USAID provides its Annual Report to Congress as required by Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (“No FEAR Act”), Public Law 107-174. This report covers data for FY 2022. (Appendix B)
USAID’s mission is to, on behalf of the American people, promote and demonstrate democratic values abroad and advance a free, peaceful, and prosperous world. In support of America’s foreign policy, USAID leads the U.S. government’s international development and humanitarian assistance through partnerships and investments that save lives, reduce poverty, strengthen democratic governance, and help people emerge from humanitarian crises and progress beyond assistance.
In FY 2022, USAID employed 4,373 Civil and Foreign Service employees. The Office of Civil Rights (OCR) played a vital role in enforcing the prohibition of discrimination, harassment, and retaliation in employment through a fair and consistent EEO program pursuant to 29 CFR Part 1614, Management Directive 110 of the Equal Employment Opportunity Commission, and USAID’s fully revised EEO Program Policy, Automated Directives System (ADS) Chapter 110.
In FY 2022, USAID timely processed 60 informal complaints compared to 51 informal complaints in FY 2021. The Agency completed the processing of 23 informal complaints within 30 days and completed the processing of the remaining 37 informal complaints between 31 and 90 days with the respective extensions; 12 out of the 60 informal complaints processed went through alternative dispute resolution (ADR).
There were 39 formal complaints filed in FY 2022, as compared to 31 in FY 2021. The most frequently alleged bases for formal complaints were reprisal (21), disability (16), and race (15). The most frequently alleged issues were terms and conditions of employment (22), non-sexual harassment (10), and promotion/nonselection (6). Please refer to Figure 1 later in this report to compare this information with data from previous years.
USAID timely completed 19 investigations and closed 36 cases in FY 2022. Nine (9) cases were closed by settlement agreements, eight (8) of which included monetary benefits. The Agency issued 25 final agency actions, and two complainants withdrew their complaints.
In FY 2022, five cases were pending in Federal District Court. USAID made no reimbursements to the U.S. Department of the Treasury’s Judgment Fund in FY 2022.
The Equal Employment Opportunity Commission (EEOC) made one finding of discrimination in FY 2022 against the Office of Inspector General, which operates independently from the rest of the Agency. There were no findings in Federal Courts against the Agency in FY 2022.
Separately, the Agency took immediate and appropriate action to address allegations of harassment through its Anti-Harassment Program, which is an internal Agency process required by the EEOC. In FY 2022, the Anti-Harassment Program addressed 108 contacts and conducted 37 inquiries into allegations of harassment. Over 70 contacts, including inquiries, were referred for further action to USAID’s Human Capital and Talent Management’s (HCTM) Office of Employee and Labor Relations (ELR), resident legal officers in USAID Missions overseas, and USAID managers and supervisors throughout the Agency. Through this Program, OCR closed 107 of the 108 contacts by the end of the fiscal year. HCTM/ELR, in turn, assisted managers with providing guidance, training, counseling, admonishments, and other corrective actions in response to those referrals.
