EXECUTIVE CORRESPONDENCE ROUTING SHEET

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06803276
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: July 11, 2023
• Document Release Date: May 2, 2022
• Case Number: F-2014-00260
• Publication Date: March 24, 2011

Approved for Release: 2022/03/31 C06803276
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US Classification//Non USIISCl//Codeword//FG1//Dissem Controls//Non-Intell//Declass (as appropriate)
r EXECUTIVE CORRESPONDENCE ROUTING SHEET -1
1. Origination Office
DIR/ERC/EEO
2. Date
03/24/2011
3. FROM:
Name
Room No. and Building
Phone
(b)(3)
(b)(3)
D/ERC
4. Subject
No Fear Act Annual Report for Fiscal Years 2009 and 2010 Executive Summary
5. Originating Office Control #
5a. Response to DAC # (Originating Office to Complete)
5b. DAC Control # (DAC Use Only)
6. Justification
/ Summary
X
(Required for Immediate and
Routine
Priority
D
Actions)
Priority �
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Immediate
7. Coordination
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Approved for Release: 2022/03/31 C06803276
Approved for Release: 2022/03/31 C06803276
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No FEAR Act Annual Report for Fiscal Years 2009 and 2010
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) fully
endorses, and intends to comply with, the intent of the No FEAR Act, and in accordance
submits its annual report covering the fiscal years (FY) 2009 and 2010.
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 CIA policy; and to promote the full realization of EEO.'
CIA processed 33 formal complaints in FY 2010 and 21 in FY 2009. The number
of formal complaints in FY 2010 showed an increase from the five-year trend of
approximately 20 complaints per year. We will monitor to see if this is a new trend
requiring adjustment of our current practices or a one-year anomaly.
There was not a single finding of discrimination in the past two years; therefore,
no employees were disciplined as a result of an EEO formal complaint. CIA has a Zero
Tolerance Policy for discrimination and harassment, which is intended to hold employees
to a higher standard than required by Federal law. We have disciplined employees for
violating this Zero Tolerance Policy. Thirteen employees were disciplined under this
policy in FY 2010 and 26 employees in FY 2009. The discipline ranged from oral
warnings to removal from position. Although CIA did not pay any judgments as a result
The No FEAR Act is codified in the Merit Systems Protection Act (MSPA). Pursuant to 5 U.S.C. �
2302(a) (2) (C), the Central Intelligence Agency is exempted from the MSPA. Nevertheless, CIA is subject
to certain provisions of law specified in section 202 of the No FEAR Act found under � 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 laws, rules, or regulations
prohibiting discrimination on the bases of marital status or political affiliation. The CIA, however, is not
subject to �2302(b) of the whistleblower statutes based on its exemption.
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of a findingof_cliscriraination, we did settle some cases. In FY 2010, there were two
settlements in FY 2009, CIA had five settlements
These amounts do not include settlements paid at the hearing stage.
Continuing a five-year trend, race, sex, reprisal, and disability
were the leading bases for the CIA's EEO complaints in FY 2010.
During the past two years, the CIA has implemented several changes to enhance
its EEO/Diversity program. In July 2010, we created a new Employee Resource Center
(ERC). The ERC combines the offices and/or components of EEO, Diversity, Alternative
Dispute Resolution, Grievance, and Recruitment Outreach into one corporate center, in
an effort to more effectively address key EEO and Diversity issues.
CIA continues to focus on educating the workforce on diversity and fairness
issues. We implemented several programs that promoted workforce inclusiveness and
appreciation for cultural and individual differences. These programs include a mandatory
multi-cultural course, an online No FEAR Act course, and workshops on a range of
issues such as Women and Success and a Harassment Free Workplace. CIA continues its
efforts with such initiatives as implementing the recommendations of the Workplace
Dynamics Initiative, the Leadership Development Program, the CIA Mentoring Program,
and training for managers who supervise disabled employees.
CIA strengthened outreach efforts through our "Advice Only" program,
encouraging managers and employees to seek advice on EEO-related issues without
officially entering the EEO process. Under this program, in FY 2010, 402 staff members
sought the advice of an EEO counselor, a dramatic increase over 209 in FY 2009.
CIA takes its responsibility seriously to provide a workplace that is free from
discrimination and harassment, and we continue to seek new and innovative ways to
improve diversity and fairness at the Central Intelligence Agency.
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Approved for Release: 2022/03/31 C06803276