NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 ANNUAL REPORT FOR THE FISCAL YEARS 2007 AND 2006

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06803274
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RIPPUB
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U
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23
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July 11, 2023
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May 2, 2022
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F-2014-00260
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January 1, 2007
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Approved for Release: 2022/03/31 C06803274 Central Intelligence Agency Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 Annual Report for the Fiscal Years 2007 and 2006 0 EQUAL EMPLOYMENT OPPOR UNITY Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 No FEAR Act's Annual Report for the Fiscal Years 2007 and 2006 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 or Agency) fully endorses, and intends to comply with, the intent of the No FEAR Act and in accordance submits its annual report for the fiscal years (FY) 2007 and 2006. The 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 Agency policy; and to promote the full realization of EEO.' Over the last several years, the Agency has had relatively few formal complaints, which CIA leadership believes reflects the emphasis that CIA has placed on EEO/Diversity policies and practices. In FY 2007, the Agency had 24 formal complaints and 12 in FY 2006. Yet, even with the rise in 2007, the Agency is still well below the industry average.2 It should be further noted that the Agency is pleased by this upward swing given that it is likely the result of the intentional emphasis placed on the EEO office as a critical resource in the success of the Agency's mission. Any officer, who is 1 The No FEAR Act is codified in the Merit Systems Protection Act (MSPA). Pursuant to 5 U.S.C. � 2302(a) (2) (C), the Agency is exempted from the MSPA. Nevertheless, the Agency is subject to certain provisions of law specified in section 202 of the No Fear Act found under Section 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 law, rule or regulation prohibiting discrimination on the basis of marital status or political affiliation. The Agency, however, is not subject to section 2302(b) whistleblower statutes based on its exemption. 2 Based on industry standards, less than 30 formal complaints per year is considered extremely low for any mid to large size Federal agency. Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 troubled by an issue of unfairness related to EEO, even if the issue is only one of perception, cannot truly be focused on his or her mission until that issue is resolved. Thus, it becomes crucial that officers feel empowered to be agents of change by bringing both real and perceived EEO issues to the Agency's attention without fear of reprisal. It is important to note that while the Agency's complaint numbers doubled there was not a single finding of discrimination in 2007 or 2006. The Agency attributes its great statistics to the fact that the Agency has made a commitment from the highest level of management with regard to EEO and Diversity, to include having two senior officers overseeing these important areas. The Director of OEEO and the Special Assistant to the Director of CIA (DCIA) for Diversity Plans and Programs (DPP) both report to the DCIA and serve as advisors on various senior�level boards This allows the Agency's senior leadership to profit from expert EEO and Diversity advice, which in turn minimizes the risk of implementing programs that are discriminatory. The CIA consistently has taken a pro-active approach with regard to identifying and eliminating barriers that typically lead to EEO complaints. In FY 2007 and 2006, the Agency implemented several programs that promoted workforce inclusiveness and appreciation for cultural and individual differences. These programs included: No Fear Training, Diversity Leadership Working Group, Diversity Learning Summit, Leadership Development Program, the Diversity Leadership Speakers Series, Agency Mentoring program, training for managers who supervise disabled employees, and engagement with senior leadership by DPP and ()EEO staffs on various EEO and Diversity programs. The Agency also believes that early intervention has played a significant role in the Agency's EEO success. For several years the Agency has instituted a policy of "Advice Onlys." This is an opportunity for an employee to seek advice from the ()EEO staff without officially being in the EEO process. Employees are clearly notified that "Advice Onlys" do not trigger the official EEO process and therefore do not stop the 45 day time requirement to contact an EEO counselor required by the Equal Employment Opportunity Commission (EEOC). Employees must complete an "Intent to Begin Processing" form to officially enter the EEO process. The concept of "Advice Onlys" has prompted employees to seek EEO advice sooner, which places the employee in a better position to favorably resolve a case without it reaching the formal complaint stage. In addition, the training that CIA provides to management has resulted in managers seeking ()EEO guidance issues rather than making uneducated and rash decisions. Again, this type of interaction with management places the CIA in a better position to avoid issues that lead to litigation. For those employees who have filed a formal complaint, the CIA OEEO has worked hard to ensure that their complaints are handled expeditiously. In FY 2007 and 2006, there were no complaints that exceeded required time frames for counseling and investigations. 2 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Sex, reprisal and disability were the leading bases for the CIA's EEO complaints in 2007 and 2006. The Agency is closely monitoring sex cases as they increased from 6 in 2006 to 11 in 2007. The Agency believes that the newly created Leadership Development Program will provide more resources to better identify management, training, and promotional issues that face women and minorities. The Agency is also developing an initiative to provide an EEO check-up to newly promoted GS-13 officers as another tool to help identify where women, and minorities, may be disengaging from leadership and growth opportunities. The Agency is also monitoring reprisal cases as they increased from 3 in FY 2006 to 7 in FY 2007. In addition to emphasizing and advertising EEO programs, the Agency is also initiating a program where senior officers will participate in a mandatory strategy session on ways to eliminate the perception of reprisal that some officers hold. All of these initiatives are aimed at having a more educated workforce on EEO/Diversity issues, which will help the Agency continue its success in having no findings of discrimination. For FY 2007 and 2006, there were no employees that were disciplined based upon a finding of discrimination resulting from an EEO complaint. The Agency, however, does have a Zero Tolerance Harassment policy. This policy is intended to hold employees to a higher standard than required by law. Thus, the Agency has disciplined employees for violating the CIA's Zero Tolerance Policy. In FY 2007, 5 employees were disciplined and 8 employees in FY 2006. The discipline ranged from oral warnings to letters of reprimand. It is Agency policy for management to consult with CIA �EEO on such cases to ensure equitable and consistent treatment across the Agency. For FY 2007 and FY 2006, there were no judgments that the Agency paid as a result of a finding of discrimination. For FY 2007, there were no monetary settlements. In FY 2006, the Agency had 3 settlements The CIA takes seriously its responsibility to provide a workplace that is free from discrimination and harassment and will continue to seek ways to improve in the area of EEO and diversity. Michael J. More11 3 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Complaint Activity Comparative Data Previous Fiscal Year Data 2003 2004 2005 2006 2007 Number of Complaints Filed 13 14 21 12 24 Number of Complainants 12 14 21 11 23 Repeat Filers 1 0 0 1 2 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. 2003 2004 2005 2006 2007 Race 19 10 7 2 5 Color 0 1 1 0 1 Religion 0 2 2 1 3 Reprisal 20 6 5 3 7 Sex 20 15 12 6 11 National Origin 4 4 1 1 4 Equal Pay Act 0 0 0 0 0 Age 27 12 5 4 4 Disability 2 0 1 6 7 Non-EEO 0 0 0 0 0 Complaints by Issue Comparative Data Previous Fiscal Year Data Note: Complaints can be filed alleging multiple issues. The sum of the issues may not equal total complaints filed. 2003 2004 2005 2006 2007 Appointment/Hire 3 . 5 1 4 0 Assignment of Duties 1 3 4 1 9 Awards 0 0 1 1 2 Conversion to Full-time 0 0 0 0 0 Disciplinary Action Demotion � 2 0 0 0 0 Reprimand � 1 7 2 1 0 Removal 1 0 0 0 1 Suspension 0 1 0 0 0 Other 0 0 1 0 1 Duty Hours 1 0 0 0 0 Evaluation Appraisal 1 1 2 0 3 Examination/Test 0 0 0 0 0 Harassment Non-Sexual 7 7 4 9 7 Sexual 0 0 2 1 2 Medical Examination 0 0 0 0 0 Pay (Including Overtime) 0 0 0 0 1 Promotion/Non-Selection 4 4 7 6 8 Reassignment Denied 1 0 1 1 3 Directed 0 0 1 0 1 Reasonable Accommodation 0 0 0 0 1 Reinstatement 0 0 0 0 0 Retirement 0 0 0 0 0 Termination 0 3 2 0 1 Terms/Conditions of Employment 3 11 2 0 Time and Attendance 0 0 0 0 1 Training 2 1 1 2 2 Other 0 4 3 2 0 Processing Time Comparative Data Previous Fiscal Year Data 2003 2004 2005 2006 2007 Complaints pending during fiscal year .,. Average number of days in investigation stage 153 71 112 145 173 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Complaint pending during fiscal year where hearing was re � uested Average number of days in investigation stage Complaint pending during fiscal year where hearing was not requested Average number of days in investigation stage 950 250 826 259 758 897 657 396 ' 296 183 Complaints Dismissed by Agency � Comparative Data Previous Fiscal Year Data 2003 2004 2005. 2006 2007 Total Complaints Dismissed by Aaencv . 4 8 5 4 3 Average days pending prior to dismissal 34 59 31 63 17 Complaints Withdrawn by Complainants Total Complaints Withdrawn by Complainants 1 0 1 2 3 Pending Complaints Filed in Previous Fiscal Years by Status Comparative Data Previous Fiscal Year Data 2003 2004 2005 2006 2007 Total complaints from Previous Fiscal Years 18 12 9 4 3 Total Complainants 14 10 8 4 19 Number complaints pending Investigation 0 0 0 6 12 Hearing 18 12 7 3 6 Final Action ' 0 0 0 2 1 Appeal with EEOC Office of Federal Operations 0 0 2 0 1 Complaint Investigations Comparative Data Previous Fiscal Year Data 2003 2004 2005 2006 2007 Pending Complaints Where Investigations Exceeds Reauired Time Frames 3 1 4 3 0 Approved for Release: 2022/03/31 C06803274 _Approved for Release: 2022/03/31 C06803274 .AL CL/LEVAL CUU/AL CIVIrLOT IVICO1 I urrum I UM I ISTICAL REPORT OF DISCRIMINATION COMPLAINTS (REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH) AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007 PART I - PRE-COMPLAINT COUNSELING EEO COUNSELOR A TOTAL COMPLETED/ENDED COUNSELINGS COUNSELING INDIVIDUALS 30 28 1. COUNSELED WITHIN 30 DAYS 16 14 2. COUNSELED WITHIN 31 TQ 90 DAYS 14 14 a. COUNSELED WITHIN WRITTEN EXTENSION PERIOD NO LONGER THAN 60 DAYS 12 12 b COUNSELED WITHIN 90 DAYS WHERE INDIVIDUAL PARTICIPATED IN ADR 2 2 C, COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY 0 0 3. COUNSELED BEYOND 90 DAYS 0 0 4. COUNSELED DUE TO REMANDS 0 0 ADR INTAKE OFFICER B. TOTAL COMPLETED/ENDED COUNSELINGS COUNSELING INDIVIDUALS 0 0 1. COUNSELED WITHIN 30 DAYS 0 0 2. COUNSELED WITHIN 31 TO 90 DAYS 0 0 a. COUNSELED WITHIN WRITTEN EXTENSION PERIOD NO LONGER THAN 60 DAYS 0 0 b. COUNSELED WITHIN 90 DAYS WHERE INDIVIDUAL PARTICIPATED IN ADR 0 0 C. COUNSELED WITHIN 31.90 DAYS THAl WERE UNTIMELY 0 0 3. COUNSELED BEYOND 90 DAYS 0 4 COUNSELED DUE TO REMANDS 0 0 COMBINED TOTAL C. TOTAL COMPLETED/ENDED COUNSELINGS COUNSELINGS INDIVIDUALS 30 28 1. COUNSELED WITHIN 30 DAYS 16 14 2. COUNSELED WITHIN 31 TO 90 DAYS 14 14 a. COUNSELED WITHIN WRITTEN EXTENSION PERIOD NO LONGER THAN 60 DAYS 12 12 b. COUNSELED WITHIN 90 DAYS WHERE INDIVIDUAL PARTICIPATED IN ADR 2 2 C. COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY 0 3. COUNSELED BEYOND 90 DAYS 4. COUNSELED DUE TO REMANDS 0 D. COUNSELING ACTIVITIES COUNSELINGS INDIVIDUALS 1. ON HAND AT THE BEGINNING OF THE REPORTING PERIOD 0 0 2. INITIATED DURING THE REPORTING PERIOD 36 34 3. COMPLETED/ENDED COUNSELINGS 30 28 a. SETTLEMENTS (MONETARY AND NON-MONETARY) . 0 0 b. WITHDRAWALS/NO COMPLAINT FILED � 6 4 C. COUNSELINGS COMPLETED/ENDED IN REPORTING PERIOD THAT RESULTED IN COMPLAINT FILINGS IN REPORTING' PERIOD 22 22 d. DECISION TO FILE COMPLAINT PENDING AT THE END OF THE REPORTING PERIOD 2 2 4. COUNSELINGS PENDING AT THE END OF THE REPORTING PERIOD 6 6 EEOC FORM .162 (REVISED MAY 7007I Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 1 ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS (REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH) AGENCY OR DEPARTMENT: Central Intenigence Agency REPORTING PERIOD: FY 2007 PART H - FORMAL COMPLAINT ACTIVITIE5. PART III - AGENCY RESOURCES, TRAINING, REPORTING LINE 11 A. COMPLAINTS ON HAND AT THE BEGINNING A. AGENCY & CONTRACT RESOURCES 24 OF THE REPORTING PERIOD B. COMPLAINTS FILED a s4lL :.. ,R, � ,_ AGENCY CONTRACT NUMBER PERCENT NUMBER PERCEN7 1. WORK FORCE VIONSC 2 C. REMANDS a. TOTAL WORK FORCE 0 . b. PERMANENT EMPLOYEES 0 . 2 C.1. REMANDS (NOT INCLUDED IN A. OR B.) 2. COUNSELOR 0 WW1 0 C.2. REMANDS (INCLUDED IN A. OR B.) a. FULL-TIME 0 0.00 0 0.00 37 D. TOTAL COMPLAINTS b. PART-TIME 0 0.00 0 t 0.00 c. COLLATERAL DUTY 0 0.00 o 0.00 37 E. COMPLAINTS IN LINE D THAT WERE NOT CONSOLIDATED 3. INVESTIGATOR 0 VtiMtt 1 16 F. COMPLAINTS IN LINE E CLOSED DURING REPORT PERIOD ' a. FULL-TIME 0 0.00 0 0.00 b. PART-TIME 0 0.00 1 100.00 0 . G. COMPLAINTS IN LINE D THAT WERE CONSOLIDATED c. COLLATERAL DUTY 0 0.00 o 0.00 0 H. COMPLAINTS IN LINE G CLOSED DURING REPORT PERIOD 4. COUNSELOFUINVESTIGATOR 7 ' o a. FULL-TIME 7 100.00 .0 0.00 21 . - I. COMPLAINTS ON HAND AT THE END OF THE b. PART-TIME 0 0.00 0 000 c. COLLATERAL DUTY 0 0.00 0 0.00 � REPORTING PERIOC (Line D - (sum of Lines F-.11)) J. INDIVIDUALS FILING COMPLAINTS B. AGENCY & CONTRACT STAFF TRAINING ' .., , COUNSELORS INVESTIGATORS COUNS/INVESTIG 0 K. NUMBER OF JOINT PROCESSING UNITS FROM AGENCY CON7RACT AGENCY CONTRACT AGENCY CONIRAC1 1. NEW STAFF -TOTAL 0 0 0 0 0 0 CONSOLIDATION OF COMPLAINTS . ' a. STAFF RECEIVING REQUIRED 32 OR MORE HOURS 0 0 0 0 0 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 o 0 1 7 0 a. STAFF RECEIVING REQUIRED 8 OR MORE HOURS 0 0 0 'I I 0 b. STAFF RECEIVING 32 OR MORE HOURS. GENERALLY GIVEN TO NEW STAFF 0 0 0 0 0 o c. STAFF RECEIVING NO TRAINING AT ALL 0 0 0 U U 0 C. REPORTING LINE . � . '':."...A.4.t.i ..P�Y44-. , 4...w, ..^, (b)(3) (b)(6) � 1. DOES THE EEO DIRECTOR REPORT TO THE AGENCY HEAD? YES NO X 2. IF NO, WHO DOES THE EEO DIRECTOR REPORT TO? PERSON: ..;t.,414.i0111... - TITLE: 3. PERSON: TITLE: WHO IS RESPONSIBLE FOR THE DAY-TO-DAY PROGRAM IN YOUR DEPARTMENT/AGENCY/ORGANIZATION? OPERATION OF THE EEO , Director 4 WHO DOES THAT PERSON REPORT TO? PERSON: Michael V. Hayden TITLE: Director of CIA EEOC FORM 462 (REVISED MAY 2007) Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 170V 2 NMI 111111 NM NMI NEI Ell NE 11111 NIS all MN 111111 NMI MINI Ell 11111 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 2007 PART IV - BASES AND ISSUES ALLEGED IN COMPLAINTS FILED ISSUES OF ALLEGED DISCRIMINATION BASES OF ALLEGED DISCRIMINATION RACE COLOR RELIGION REPRISAL SEX NATIONAL ORIGIN EOUAL PAY ACT AGE DISABILITY TOTAL BASES BY ISSUE TOTAL COMPLAINTS BY ISSUE TOTAL CrIAIRLANANTS BY ISSUE AMER. INDIAN. ALASKAN 71�550 ASIAN rAcmc ISLANDER SLACK WtItTE MALE FINALE DISPANI, 011ICR MALE FEMALk. MEN rAL Prtvsurm. A APINIINTMENT.DIRE 0 0 0 0 0 0 0 0 0 0 0 Z,X,1"-er7,`�-:4" V -' r, , ' 1Ft,c4e k ' 0 0 o 0 0 0 D A sm....4p.m. OF nurtrs 0 1 1 0 0 3 0 1 2 1 1 1 0 2 13 9 8 C AWAROS 0 0 0 0 0 0 1 0 1 1 0 1 0 0 4 2 2 0 ',AR:VERSION To FULL TImv. 0 0 0 0 0 0 0 0 n 0 0 \P!` 0 0 0 0 0 0 h. INSCIPITNART Arnnm 0 0 0 0 0 0 0 0 0 0 0 I 1 0 2 1 1 I III MOTION 0 0 0 0 0 o o o o o o 0 0 0 0 0 0 Z. REPRIMANII 0 0 0 0 0 0 0 0 0 0 0 , 0 0 0 0 0 n 1 SIISPLNSION o n 0 0 0 0 0 0 0 0 n 0 0 0 0 0 0 : J REMOVAL 0 0 0 0 0 0 0 0 0 0 0 � 1 1 0 2 1 1 _.,./.- ...Tv., '11,.. , it ,.4'," .,,, i _, 1 , 1 F Mr, 110,113 0 0 0 0 0 0 0 0 0 0 0 _ - l' .1' �;':' o 0 0 0 0 0 0 EVALUATION/APPRAISAL 0 0 1 0 0 o 1 0 �1 1 0 1 0 0 5 3 3 II F.XAMINATIONNKST 0 0 0 a o o o o o o o . t-, . ,.. - � : ,.. 0 o o 0 o o M I NA R ASS IINT 0 0 2 0 1 0 4 0 5 1 0 - - ��� k- 1 1 0 lb 9 9 I NON.SEXI/AL 0 0.,_ 2 9 1 0 3 0 3 1 0 1 1 0 12 7 7 ,,,3.79,�.4,-..kiit.VA:':2' .p., �,,,, . ,, ,,-; , :.;, :,: 2:744,7 -,fi 4:,-;,-.1V, 1 o 2 Aki,,:-.0.4.77,ek..,.. 0 0 ,,:i.e. go-tp,t,,, ' , ., ,.. , , 3 2 2 I mEntrAL P.XAMINA. TIM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 K PAY WU D tn,N rmATImH 0 0 0 0 0 0 0 0 0 1 0 a 1 a , a 0 2 1 1 L ranmorm.NoN.shir.crinN 0 0 1 1 0 0 1 I 1 1 3 0 0 1U 8 8 ..1 REASSICNKIENT 0 0 0 0 0 0 1 0 1 1 0 2 1 0 6 4 4 i DENIED 0 0 0 0 of 0 0 0 0 1 0 . ., ,.�i..t - ''-- ..1,..' 2 1 0 4 3 3 DIRECTED .... 0 Q, 0 0 0 j 0 1 0 1 0 0 0 0 0 2 1 1 t, ,,,,otilk�Alll.t AMmoono,vrioN -.� IA'," -41417 .-'1 . 0 0 r. 774:1-,74,1r..,r-Ne, -4,...,i.f.6!�.4:7;,1.-. x..0 tt, ' ..- . � ' -4 .. , ; 4 4. ,,i, \ I 0 1 1 I n 174,11,11,...er 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 R RETIRKAOINT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I) TPRMINATION 0 0 o o 0 0 1 o I 0 o , 1 , o o o 2 1 I R Tr Rms.c0NnmoNs Of ELIPUIVVPNT 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 S TIME ANf1 Ammon NCF. 0 0 0 0 0 0 0 0 0 1 0 ''' ' 1 0 0 2 1 1 1 TR AIN0.0 0 1 0 0 0 0 1 0 1 0 1 0 0 0 4 2 2 II OTHER Mom opar.D. INFRA I ,., . ir I � . . , , TOTAL IS%11ES BY BASES 0 2 5 .... 1 1 3 ..- 10 2 13 8 3 0 0 12 4 3 1 TOTAL COMPLAINTS FILED BY BASES 0 2 2 1 1 0 7 2 9 1 3 0 0 0 4 3 PITA I. COMPLA IN A MIS TlY RASPS 0 - 2 2 1 1 0 7 2 9 1 3 � � 0 0 0 3 3 , :7,7.; ,7";I � ... ,. EEOG FORM 462 (REVISED MAY 2007) 0494 3 Approved for Release: 2022/03/31 CO6803274 Approved for Release: 2022/03/31 C06803274 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 2007 PART V - SUMMARY OF CLOSURES BY STATUTE A. STATUTE (IF A SINGLE COMPLAINT HAS MULTIPLE STATUTES RECORD EACH ON THE 14 1. TITLE VII . APPROPRIATE LINE.) COMPLAINTS CLOSED. 2 2. AGE DISRIMINATION IN EMPLOYMENT ACT (ADEA) 2 3. REHABILITATION ACT 0 4. EQUAL PAY ACT (EPA) B. TOTAL BY STATUTES 18 THIS NUMBER MAY BE LARGER THAN THE TOTAL NUMBER OF (A1+A2+A3+A4) � PART VI - SUMMARY OF CLOSURES BY CATEGORY A. TOTAL NUMBER OF CLOSURES (1+2+3) TOTAL NUMBER TOTAL DAYS AVERAGE, DAYS 16 4413 275.81 1. WITHDRAWALS 3 238 79.33 a. NON-ADR WITHDRAWALS 3 238 79.33 b. ADR WITHDRAWALS 0 0 0.00 2. SETTLEMENTS 0 0 0.00 a. NON-ADR SETTLEMENTS � 0 0 0.00 b. ADR SETTLEMENTS 0 0 0.00 � , 3. FINAL AGENCY DECISIONS ( B+C ) 13 4175 321.15 B. FINAL AGENCY DECISIONS WITHOUT AN ADMINISTRATIVE JUDGE DECISION . (1+2+3) 12 3045 , 1. FINDING DISCRIMINATION 0 0 0.00 2. FINDING NO DISCRIMINATION 9 2994 332.67 3. DISMISSAL OF COMPLAINTS 3 51 17.00 C. FINAL AGENCY ACTIONS WITH AN ADMINISTRATIVE JUDGE (AJ) DECISION (1+2) 1 1130 :. , 1. AJ DECISION FULLY IMPLEMENTED (a+b) 1 1130 (a) FINDING DISCRIMINATION � 0 0 0.00 (b) FINDING NO DISCRIMINATION 1 . 1130 1130.00 (c) DISMISSAL OF COMPLAINTS 0 0 0.00 2. AJ DECISION NOT FULLY IMPLEMENTED . (a+b+c) 0 0 11111111 0.00 (a) FINDING DISCRIMINATION (i+ii+iii) 0 0 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 MAY 2007) page 4 Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 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 2007 PART VI - SUMMARY OF CLOSURES BY CATEGORY (Continued) TOTAL TOTAL AVERAGE NUMBER DAYS DAYS D. FINAL AGENCY MERIT DECISIONS (FAD) ISSUED (1+2+3) 9 361 40.11 1. COMPLAINANT REQUESTED IMMEDIATE FAD (1a+lb) 7 305 43.57 a. AGENCY ISSUED FAD WTHIN 60 DAYS OF RECEIPT OF FAD REQUEST 7 305 43.57 b.AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND RECEIPT OF FAD REQUEST ' 0 0 0.00 2. COMPLAINANT DID NOT ELECT HEARING OR FAD (2a+2b) 2 56 28.00 a. AGENCY ISSUED FAD WITHIN 60 DAYS OF END OF 30-DAY ELECTION PERIOD 2 56 28.00 b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND END OF 30-DAY ELECTION PERIOD 0 0 0.00 3. HEARING REQUESTED; AJ RETURNED CASE TO AGENCY FOR FAD WITHOUT AJ DECISION (3a+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 PART VII - SUMMARY OF COMPLAINTS CLOSED WITH BENEFITS DURING FORMAL COMPLAINT STAGE A. TOTAL COMPLAINTS CLOSED WITH BENEFITS 0 B. CLOSURES WITH MONETARY BENEFITS TO COMPLAINANT 0 1. BACK PAY/FRONT PAY 0 2. LUMP SUM PAYMENT 0 3. COMPENSATORY DAMAGES 0 C. CLOSURES WITH ATTORNEY FEES AND COSTS 0 D. SUBTOTAL OF ALL MONETARY BENEFITS (B+C) 0 E. CLOSURES WITH NON-MONETARY BENEFITS ' 0 � F. TYPES OF BENEFITS NUMBER OF CLOSURES IAITH MONETARY BENEFITS 1. HIRES 0 a. RETROACTIVE 0' b. NON-RETROACTIVE 0 2. PROMOTIONS - 0 a. RETROACTIVE . 0 b. NON-RETROACTIVE 0 3: EXPUNGEMENTS 0 4., REASSIGNMENTS 0 Arke-MoVALS RESCINDEDVMISIV,M, 141111PAMKI" -.- " . 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 0 10. PERFORMANCE EVALUATION MODIFIED 0 11. LEAVE RESTORED 0 12. LUMP SUM PAYMENT . 0 13. 14. EEOC FORM 462 (REVISED MAY 2007) (b)(3) rintea on Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 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 2007 PART VIII - SUMMARY OF PENDING COMPLAINTS BY CATEGORY A. TOTAL COMPLAINTS PENDING (SAME AS PART II Line I) (1+2+3+4) NUMBER PENDING NUMBER OF DAYS AVERAGE DAYS NUMBER OF DAYS PENDING FOR OLDEST CASE 19 3303 1. COMPLAINTS PENDING WRITTEN NOTIFICATION 0 0 0.00 0 2. COMPLAINTS PENDING IN INVESTIGATION 12 1778 _ 148.17 251 3. COMPLAINTS PENDING IN HEARINGS 6 1515 252.50 � 630 4. COMPLAINTS PENDING A FINAL AGENCY DECISION 1 10 10.00 10 PART IX - SUMMARY OF INVESTIGATIONS COMPLETED TOTAL TOTAL DAYS AVERAGE A. INVESTIGATIONS COMPLETED DURING REPORTING PERIOD (1+3) 14 2632 188.00 1. INVESTIGATIONS COMPLETED BY AGENCY PERSONNEL (a+b+c) 11 2074 188.55 a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS 7 1188 169.71 b. INVESTIGATIONS COMPLETED IN 181 -360 DAYS 4 886 221.50 1. TIMELY COMPLETED INVESTIGATIONS 4 886 221.50 2. UNTIMELY COMPLETED INVESTIGATIONS 0 0 0.00' c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS 0 0 0.00 2. AGENCY INVESTIGATION COSTS 1 3. INVESTIGATIONS COMPLETED BY CONTRACTORS (a+b+c) 3 558 186.00 a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS 2 308 154.00 b. INVESTIGATIONS COMPLETED IN 181 - 360 DAYS 1 250 250.00 1. TIMELY COMPLETED'INVESTIGATIONS 1 250 250.00 2. UNTIMELY COMPLETED INVESTIGATIONS 0 0 0.00 C. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS 0 0 0.00 4. CONTRACTOR INVESTIGATION COSTS � ;iitf.; itr*'� � ' "4:71.- ."-"c .' � � � EEOC FORM 462 (REVISED MAY 2007) page 6 Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 7 ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY � STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS IREPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH) AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007 PART X - SUMMARY OF ADR PROGRAM ACTIVITIES INFORMAL PHASE PRE-COMPLAINT) COUNSELINGS INDIVIDUALS DAYS AVERAGE DAYS � . . :1 ;NIA .r4MI.0.1k '.0-,10,itlflf:*.AP.k$ ';.,I;Mi,.. f.v I: ; ,c t.- .. , , 1. a x B. ADR ACTIONS IN COMPLETED/ENDED COUNSELINGS 1. ADR OFFERED BY AGENCY 2. REJECTED BY COUNSELEE 3. REJECTED BY AGENCY (INCLUDES MANAGEMENT OFFICIALS) 4. TOTAL ACCEPTED INTO ADR PROGRAM 30 28 29 27 0 0 1 1 1 1 C. ADR RESOURCES USED IN COMPLETED/ENDED COUNSELINGS 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. 7. 0 0 0 0 1 1 0 0 0 0 D. ADR TECHNIQUES USED IN COMPLETED/ENDED COUNSELINGS 1 1 5 5.00 1. MEDIATION 2. SETTLEMENT CONFERENCES 3. EARLY NEUTRAL EVALUATIONS 4 FACTFINDING , 5. FACILITATION 6 OMBUDSMAN 7. PEER REVIEW 8. MULTIPLE TECHNIQUES USED (Please specify in a comment box) 9. . . . . , � . . . , 10 11. 1 1 5 5.00 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 E. STATUS OF ADR CASES IN COMPLETED/ENDED COUNSELINGS COUNSELINGS INDIVIDUALS DAYS AVERAGE DAYS 1- ' TOTAL CLOSED ' a' SETTLEMENTS WITH BENEFITS (Monetary and Non-monetary) b. NO FORMAL COMPLAINT FILED C. NO RESOLUTION d. NO ADR ATTEMPT e. DECISION TO FILE COMPLAINT PENDING AT THE END OF THE REPORTING PERIOD 1 . 1 5 5.00 0 0 0 0.00 0 0 0 0.00 1 1 5 5.00 0 0 0 0.00 0 0 0 0.00 , k. -svy ri ;f:P; fo..,,,*APsrketoi -1:r4.,,m. i0. 41.4M. .. . - SIM MIR EEOC FORM A62 (REVISED MAY 2007) one Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 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 2007 PART XI - SUMMARY OF ADR PROGRAM ACTIVITIES � FORMAL PHASE COMPLAINTS COMPLAINANTS DAYS AVERAGE DAYS .impFt,P;01,13V etitiNit:OREVtOVS REROXMOPERTO ' . i't t, -. #41,,liz tIJIs > VI ,..,., . .-- ,,, � .t k it,:td ts a- t e.. ,.. . r ..4 � _ 1 B. ADR ACTIONS IN COMPLAINT CLOSURES 1 ADR OFFERED BY AGENCY 2. REJECTED BY COMPLAINANT 3. . REJECTED BY AGENCY (INCLUDES MANAGEMENT OFFICIALS) 4. TOTAL ACCEPTED INTO ADR PROGRAM lif=aiZiMiti 4,17X7pattVAV 21 21 20 20 _ 0 o 1 1 C. ADR RESOURCES USED IN COMPLAINT CLOSURES 1 1 1 INHOUSE 2. ANOTHER FEDERAL AGENCY 3. PRIVATE ORGANIZATIONS RA , (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. 7. 0 0 'IT .P - i-c"9.. r 0 0 1 1 o o 0 0 D. ADR TECHNIQUES USED IN COMPLAINT CLOSURES 1 1 12 12.00 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 specity in a comment box) 10. . 11. 12. 1 1 12 12.00 0 0 0 0.00 n 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 E. STATUS OF CASES IN COMPLAINT CLOSURES COMPLAINTS COMPLAINANTS DAYS AVERAGE DAYS 1. TOTAL CLOSED . . a. SETTLEMENTS WITH BENEFITS wonecry a., No,...onetal) b. WITHDRAWAL FROM EEO PROCESS c.. NO RESOLUTION d. NO ADR ATTEMPT 1 1 12 12.00 0 0 0 0.00 0 0 0 0.00 1 1 12 12.00 0 0 0 0.00 T4i-'1',77-ZP ,PENIINW-ROMAPAP40.$1615it.:MPTITtY,' i",,-:,,- 11,N1 , --'' ' gilmaik,. v�-, 4 tili-- A '''''A M.41F-,s-forzci1,0t, F. BENEFITS RECEIVED COMPLAINTS COMPLAINANTS r'4' #E ", .�`,,,,osi,,i5';4, i .�,0'-'4' 4 ',..:. ial� ij5:0�e 1. MONETARY (INSERT TOTAL) � 0 0 a. COMPENSATORY DAMAGES 0 0 b. BACKPAY/FRONTPAY 0 0 C. LUMP SUM 0 0 d. ATTORNEY FEES AND COSTS 0 0 e. 9. 2. NON-MONETARY (INSERT TOTAL) 0 0 J , it �.',,,,-. a-. HIRES .. 0 0 L RETROACTIVE ' 0 0 ii. NON-RETROACTIVE 0 0 b. PROMOTIONS 0 0 I. RETROACTIVE o o ii. NON-RETROACTIVE o 0 C. EXPUNGEMENTS . 0 o esd A2t, d. REASSIGNMENTS 0 o e. REMOVALS RESCINDED 0 0 41 44����0?� 4 .440, 'A ' i. REINSTATEMENT 0 0 ii. VOLUNTARY RESIGNATION 0 o L ACCOMMODATIONS n 0 g. TRAINING ' n 0 h. APOLOGY 0 o I . DISCIPLINARY ACTIONS 0 0 I . RESCINDED o o ' ii. MODIFIED 0 � 0 t, j. PERFORMANCE EVALUATION MODIFIED 0 0 k. LEAVE RESTORED o 0 if rn. EEOC CORM 462 (REV SE� xuxv 2007) Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 (.1r E. Approved for Release: 2022/03/31 C06803274 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 2007 PART XII - SUMMARY OF ADR PROGRAM ACTIVITIES EEO ADR TRAINING AND RESOURCES A. BASIC ADR ORIENTATION TRAINING NUMBER IN TOTAL WORKFORCE CV.ALRATIVE TOTAL WO.AFORCF TRAINED , 1. MANAGERS 0 0 2. EMPLOYEES 0 0 B. EMPLOYEES THAT CAN PARTICIPATE IN ADR 0 C. RESOURCES AVAILABLE FOR ADR 1. IN-HOUSE FULL TIME 2. IN-HOUSE PART TIME 3. IN-HOUSE COLLATERAL DUTY 4. CONTRACT 1 (b)(3) 0 0 0 , 1 D. ADR FUNDING SPENT CERTIFICATION AND CONTACT INFORMATION I certify that Report of Discrimination TYPED NAME the EEO complaint data contained on this report, EEOC Form 462, Annual Federal Equal Complaints, for the reporting period October 1, through September 30, are Employment Opportunity Statistical accurate and complete. (b)(3) of ()EEO (b)(6) AND TITLE OF CERTIFYING OFF Specialist Director SIGNATURE OF CERTIFYING OFFICIAL: TYPED NAME AND TITLE OF PREPARER� Compliance SIGNATURE OF PREPARER: (b)(3) (b)(6) 11/29/2007 DATE: TELEPHONE NUMBER. E-MAIL: This report is due to the following address on or before October 31st: U.S. Equal Employment Opportunity Commission Office of Federal Operations Federal Sector Programs 1801 L Street, NW Washington, DC 20507 EEOC FORM 462 (REVISED MAY MT) Page 9 Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Appendix A - Comments Part 8 CIA - VOL A.3 Pending Oldest Case - Part 10 CIA - X.D Days - The 5 days represent the date offered ADR to when ADR completed. (b)(3) (b)(6) Part 12 CIA - XII.A.1 Total Workforce - CIA does not report it workforce numbers CIA - XII.0 In house staff resources - The EEO office does not have internal ADR officer. We use a contract officer that is the Ageny's Ombudsman for all disputes. Printed on 11/29/2007 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Title: AR (U) DISCIPLINE AND ACCOUNTABILITY Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 (b)(2) (b)(3) Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 (b)(2) (b)(3) , Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 (b)(2) (b)(3) Approved for Release: 2022/03/31 C06803274 Approved for Release: 2022/03/31 C06803274 Zero Tolerance � Central Intelligence Agency Page 1 of 2 Central Intelligence Agency The Work of a Nation. The Center of Intelligence !Search Equal Employment Opportunity Zero Tolerance of Harassment and Discrimination at CIA CIA Director Statement on Zero Tolerance of Harassment and Discrimination at CIA CIA does not tolerate harassment or discrimination of any kind. Both Agency policy and Federal law explicitly forbid harassment and discrimination and endorse equal employment opportunity regardless of race, religion, color, sex, national origin, age, or disability. In addition, Executive Order 11478, as amended, prohibits discrimination and harassment on the basis of sexual orientation or status as a parent. The law outlines our duty to treat each employee with identical standards of fairness and to offer equal opportunity for advancement. This applies to all employment programs and processes as well as management decisions that include recruiting, hiring, promotion, training, and career development. Our Agency has policies in place to ensure the quick and judicious handling of harassment allegations brought to the attention of management or the Office of Equal Employment Opportunity. As my predecessors did, I will hold supervisors and managers accountable for enforcing our zero-tolerance policy. Moreover, every employee has the right to due process as outlined by civil rights statutes. Disciplinary action, including dismissal, may be applied to those who threaten or commit reprisals against anyone reporting an instance of discrimination or harassment. Harassment and hostile work environments not only run counter to the values we have pledged to uphold, they are absolutely unproductive and undermine our effectiveness in pursuing CIA's mission. That is why each of us shares the responsibility to keep such behavior out of our Agency. Michael V. Hayden General, USAF Director � Privacy � Copyright � Site Policies � USA.gov � FOIA � DNI.gov (b)(3) Approved for Release: 2022/03/31 C06803274 7111 onni