No FEAR Act Data Report for October 1, 2003, through September 30, 2004

Notification and Federal Employee Antidiscrimination and Retaliation Act Report For Fiscal Year 2004

Report for October 1, 2003, through September 30, 2004

Pension Benefit Guaranty Corporation

1. Basic Information: Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 requires agencies to post certain statistical information on their public Web sites concerning complaints of employment discrimination filed under Equal Employment Opportunity Commission regulations. The data in this Report complies with the Act.
2. Contact Information: Equal Employment Opportunity Office, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101, (202) 229-4000 x3345.
3. Definitions of Terms Used in this Report
   
   • Informal Complaint: A complaint of alleged discrimination that results in equal employment opportunity counselor contact no more than 45 calendar days following an alleged discriminatory event or action.
   • Counseling: The period of the informal complaint process, normally not to exceed 90 calendar days, where an equal employment opportunity counselor inquires as to the basic facts of what has been alleged and attempts to resolve the complaint informally.
   • Formal Complaint: A complaint of alleged discrimination that is filed no more than 15 calendar days following the completion of the informal complaint process.
   • Investigation: The phase of the Formal Complaint process where a trained investigator conducts the formal gathering of facts and information, obtains signed affidavits, and prepares an investigative report.
   • Hearing: The phase of the process following the investigation, where the complainant has elected to have a judicial hearing before an Equal Employment Opportunity Commission Administrative Judge.
   • Appeal: The phase of the process where the complainant has elected to contest a decision on his or her complaint by the filing of an appeal of the Administrative Judge's decision or other final agency action with the Equal Employment Opportunity Commission's Office of Federal Operations.
   • Final Agency Action: The phase of the process where the agency's Equal Employment Opportunity Office notifies the complainant that a decision has been rendered on his or her complaint. The complainant also is notified of his or her appeal rights.
   • Issue: The issue of a complaint is the factual matter about which the individual is complaining. The issue sets forth the alleged discriminatory incident for which the individual seeks redress.
   • Basis: The basis of the complaint is the discriminatory factor that is protected by the statute under which the complaint is filed. The bases protected by the civil rights employment statutes are race, color, religion, national origin, sex, disability, age and reprisal.
   • Fiscal Year for this Report: The period between October 1, 2003, and September 30, 2004.
   • Repeat Filer: An individual who has filed more than one complaint within a fiscal year.
   • Individual Filer: An individual who has filed one complaint during a fiscal year.

4. Complaints Filed for the Period covered by this Report
   
   • 1. Number of Complaints Filed: 11
   • 2. Number of Individual Filers: 6
   • 3. Number of Repeat Filers: 4
   • 4. Number of those complaints filed in which each of the following bases of alleged discrimination was raised:*

   • Basis	No. of Occurrences
     Age	0
     Color	2
     Disability	0
     National Origin	2
     Race	6
     Religion	1
     Reprisal	11
     Sex	7
     Non-EEO Basis	0

   • *More than one basis may be stated in a complaint. The total number of occurrences therefore may exceed the total number of complaints filed.

5. Number of those complaints in which each of the following issues of alleged discrimination was raised:
   

   • Issue	Number of Occurrences
     Appointment/Hire	0
     Assignment of Duties	4
     Awards	0
     Disciplinary Act-Other	2
     Disciplinary Act-Suspension	0
     Disciplinary Act-Termination	0
     Equal Pay Act Violation	0
     Evaluation/Appraisal	2
     Harassment-Nonsexual	5
     Harassment-Sexual	0
     Others	0
     Performance Improvement Plan (PIP)	0
     Promotion/Non-Selection	3
     Reassignment-Directed	0
     Reassignment-Denied	0
     Retirement	0
     Terms/Conditions of Employment	5
     Time and Attendance	2
     Training	2

1. Average length of time to complete Counseling, Investigation and Final Agency Action Stages:*

2. 	Counseling (Avg. days)	Investigation (Avg. days)	Final AgencyAction (Avg. days)
   6. All complaints pending for any length of time	108	241	88
   7. All complaints pending for any length of time in which a hearing was not requested	108	274	94
   8. All complaints pending for any length of time in which a hearing was requested	109	199	45

3. *Formal Complaints where counseling or investigation or final agency action were ongoing as of the close of the reporting period were not included in this Report as to the particular ongoing item.

9. Number of complaints dismissed: 6
   
   • 9.a. Average length of time such complaints were pending prior to dismissal: 91 days

10. Total number of findings with discrimination in this fiscal year: 0*
    

    • 	Number of Actions	Percentage
      10.a. Number of Final Agency Actions involving a finding of discrimination without a hearing	0	0%
      10.b. Number of Final Agency Actions involving a finding of discrimination following a hearing	0	0%

*PBGC received a preliminary decision in an arbitration hearing under its collective bargaining agreement that found that the agency did not provide an employee with a reasonable accommodation under the Rehabilitation Act. PBGC is of the view that the arbitrator erred as a matter of law in deciding that the employee is a qualified individual with a disability and that the agency did not provide the employee with a reasonable accommodation. The proceeding is entering the remedy phase. Once the decision becomes final it will be appealed.