USDA Forest Service
Fiscal Year (FY) 2021 Annual Report for the Notification and Federal Employee Anti- Discrimination and Retaliation (No FEAR) Act of 2002
Introduction
This No FEAR Act Report provides Fiscal Year (FY) 2021 efforts implemented and/or planned by the U.S. Department of Agriculture’s (USDA) Forest Service (FS or Agency) to fulfill the intent of the Notification and Federal Employee Anti-discrimination and Retaliation (No FEAR) Act of 2002. For ease of reading, we divide this document into sections that follow the No FEAR Act Annual Report guidelines. Each section addresses the Trends, Causal Analysis, Knowledge Gained, and Action Taken or Planned. Per each section, the information is organized with FY 2021 data first, followed by comparative data for FY 2020.
Number of Complaints Filed
Trends—In FY 2021, the USDA Forest Service’s number of complaints per capita rate was lower than the U.S. Department of Agriculture’s complaints per capita rate. The USDA Forest Service FY 2021 complaints per capita rate was 0.20% comparative to the U.S. Department of Agriculture FY 2021 complaints per capita rate of 0.33%. The USDA Forest Service incurred a minor increase in formal complaint activity in FY 2021. We speculate that the slight increase in formal complaints is attributed to the increase of multiply filers. In FY 2020, there were 3 multiple filers compared to 5 in FY 2021. In FY 2021, a total of 71 formal complaints were filed, comparative to FY 2020 when a total of 70 formal complaints were filed.
Causal Analysis.
In FY 2021, 71 formal complaints were filed.
In FY 2020, 70 formal complaints were filed.
Knowledge Gained—In FY 2021, the USDA Forest Service experienced a 1.43% increase in the number of formal complaints filed compared to FY 2020. In FY 2021, there were 71 formal complaints filed comparative to the 70 formal complaints filed in FY 2020. We speculate that the slight increase in formal complaints is attributed to the increase of multiply filers. In FY 2020, there were 3 multiple filers compared to 5 in FY 2021. The data continues to show that the USDA Forest Service’s efforts to address disparate impact and disparate treatment discrimination in the work environment and improve the Equal Employment Opportunity (EEO) pre-complaint process have been successful with only a minor setback in complaint filing.
Action Taken or Planned—The USDA Forest Service continually develops, conducts, monitors, and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees and managers are knowledgeable of Civil Rights regulations, processes, policies, practices, procedures, and requirements. In addition, the USDA Forest Service is actively placing greater emphasis on creating and sustaining a safe, resilient, and respectful working environment through its national Work Environment and Performance Office (WEPO) and progressive Civil Rights initiatives.
The following programs and activities have been or will be implemented or conducted throughout the USDA Forest Service:
Mixing Bowl (MB)—The USDA Forest Service provides multi-regional, once-a- month “Mixing Bowl” (MB) Program that connects colleagues by sharing and celebrating cultural experiences, encouraging respect of people and their culture by opening minds and welcoming colleagues’ perspectives and ideas. Per This Is Who We Are, “Diversity”, one of the Forest Service’s core values, encourages us to build relationships essential to being a good neighbor and advancing our agency mission. Twelve (12) MBs were held with a total of 1100 total attendees.
DEI-Workforce Diversity Workshop—The purpose of the workshop was to identify ways to transition black students into the Agency’s workforce. Managers identify and present tools for overcoming barriers to outreach, recruitment, and retention of people (candidates) of color. Over 200 total attendees took part in the workshop.
Enhancing Careers of Students—The DEI Branch Chief serves as the program manager on the National Hispanic Environmental Council’s (NHEC) cooperative agreement with the Agency. The USDA Forest Service DEI Branch Chief facilitated the Forest Service engagement in NHEC’s New Mexico STEM Institute in August 2021. There were twenty-eight (28) students on the Santa Fe National Forest hosted at the event.
Targeted Outreach Playbook and High-Touch Onboarding Guide—The USDA Forest Service executed a participating agreement with the Greening Youth Foundation to develop a Targeted Outreach Playbook and High-Touch Onboarding Guide and accompanying training.
National Work Environment Survey—The USDA Forest Service WEPO completed a second annual National Work Environment Survey on harassment, inclusion, and other workplace issues.
National Supervisor Interactive Training Sessions—The USDA Forest Service and its partners coordinated several National Supervisor Interactive Training Sessions on The Role of the Supervisor in Creating a Positive Work Environment. The course covers emotional intelligence, self-awareness/management, and setting a tone for the work environment. The training was received by over 1,300 supervisors and included self-assessments, peer-to-peer dialogue/learning, and tangible tips for assessing and improving the work environment. The training is conducted via Microsoft TEAMS with AgLearn registration and is a required training between FY21-22 for all Forest Service supervisors. The training materials are licensed through calendar year 2022.
Behavioral Health and Employee Well-Being
The USDA Forest Service WHOOP Bio-Feedback Band provides support for over 500 Fire and Aviation Management (FAM) employees using the WHOOP device to better manage sleep, fatigue, and recovery, in an effort to support informed decision making at the individual level and inform system changes regarding employee mental fitness and physical readiness across the Agency.
The USDA Forest Service garnered Department approval for the Preparedness Guide for Firefighters and their Families and the Reset Guide; tools which create awareness and encourage dialogue and deliberate engagement around the rigors and rewards of the fire and aviation management profession, including risk management through evaluation of the risk we are choosing to accept or asking our employees to accept.
The USDA Forest Service provided support for FAM leadership to collaborate with WEPO, Office of Safety and Occupational Health, and CFO staff to design and develop a national Behavioral Health and Wellness program on behalf of all Forest Service employees.
Suicide Prevention—Given the USDA Forest Service concerns around wildland firefighters and increased mental health challenges in that community, along with the ongoing global pandemic impacts on all of our employees, we set out to better support employees and provide tools to intervene during a mental health crisis. In FY 2021, beginning in March, we held monthly Suicide Prevention webinars reaching over 900 employees directly, in which clinicians provided an overview of how to recognize warning signs and how to intervene and help people get help. Customized suicide prevention and response resource materials for local use were distributed. The Behavioral Health and Employee Wellbeing Branch also printed and distributed 19,050 crisis intervention pocket cards designed to provide practical tips to help Forest Service employees intervene in moments of crisis, including suicide ideation.
EEO ADR Declination Questionnaire—The USDA Forest Service created an EEO Alternative Dispute Resolution (ADR) Declination Questionnaire to get vital feedback from Complainants that decline to use the ADR process. A representative from the Resolving Official Program collaborated with the Informal Branch to identify and review counseling documentation when a Counselee declines ADR. The ultimate goal is to pinpoint why a Counselee may be refusing ADR as a means to resolve their complaint.
ADR Participation Evaluation—The USDA Forest Service created an EEO ADR Participation Evaluation that will be used to gather data to improve the ADR process. The Forest Service Office of Civil Rights continually strives to create and maintain a model EEO ADR Program that is beneficial to all of our employees.
“This Is Who We Are”—The availability of the “This Is Who We Are” booklet was announced via email dated May 7, 2019; and made available through a web hyperlink. Three hundred copies were distributed to the USDA Forest Service employees during the bi-annual Growth, Respect, & Opportunity Workshop (GROW) in FY 2021. In addition, discussions continue to be held with employees pertaining to our core values through “This is Who we Are” training sessions.
Let’s Talk COVID—The USDA Forest Service endeavors to build a community of care, compassion, respect, dignity and empathy by creating a safe space for employees to express themselves and reduce stress associated with the effects of COVID on the workforce. The Pacific Southwest Region, Civil Rights Service Center (CRSC), hosted a series of six employee engagement sessions entitled “The Impact of COVID-Let’s Talk,” to promote and maintain a healthy work environment by engaging employees for their reactions, thoughts, and opinions about working conditions during a global pandemic. During this opportunity, we encouraged employees to identify issues, share ideas, vocalize concerns and offer recommendations on how the region should navigate during times of uncertainty. A combined total of 525 employees took part in the sessions, which is 11.52% of the Pacific Southwest Region’s current workforce.
Asian American and the Pacific Islander Community—The Pacific Southwest Region, Civil Rights Service Center held an event entitled “A Conversation: Acts of Violence and Racism Against Asian American and the Pacific Islander Community,” on April 20, 2021. Approximately 250 managers, Washington Office Staff, leaders and employees, as well as the Pacific Southwest Research Station (PSWRS) were in attendance via the Microsoft Teams virtual platform. These sessions provided an opportunity for employees to explore their feelings and reactions to the recent surge of violent crimes against Asian Americans in our country. The Civil Rights staff facilitated additional follow-up conversations with employees.
Diversity, Equity & Inclusion (DEI)—The USDA Forest Service, Diversity, Equity & Inclusion is committed to Forest Service core values of Service, Diversity, and Interdependence. The team strives to ensure that Forest Service employees understand, respect, and appreciate the increasingly diverse public we serve as well as the diverse employees we hire. The program of work we have developed and delivered this fiscal year has focused on creating an inclusive environment where employees are empowered to be their authentic selves and share their unique ideas in order to contribute fully to advancing the mission of the agency.
Number of Filers
Trends—In FY 2021, the number of Complainants that filed complaints were 65, resulting in a decrease from the prior fiscal year. In FY 2020, the USDA Forest Service had a total of 67 Complainants that filed complaints.
Causal Analysis.
In FY 2021, 65 number of Complainants
In FY 2020, 67 number of Complainants
Knowledge Gained—In FY 2021, the USDA Forest Service experienced a –2.99% decrease in the number of Complainants filing formal complaints comparative to FY 2020. In FY 2021, there were 65 individuals that filed formal complaints, comparative to 67 individuals that filed formal complaints in FY 2020.
Action Taken or Planned—The USDA Forest Service continually develops, conducts, monitors, and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, practices, procedures, and requirements. In an effort to continue to reduce the number of Complainants filing complaints in the USDA Forest Service and improve our work environments; the Agency has created the following programs to further identify, inform, and assist employees and managers in obtaining an atmosphere that is conducive to everyone:
Sexual Harassment Training for Job Corps—During FY 2021, there was a slight increase in Harassment Reporting Center (HRC) harassment and sexual harassment related complaints within Job Corps, involving both employees and students. However, the formal EEO cases within Job Corps remained the same as FY 2020. The USDA Forest Service created Sexual Harassment training which will be delivered to Job Corps during FY 2022. On-site visits are being scheduled for those centers where the cases have occurred, with the first was scheduled in December 2021 at Harpers Ferry. The remaining sites will receive scheduled on-site visits as needed. EEO training also started during the 4th quarter FY 2021. The Forest Service will also implement a training Program of Work (POW) for its customers. The trainings will be presented to all five (5) Deputy Chief areas (including Job Corps) and the Office of the Chief during FY 2022. During FY 2023, refreshers of the initial trainings will be offered to all customers associated with the National Headquarters. The trainings include:
EEO for Supervisors
EEO for Employees
Title VI Overview
Enhance Work Environment—The USDA Forest Service has promoted communication and encouraged participation in interactive training sessions on Safety, Civil Rights, and WEPO. The Agency has also conducted staff meetings to discuss the impact of COVID-19, civil unrest, the Hash Act, team building, the Federal Employee Viewpoint Survey (FEVS), communication styles, and the Pinch Model to handle conflict and to further enhance positive relationships among employees.
ADR Fact Sheet—The USDA Forest Service created an EEO ADR Mediation Concepts for Parties New to EEO Mediation Handout. The intent of the handout is to provide an “at a glance” fact sheet specific to EEO Mediation, as well as a baseline as we move forward with communications for marketing EEO ADR material.
ADR Mediation Checklist—The USDA Forest Service created an EEO ADR Mediation Checklist that is provided to each mediator prior to an EEO ADR mediation.
Chief Information Office—On September 30, 2021, the USDA Forest Service’s CIO, Assistant Directors were informed of a management decision that all positions in the CIO will begin outreaching through the CIO Outreach Process (Strengthening Outreach, Diversity, and Inclusion & Training Activities and Work Environment Improvement Efforts). President Biden signed two (2) Executive Orders to advance equity, civil rights, radical and social justice, and equal opportunity for all people. Outreach and recruitment are key objectives for increasing diversity and inclusion for the CIO for FY 2021–2025. Targeted outreach and recruitment strategies are critical elements for attracting a diverse applicant pool to ensure Forest Service employees represent local communities in which we serve. As a Federal agency, we have an obligation to eliminate barriers that prevent access to candidates from under-represented groups. The CIO recognizes that this effort begins with effectively planning and executing outreach and recruitment prior to filling vacancies.
And Justice for All Posters—The USDA Forest Service’s Pacific Southwest Region Civil Rights Service Center partnered with the Recreation Special Uses Administrator on the Shasta Trinity National Forest to acquire and distribute 50 And Justice for All Posters for placement in conspicuous locations throughout the area to ensure public notification of the Agency’s anti-discrimination policy in all federally assisted and funded programs.
Employee Assistance Program (EAP)—In FY 2021, the Employee Assistance Program (EAP) transitioned from Safety & Occupation Health to WEPO and immediately set out to consolidate twenty (20) EAP agreements and contracts throughout the agency. WEPO not only entered into an agency-wide contract to ensure consistency and efficiency, but also increased services, including crisis intervention, life coaching, health coaching, and mindfulness-based stress reduction (MBSR). The new vendor offers 24/7 counseling via telephone, chat, and video, and offers a website and app for easy access to tools and resources. Clinicians will answer all calls to EAP, and clinicians with experience supporting first responders, including firefighter and law enforcement, will be available. EAP will also be available to employees and their families up to six months after separation from service.
Incident Kits—The Behavioral Health Branch in the USDA Forest Service collaborated across Deputy Chief areas to develop a set of kits to be resources for leaders on wildland fire incidents to help them support employees on fires. These kits focused on high priority work environment and behavioral health issues, including Stress First Aid, suicide prevention, fatigue, mindfulness based stress reduction (MBSR), and EAP. The kits provide communication tools like posters and leadership guides, including talking points for leaders like Agency Administrators and Incident Commanders, to be able to discuss behavioral health topics on fires. While these kits are primarily designed to be used at fire camps and were deployed this summer, they can and have been used in various other settings.
Addressing the Needs of Women and the Family—In Honor of Women’s History Month, the USDA Forest Service held a panel discussion entitled “The Fireplace: A Panel Discussion about Families in Fire,” on March 29, 2021. Approximately 300 participants gathered together on the Microsoft Teams virtual platform to discuss challenges families in fire face. Subsequently, a committee was formed to address the needs of Women and Families in Fire throughout the Pacific Southwest Region. Follow-up meetings were held on April 23, 2021 & April 26, 2021.
Virtual Comprehensive Wellbeing and Resilience Training—The USDA Forest Service Comprehensive Wellbeing and Resilience course mission is to increase organizational safety and performance by influencing individual wellbeing, resilience, and work-life integration with practical tools related to one’s mind, body, and spirit. During the week of April 5, 2021, approximately forty (40) Forest Service employees participated in the week-long course. The course was hosted by the Work Environment and Performance Office, in partnership with Human Performance.
Equal Opportunity Education Sessions—In FY 2021, the Forest Service Civil Rights staff in the Southwest Region conducted three (3) sessions to educate employees, external customers, and members of the general public on program delivery, accessibility and service animals in public spaces. The sessions are designed to strengthen the foundation of diversity and inclusivity in the Forest Service. The sessions continually enforced the Agency’s commitment to its employees and customers.
Number of Repeat Filers
Trends—In FY 2021, the number of Repeat Filers was five (5), which was a minimal upsurge from FY 2020. In FY 2020, the USDA Forest Service had a total of three (3) Repeat Filers.
Causal Analysis.
In FY 2021, 5 number of Repeat Filers
In FY 2020, 3 number of Repeat Filers
Knowledge Gained—In FY 2021, the USDA Forest Service experienced a 66.67% increase in repeat filings of formal complaints as compared to FY 2020. In FY 2021, there were five (5) repeat filings comparatively to the three (3) repeat filings in FY 2020.
Action Taken or Planned—The USDA Forest Service works hard to develop, conduct, monitor, and evaluate its Civil Rights programs, events, documentation, and trainings to eliminate barriers in the workplace. The USDA Forest Service goal is to ensure all employees and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, practices, procedures, and requirements. In an effort to reduce the number of repeat filers, the USDA Forest Service has created and maintained the following trainings and programs:
Tribal Relations Program—On September 21, 2021, Lexie Rue-Harris, Tribal Relations Specialist and Krista Langley, Sub-Regional Volunteers and Service Program Specialist (TX/LA/MS), for the Southern Region, gave a short presentation on collaboration opportunities with the Southern Region, to the United South and Eastern Tribes (USET), Incorporated Natural Resources and Cultural and Heritage Committees.
The United South and Eastern Tribes, Inc. (USET), established in 1969 is a non-profit, inter-Tribal organization serving thirty-three (33) federally recognized Tribal Nations from the Northeastern Woodlands to the Everglades and across the Gulf of Mexico. USET is dedicated to enhancing the development of Tribal Nations, improving the capabilities of Tribal governments, and improving the quality of life for Indian people through a variety of technical and supportive programmatic services. There were approximately 40 participants in attendance at the meeting.
A Stand-Up Accessibility Program—The USDA Forest Service developed two (2) proposals for American Rescue Plan funding focusing on Diversity, Equity, Inclusion, and Accessibility (one for diversity student programs and the other to stand-up an Accessibility Program)
Regional Recruitment Team—The USDA Forest Service served as the Fall 2021 Agency lead in coordination of the Bridge public-private hiring event on October 12- 13, 2021. To prepare for the event, the event’s team coordinated internal and external information sharing; facilitated hiring manager participation; developed an applicant rating system, reference check form, interview form, and interview scheduling system. They also prepared the candidate information packages.
Washington Office Pilot Cohort Model—The USDA Forest Service provided programmatic support for the regional Resource Assistant Program (RAP) included in the Washington Office Pilot Cohort Model. This program supports the Forest Service’s efforts to fill critical workforce gaps while providing mentorship and training to recent graduates. The Greening Youth Foundation, Mobilize Green, Hispanic Access Foundation, Minorities in Agriculture, Natural Resources, and Related Sciences (MANRRS), and The Corps Network, assists with recruiting and placing RAP interns. The next cohorts will contribute to the Agency’s ability to effectively utilize funding from the Great American Outdoors Act, which targets funding for maintaining critical recreation infrastructure, including priority deferred maintenance projects on trails, campgrounds, visitor centers, historic sites, and other facilities.
Promoting Civil Rights Awareness—In FY 2021, the USDA Forest Service’s Pacific Southwest Region Civil Rights Service Center (CRSC) partnered with HRM, the Pacific Southwest Research Station (PSWRS), and the Region 5 Diversity and Inclusion Branch to develop an outreach and recruitment plan to increase under representation in the Agency. The Civil Rights Service Center (CRSC) will continue its collaborative efforts with internal/external stakeholders to promote Civil Rights Awareness, engage in community outreach and foster diversity, equity and inclusion in the workplace.
Number of Bases Alleged in Complaints
Trends—In FY 2021, a total of 71 formal complaints were filed, comparative to the 70 formal complaints filed in FY 2020. The analysis below provides the number of bases alleged in formal complaints and the percentages of the 71 cases filed in FY 2021 and the 70 cases filed in FY 2020. Additionally, the differential shows comparative decreases, by number and percentage, for each bases alleged in FY 2021 and FY 2020.
Causal Analysis—In FY 2021, a total of 71 formal complaints were filed and the most frequently cited bases alleged in complaints, are as follows.
Reprisal 33 bases 46.48% Race 21 bases 29.58% Disability 20 bases 28.17% Sex 19 bases 26.76% Age 15 bases 21.13%
In FY 2020, there were a total of 70 formal complaints filed. The data below provides the alleged bases in FY 2020, comparative to the most frequently cited bases alleged in FY 2021.
Reprisal 44 bases 62.86% Race 22 bases 31.43% Disability 25 bases 35.71% Sex 32 bases 45.71% Age 20 bases 28.57% In FY 2021, the most frequently cited bases alleged, decreased comparative to FY 2020 are as follows:
Complaints based on Reprisal decreased by–25.00%.
Complaints based on Race decreased by –4.55%.
Complaints based on Disability decreased by –20.00%.
Complaints based on Sex decreased by –40.63%.
Complaints based on Age decreased by –25.00%.
Knowledge Gained—In FY 2021, the USDA Forest Service had only decreases in the number of most frequently cited bases filed in formal complaints as compared to FY 2020. The considerable decreases in the frequently cited bases demonstrations that the USDA Forest Service programs and initiatives have been successful in improving the work environment for all employees, partners, and customers.
Action Taken or Planned: The USDA Forest Service continually develops, conducts, monitors, and evaluates its Civil Rights programs, events, documentation, and trainings to ensure all employees and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, practices, procedures, and requirements. In an effort to reduce the number of complaints filed in the Agency, the USDA Forest Service has created or continued the following trainings and programs in FY 2021 and/or will carry forward into FY 2022:
EO Lunch and Learn Series—The USDA Forest Service EO Lunch-and-Learn Series is a once a month program that provides a convenient space for colleagues and sometimes partners to receive Equal Opportunity/Title VI program delivery. The Forest Service conducted eleven (11) Lunch and Learns in FY 2021, with around 1350 total attendees.
Monthly Meetings with Directors/SES—In a continuing effort to improve the working environment, Equal Employment Specialists regularly meet with senior management officials to discuss current Equal Employment Opportunity (EEO) issues. These meetings have assisted several offices to include Human Resource Management (HRM), Chief Information Office (CIO), and the Chief Financial Officer (CFO) with deescalating issues before they occur, which has helped the Agency keep down complaint filing.
The monthly meetings with Directors/SES have dispensed education on the MD-715 Process and on the various Special Emphasis Programs that assist managers with targeting new employment hires. The information on the MD-715 has been a great resource for identifying which SEPM programs can assist in the different areas.
Honoring Asian American Pacific Islanders (AAPI)—The USDA Forest Service Pacific Southwest Region CRSC partnered with Public Affairs to observe Asian American Pacific Islander (AAPI) Heritage Month by hosting a film viewing of “And Then They Came for Us”, which documents the story of forced incarceration of 120,000 Japanese Americans during World War II followed by a discussion with the filmmakers Abby Ginzberg and Satsuki Ina.
ADR Welcome Letter—The USDA Forest Service created an introduction e-mail template to send to each Counselee when ADR is elected during the EEO complaint process. The email welcomes the Counselee to the ADR process and lets the individual know the ADR Program Coordinator has started coordination on their request and is available to answer any questions.
Diversity Student Programs—The USDA Forest Service administered a national level diversity student program that includes a budget of approximately $1,045,500 in support of the following programs:
USDA Scholarship/Internship Program
1890 Scholars Program
1994 Scholars Program
Hispanic Association of Colleges and Universities Internship Program
Thurgood Marshall College Fund Internship Program
Greening Youth Foundation–Resource Assistant Program
Hispanic Access Foundation–Resource Assistant Program
Anti-Harassment Coordination Committee (AHCC)—In FY 2021, the USDA Forest Service Civil Rights staff continued to participate in the Agency’s AHCC. The Committee’s goal is to improve understanding of the roles and responsibilities of the different programs in addressing anti-harassment and work environment issues, create a point of contact relationships in each program area (CR, ER, HR, LR, WEPO) to facilitate communication and coordination, and improve accuracy and consistency of information provided to managers and employees on resources available and the process overall. In addition, the Committee is working to provide cross training on program delivery to better educate their members on when and how to elevate issues to program leadership, with recommendations, when higher-level decisions are needed.
Working to Eliminate Barriers—The USDA Forest Service facilitated the implementation of year two of a Barrier Action Plan focused on addressing a barrier identified during the FY 2019 MD-715 barrier analysis of Hispanic Women in the GS-0301 grade series. The trigger data demonstrated a steady decline in population over the past several years. The 301 HW Cohort (70+ Hispanic Female Forest Service employees) collaborated in the development of the action plan to support their career advancement. The plan consisted of quarterly virtual career enhancing meetings. Quarterly meeting topics they requested, and we delivered, were:
Learn to Love Networking
Open Forum: Follow-up questions and feedback
Mandatory Trainings—The USDA Forest Service continually provides routine and mandatory Civil Rights, EEO, and Anti-Harassment training to all of its employees and leadership, which has resulted in resolving issues before they escalate into EEO complaints. The training we provide, annually and/or as needed, affirms the Agency’s firm stance on EEO laws, policies, practices, processes, and procedures to promote a fair and respectful work environment.
Number of Issues Alleged Complaints
Trends—In FY 2021, a total of 71 formal complaints were filed, comparative to the 70 formal complaints filed in FY 2020. The analysis below shows the number of the most frequently cited issues alleged in formal complaints and their percentage for FY 2021. Additionally, the differential shows either a comparative increase or decrease, by number and percentage, for each issue alleged in FY 2021 and FY 2020.
Causal Analysis—In FY 2021, 71 formal complaints were filed and the most frequently cited issues were alleged in formal complaints, are as follows:
Harassment Non-Sexual 31 issues 43.66% Promotion/Non-Selection 18 issues 25.35% Appointment/Hire 08 issues 11.27% Perf. Eval./Appraisal 08 issues 11.27% Assignment of Duties 08 issues 9.86% Termination 07 issues 9.86% Disciplinary Action (Suspension) 07 issues 9.86%
In FY 2020, there were a total of 70 formal complaints filed. The data below provides the cited alleged issues in FY2020, comparative to the most frequently cited issues alleged in FY 2021:
Harassment Non-Sexual 39 issues 55.71% Promotion/Non-Selection 17 issues 24.29% Appointment/Hire 06 issues 8.57% Perf. Eval./Appraisal 12 issues 17.14% Assignment of Duties 12 issues 17.14% Termination 08 issues 11.43% Disciplinary Action (Suspension) 07 issues 10.00%
In FY 2021, the alleged issues either made a minor increase or decreased substantially compared to the same issues in FY 2020. The decreases are as follows:
Complaints based on Harassment Non-Sexual decreased by –20.51%.
Complaints based on Promotion/Non-Selection increased by 5.88%.
Complaints based on Appointment/Hire increased by 33.33%.
Complaints based on Perf. Eval./Appraisal decreased by –33.33%.
Complaints based on Assignment of Duties decreased by –41.67%.
Complaints based on Termination decreased by –12.50%.
Complaints based on Disciplinary Action (Suspension) remained the same.
Knowledge Gained—In FY 2021, the USDA Forest Service experienced some minor increases, but predominantly decreases in the number of most frequently cited issues filed in formal complaints as compared to FY 2020. The aforementioned casual analysis by issues shows the USDA Forest Service provides mandatory and routine Civil Rights, EEO, and Anti-Harassment training to employees and leadership that results in an increase awareness of their rights and responsibilities related to EEO matters. The USDA Forest Service has been successful in achieving progressive steps toward improving the work environment by opening up lines of communications between our employees and leadership.
Action Taken or Planned—The USDA Forest Service continually develops, conducts, monitors, and evaluates its Civil Rights programs, events, trainings, and documentation to ensure all employees and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, practices, procedures, and requirements. In an effort to reduce the number of Complainants filing complaints in the Agency, the USDA Forest Service has created and/or maintained the following trainings and programs:
EEO Counselor Refresher Training—In FY 2021, thirty (30) civil rights practitioners completed an eight-hour EEO Counselor Refresher training provided by Gary Gilbert Training Group in association with LRP Publications. The training was designed to provide Federal EEO Counselors with the latest updates in law and satisfy the eight-hour annual requirement for Federal EEO Counselors. In addition, the training provided a refresher of knowledge, tools, and techniques for EEO Counselors.
Mediation Refresher Training: EEOC Case Law Review—In FY 2021, thirty (30) civil rights practitioners participated in a four-hour case review presentation provided by Gary Gilbert Training Group in association with LRP Publications. The cases covered disability and reasonable accommodations, harassment, sanctions, other findings of discrimination, and remedies, including back pay and compensatory damages.
Local Minority Career Events—The USDA Forest Service conducted active outreach at local minority colleges career events and meets with the faculty and academic counselors to promote educational and employment opportunities in natural resources disciplines and discusses barriers to employment regarding diversity in agriculture, natural resources, wildland fire fighting and related sciences. Below are some of the minority colleges and universities we conduct outreach at:
Historically Black Colleges & Universities Conference
Montgomery Community College
University of Maryland
University of District of Columbia
Purdue Agribusiness Student Academy
Recruitment—The USDA Forest Service contributed to the National Strategic Recruitment Team and Hiring Team’s National Recruitment Events by identifying and alerting up to 3750 prospects from targeted populations of upcoming events and promoting webinars designed to provide information on the vacancy announcements and tips on how to apply. Which resulted in 300 individual consultations, 699 job offer acceptance and 138 career conditional conversions.
The USDA Forest Service was also instrumental in organizing, supporting, and promoting agency events, national drives, and presentations to increase understanding of college student applicants, minorities, women, and veterans at the following locations, programs, and events:
Women of Color STEM Digital Conference (10/20)
Job Corps Conservation Centers (9/21)
Operation Warfighter (Year-Round)
Wildland Firefighter Apprentice Program (8-9/21)
Society of American Foresters National Convention (10/20)
Land Management Workforce Flexibility Act Fire Hiring (7/21)
The Wildlife Society (10/20)
Minorities in Agriculture, Natural Resources, and Related Sciences (4/21)
EEO Compliance Reviews SOP Electronic Guide—The USDA Forest Service developed a Standard Operating Procedure (SOP) for conducting EEO compliance reviews consistently and in accordance with Departmental Regulation. The electronic guide consists of–(1) an online survey used to measure employees’ awareness of important civil rights policies and processes; (2) a document request checklist used to ensure collection of all significant EEO reports under audit; and (3) a communications strategy used to inform executive leaders, supervisors, and employees of “what to expect” during a compliance review.
Project Working Group for the Deaf and Hard of Hearing—The USDA Forest Service DEI Specialists play an integral part in the Agency’s Deaf and Hard of Hearing (D/HH) Project Working Group. Discussions from this group revealed a general lack of knowledge regarding the various needs of the D/HH employees along with an absence of a standardized agency-wide process to obtain the SLIS services required to allow D/HH employees to fully participate in their official capacities. DEI Specialists have taken the lead in facilitating and delivering 20+ focus group discussions with the D/HH community to identify barriers to providing necessary resources. In preparation for the focus group discussions the DEI Specialists have developed a survey for the D/HH community.
Finding of Discrimination
Trends—In FY 2021, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) and the Equal Employment Opportunity Commission (EEOC) issued a combined total of 81 Final Agency Decisions/Actions to the USDA Forest Service. Comparatively, to FY 2020, a combined total of 85 Final Agency Decisions/Actions were issued to the USDA Forest Service.
Causal Analysis—In FY 2021, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) and the Equal Employment Opportunity Commission (EEOC) issued a combined total of 81 Final Agency Decisions/Actions to the USDA Forest Service. The Agency’s records show the following.
There were no findings of discrimination issued to the USDA Forest Service in FY 2021.
5 complaints were procedurally dismissed
32 Final Agency Decisions (FAD) with no finding of discrimination
44 Final Agency Actions with and Administrative Judge (AJ) Decision
In FY 2020, the USDA, Office of the Assistant Secretary for Civil Rights (OASCR) and the Equal Employment Opportunity Commission (EEOC) issued a combined total of 85 Final Agency Decisions/Actions to the USDA Forest Service. The Agency’s records show the following:
There were six (6) findings of discrimination with bases/issues as follows:
Zone 1/Law Enforcement and Investigations (LEI)—Disability (Mental)- Non-Sexual Harassment rendered by the Office of the Assistant Secretary for Civil Rights (OASCR)
Zone 2/Region 03/Southwestern Region—4 Cases–Sex/Reprisal–Non-Sexual Harassment, Terms/Conditions of Employment, Appointment/Hire, Assignment of Duties, Training, Perf. Eval./Appraisal, and Disciplinary Action (Reprisal) rendered by the EEOC during an Administrative Hearing.
Zone 2/Region 04/Intermountain Region—Reprisal–Pay Including Overtime and Assignment of Duties rendered by the Office of the Assistant Secretary for Civil Rights (OASCR).
10 complaints were procedurally dismissed
37 Final Agency Decisions (FAD) with no finding of discrimination
36 Final Agency Actions with an Administrative Judge Decision
Knowledge Gained—The USDA Forest Service was not issued any findings of discrimination in FY 2021, which was a significant decrease from the six (6) findings of discrimination issued in FY 2020. The Agency received two (2) EEOC/OFO Appeals from previous fiscal years. The Agency is implementing one (1) U.S. EEOC/OFO Decision received in FY 2019 and a request for reconsideration of the other EEOC/OFO Decision was filed on October 04, 2021. The second finding of discrimination was received in FY 2020.
The Forest Service was not issued any findings of discrimination from the Office of the Assistant Secretary for Civil Rights (OASCR) in FY 2021.
Actions Taken or Planned—The USDA Forest Service continually develops, conducts, monitors, and evaluates its Civil Rights programs, events, trainings, and documentation to ensure all employees and managers are knowledgeable of Civil Rights, EEO, and Anti-Harassment regulations, processes, policies, practices, procedures, and requirements. In an effort to reduce the number of findings of discrimination in the Agency, the USDA Forest Service is working hard to create and/or maintain the following trainings and programs.
Mediation Refresher Training (Practical Knowledge)—The USDA Forest Service, Office of Civil Rights developed and delivered a comprehensive six-hour EEO mediation training. The course topics included:
Roles and Responsibilities
A review of each participant’s role and responsibility throughout the ADR process
Mediation Process
Six stages of facilitative style mediation
Interest-based negotiation
Mediation Skills
Neutrality
Active Listening
Emotional Intelligence
Communicating in Difficult Situations
Mock Mediation (Observance)
Writing Settlement Agreements
Mediator’s Role (In writing the Agreement)
B-SMART Method (Specific, Measurable, Achievable, Relevant, Time-bound)
Active Participation (Writing terms for an Agreement)
Over forty-five (45) civil rights practitioners and four Conflict Management Specialists attended the training.
FY 2022 Projects—In addition to ensuring all EEO counselors and mediators receive their annual refresher training, in FY 2022, the USDA Forest Service Office of Civil Rights will also develop and deliver EEO Mediation Certification training. Per EEOC and USDA directives, the course will be 40 hours long and include EEO instructions. The Special Emphasis Program Management (SEPM) training is in its final stages of development and will be delivered to all collateral duty SEPMs.
Employee Resource Groups—The USDA Forest Service facilitated the development of seven (7) new Employee Resource Groups (ERGs) to complement two (2) existing ERGs to serve as a collective voice in promoting an inclusive and respectful workplace, shed light on specific issues and barriers that may adversely impact certain groups of employees, and provide agency leadership with advice, guidance, and recommendations. ERGs representing employees from the following demographics were developed: Hispanic/Latino, Women, Persons With Disabilities, African American/Black, American Indian Alaska Native, LGBTQ+ and Veterans.
In support of the ERG initiative, the DEI team developed an Employee Resource Group Guide that outlines policies, department regulations, and various requirements for development of an ERG to be recognized by the Department. The USDA OHRM has approved/concurred with the guide and recommended the document be used as a best practice in the Department.
HERstories—The USDA Forest Service developed a campaign in collaboration with a Forest Service Historian titled HERstories to capture the stories of female employees throughout the Agency–both current and retired. Collaborating with the Washington Office (WO) Office of Communication, the team shared interviews, sounds bites and short bios of women who shared their career experiences featured in a bi-weekly column on the online site Inside the Forest Service. The women’s stories reveal highlights and honor of their legacy. There have been a total of nine (9) HERstories featured on the Inside the Forest Service online site.
Partnering with WEPO—The USDA Forest Service DEI Specialists represents the Office of Civil Rights in collaborating and partnering with the Work Environment Performance Office (WEPO), to design and plan a national-level Inclusivity Learning Series. Initially, the event was planned as an in-person training in May and evolved into a series of virtual engagements around the topic of inclusion. The DEI Specialists were instrumental in identifying presenters/facilitators, organizing pilot trainings, drafting talking points and briefing papers, and developing assessments for program evaluation.
Partnership, Outreach, and Capacity Building Program—The USDA Forest Service administered a national level Partnership, Outreach, and Capacity Building Program targeted key 1890 Colleges and Universities that includes a budget of approximately $368,641. Working in collaboration with Southern Research Station, Forest Products Laboratory, and the Southern Region Civil Rights funds are used in support of various partnership agreements focusing on exposing students at these universities to careers in Natural Resources and the Forest Service.
Average Length of Time to Complete Each Stage of the Complaint Process—Once a formal complaint is filed, the Office of the Assistant Secretary for Civil Rights is responsible for accepting or dismissing the complaint and conducting and completing an investigation. EEO regulations specify that this process must be completed within a 180 days. In FY 2021, the average number of days a case was in the investigation stage was 132 days. In comparison to FY 2020, the average number of days a case was in the investigation stage was 182 days. The average number of days a case was in the investigation stage decrease considerably in FY 2021. The Agency contributes the decrease to consistent collaboration and tracking by the Agency with OASCR. All investigations that reached a 120 days are monitored and tracked by the Agency to ensure timely submissions within the prescribed timeframe. Furthermore, there are a number of amended cases, whereby, Complainants added additional issues to their original complaints, thereby the investigation is extended. On April 06, 2020, the EEOC issued a memorandum to the Federal agencies regarding the processing of Federal sector EEO complaints covered by 29 CFR Part 1614 in consideration of the National Emergency. The link to the aforementioned memorandum is https://www.eeoc.gov/update-april-6-2020-memorandum-processing-information.
The USDA’s role is to ensure a Hearing Request is processed within fifteen (15) days of receipt of the election form from either the Complainant or the EEOC. In FY 2021, the average number of days a complaint was in the EEOC hearing process was 991 days. In comparison to FY 2020, the average number of days a complaint was in the EEOC hearing process was 1046 days. Of all the stages of the complaint process, the final agency actions stage took the greatest number of days. In FY 2021, the average number of days of the final agency actions was 1048 days. In comparison to FY 2020, the average number of days of the final agency actions was 1613 days.
Pending Complaints Filed in Previous Fiscal Year (FY)—In FY 2021, there were a total of 166 complaints on-hand at the beginning of the reporting period, which is a substantial decrease from the 203 pending complaints in FY 2020. We attribute the decrease in the carryover of pending complaints file to the increase in closures before the end of the reporting period. Between FY 2019–FY 2020, the Agency closed 275 cases.
Total Number of Pending Complaints where Investigations Exceed the Required Timeframes— The USDA, Office of the Assistant Secretary for Civil Rights (OASCR), Employment Investigation Division (EID) has complete responsibility for the management of the investigation process. Under a renewable Service Level Agreement (SLA), the OASCR, EID compiles all relevant information and creates reports of investigations (ROIs). The USDA Forest Service is only responsible for assisting in providing point of contacts, obtaining relevant documents, and ensuring the cooperation from witnesses.
In FY 2021, a total of 67 investigations were completed for the USDA Forest Service. Of the 67 investigations completed, 61 were completed within the prescribed timeframe of 180 days or less, resulting in 91.04% completion rate.
In FY 2020, a total of 78 investigations were completed for the USDA Forest Service. Of the 78 investigations completed, 47 were completed within the prescribed timeframe of 180 days or fewer, resulting in 60.26% completion rate.
In FY 2021, the averaging processing days for the Agency’s responses to document requests for investigations were 12 days. The USDA Forest Service’s Service Level Agreement requires the Agency to respond within 15 days of receipt of a request.
Posting of No FEAR Statistical Data—In support for adhering to the provisions of the No FEAR Act, the USDA Forest Service has linked its Quarterly No FEAR statistical data to the USDA’s public website at: https://www.usda.gov/nofear. Under the No FEAR Act, in addition to quarterly data postings, all Federal Agencies are required to post summary statistical EEO complaint data for the last five (5) fiscal years. The USDA Forest Service continues its focus on addressing workplace issues by verifying the distribution of quarterly statistical data trends for the public record. Quarterly summary statistical data is posted as links on both the USDA Forest Service public website (http://fsweb.wo.fs.fed.us/cr/reports.html) as it pertains to EEO complaints filed, as well as, on the USDA public website, https://www.usda.gov/nofear. The No FEAR Act quarterly data is reported via a direct feed from reports generated from MicroPact iComplaints.
No FEAR Training Requirements—The Agency is consistently providing bi-annual No FEAR Act Refresher training to all USDA Forest Service employees on a basis which is consistent with an employee’s No FEAR Act Comprehensive completion date. In addition to the No FEAR Act Refresher training, new employees also are assigned the No FEAR Act Comprehensive training during their onboarding process. The No FEAR Act training (508c compliant) is available to all employees (permanent/seasonal/temp/students) either electronically, via hard copy or in person. Through this effort, the USDA Forest Service is able to continually reinforce USDA’s commitment to the establishment of a workplace that is free from discrimination, harassment, and retaliation. Managers, supervisors, and employees are held accountable for their part in ensuring that all customers, employees, applicants, constituents, and stakeholders are treated in accordance with USDA Civil Rights policies and applicable legal requirements. The commitment and dedication of the USDA Forest Service towards ensuring that all work environments are free of harassment and discrimination for all employees is evident among the positive trends that were demonstrated in the FY 2020 No FEAR Report and is also demonstrated in this report.
Agency’s Process for Providing the Annual No FEAR Notice to its Employees—The Agency is consistently providing initial comprehensive No FEAR Act training to new employees, as well as, bi- annual No FEAR Act Refresher training to all employees on a basis which is consistent with an employees’ No FEAR Act Comprehensive completion date. The No FEAR Act training (508c compliant) is available to all employees either electronically through AgLearn, via hard copy through the Workforce Education and Development Office, Civil Rights Zone Directors, or online at the Civil Rights Intranet page at http://fsweb.wo.fs.fed.us/cr/training/training.php. Additionally, the No FEAR Act information is posted in common areas throughout the Agency.
In FY 2021, 2,978 active employees were assigned either the No FEAR Act comprehension or bi-annual No FEAR Act refresher training, of which 97 were new employees with less than 90 days of time in service by the end of FY 2021. By the close of FY 2021, 2596 employees completed the training, resulting in an 87 percent success rate. However, the data is not 100 percent accurate. Many employees/supervisors could not self-certify due to wilderness fires, COVID-19, and other extenuating circumstances. The USDA Forest Service is committed to USDA’s policies and goals and continually notifies its employees on an annual basis regarding EEO policies. The USDA Forest Service continues to reinforce USDA’s commitment to establishing a workplace that is free from discrimination, harassment, and retaliation.