the Reporting Period 3
I. Complaints On Hand at the end of the Reporting Period (Line D - (F + H) + [(C2 + C3) - C4]) 40
J. Individuals Filing Complaints During the Reporting Period 15
K. Number of Joint Processing Units from Consolidation of Complaints 2



Part III – Agency Resources, Training, Reporting

A. Agency Resources
  Agency Number Agency Percent Contract Number Contract Percent
1. Work Force 0 0 0 0
a. Total Work Force 0 0 0 0
b. Permanent Employees 0 0 0 0
2. Counselor 0 0 0 0
a. Full-Time 0 0 0 0
b. Part-Time 0 0 0 0
c. Collateral Duty 0 0 0 0
3. Investigator 0 0 0 0
a. Full-Time 0 0 0 0
b. Part-Time 0 0 0 0
c. Collateral Duty 0 0 0 0
4. Counselor/Investigator 0 0 0 0
a. Full-Time 0 0 0 0
b. Part-Time 0 0 0 0
c. Collateral Duty 0 0 0 0


B. Staff Training
  Counselor Agency Counselor Contract Investigator Agency Investigator Contract Counselor/ Investigator Agency Counselor/ Investigator Contract
1. New Staff – Total 0 0 0 0 0 0
a. Staff Receiving Required 32 or more hours 0 0 0 0 0 0
b. Staff Receiving 8 or more hours, usually given to experienced staff 0 0 0 0 0 0
c. Staff Receiving no training at all 0 0 0 0 0 0
2. Experienced Staff – Total 0 0 0 0 0 0
a. Staff Receiving Required 32 or more hours 0 0 0 0 0 0
b. Staff Receiving 8 or more hours, usually given to experienced staff 0 0 0 0 0 0
c. Staff Receiving no training at all 0 0 0 0 0 0


Pt III - C. Reporting Line
1. EEO Director's Name:

 
1a. Does the EEO Director Report to the Agency Head? (Yes/No) No
2. If no, who does the EEO Director Report to? Person:
Title:
3. Who is responsible for the day-to-day operation of the EEO program in your Department/Agency/organization? Person:
Title:
4. Who does that person report to? Person:
Title:





Part IV – Bases and Issues Alleged in Complaints Filed

Issues of Alleged Discrimination Amer. Indian / Alaskan Native Asian Native Hawaiian / Other Pacific Islander Black / African American White Two or More Races Color Religion Reprisal Male Female Hispanic Other Equal Pay Act Male Equal Pay Act Female Age Disability Mental Disability Physical Total bases by issue Total complaints by issue
Appointment/Hire

0

0

0

0

0

0

0

0

1

0

0

0

0

 

 

0

1

0

2

1

Assignment of Duties

0

0

0

1

1

0

1

2

2

0

1

1

1

 

 

3

0

2

15

4

Awards

0

0

0

0

0

0

0

0

1

0

0

0

0

 

 

1

0

0

2

1

Conversion to Full Time

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Demotion

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Reprimand

0

0

0

0

1

0

0

1

1

0

0

0

0

 

 

1

0

0

4

1

Suspension

0

0

0

0

0

0

0

0

0

0

1

1

0

 

 

1

0

1

4

1

Removal

0

0

0

0

0

0

0

0

1

0

0

0

0

 

 

0

1

0

2

1

Duty Hours

0

0

0

0

0

0

0

0

1

0

0

0

1

 

 

1

0

0

3

1

Evaluation/Appraisal

0

0

0

1

0

0

1

1

1

0

1

1

1

 

 

2

0

2

11

3

Examination/Test

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Non-Sexual

0

1

0

1

1

0

1

2

2

0

1

1

1

 

 

4

0

2

17

5

Sexual

 

 

 

 

 

 

 

 

0

0

0

 

 

 

 

 

 

 

0

0

Medical Examination

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Pay Including Overtime

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Promotion/Non Selection

0

1

0

3

0

0

2

0

1

1

1

1

2

 

 

4

0

0

16

6

Denied

0

0

0

1

0

0

1

0

0

0

0

0

0

 

 

0

0

0

2

1

Directed

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Reasonable Accommodation

 

 

 

1

 

 

1

1

0

 

 

 

1

 

 

 

1

2

4

2

Reinstatement

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Retirement

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Termination

0

0

0

1

0

0

1

1

0

0

0

0

1

 

 

0

0

1

5

1

Terms/Conditions of Employment

0

0

0

0

0

0

0

0

1

0

0

0

1

 

 

1

0

0

3

1

Time and Attendance

0

0

0

0

0

0

0

0

1

0

0

0

0

 

 

1

0

0

2

1

Training

0

0

0

0

1

0

0

1

2

0

1

1

1

 

 

2

0

1

10

3

Other

0

0

0

0

0

0

0

0

1

0

0

0

1

 

 

1

0

0

3

1

User Defined - Other 1

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

User Defined - Other 2

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

User Defined - Other 3

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

User Defined - Other 4

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

User Defined - Other 5

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

0

0

0

0

0

Total Issues by Basis

0

2

0

8

4

0

7

9

16

1

6

6

10

0

0

22

3

11

 

 

Total Complaints Filed by Basis

0

2

0

5

1

0

4

2

5

1

2

2

3

0

0

9

2

3

 

 

Total Complainants by Basis

0

2

0

5

1

0

4

2

5

1

2

2

3

0

0

9

2

3

 

 




Part V – Summary of Closures by Statute

Part V – Summary of Closures by Statute
(If a single complaint has multiple statutes record each on the appropriate line.)
A. - Statute Number of Closures
1. Title VII 7
2. Age Discrimination in Employment Act (ADEA) 4
3. Rehabilitation Act 4
4. Equal Pay Act (EPA) 0
Total
(Note: this number may be larger than the total number of complaints closed)
15



Part VI – Summary of Closures

Part VI – Summary of Closures
  Total Number Total Days Average Days
A. Total Number of Closures (1 + 2 + 3)

9

3600

400.00

1. Withdrawals (a + b)

3

1303

434.33

a. Non-ADR Withdrawals

3

1303

434.33

b. ADR Withdrawals

0

0

0.00

2. Settlements (a + b)

1

236

236.00

a. Non-ADR Settlements

1

236

236.00

b. ADR Settlements

0

0

0.00

3. Final Agency Decisions (B + C)

5

2061

412.20

B. Final Agency Decisions
WITHOUT an ADMINISTRATIVE JUDGE Decision (1 + 2 + 3)

5

2061

 

1. Finding Discrimination

0

0

0.00

2. Finding No Discrimination

2

1968

984.00

3. Dismissal of Complaints

3

93

31.00

C. Final Agency Actions
WITH an ADMINISTRATIVE JUDGE Decision (1 + 2)

0

0

 

1. AJ Decision Fully Implemented (A + B + C)

0

0

 

(A) Finding Discrimination

0

0

0.00

(B) Finding No Discrimination

0

0

0.00

(C) Dismissal of Complaints

0

0

0.00

2. AJ Decision NOT Fully Implemented (A + B + C)

0

0

0.00

(A) Finding Discrimination (i + ii + iii)

0

0

0.00

i. Agency Appealed Finding But Not Remedy

0

0

0.00

ii. Agency Appealed Remedy But Not Finding

0

0

0.00

iii. Agency Appealed Finding And Remedy

0

0

0.00

(B) Finding No Discrimination

0

0

0.00

(C) Dismissal of Complaints

0

0

0.00

D. Final Agency Merit Decisions (FAD) Issued (1 + 2 + 3)

1

804

804.00

1. Complainant Requested Immediate FAD (1a + 1b)

0

0

0.00

a. Agency Timely Issued FAD (within 60 days of receipt of FAD request)

0

0

0.00

b. Agency Untimely Issued FAD (more than 60 days after receipt of FAD request)

0

0

0.00

2. Complainant Did Not Elect Hearing or FAD (2a + 2b)

1

804

804.00

a. Agency Timely Issued FAD (within 60 days of end of 30-day election period)

0

0

0.00

b. Agency Untimely Issued FAD (more than 60 days after end of 30-day election period)

1

804

804.00

3. Hearing requested, Administrative Judge (AJ) Remanded for FAD Without AJ Decision (3a + 3b)

0

0

0.00

a. Agency Timely Issued FAD (within 60 days of receipt of AJ order for FAD issuance)

0

0

0.00

b. Agency Untimely Issued FAD (more than 60 days after receipt of AJ order for FAD issuance)

0

0

0.00

4. Final Agency Decision Issued On A Mixed Case (4a + 4b)

0

0

0.00

a. Agency Issued FAD Within 45 Days After Investigation

0

0

0.00

b. Agency Issued FAD More Than 45 Days After Investigation

0

0

0.00




Part VII – Summary of Complaints Closed with Corrective Action

Part VII – Summary of Complaints Closed with Corrective Action (A – E)
  Number Amount
A. Total number of complaints closed with corrective action 1  
B. Closures with monetary benefits 1 $6,080.00
1. Back Pay/Front Pay 1 $6,080.00
2. Lump Sum Payment 0 $0.00
3. Compensatory Damages 0 $0.00
C. Attorney's fees and costs awarded 0 $0.00
D. Subtotal of all Monetary Benefits (B + C) 1 $6,080.00
E. Closures with non-monetary benefits 0  


Part VII – F. Types of corrective action
F. Types of corrective action Number with monetary awards Number without monetary awards
1. Hire 0 0
a. Retroactive 0 0
b. Non-Retroactive 0 0
2. Promotion 0 0
a. Retroactive 0 0
b. Non-Retroactive 0 0
3. Expungements 1 0
4. Reassignment 0 0
5. Removal Rescinded 0 0
a. Reinstatement 0 0
b. Voluntary Resignations 0 0
6. Accommodation 0 0
7. Training 0 0
8. Apology 0 0
9. Disciplinary Action 0 0
a. Rescinded 0 0
b. Modified 0 0
10. Performance evaluation modified 0 0
11. Leave Restored 0 0
12. Lump Sum 0 0
13. Other (Other) 1 0
Backpay/Frontpay    



Part VIII – Summary of Pending Complaints By Category

Part VIII – Summary of Pending Complaints By Category
  Number Pending Number of Days Average Days Number of Days Pending for Oldest Case
A. Total Complaints Pending (Same as part II line I) (1+2+3+4) 39 9848    
1. Complaints Pending Written Notification (Acknowledgement Letter) 4 120 30.00 96
2. Complaints Pending Investigation 14 1203 85.00 153
3. Complaints In Hearing 15 5942 396.00 609
4. Complaints Pending A Final Agency Action 6 2583 430.00 1437



Part IX – Summary Investigations Completed

Part IX – Summary Investigations Completed
  Cases Total Days Average Days

A. Investigations Completed During Reporting Period

5

 

 

1. Investigations Completed by Agency Personnel

0

0

0

a. Investigations Completed in 180 Days or Less

0

0

0.00

b. Investigations Completed in 181 to 360 Days

0

0

0.00

1. Timely Completed Investigations

0

0

0.00

2. Untimely Completed Investigations

0

0

0.00

c. Investigations Completed in 361 or More Days

0

0

0.00

2. Cost of Agency Investigations

$0.00

 

 

3. Investigations Completed by Contractors

5

699

139.80

a. Investigations Completed in 180 Days or Less

5

699

139.00

b. Investigations Completed in 181 to 360 Days

0

0

0.00

1. Timely Completed Investigations

0

0

0.00

2. Untimely Completed Investigations

0

0

0.00

c. Investigations Completed in 361 or More Days

0

0

0.00

4. Cost of Contractor Investigations

$24,084.00

 

 




Part X – Summary of ADR Program Activities
Informal Phase (Pre-Complaint)

Part X – Summary of ADR Program Activities - Informal Phase (Pre-Complaint)
  Counselings Individuals Days Average Days

A. ADR Pending From Previous Reporting Period

       

B. ADR Actions in Completed/Ended Counselings

       

1. ADR Offered

23

23

 

 

2. Rejected By Complainant

14

14

 

 

3. Rejected By Agency

0

0

 

 

4. Total Accepted Into ADR

9

9

 

 

C. ADR Resources Used in Completed/Ended Counselings

4

4

 

 

1. Inhouse

4

4

 

 

2. Another Federal Agency

0

0

 

 

3. Private Organizations, Contractors, Bar Associations, Individual, Volunteers or College/University Personnel

0

0

 

 

4. Multiple Resources Used

0

0

 

 

5. Other

0

0

 

 

D. ADR Attempts in Completed/Ended Counselings

5

5

286

57.20

1. Mediation

5

5

286

57.00

2. Settlement Conferences

0

0

0

0.00

3. Early Neutral Evaluations

0

0

0

0.00

4. Fact Finding

0

0

0

0.00

5. Facilitation

0

0

0

0.00

6. Ombudsman

0

0

0

0.00

7. Peer Review

0

0

0

0.00

8. Mini Trial

0

0

0

0.00

9. Multiple Techniques

0

0

0

0.00

E. Status of Cases

 

 

 

 

1. Total ADR Closed

9

9

476

52.89

a. Settlements with Benefits (Monetary & Non-monetary)

2

2

96

48.00

b. No Formal Complaint Filed

4

4

176

44.00

c. No Resolution (Complaint Filed)

1

1

79

79.00

d. No ADR Attempt (Complaint Filed)

1

1

76

76.00

e. Decision to File Complaint Pending at the End of the Reporting Period

1

1

49

49.00

2. Open Inventory - ADR Pending

 

 

 

 




Part XI – Summary of ADR Program Activites
Formal Phase

Part XI – Summary of ADR Program Activites Formal Phase (A – E)
  Complaints Complainants Days Average Days

A. ADR Pending From Previous Reporting Period

 

 

 

 

B. ADR Actions in Complaint Closures

 

 

 

 

1. ADR Offered

3

2

 

 

2. Rejected By Complainant

3

2

 

 

3. Rejected By Agency

0

0

 

 

4. Total Accepted Into ADR

0

0

 

 

C. ADR Resources Used in Complaint Closures

0

0

 

 

1. Inhouse

0

0

 

 

2. Another Federal Agency

0

0

 

 

3. Private Organizations, Contractors, Bar Associations, Individual, Volunteers or College/University Personnel

0

0

 

 

4. Multiple Resources Used

0

0

 

 

5. Other

0

0

 

 

D. ADR Attempts in Complaint Closures

0

0

0

0.00

1. Mediation

0

0

0

0.00

2. Settlement Conferences

0

0

0

0.00

3. Early Neutral Evaluations

0

0

0

0.00

4. Fact Finding

0

0

0

0.00

5. Facilitation

0

0

0

0.00

6. Ombudsman

0

0

0

0.00

7. Peer Review

0

0

0

0.00

8. Mini Trial

0

0

0

0.00

9. Multiple Techniques

0

0

0

0.00

E. Status of Cases

 

 

 

 

1. Total ADR Closed

0

0

0

0.00

a. Settlements with Benefits (Monetary & Non-monetary)

0

0

0

0.00

b. Withdrawn from EEO Process

0

0

0

0.00

c. No Resolution

0

0

0

0.00

d. No ADR Attempt

0

0

0

0.00

2. Open Inventory – ADR Pending

 

 

 

 

F. Benefits Received

Complaints

Complainants

Amount

 

1. Monetary

0

0

$0.00

 

a. Compensatory Damages

0

0

$0.00

 

b. Backpay/Frontpay

0

0

$0.00

 

c. Lump Sum

0

0

$0.00

 

d. Attorneys Fees and Costs

0

0

$0.00

 

e. (Other) Other

0

0

$0.00

 

2. Non-Monetary

0

0

 

 

a. Hires

0

0

 

 

i. Retroactive

0

0

 

 

ii. Non-Retroactive

0

0

 

 

b. Promotions

0

0

 

 

i. Retroactive

0

0

 

 

ii. Non-Retroactive

0

0

 

 

c. Expungements

0

0

 

 

d. Reassignments

0

0

 

 

e. Removals Rescinded

0

0

 

 

i. Reinstatements

0

0

 

 

ii. Voluntary Resignations

0

0

 

 

f. Accommodations

0

0

 

 

g. Training

0

0

 

 

h. Apology

0

0

 

 

i. Disciplinary Actions

0

0

 

 

i. Rescinded

0

0

 

 

ii. Modified

0

0

 

 

j. Performance Evaluation Modified

0

0

 

 

k. Leave Restored

0

0

 

 

l. (Other) Other

0

0

 

 




Part XII – Summary of EEO ADR Program Activities
Training and Resources

Part XII – Summary of EEO ADR Program Activities Training and Resources (A – C)
  Number Trained

A. Basic EEO ADR Orientation Training

 

 

1. Managers

0

0

2. Employees

0

0

B. Employees that can participate in EEO ADR

0

 

C. Resources that manage ADR program (does not include neutrals as reported in parts X & XI)

0

 

1. In-House Full Time (40 Hours EEO ADR Only)

0

 

2. In-House Part Time (32 Hours EEO ADR Only)

0

 

3. In-house Collateral Duty (Others/Non-Contract)

0

 

4. Contract (Another Federal Agency/Private Organziations)

0

 



Part XII – D. ADR Funding Spent
  Amount

D. ADR Funding Spent

$0.00

 

horizontal rule