EEO Regulation/Laws/Executive Order

Affirmative Action Plan

Management Directive 715

No Fear Act

DCSA Equal Employment Opportunity Data Posted Pursuant to No Fear Act

The following report, as required by Title III, Section 301 of the No Fear Act, is the summary statistical data relating to equal employment opportunity complaints filed with the Defense Counterintelligence and Security Agency (DCSA) by employees and/or former employees of, or applicants for employment with DCSA for the completed quarters of the current Fiscal Year, as well as Fiscal Years 2001 through Fiscal Year 2005.

About No FEAR Act Data

The Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (No Fear Act), (Public Law No. 107-174) was passed by both houses of Congress and was signed into law by President Bush May 15, 2002.

No Fear Act became effective on October 1, 2003.

The intent of the Act is to help ensure that Federal agencies:

Pay more attention to their EEO and whistleblower activities
Act more expeditiously to resolve complaints at the administrative level when it is appropriate to do so.

In addition, the No Fear Act requires Federal agencies to:

Notify employees and applicants for employment about their rights under the discrimination and whistleblower laws;
Post statistical data relating to Federal sector equal employment opportunity complaints on its public website;
Ensure that their managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;
Conduct studies on the trends and causes of complaints of discrimination;
Implement new measures to improve the complaint process and the work environment;
Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal;
Reimburse the Judgment Fund for any discrimination and whistleblower related settlements or judgments reach in Federal court; and,

Produce annual reports of status and progress to Congress, the Attorney General and the U.S. Equal Employment Commission.

No Fear Act Data

Title 29, Code of Federal Regulations, Section 1614, governs the EEO process. As of November 1999, Part 1614 of the federal sector equal employment opportunity complaint processing regulations was revised to make the procedures for processing complaints more effective. This revised regulation requires all federal agencies for the first time to establish or make available Alternative Dispute Resolution programs. The counseling process and the procedures for requesting a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ) are also revised. AJs now have the authority to dismiss complaints and issue decisions on complaints when a hearing is requested. The revised regulation also includes changes to the class complaint procedures, appeal procedures, and attorney's fees provisions.

1. Title VII of the Civil Rights Act of 1964 (as amended)

This was one of the first laws designed to fight discrimination. This law made it illegal for employers to deny anyone a job on the bases of race, color, religion, sex age, sexual identity or national origin. It also prohibited discrimination in firing, promotion, training and other privileges of employment. The Act was amended in 1972 by the Equal Employment Opportunity Commission to extend coverage to federal employees. It was again amended in 1991 to include the right for complainants to have a jury trial and to obtain compensatory damages.

2. Age Discrimination in Employment Act (ADEA)

This law was passed in 1967 and specifically prohibited discrimination in employment based on age (40 years or older). The ADEA also allows a person alleging age discrimination to have the option to either: (1) seek resolution through the EEO complaint process; or, (2) file a civil action in district court. If the EEO Complaint process is elected, all administrative remedies must be exhausted before a complainant can file a suit in US District Court.

3. Equal Pay Act (EPA)

This law was enacted in 1963. It prohibited different rates of pay for men and women doing similar work provided that there would be equal pay for similar work (similar effort, similar skill, similar responsibility, and similar working conditions).

4. Rehabilitation Act (as amended)

The "Rehab" Act was enacted in 1973. It prohibits discrimination due to a physical or mental disability. It further requires agencies to make reasonable accommodations for known physical or mental limitations of a qualified disabled applicant or employee, with some exceptions. For further information about disability, reasonable accommodation and the Rehabilitation Act, see Diversity Team.

Executive Order No. 11478 (1998) was signed by the President on May 28, 1998 to prohibit discrimination based on sexual orientation. Note: Until this Executive Order is implemented into law by Congress, the Agency is responsible for issuing a final decision and the complainant has no EEOC privileges (hearings or appeals).

Whistleblower Protection