Equal Employment Opportunity Data Posted Pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), P.L. 107-174, and Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, H.R. 6395, Title XI, Subtitle B (Sections 1131-1138)
On May 15, 2002, President Bush signed the Notification and Federal Employee Anti-discrimination and Retaliation Act (No FEAR Act), which increases Federal agency accountability for acts of discrimination or reprisal against employees. This act, which took effect on October 1, 2003, makes Federal agencies individually accountable for violations of anti-discrimination and whistleblower protection laws. On January 1, 2021, lawmakers passed EEO reforms aptly called the Elijah Cummings Federal Employee Antidiscrimination Act of 2020 as part of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. The law amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, signed by George W. Bush. It also strengthens Federal anti-discrimination laws U. S. Equal Employment Opportunity Commission's (EEOC) enforces and expands accountability within the Federal Government by:
- Posting of EEO complaint data on the Internet. Each Federal agency must post on its public web site certain summary statistical data relating to equal opportunity complaints filed against the agency.
- The agency must post data for the current fiscal year on a cumulative basis (year-to-date information), updated quarterly.
- An agency also must post year-end data for the five previous fiscal years for comparison purposes. In addition, section 302 of the No Fear Act requires the Equal Employment Opportunity Commission (EEOC) to post government-wide, summary statistical data pertaining to hearings requested under 29 C.F.R. Part 1614 and appeals filed with EEOC.
- The posting of EEO data on agency public web sites is intended to assist Congress, Federal agencies and the public to assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities.
- Reporting on disciplinary actions related to findings of discrimination, including retaliation. Agencies are to report on such events via an online posting (within 90 days of such finding) and via a written report to the EEOC (within 120 days of such finding).
- Establishing a model Equal Employment Opportunity Program independent of either their Offices of Human Capital or Office of General Counsel or equivalent.
- Restricting nondisclosure agreements from prohibiting or restricting personnel from disclosing whistleblower information.
- The amended law also reinforces the need for the EEOC to comply with its established Memorandum of Understanding (MOU) with the Office of Special Counsel (OSC). The MOU states: "The EEOC shall refer to OSC for potential OSC enforcement action cases in which the EEOC finds that an agency or an officer or employee thereof has discriminated against any employee or applicant for employment in violation of section 717 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-16)."
Data Source: I-Trak Complaints Management System (ICMS)