No Fear Act Report
2005
For Fiscal Year
Mine Safety and Health Administration
(
MSHA
)
October 01, 2004
through
September 30, 2005
U
.
S
.
Department of Labor
I
.
Basic Information
:
Title III of the No Fear
(
Notification and Federal Employee Anti
-
discrimination and
Retaliation
)
Act requires agencies to post certain statistical information on their public websites
concerning complaints of employment discrimination filed with them under
29
C
.
F
.
R
.
Part
1614
.
The data
in this report complies with this Act
.
Due to migration of complaint records to a new database, data caculations for fiscal year
1999
and
2000
may be incomplete in certain categories
.
Contact Information
:
Civil Rights Center, Room N
-
4123
, U
.
S
.
Department of Labor,
200
Constitution
Avenue, N
.
W
.
, Washington, D
.
C
.
20210
, telephone number
(
202
)
693
-
6500
, TTY
-(
202
)
693
-
6515
/
16
,
Email
:
CivilRightsCenter@dol
.
gov
.
Definitions of Terms and Acronyms Used in the Report
.
Informal Complaint
:
Complaint of alleged discrimination that is filed no more than
45
calendar days
following an alleged discriminatory event or action
.
Counseling
:
The period of the Informal Complaint process, not to exceed
90
calendar days, where an
EEO Counselor conducts an initial fact
-
finding of the alleged discriminatory event or action
.
Formal Complaint
:
Complaint of Alleged Discrimination that is filed no more than
15
calendar days
following the completion of the Informal Complaint process
.
Investigation
:
Phase of the Formal Complaint process where an EEO Investigator conducts the formal
gathering of information, obtains signed Affidavits, and prepares an investigative report
.
Hearing
:
Phase of the EEO process following the investigation where the complainant has elected to
have a hearing of the facts before an EEOC Administrative Judge
.
Appeal
:
Phase of the EEO process where the complainant has elected to contest a decision on their
complaint by the filing of an appeal through the EEOC
’
s Office of Federal Operations
.
Final Agency Action
:
Phase of the EEO process where the Civil Rights Center informs the complainant
that a decision has been rendered on their complaint
.
In this document the complainant is also made
aware of their appeal rights
.
Issue
:
The issue of a complaint is the 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 asserted by the complainant that is
protected by the statute under which the complaint is filed
.
The bases protected by the non
-
discrimination statutes are
:
race, color, religion, national origin, sex, disability, age and reprisal
.
II
.
III
.
Number of those complaints filed in which each of the following bases of alleged discrimination was
raised
*:
Number of Repeat Filers
:
0
Number of Individual Filers
:
8
Number of Complaints Filed
:
8
IV
.
1
.
2
.
3
.
4
.
Basis
No
.
of Occurrences
1
Age
4
Disability
1
National Origin
2
Race
3
Reprisal
1
Sex
*
More than one basis may be stated in a complaint
therefore, the total number of occurrences may exceed the
total number of complaints filed
.
Fiscal Year
:
The period of time between October
1
and September
30
.
(
ex
.:
10
/
1
/
02
–
9
/
30
/
03
)
Repeat Filer
:
An individual that has filed more than one complaint within a fiscal year
.
Individual Filer
:
An individual that has filed only one complaint within a fiscal year
.
Number of those complaints in which each of the following issues of alleged discrimination was raised
:
5
.
No
.
of Occurrences
Issue
Appointment
/
Hire
2
Assignment of Duties
3
Failure to Accommodate
2
Harrassment
-
Nonsexual
1
Others
0
Reinstatement
1
Terms
/
Conditions of Employment
2
Time and Attendance
1
All complaints pending for any length of time in
which a hearing was requested
0
294
214
272
All complaints pending for any length of time in
which a hearing was not requested
214
281
All complaints pending for any length of time
Final Agency Action
Investigation
Average length of time to complete Investigation and Final Agency Action Stages
:
5
Number of complaints dismissed
:
Average length of time such complaints were pending prior to dismissal
: :
246.60
0
Number of Actions
Percentage
Number of Final Agency Actions involving a
finding of discrimination without hearing
Number of Final Agency Actions involving a
finding of discrimination with hearing
0
0.00
0
0.00
%
%
Of the Total Number of Final Agency Actions rendered, basis involved in those actions in which
discrimination was found
:
Total number of findings with discrimination in this fiscal year
:
days
6
.
7
.
8
.
9
.
9
a
).
10
.
10
a
).
10
b
).
11
.
(
Avg
.
days
)
(
Avg
.
days
)
After
Hearing
(
Percent
)
After
Hearing
(
Number
)
Without
Hearing
(
Percent
)
Without
Hearing
(
Number
)
Basis
Age
0
0.00
0
0.00
%
%
Color
0
0.00
0
0.00
%
%
Disability
0
0.00
0
0.00
%
%
Equal Pay
0
0.00
0
0.00
%
%
National Origin
0
0.00
0
0.00
%
%
Race
0
0.00
0
0.00
%
%
Religion
0
