NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 ANNUAL REPORT FOR THE FISCAL YEAR 2010

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06803279
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 31
• Document Creation Date: July 11, 2023
• Document Release Date: May 2, 2022
• Case Number: F-2014-00260
• Publication Date: January 1, 2010

Approved for Release: 2022/03/31 C06803279
Central Intelligence Agency
1
Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002
Annual Report for the Fiscal Year 2010
rui) Office of Equal
Employment Opportunity
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Table of Contents
Tab A Executive Summary
Tab B Comparative Data FY2006 - FY2010
Tab C FY2010 EEO Statistical Report of
Discrimination Reports
Tab D Agency Regulation: Discipline and
Accountability
Tab E Agency's Zero Tolerance Policy
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Insert Signed Executive Summary Here
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Complaint Activity
Comparative Data
Previous Fiscal Year Data
2006
2007
2008
2009
2010
Number of Complaints Filed
12
24
22
21
33
Number of Complainants
11
23
22
21
32
Repeat Filers
1
2
0
0
1
Complaints by Basis
Comparative Data
Previous Fiscal Year Data
Note: Complaints can be filed
alleging multiple bases. The sum
of the bases may not equal total
complaints filed.
2006
2007
2008
2009
2010
Race
2
5
19
8
11
Color
0
1
1
3
0
Religion
1
3
1
0
3
Reprisal
3
7
8
28
18
Sex
6
11
15
6
12
National Origin
1
4
1
7
4
Equal Pay Act
0
0
0
0
0
Age
4
4
8
6
10
Disability
6
7
1
19
9
Non-EEO
0
0
0
0
0
Complaints by Issue
Comparative Data
Previous Fiscal Year
Note: Complaints can be filed
alleging multiple issues. The sum
of the issues may not equal total
complaints filed.
2006
2007
2008
2009
2010
Appointment/Hire
4
0
3
0
7
Assignment of Duties
1
9
9
10
9
Awards
1
2
3
7
1
Conversion to Full-time
0
0
0
0
0
Disciplinary Action
Demotion
0
0
0
0
0
Reprimand
1
0
0
1
1
Removal
0
1
0
8
1
Suspension
0
0
0
0
0
Other
0
1
0
0
3
Duty Hours
0
0
0
1
1
Evaluation Appraisal
0
3
1
2
9
Examination/Test
0
0
1
0
1
Harassment
Non-Sexual
9
7
10
11
3
Sexual
1
2
3
1
1
Medical Examination
0
0
0
3
1
Pay (Including Overtime)
0
1
1
0
2
Promotion/Non-Selection
6
8
16
6
9
Reassignment
Denied
1
3
1
8
3
Directed
0
1
1
1
2
Reasonable Accommodation
0
1
0
0
1
Reinstatement
0
0
0
0
0
Retirement
0
0
0
0
0
Termination
0
1
2
4
4
Terms/Conditions of Employment
0
1
0
9
1
Time and Attendance
0
1
0
0
1
Training
2
2
3
5
5
Other
2
0
0
0
6
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-
Processing Time
Comparative Data
Previous Fiscal Year Data
2006.
2007
2008
2009
2010
Complaints pending during fiscal year
Average number of days in
investigation stage -
.
145
173
181
218
180.05
Average number of days in final
action stage
240
277
61
Complaint pending during fiscal year
where hearing was requested
Average number of days in
investigation stage
.
657
296
226
240
0
Average number of days in final
action stage
.
304
312
0
Complaint pending during fiscal year
where hearing was not requested
Average number of days in
investigation stage
396
183
198
304
290.85
Average number of days in final
action stage
49
49
61
Complaints Dismissed by Agency
Comparative Data
Previous Fiscal Year Data
2006
2007
2008
2009
2010
Total Complaints Dismissed by Agency
4
3
3
5
4
Average days pending prior to
dismissal
63
17
34
28
36
Complaints Withdrawn by
Complainants
Total Complaints Withdrawn by
Complainants
2
3
2
2
2
Pending Complaints Filed in
Previous Fiscal Years by Status
Comparative Data
Previous Fiscal Year Data
2006
2007
2008
2009
2010
Total complaints from previous Fiscal
Years
4
3
10
18
30
Total Complainants
4
3
10
18
29
Number complaints pending
Investigation
0
0
0
0
0
Hearing
3
3
8
13
18
ROI Issued, Pending Complainants
Action
n/a
n/a
n/a
0
0
Final Action
1
0
1
3
2
Appeal with EEOC Office of Federal
Operations
0
0
1
2
0
Comparative Data
1
Complaint Investigations
Previous Fiscal Year Data
2006
2007
2008
2009
2010
Pending Complaints Where
Investigations Exceeds Required Time
Frames
3
0
1
2
6
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�
�
�
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ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency
PART I PRE-C
EEO COUNSELOR
A. TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
55
54
1. COUNSELED WITHIN 30 DAYS
15
14
2. COUNSELED \WHIN 31 TO 90 DAYS
30
30
a. COUNSELED WITHIN WRITTEN EXTENSION
PERIOD NO LONGER THAN 60 DAYS
25
25
b. COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR
5
C. COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY
0
3. COUNSELED BEYOND 90 DAYS *
10
10
4. COUNSELED DUE TO REMANDS
0
0
ADR INTAKE OFFICER
B. TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
0
0
1. COUNSELED WITHIN 30 DAYS
0
2. COUNSELED WITHIN 31 TO 90 DAYS
0
a. COUNSELED WITHIN WRITTEN EXTENSION
� PERIOD NO LONGER THAN 60 DAYS
0
0
b. COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR
c. COUNSELED WITHIN 31.90 DAYS THAT WERE UNTIMELY
0
3. COUNSELED BEYOND 90 DAYS
4. COUNSELED DUE TO REMANDS
0
0
COMBINED TOTAL.
C. TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
55
54
1. COUNSELED WITHIN 30 DAYS
15
14
2. COUNSELED WITHIN 31 TO 90 DAYS
30
30
a. COUNSELED WITHIN WRITTEN EXTENSION
PERIOD NO LONGER THAN 60 DAYS
25
25
b. COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR '
5
5
C. COUNSELED WITHIN 31-99 DAYS THAT WERE UNTIMELY
0
3. COUNSELED BEYOND 90 DAYS
10
10 �
4. COUNSELED DUE TO REMANDS
0
0
REPORTING PERIOD: FY 2010
COUNSELING
INDIVIDUALS
D. PRE-COMPLAINT ACTIVITIES
1. ON HAND AT THE BEGINNING OF THE
REPORTING PERIOD
10
10
2. INITIATED DURING THE REPORTING PERIOD
57
54
3. COMPLETED/ENDED COUNSELINGS
55
54
a. SETTLEMENTS (MONETARY AND
NON-MONETARY)
2
2
b. WITHDRAWALS/NO COMPLAINT FILED
20
20
c. COUNSELINGS COMPLETED/ENDED IN
REPORTING PERIOD THAT RESULTED
IN COMPLAINT FILINGS IN REPORTING
PERIOD
33
32
d. DECISION TO FILE COMPLAINT PENDING
AT THE END OF THE REPORTING PERIOD
0
4. COUNSELINGS PENDING AT THE END OF THE
REPORTING PERIOD
12
12
EEOC FORM 42 (REVISED SEPT 20101
AINT Arrnirn
Printed on 2/3/2011
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ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
1
AGENCY OR DEPARTMENT: Central Intelligence Agency
PART II - FORMAL COMPLAINT ACTIVITIES
REPORTING PERIOD: FY 2010
PART III - AGENCY RESOURCES, TRAINING, REPORTING LINE
36 A. COMPLAINTS ON HAND AT THE BEGINNING
OF THE REPORTING PERIOD
33 B. COMPLAINTS FILED
5
3
0
0
C. REMANDS (sum of lines C1+C2+C3)
Cl. REMANDS (NOT INCLUDED IN A OR B)
C.2. REMANDS (INCLUDED IN A OR B)
C.3. NUMBER OF ADDITIONAL REMANDS IN THIS REPORTING.
PERIOD THAT ARE NO-I:CAPTURED IN C.1 OR C.2 ABOVE
C.4. ADDITIONAL CLOSURES IN THIS REPORTING PERIOD NOT
REFLECTED IN F OR H THAT RESULTED FROM REMANDS
71 D. TOTAL COMPLAINTS (sum of lines A+B+C1)
66
21
E. COMPLAINTS IN LINE D THAT WERE NOT CONSOLIDATED
F. COMPLAINTS IN LINE E CLOSED DURING REPORT PERIOD
O G. COMPLAINTS IN LINE D THAT WERE CONSOLIDATED
0 H. COMPLAINTS IN LINE G CLOSED DURING REPORT PERIOD
53 I. COMPLAINTS ON HAND AT THE END OF THE
REPORTING PERIOD (Line 0 - (F+H)) + [(C2 + C3) - C4]
32 J. INDIVIDUALS FILING COMPLAINTS
2
K. NUMBER OF JOINT PROCESSING UNITS FROM
CONSOLIDATION OF COMPLAINTS
(b)(3)
(b)(6)
(b)(3)
(b)(6)
A. AGENCY & CONTRACT RESOURCES
AGENCY
CONTRACT
1. WORK FORCE
a. TOTAL WORK FORCE
b. PERMANENT EMPLOYEES
NUMBERIPERCENT
0
2. COUNSELOR
0
a. FULL-TIME
0
b. PART-TIME
0
C. COLLATERAL DUTY
0
3. INVESTIGATOR
2
a. FULL-TIME
2
0.00
0.00
0.00
100.00
NUMBER PERCENT
0
0
0
2
0
b. PART-TIME
0
c. COLLATERAL DUTY
0
4. COUNSELOR/INVESTIGATOR
7
a. FULL-TIME
7
0.00
0.00
100.00
2
0
0
0
b. PART-TIME
0
C. COLLATERAL DUTY
0
0.00
0.00
0
0
0.00
100.00
0.00
0.00
0.00
0.00
B. AGENCY & CONTRACT STAFF TRAINING
COUNSELORS
AGENCY CONTRACT
INVESTIGATORS ICOUNS/INVESTIG
AGENCY CONTRACT AGENCY CONTRACT
1. NEW STAFF - TOTAL
0
0
0
0
2
0
a. STAFF RECEIVING REQUIRED
32 OR MORE HOURS
0
0
0
0
2
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
2
2
5
0
a. STAFF RECEIVING REQUIRED
8 OR MORE HOURS
0
0
2
2
5
0
b. STAFF RECEIVING 32 OR
MORE HOURS, GENERALLY
GIVEN TO NEW STAFF
0
0
0
0
0
0
C. STAFF RECEIVING NO
TRAINING AT ALL
0
0
0
0
0 -
C. REPORTING LINE
1 EEO DIRECTOR'S NAME:
1a. DOES THE EEO DIRECT' R REPORT
TO THE AGENCY HEAD?
YES
NO
X
(b)(3)
(b)(6)
(b)(3)
(b)(6)
2.
PERSON:
IF NO, WHO DOES THE EEO DIRECTOR REPORT TO?
TITLE: Director of the Employee Resource Center
3.
PERSON:
TITLE: Director of EEO
WHO IS RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF THE EEO
PROGRAM IN YOUR DEPARTMENT/AGENCY/ORGANIZATION?
4
PERSON:
WHO DOES THAT PERSON REPORT TOT
TITLE: Director of the Employee Resource Center
EEOC FORM 462 (REVISED MARCH 20091
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page 2
11M1 NMI MEI 11111 INN NMI INN EN INN an INN MIN 1=1 1�11 MI INN M1111
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ANNUAL FEDERAL. EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION 'COMPLAINTS
. (REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART IV - BASES AND ISSUES ALLEGED IN COMPLAINTS FILED
ISSUES OF
ALLEGED
DISCRIMINATION
BASES OF ALLEGED DISCRIMMATION
RACE
COLOR
RELIGION
REPRISAL
SEX
NATIONAL ORIGIN
EOUAL
PAY ACT
AGE
DISABILITY
GINA
TOTAL
BASES
BY ISSUE
TOTAL
COMPLAINTS
BY ISSUE
TOTAL
compLA2NANrs
BY ISSUE
AMER INOLAN/
24.2.A
NATIVE
ASIAN
wanyrtorAmy
Orlin rAcrrIc
ISLANDER
IILAc.
AFRICAN
AWAIC A N
nynTE
TwO ORME.
. RACES
MALE.
FEMALE
DIVA..
LAYIND
OnIER
MALE
FERULE
RMNPAL
PHYSICAL
, APPOrNTREEKENME
0
0
0
1
0
0
0
0
5
,
0
1
0
0
1
0
1
0
9
8
8
n AsSIDKVF.TOP OLDIES
0
1
0
4
0
0
1
1
2
1
3
0
1
3
0
4
0
21
10
10
C AWARDS
0
0
0
1
0
0
0
0
0
0
1
0
0
0
0
0
0
2
1
1
D. CONYERS,. TO MI. MIR
0
0
0
0
0
0
0
0
0
0
0
0
0
0
. 0
0
0
0
0
0
E. DISCIPLINARY ACTION
0
0
0
1
0
0
0
0
1
0
2
0
0
1
0
0
U
5
4
4
DEMOTION
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
REPRIMAND
0
0
0
0
0
0
0
0 �
1
0
1
0
0
0
0
0
0
2
1
1
SIPSPV.ION
0
0
0
0
0
0
0
� 0
0
0
0
0
0
0
0
0
U
0
0
0
REMOVAL
0
0
0
1
0
0
0
0
0
0
1
0
0
1
0
0
0
3
3
3
P 01.1.14MRS
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
A. EVALDAPPDVAPPRAISAL
0
1
0
4
0
0
1
2
6
1
3
1
1
5
2
3
0
� 30
11
10
II EXAMINAMMTEIT
0
0
0
1
0
0
0
0
0
0
1
0
0
1
1
1
Ct
5
2
2
I , RARAIIMENT
0
1
0
0
0
0
1
0
4
1
4
0
0
2
1
2.
0
16
6
6
I No.IINDAL
0
1
0
0
0
0
1
0
4
0
4
0
0
2
1
2
0
15
5
' 5
2. sExuAL
0
1
0
1
1
1
I MEDICAL ERWIN..
0
1
0
1
0
0
0
1
0
1
.0
0
1
2
1
0
0
8
2
2
K. PAY ncLI/D(No oVERTIM6
0
1
0
1
0
0
0
1
0
1
0
0
1
0 1 0
1
0
0
0
6
2
2
L PRomonowN022-2FLErmoN
0
1
0
1
1 "
0
0
1
5
1
1
1
1
4
'0
1
0
18
9
9
M REAss..fENT
0
0
0
1
0
0
0
0
1
0
1
0
0
2
0
0
0
5
5
5
i DENTED
0
0
0
1
0
0
0
0
0
0
1
0
0
1
0
0
0
3
3
3
2- 221RECTED
0
0
0
0
0
0
0
0
1
0
0
0
0
1
0
0
0
2
2
2
N PEAs*Ntill6 ACcon,22DATIoN
0
0
0
1
0
1
1
1
0 REINSTAMPENT
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
P RET.EVENT
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
O....ATOM
0
1
0
1
0
0
0
1
3
0
2
0
1
0
0
1
0
10
4
4
R TISIDDoCONUITRINS Or EMMOYMPDIT
0
0
0
4
0
0
1
0
3
0
3
0
0
2
0
2
0
15
8
8
S. TLVE AND ATM...AVM
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
P TRAWL.
0
0
0
3
0
0
0
0
0
0
1
0
0
2
0
1
0
7
5
5
V. on. (........R.I.I.I
I
�
�
4
TOTAL ISSUES BY BASES
,..
0
7
0
26
1
0
4
7
30
6
23
2
. 6
0
0
26
5
17
0
TOTAL COMPLAINTS FILED BY BASES
0
3
0
8
1
0
1
3
20
2
12
2
2
0
0
11
3
9
0
TOTAL COMPLAINANTS BY BASES
0
3
0
8
1
0
1
3
19
2
12
2
2
0
0
11
3
9
0
EEOC FORM 462 (REVISED MARCH 2010)
05053
Approved for Release: 2022/03/31 C06803279
111111 11M1 111111 11111 NM MI 111111 NMI Inn 11111 OM MI =1 MO Ell EN
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency
PART IVA - BASES OF DISCRIMINATION IN FINDINGS AND ALLEGED IN SETTLEMENTS
BASES OF DISCRIMINATION IN FINDINGS AND ALLEGED BASES IN SETTLEMENTS
RACE
COLOR
RELIGION
tlEPRISAL
SEX
NATIONAL avow
EOUAL PAY ACT
AGE
DISABILITY
GINA
ANER.ISOLOr
NATTVE
ARAN
wMIr swum.
'ITE,,TA, '
mina
'MOOR
MCI.
MALE
FEMALE
HISPANIC/
iff HER
FEMALE
mEN.rm,
rmy,,,,,
FINDINGS/ALLEGATIONS IN:
I . Counsel ing Settlement All egations
U
U
U
U
1
0
U
U
U
U
U
I
U
0
0
0
U
U
U
Ia. Number of Cornwell.. Settled
0
0
0
0
1
U
0
0
0
0
0
1
0
0
0
0
0
0
0
lb. Nunihor of Coonectixe Sealed With
0
0
0
0
1
0
0
0
0
0
0
1
0
0
0
0
0
0
0
2. Complaint Settlement Allegations
U
U
U
1
U
0
U
U
U
U
1
U
U
U
U
0
0
0
0
2n. Number of Complaints Settled
0
0
0
1
0
U
0
U
U
0
1
U
U
O
L1
O
O
U
U
2b. Number .r Complainants Settled With
0
0
0
1 ' �
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
3. Final Agency Decision Findings
U
U
U
U
U
0
U
U
U
U
U
U
U
U
U
0
0
0
0
3a. Number FADS with Findings
0
0
0
0
0
U
0
0
0
0
0
0
0
0
0
0
0
0
0
3b. Number Complainants Issued FAD Findines
U
V
U
U
U '
U
U
U
U
U
u
u
U
U
U
U
0
0
0
4. AJ Decision Findings
0
U
U
U
0
0
U
U
0
U
U
U
U
U
U
0
0
0
0
da. Number Al laccisions With Findings
U
V
U
U
U
0
U
U
U
U
U
U
U
U
U
U
U
U
5. Final Agency Order Findings Implemented
U
U
U
U
U
U
U
Cr-
U
U
U
U
U
U
U
0
0
0
0
58. Nunther of Final Orders With Findings Implemcnted
U
U
U
U
0
U
U
U
U
U
U
U
U
U
U
0
0
0
0
5b. T/ of Complainants iamed FOs with Findines Implemented
0
U
U
U
0
U
U
U
U
0
0
0
U
U
U
0
0
0
0
�1.1
TOTAL SETTLEMENT ALLEGATIONS
0
0
0
1
1
U
U
Cr
0
0
1
1
U
U
0
0
0
U
TOTAL FINAL ACTION FINDINGS
0
U
0
U
0
0
U
0
0
0
0
U
U
0
0
0
0
0
0
REPORTING PERIOD: FY 2010
�
4 t1;i'e-;74:
PART MB - ISSUES OF DISCRIMINATION IN FINDINGS AND ALLEGED IN SETTLEMENTS
ISSUES OF DISCRIMINATION IN FINDINGS AND ALLEGED ISSUES IN SETTLEMENTS
AINOMITHENT,
HIRE
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REMO,AL
NON.SENDAL
SENAL
DEMIED
000,1111
,
I. Counseling Settlement Allegations
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
la Number of Counselings Settled
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
. lb. Nunituff of Counsclees Settled With
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2, Complaint Settlement Allegations
0
0
0
0
0
0
0
0
0
0
0
0
0
0
V
1
0
0
0
0
0
0
1
V
U
0
2a. Number of Complaints Settled
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0.
0
0
0
0
0
1
u
0
0
2b. Number nf Complainants Settled With
0
0
0
0
0
0
0
o
n_
o
o
o
_o
o
o
1
o
0
n
n
n
0
1
0
o
0
3. Final Agency Decision Findings
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
En. Number FADs with Findings
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
35. Number Complainants Issued FAD Findings
0
0
0
0
0
0
0
0
n
0
0
0
0
n
0
o
o
0
o
n
0
0
0
0
0
0
4. Al Decision Findings
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
U
0
0
ga. Number Al Decisions With Findings
0
0
0
0
0
0
9
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
5. Final Agency Order Findings Implemented
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
(3
0
0
0
o
0
0
5a. Number of Final ()niers With FindUms Implemented
0
0
0
0
0
0
0
o
o
o
o
o
o
o
o
o
0
0
0
0
0
0
0
0
0
0
5b. a or Complainants lamed FOs with Findinas Implemented
0 -
0
0
0
0
0
0
0
0
0
0
0
0
0
' 0
0
0
0
0
0
0
0
0
0
0
0
TOTAL SETTLEMENT ALLEGATIONS
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
1
0
0
0
TOTAL FINAL ACTION FINDINGS
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 _
0
li
0
o
0
0
EEOC FORM 462 (Modified AUGUST 2010)
Approved for Release: 2022/03/31 CO6803279
Approved for Release: 2022/03/31 C06803279
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER,1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART V - SUMMARY OF CLOSURES BY STATUTE
,
A. STATUTE
16
(IF A SINGLE COMPLAINT HAS MULTIPLE STATUTES RECORD EACH ON THE APPROPRIATE LINE.)
1. TITLE VII
2. AGE DISRIMINATION IN EMPLOYMENT ACT (ADEA)
3. REHABILITATION ACT �
4. EQUAL PAY ACT (EPA) .
5. GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)
STATUTES
THIS NUMBER MAY BE LARGER THAN THE TOTAL NUMBER OF COMPLAINTS CLOSED.
3
2
0
0
...
B. TOTAL BY
21
(Al +A2+A3+A4+A5)
PART VI - SUMMARY OF CLOSURES BY CATEGORY
A. TOTAL NUMBER OF CLOSURES (1+2+3)
TOTAL
NUMBER
TOTAL
DAYS
AVERAGE
DAYS
16
4056
253.50
1. WITHDRAWALS
2
734
367.00
a. NON-ADR WITHDRAWALS
2
734
367.00
b. ADR WITHDRAWALS
0
0
0.00
2. SETTLEMENTS
2
559
279.50
a. NON-ADR SETTLEMENTS
2
559
279.50
b. ADR SETTLEMENTS
0
0
0.00
3. FINAL AGENCY ACTIONS (B+C)
12
2763
230.25
B. FINAL AGENCY DECISIONS VVITHOUT AN ADMINISTRATIVE JUDGE DECISION (1+2+3)
12
2763
230.25
1. FINDING DISCRIMINATION
0
0
0.00
2. FINDING NO DISCRIMINATION
5
2083
416.60
3. DISMISSAL OF COMPLAINTS
7
680
97.14
C. FINAL AGENCY ORDERS WITH AN ADMINISTRATIVE JUDGE (AJ) DECISION (1+2)
0
0
0.00
1. AJ DECISION FULLY IMPLEMENTED (a+b+c)
0
0
0.00
(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 BOTH FINDING AND REMEDY
0
0
0.00
(b) FINDING NO DISCRIMINATION
0
0
0.00
(c) DISMISSAL OF COMPLAINTS
0
0
0.00
EEOC FORM 462 (REVISED SEPT 2010)
page 4
Approved for Release: 2022/03/31 C06803279
Approved for Release: 2022/03/31 C06803279
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART VI - SUMMARY OF CLOSURES BY CATEGORY (Continued)
TOTAL
NUMBER
- TOTAL
DAYS
AVERAGE
DAYS
D. FINAL AGENCY MERIT DECISIONS (FAD) ISSUED (1+2+3+4)
5
302
60.40
1. COMPLAINANT REQUESTED IMMEDIATE FAD (1a+1b)
3
181
60.33
a. AGENCY ISSUED FAD WITHIN 60 DAYS OF RECEIPT OF FAD REQUEST
2
119
59.50
b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND RECEIPT OF FAD REQUEST
62
62.00
2. COMPLAINANT DID NOT ELECT HEARING OR FAD (2a+2b)
2
121
60.50
a. AGENCY ISSUED FAD WITHIN 60 DAYS OF END OF 30-DAY ELECTION PERIOD
1
60
60.00
b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND END OF 30-DAY ELECTION PERIOD
61
61.00
3. HEARING REQUESTED; AJ RETURNED CASE TO AGENCY FOR FAD WITHOUT AJ DECISION (38+3b)
0
0
0.00
a. AGENCY ISSUED FAD WITHIN 60 DAYS OF RECEIPT OF AJ RETURNED CASE FOR FAD ISSUANCE
0
0
0.00
b. AGENCY ISSUED FAD MORE THAN 60 DAYS AFTER RECEIPT OF AJ RETURNED CASE 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 FORMAL COMPLAINTS CLOSED BY TYPES OF BENEFITS
NUMBER
A. TOTAL COMPLAINTS CLOSED WITH BENEFITS
2
B. CLOSURES WITH MONETARY BENEFITS TO COMPLAINANT
2
1. BACK PAY/FRONT PAY
1
2. LUMP SUM PAYMENT
3. COMPENSATORY DAMAGES
0
4. ATTORNEY FEES AND COSTS
0
INTENTIONALLY LEFT BLANK
E. CLOSURES WITH NON-MONETARY BENEFITS
1
F. TYPES OF BENEFITS
NUMBER OF CLOSURES
NETH MONETARY BENEFITS
1. HIRES
a. RETROACTIVE
0
b. NON-RETROACTIVE
0
2. PROMOTIONS
a. RETROACTIVE
b. NON-RETROACTIVE
0
3. EXPUNGEMENTS
0
4. REASSIGNMENTS
0
5. REMOVALS RESCINDED
0
a. REINSTATEMENT
0
b. VOLUNTARY RESIGNATION
0
6. ACCOMMODATIONS
0
7. TRAINING
0
8. APOLOGY
0
9 DISCIPLINARY ACTIONS
0
a. RESCINDED
0
b. MODIFIED
10. PERFORMANCE EVALUATION MODIFIED
0
11. LEAVE RESTORED
12.0
0
13.0
0
14.0
0
EEOC FORM 462 (REVISED MARCH 20091
Approved for Release: 2022/03/31 C06803279
Approved for Release: 2022/03/31 C06803279
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART VIII - SUMMARY OF PENDING COMPLAINTS BY CATEGORY
A. TOTAL COMPLAINTS PENDING (SAME AS PART ll Line I)
(1+2+3+4)
NUMBER
PENDING
NUMBER
OF DAYS
AVERAGE
DAYS
NUMBER OF DAYS PENDING
FOR OLDEST CASE
53
22538
1. COMPLAINTS PENDING WRITTEN NOTIFICATION
(Acknowledgement Letter)
1
41
41.00
41
2. COMPLAINTS PENDING IN INVESTIGATION
27
4753
176.04
339
3. COMPLAINTS PENDING IN HEARINGS
21
16034
763.52
1267
4. COMPLAINTS PENDING A FINAL AGENCY ACTION
4
1710
427.50
568
'
PART IX - SUMMARY OF INVESTIGATIONS
COMPLETED
,-
TOTAL
TOTAL DAYS
AVERAGE DAYS
A. INVESTIGATIONS COMPLETED DURING REPORTING PERIOD (1+3)
13
3650
280.77
1. INVESTIGATIONS COMPLETED BY AGENCY PERSONNEL (a+b+c)
11
3151
286.45
a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS
3
535
178.33
b. INVESTIGATIONS COMPLETED IN 181 - 360 DAYS
6
1774
295.67
1. TIMELY COMPLETED INVESTIGATIONS
1
329
329.00
2. UNTIMELY COMPLETED INVESTIGATIONS
5
1445
289.00
c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS
2
842
421 00
2. AGENCY INVESTIGATION COSTS
3. INVESTIGATIONS COMPLETED BY CONTRACTORS (a+b+c)
2
499
249.50
a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS
0
0
0.00
b. INVESTIGATIONS COMPLETED IN 181 -360 DAYS
2
499
249.50
1. TIMELY COMPLETED INVESTIGATIONS
1
268
268.00
2. UNTIMELY COMPLETED INVESTIGATIONS
1
231
231.00
c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS .
0
0
0 00
4. CONTRACTOR INVESTIGATION COSTS
(b)(3)
(b)(3)
,
EEOC FORM 462 (REVISED MARCH 2009) �
page 6
Approved for Release: 2022/03/31 C06803279
Approved for Release: 2022/03/31 C06803279
1
1
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART X - SUMMARY OF ADR PROGRAM ACTIVITIES
INFORMAL PHASE (PRE-COMPLAINT)
A. INTENTIONALLY LEFT BLANK
B. ADR ACTIONS IN COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
1. ADR OFFERED BY AGENCY
2. REJECTED BY COUNSELEE
3. INTENTIONALLY LEFT BLANK
4. TOTAL ACCEPTED INTO ADR PROGRAM
20
18
13
12
7
7
C. ADR RESOURCES USED IN COMPLETED/ENDED COUNSELINGS (TOTALS)
1
1
1 INHOUSE
2. ANOTHER FEDERAL AGENCY
3. PRIVATE ORGANIZATIONS, (e.g., CONTRACTORS,
BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS
OR COLLEGE/UNIVERSITY PERSONNEL)
4. MULTIPLE RESOURCES USED (Please specify in a comment box)
5. FEDERAL EXECUTIVE BOARD
6.0
7.0
1
1
0
0
'
.
0
0
0
0
0
0
0
0
0
0
,
COUNSELINGS
INDIVIDUALS
DAYS
AVERAGE DAYS
D. ADR TECHNIQUES USED IN COMPLETED/ENDED COUNSELINGS (TOTALS)
1
1
8
8.00
1. MEDIATION
2. . SETTLEMENT CONFERENCES
3. EARLY NEUTRAL EVALUATIONS
4 FACTFINDING
5. FACILITATION
6 OMBUDSMAN
7. PEER REVIEW
8. MULTIPLE TECHNIQUES USED (Please specify ins comment box)
9. 0
10. 0
11. 0
0
0
0
0.00
0
. 0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
1
1
8
.8.00
0
0
0
0.00
0
0
0
0.00
0
0
� 0
0.00
0
0
0
0.00
0
0
0
0.00
E. STATUS OF ADR CASES IN COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
DAYS
AVERAGE DAYS
1 TOTAL CLOSED
a. SETTLEMENTS 1NITH BENEFITS (Monetary and Non-monetary)
b. NO FORMAL COMPLAINT FILED
c. COMPLAINT FILED
i. NO RESOLUTION
ii. NO ADR ATTEMPT (aka Part X.E.1.d)
DECISION TO FILE COMPLAINT PENDING AT THE END OF THE
e. REPORTING PERIOD
7
7
209
29.86
0
0
0
0.00
3
3
44
14.67
0
0
0
0.00
4
4
165
41.25
0
0
0
0.00
. INTENTIONALLY LEFT BLANK
EEOC FORM 462 (REVISED MARCH 2006)
PIM 7
Approved for Release: 2022/03/31 C06803279
Approved for Release: 2022/03/31 C06803279
UNCLASSIFED
of a finding of discrimination, we did settle some cases. In FY 2010, there were two
settlement n FY 2009, CIA had five settlements
These amounts do not include settlements paid at the hearing stage.
Continuing a five-year trend, race, sex, reprisal, and disability
were the leading bases for the CIA's EEO complaints in FY 2010.
During the past two years, the CIA has implemented several changes to enhance
its EEO/Diversity program. In July 2010, we created a new Employee Resource Center
(ERC). The ERC combines the offices and/or components of EEO, Diversity, Alternative
Dispute Resolution, Grievance, and Recruitment Outreach into one corporate center, in
an effort to more effectively address key EEO and Diversity issues.
CIA continues to focus on educating the workforce on diversity and fairness
issues. We implemented several programs that promoted workforce inclusiveness and
appreciation for cultural and individual differences. These programs include a mandatory
multi-cultural course, an online No FEAR Act course, and workshops on a range of
issues such as Women and Success and a Harassment Free Workplace. CIA continues its
efforts with such initiatives as implementing the recommendations of the Workplace
Dynamics Initiative, the Leadership Development Program, the CIA Mentoring Program,
and training for managers who supervise disabled employees.
CIA strengthened outreach efforts through our "Advice Only" program,
encouraging managers and employees to seek advice on EEO-related issues without
officially entering the EEO process. Under this program, in FY 2010, 402 staff members
sought the advice of an EEO counselor, a dramatic increase over 209 in FY 2009.
CIA takes its responsibility seriously to provide a workplace that is free from
discrimination and harassment, and we continue to seek new and innovative ways to
improve diversity and fairness at the Central Intelligence Agency.
2
UNCLASSIFED
Approved for Release: 2022/03/31 C06803279
Approved for Release: 2022/03/31 C06803279
� ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30114)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
PART XI - SUMMARY OF ADR PROGRAM ACTIVITIES
FORMAL PHASE
A. INTENTIONALLY LEFT BLANK
B. ADR ACTIONS IN COMPLAINT CLOSURES
COMPLAINTS
COMPLAINANTS
1 ADR OFFERED BY AGENCY
2. REJECTED BY COMPLAINANT
3. INTENTIONALLY LEFT BLANK
4. - TOTAL ACCEPTED INTO ADR PROGRAM
0
0
0
0
1111.1MIIIIME
uppiggimli
0
0
C. ADR RESOURCES USED IN COMPLAINT CLOSURES (TOTALS)
0
0
1 INHOUSE
2. ANOTHER FEDERAL AGENCY
3. PRIVATE ORGANIZATIONS, (e.g., CONTRACTORS,
BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS
OR COLLEGE/UNIVERSITY PERSONNEL)
4. MULTIPLE RESOURCES USED (Please specify in a comment box)
5. FEDERAL EXECUTIVE BOARD
6. 0 . .
7. 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
_ ..
COMPLAINTS
COMPLAINANTS
DAYS
AVERAGE DAYS
_ 1
D. ADR TECHNIQUES USED IN COMPLAINT CLOSURES (TOTALS)
0
0
0
0.00
1. MEDIATION
2. SETTLEMENT CONFERENCES
3. EARLY NEUTRAL EVALUATIONS
4. FACTFINDING
5. FACILITATION
6. OMBUDSMAN
7. MINI-TRIALS
8. PEER REVIEW
9. MULTIPLE TECHNIQUES USED (Please specify In a comment box)
10. 0 �0
ii. 0
12. 0
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0.00
0
0
0
0.00
0
0
0
0.00
E. STATUS OF CASES IN COMPLAINT CLOSURES
COMPLAINTS
COMPLAINANTS
DAYS
AVERAGE DAYS
1. TOTAL CLOSED
a. SETTLEMENTS VV1TH BENEFITS (Monetary And Flon-rronetary)
b. VVITHDRAWAL FROM EEO PROCESS
C. NO RESOLUTION
d. NO ADR ATTEMPT
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
2: INTENTIONALLY LEFT BLANK
1 ST
.
F. BENEFITS RECEIVED
COMPLAINTS
COMPLAINANTS
1. MONETARY (INSERT TOTALS)
0
0
a. COMPENSATORY DAMAGES
0
0
b. BACKPAY/FRONTPAY
0
0
C. LUMP SUM
0
0
d. ATTORNEY FEES AND COSTS
e. 0
8
8
f. 0
0
0'
9. n_
o
0
2. NON-MONETARY (INSERT TOTALS)
0
0
a. HIRES
0
0
i. RETROACTIVE
� 0
0
it. NON-RETROACTIVE
0
0
b. PROMOTIONS
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I. RETROACTIVE
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c. EXPUNGEMENTS
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d. REASSIGNMENTS
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ii. VOLUNTARY RESIGNATION �
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f. ACCOMMODATIONS
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g. TRAINING
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j. PERFORMANCE EVALUATION MODIFIED
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k. LEAVE RESTORED
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1. 0
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m. 0
0
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EEOC FORM 402 (REVISED MARCH 2009)
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ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2010
.PART XII - SUMMARY OF EEO ADR PROGRAM ACTIVITIES
EEO ADR RESOURCES
A. NO LONGER COLLECTED
B. EMPLOYEES THAT CAN PARTICIPATE IN EEO ADR
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C. RESOURCES THAT MANAGE ADR PROGRAM (DOES NOT
INCLUDE NEUTRALS AS REPORTED IN PARTS X. & XI.)
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1. IN-HOUSE FULL TIME (40 HOURS EEO ADR ONLY)
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2. IN-HOUSE PART TIME (32 HOURS EEO ADR ONLY)
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3. IN-HOUSE COLLATERAL DUTY (OTHERS/NON-CONTRACT)
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4. CONTRACT (ANOTHER FEDERAL AGENCY/PRIVATE ORGANIZATIONS)
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D. ADR FUNDING SPENT
E. ADR CONTACT INFORMATION
1. NAME OF ADR PROGRAM DIRECTOR / MANAGER
2 TITLE Ombudsman
. �
3. TELEPHONE NUMBER
4.EMAIL N/A
F. ADR PROGRAM INFORMATION
YES
NO
1. Does the agency require the alleged responsible management official to participate in ADR?
X
la. If yes, is there a written policy requiring the participation?
2. Does the alleged responsible management official have a role in deciding if the case is appropriate for ADR?
X
CERTIFICATION AND CONTACT INFORMATION
I certify that the EEO complaint data contained in this report, EEOC Form 462, Annual Federal Equal Employment Opportunity Statistical
Report of Discrimination Complaints, for the reporting period October 1, through September 30, 2010 are accurate and complete.
NAME AND TITLE OF CERTIFYING OFFICIAL:
Director of �EEO .
SIGNATURE OF CERTIFYING OFFICIAL: (Enter
PIN here to serve as your electron c signature)
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DATE: 11/4/201.0 TELEPHONE NUMBER:
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NAME AND TITLE OF PREPARER
Paralegal
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DATE, 11/4/2010 TELEPHONE NUMBER:
E-MAIL
The FY 2010 report (with the PIN entered) is due on or before November 1,2010.
EEOC FORM 462 (REVISED MARCH 2010)
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Appendix A - Comments
AGENCY: Central Intelligence Agency - YEAR: 2010
Part 1
CIA - I.A - Counselings - We had several new counselors who did not understand the 90 day deadline for counseling. The new counselors have now been trained
on this issue.
Part 2
CIA - II.A - Last year CIA had an ending balance of 29 and that should have been our starting balance. However, we had five class action complaints that were
being held in abeyance as we waited for whether they would be satisfied and they were not included in this balance. These case were not certified and were placed
back in the system for individual processing and so they needed to be included in our total. Our understanding was that these cases were to be excluded from the 462
while they were held in abeyance. We also had two cases on appeal that were not added to the inventory but should have been. Thus, this. explains the difference of
7 between last years ending balance and this years beginning balance.
Part 6
CIA - VI.B Ave Days - The days exceed 400 because we had two cases where their was an amendment and a mutual agreement by the parties to extend for an
additional 90 days.
Part 8
CIA - VIII.A.3 Pending Oldest Case -
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CIA - XII.B Employees participate in ADR -The contract is with an I nvidividual Contractor (IC) who provides indepenent consultatons and informal counsel as the
Agency Ombudsman, performing casework on issues requiring independent assessment of concerns and issues raised by Agency employees. Consulting time will
comprise time spent counseling employees and interviewing parties involved with employee concerns and general problems. In addition, the IC serves as the Program
Manager for the Alternative Dispute Resolution Program, which includes: (1) reviewing cases -both EEO and non-EEO; (2) identifying mediators;(3) identifying
appropriate parties for the mediation; (4) educating managers and employees on ADR; (5) establishing peformance measures; and (6) provide quarterly reports on the
program.
CIA - XII.F.1 Agency require mgmt participate in ADR - Select No - The Agency does not require a specific manager to attend the ADR session. Rather, it ensures
that a manager who has the ability and authority to resolve the case is present.
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THE DIRECTOR
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Statement from the Director:
Zero Tolerance for Harassment and Discrimination
The Central Intelligence Agency can only be as strong and as good as its people. This
organization, the servant of a democracy, must embody and reflect the highest values of
that democracy. CIA has zero tolerance for harassment or discrimination on the basis of
race, religion, color, sex, national origin, age, disability, sexual orientation, or status as a
parent. That is both a legal obligation and a civic duty. For me, public service in
America is inseparable from the promotion of equal opportunity.
I view the Agency's Office of Equal Employment Opportunity as a strong resource, a
reservoir of advice and expertise, in fostering the best possible work environment. Make
use of the knowledge and talent there. As always, if any employee encounters or
witnesses behavior that may cross the line into harassment or discrimination, they, too,
should contact OEEO. They can do so secure in the knowledge that the Agency�and the
law�shields them from reprisal.
I will hold managers at every level accountable for the working environment in the units
they lead. You have a right to expect that. But every Agency employee�supervisor and
non-supervisor alike�has a shared responsibility to ensure that CIA is an equitable,
harassment-free place in which to serve, grow, and excel.
We must all strive to build and sustain a workplace worthy of our mission. Our
awareness of that duty must guide�among other actions�the complete range of
management decisions, from hiring and training to assignments, promotion, and career
development. If CIA is to be at its best in safeguarding America, a difficult job in a
dangerous world, we need to get the most from all our officers. We need them to reach
their full potential.
By being true to these policies, we demonstrate the values that shape our nation and
inspire our service. They are central to our identity as an Agency and to our effectiveness
in protecting the American people.
Leon E. Panetta
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UNCLASSIFED
No FEAR Act Annual Report for Fiscal Year 2010
Executive Summary
The No FEAR Act, signed by President George W. Bush on 15 May 2002, is
intended to reduce the incidence of workplace discrimination within the Federal
Government by making agencies and departments more accountable for their actions.
Section 203 of the No FEAR Act specifically requires, not later than 180 days after the
end of each fiscal year, each Federal agency to submit to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform of the House
of Representatives, each committee of Congress with jurisdiction relating to the agency,
the Equal Employment Opportunity Commission, and the Attorney General an annual
report with specific information relating to each agency's Equal Employment
Opportunity (EEO) complaints activity. The Central Intelligence Agency (CIA) fully
endorses, and intends to comply with, the intent of the No FEAR Act, and in accordance
submits its annual report covering the fiscal year (FY) 2010.
CIA adheres to the provisions of Federal EEO laws and regulations to provide
equal opportunity in employment for all persons; to prohibit discrimination on the basis
of federally-protected categories�that is, age (40 and over), color, disability, national
origin, race, religion, sex, and reprisal for opposing employment discrimination and/or
for participating in the EEO process�and on the basis of other categories, such as sexual
orientation, marital status, status as a parent, and political affiliation as protected by
Executive Order or written CIA policy; and to promote the full realization of EEO.'
CIA processed 33 formal complaints in FY 2010 and 21 in FY 2009. The number
of formal complaints in FY 2010 showed an increase from the five-year trend of
approximately 20 complaints per year. We will monitor to see if this is a new trend
requiring adjustment of our current practices or a one-year anomaly.
There was not a single finding of discrimination in the past two years; therefore,
no employees were disciplined as a result of an EEO formal complaint. CIA has a Zero
Tolerance Policy for discrimination and harassment, which is intended to hold employees
to a higher standard than required by Federal law. We have disciplined employees for
violating this Zero Tolerance Policy. Thirteen employees were disciplined under this
policy in FY 2010 and 26 employees in FY 2009. The discipline ranged from oral
warnings to removal from position. Although CIA did not pay any judgments as a result
The No FEAR Act is codified in the Merit Systems Protection Act (MSPA). Pursuant to 5 U.S.C. �
2302(a) (2) (C), the Central Intelligence Agency is exempted from the MSPA. Nevertheless, CIA is subject
to certain provisions of law specified in section 202 of the No FEAR Act found under � 2302(d) of the
MSPA. These include the Civil Rights Act of 1964, the Age Discrimination Act of 1967, the Fair Labor
Standards Act of 1938, the Rehabilitation Act of 1973, and all other applicable laws, rules, or regulations
prohibiting discrimination on the bases of marital status or political affiliation. The CIA, however, is not
subject to �2302(b) of the whistleblower statutes based on its exemption.
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of a finding of discrimination, we did settle some cases. In FY 2010, there were two
settlements in FY 2009, CIA had five settlements
These amounts do not include settlements paid at the hearing stage.
Continuing a five-year trend, race, sex, reprisal, and disability
were the leading bases for the CIA's EEO complaints in FY 2010.
During the past two years, the CIA has implemented several changes to enhance
its EEO/Diversity program. In July 2010, we created a new Employee Resource Center
(ERC). The ERC combines the offices and/or components of EEO, Diversity, Alternative
Dispute Resolution, Grievance, and Recruitment Outreach into one corporate center, in
an effort to more effectively address key EEO and Diversity issues.
CIA continues to focus on educating the workforce on diversity and fairness
issues. We implemented several programs that promoted workforce inclusiveness and
appreciation for cultural and individual differences. These programs include a mandatory
multi-cultural course, an online No FEAR Act course, and workshops on a range of
issues such as Women and Success and a Harassment Free Workplace. CIA continues its
efforts with such initiatives as implementing the recommendations of the Workplace
Dynamics Initiative, the Leadership Development Program, the CIA Mentoring Program,
and training for managers who supervise disabled employees.
CIA strengthened outreach efforts through our "Advice Only" program,
encouraging managers and employees to seek advice on EEO-related issues without
officially entering the EEO process. Under this prop-am, in FY 2010, 402 staff members
sought the advice of an EEO counselor, a dramatic increase over 209 in FY 2009.
CIA takes its responsibility seriously to provide a workplace that is free from
discrimination and harassment, and we continue to seek new and innovative ways to
improve diversity and fairness at the Central Intelligence Agency.
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