Notification and Federal Employee Antidiscrimination and Retaliation Act Report For Fiscal Year 2005
Report for October 1, 2004, through September 30, 2005
Pension Benefit Guaranty Corporation
- 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.
- Contact Information: Equal Employment Opportunity Office, Room 10801, Pension Benefit Guaranty Corporation, 1200 K Street, NW, Washington, DC 20005, (202) 229-4000 x3345.
- Definitions of Terms Used in this Report
- Informal Complaint: A complaint of alleged discrimination that resuts 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, 2004, and September 30, 2005.
- 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.
- Complaints Filed for the Period covered by this Report
- 1. Number of Complaints Filed: 15
- 2. Number of Individual Filers: 13
- 3. Number of Repeat Filers: 2
- 4. Number of those complaints filed in which each of the following bases of alleged discrimination was raised:*
Basis No. of Occurrences Age 8 Color 5 Disability 3 National Origin 1 Race 10 Religion 1 Reprisal 8 Sex 10 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 iscrimination was raised:
Issue Number of Occurrences Appointment/Hire 0 Assignment of Duties 3 Awards 1 Disciplinary Act-Other 1 Disciplinary Act-Suspension 1 Disciplinary Act-Termination 0 Equal Pay Act Violation 1 Evaluation/Appraisal 1 Harassment-Nonsexual 1 Harassment-Sexual 1 Medical Examination 1 Others 4 Promotion/Non-Selection 6 Reasonable Accommodation 1 Reassignment-Directed 1 Reassignment-Denied 2 Retirement 1 Terms/Conditions of Employment 1 Time and Attendance 2 Training 1
- Average length of time to complete Counseling, Investigation and Final Agency Action Stages:*
Counseling (Avg. days) Investigation (Avg. days) Final Agency Action (Avg. days) 6. All complaints pending for any length of time 92 354 132 7. All complaints pending for any length of time in which a hearing was not requested 94 244 146 8. All complaints pending for any length of time in which a hearing was requested 82 360 98
- *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.
- Number of complaints dismissed: 2
- 9(a). Average length of time such complaints were pending prior to dismissal: 81 days
- 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%
- Of the Total Number of Final Agency Actions rendered, basis involved in those actions in which discrimination was found:
Basis Without Hearing (Number) Without Hearing (Percent) After Hearing (Number) After Hearing (Percent) Age 0 0% 0 0% Color 0 0% 0 0% Disability 0 0% 0 0% National Origin 0 0% 0 0% Race 0 0% 0 0% Religion 0 0% 0 0% Reprisal 0 0% 0 0% Sex 0 0% 0 0% Non EEO Basis 0 0% 0 0% Total 0 0% 0 0%
- Of the Total Number of Final Agency Actions rendered, issue(s) involved in those actions in which discrimination was found:
Issue Without Hearing (No.) Without Hearing (Percent) After Hearing (No.) After Hearing (Percent) Appointment/Hire 0 0% 0 0% Assignment of Duties 0 0% 0 0% Awards 0 0% 0 0% Disciplinary Act-Other 0 0% 0 0% Disciplinary Act-Suspension 0 0% 0 0% Disciplinary Act-Termination 0 0% 0 0% Equal Pay Act Violation 0 0% 0 0% Evaluation/Appraisal 0 0% 0 0% Harassment-Nonsexual 0 0% 0 0% Harassment-Sexual 0 0% 0 0% Medical Examination 0 0% 0 0% Others 0 0% 0 0% Promotion/Non-Selection 0 0% 0 0% Reasonable Accommodation 0 0% 0 0% Reassignment-Directed 0 0% 0 0% Reassignment-Denied 0 0% 0 0% Retirement 0 0% 0 0% Terms/Conditions of Employment 0 0% 0 0% Time and Attendance 0 0% 0 0% Training 0 0% 0 0% Total 0 0% 0 0%
- Total number of complaints pending for any length of time during Fiscal Year 2005: 31
- 13(a). Number of complaints in item 13 first filed before Fiscal Year 2005: 16
- 13(b). Number of individuals who filed complaints in item 13 prior to or during Fiscal Year 2005: 19
- 13(c). Number of complaints in item 13 respectively pending at the following steps of the complaint process:
Investigation Hearing Final Agency Action Appeal 17 3 3 0
- 13(d). Of the total number of complaints pending for the period covered by this report, the total number of complaints in which the agency has not completed its investigation within the required 180 days: 20
- 13(e). Of the total number of complaints pending for the period covered by this report, the total number of complaints in which the agency has not completed its investigation within the required 360 days: 8