No Fear Act Policy
Section 202(a) of the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act, Pub. L. 107-74, Title I, General Provisions, Section 101(1), requires each federal agency to provide written notification of the rights and protections available to federal employees, former federal employees, and applicants for federal employment under federal antidiscrimination and whistleblower laws listed in the No FEAR Act. In support of this requirement, Secretary Napolitano issued a memo to all Department employees (PDF - 2 pages, 805 KB) reiterating the Department’s commitment to the No FEAR Act of 2002. In addition, the Secretary issued a new anti-discrimination policy statement.
5 CFR 724.202 requires federal agencies to publish this notification in the Federal Register. This Federal Register publication specifically provides notice to the general public that individuals seeking to pursue an Equal Employment Opportunity (EEO) complaint must contact a Department of Homeland Security EEO counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action.
Pursuant to Title III of the No FEAR Act and 29 CFR § 1614, federal agencies are required to post quarterly on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies. In compliance with this provision of the No FEAR Act, the Department of Homeland Security posts cumulative statistical data for equal employment opportunity complaints for the entire department. Individual Department agencies have been instructed to post on their own respective public Web sites statistical data for equal employment opportunity complaints that originate in their agencies. A link to data posted by individual Department agencies is provided below. Statistical data for complaints that originate at Homeland Security headquarters is also posted separately. This data is updated on a quarterly basis.
Pursuant to Title II of the No FEAR Act, federal agencies, no later than 180 days after the end of each fiscal year, are required to submit an annual report 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. The No FEAR Act Annual Report shall have specific information relating to each agency’s EEO complaints activity (including federal district court cases) and resulting disciplinary actions, Judgment Fund reimbursements, adjustments to agency budgets to meet reimbursement requirements, as well as an analysis of trends, causation, and practical knowledge gained through experience.
During FY 2007, the Office of Personnel Management (OPM) also implemented regulations at 5 CFR § 724, providing final guidance on the preparation and submission of this report, including a requirement to submit a copy of the report to Director of OPM.
- No FEAR Act FY 2010 Annual Report to Congress (PDF – 60 pages, 1.48 MB)
- No FEAR Act FY 2009 Annual Report to Congress (PDF – 41 pages, 1.28 MB)
- No FEAR Act FY 2008 Annual Report to Congress (PDF – 59 pages, 6.15 MB)
Department of Homeland Security Statistical Data for Equal Employment Opportunity Complaints
Current and Historical Data as of December 31, 2011 - 1st Quarter 2012
Statistical Data for Equal Employment Opportunity Complaints at Department Component Agencies
Current and Historical Data
- Department of Homeland Security headquarters (HQ) (PDF, 4 pages - 254 KB)
- Federal Emergency Management Agency (FEMA)
- Federal Law Enforcement Training Center (FLETC)
- Transportation and Security Administration (TSA)
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Coast Guard (USCG)
- U.S. Customs and Border Protection (CBP)
- U.S. Immigration and Customs Enforcement (ICE)
- U.S. Secret Service (USSS)
By mail or phone:
Office for Civil Rights and Civil Liberties
EEO and Diversity Division (Mail Stop 0191)
245 Murray Lane, SW, Bldg. 410
U.S. Department of Homeland Security
Washington, D.C. 20528