ML24057A413
| ML24057A413 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/2024 |
| From: | Christopher Hanson NRC/Chairman |
| To: | Ahuja K, Burrows C, Carper T, Comer J, Garland M, Harris K, Mary Johnson, Murray P, Peters G, Rodgers C US Congress, US Dept of Justice (DOJ), US HR (House of Representatives), US Office of Personnel Mgmt (OPM), US SEN (Senate) |
| Shared Package | |
| ML24057A411 | List: |
| References | |
| CORR-24-0021 | |
| Download: ML24057A413 (1) | |
Text
Notification and Federal Employee Antidiscrimination and Retaliation Act Report FISCAL YEAR 2023 Enclosure
U.S.NRC 1.,,._.__..................,~
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NRC Headquarters, located in Rockville, Maryland
Table of Contents I.
Executive Summary.......................................................................................................... 1 II.
Introduction....................................................................................................................... 3 Ill.
Purpose of This Report.................................................................................................... 5 IV.
No FEAR Act Legal c*overage.......................................................................................... 6 V.
Data Analysis and Results............................................................................................... 6 A. EEO Complaint Activity and Disposition................................................................... 7 B. Bases and Issues........................................................................................................ 7 V.
Civil Cases-Reimbursement to the Judgment Fund..................................................... 8 VI.
Disciplinary Actions......................................................................................................... 8 VII.
No FEAR Act Training Plan............................................................................................... 8 VIII.
Trends, Analysis, and Practical Knowledge.................................................................... 9 IX.
Conclusion...................................................................................................................... 10 Appendices Appendix 1 No Fear Act-Annual Notification of Employee Rights Appendix 2 Message from the Executive Director for Operations Appendix 3 Equal Employm~nt Opportunity Policy Statement Appendix 4 Equal Employment Opportunity Complaint Process Appendix 5 Alternative Dispute Resolution Policy Statement Appendix 6. Diversity, Equity, Inclusion, and Accessibility Policy Statement Appendix 7 Antiharassment Policy Statement Appendix 8 Antiharassment Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace Appendix 9 Preventing and Eliminating Harassing Conduct in the Workplace Reference Sheet Appendix 1 O Whistleblower Protection - Notification of Employee Rights Appendix 11 Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns Policy Statement Appendix 12 Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns Appendix 13 Fiscal Year 2023 No FEAR Act Data Posted on the NRC Website Appendix 14 Reasonable Accommodation Policy and Procedures
I.
Executive Summary The U.S. Nuclear Regulatory Commission (NRC) provides its annual "Notification and Federal Employee Antidiscrimination and Retaliation Act Report" to Congress for fiscal year (FY) 2023 as required by section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law (Pub. L.) 107-17 4. This report summarizes the agency's activities to ensure accountability for antidiscrimination and whistleblower laws related to employment.
During FY 2023, the agency had 2,889 permanent employees. NRC Headquarters is in Rockville, Maryland, and NRC regional offices are in King of Prussia, Pennsylvania; Atlanta, Georgia; Lisle, Illinois; and Arlington, Texas. The agency's Technical Training Center is located in Chattanooga, Tennessee. The NRC's resident inspectors work at operating nuclear power plants and Category I fuel facilities throughout the country. With its staff members dispersed across these locations, the NRC must be especially attentive to properly notifying all employees of their rights under the No FEAR Act through its policies and procedures, online training, and agency network announcements. The agency continues to be successful in this task.
Since the enactment of the No FEAR Act, the NRC continues to realize many positive changes in the workplace. Examples include the following:
The Commission and senior agency executives demonstrated continuous support for the No FEAR Act (Pub. L. 107-174) and the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Pub. L. 116-283); amends the No FEAR Act to increase Federal agencies' accountability) through policy statements, annual notifications of employee rights, and discussions in town halls and key meetings.
The Executive Director for Operations issued a message promoting the No FEAR Act and its training requirement for all NRC employees and encouraging individuals to raise concerns and differing views without fear of retaliation. This leadership commitment supports the agency's organizational values of integrity, service, openness, commitment, cooperation, excellence, and respect for a healthy workplace and culture.
The NRC implemented the "Agency Desired Culture Initiative" to align the NRC's workplace culture with its vision to ensure that it consistently values and supports behaviors and norms that help the agency best accomplish its mission.
The NRC continues to support and promote its Inclusive Diversity Strategic Plan, which includes diversity, equity, inclusion, and accessibility (DEIA) goals and strategies to achieve a positive, discrimination-free environment.
The NRC promotes its "Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace" to ensure full compliance with requirements of the Equal Employment Opportunity Commission (EEOC}.
Sustained engagement with the Diversity Management and Inclusion Council (consisting of agency executives, Equal Employment Opportunity (EEO) advisory committee members, and others) assists the agency in developing a more comprehensive, integrated, and strategic focus on diversity and inclusion in the workplace.
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The NRC has demonstrated its commitment to the Initiative on Civility, Awareness, Respect and Engagement, known as "iCARE." This initiative assists with agency efforts to facilitate employees' deeper understanding and appreciation of cultural diversity and inclusion-related issues. It also helps the NRC promote individual personal and professional growth and effectiveness through the processes of listening, introspection, and building acceptance for differing perspectives.
The Commission is briefed biannually on the accomplishments and plans of the agency's EEO affirmative employment and diversity management program.
The NRC continues to endorse the set of values known as !SOCCER-integrity, service, openness, commitment, cooperation, excellence, and respect.:_as a guide for fostering an open, collaborative work environment for all employees.
Notices on whistleblower protection rights are posted in all facilities, as required by the Office of Special Counsel, for agency certification under Title 5 of the United States Code (U.S.C.) section 2302(c).
The NRC has developed and implemented training programs and activities for managers and employees on the No FEAR Act, EEO, diversity management, the NRC's antiharassment policy, reasonable accommodation, and alternative dispute resolution (ADR).
'The NRC renewed Diversity DIALOGUE-Diversity Inclusion Awareness Leading Organizational Growth, Understanding, and Engagement-cohorts, in which small groups of managers and employees participate in facilitated forums to discuss diversity topics in an open environment.
The Commission continues its sustained commitment to the NRC Leadership Model, which emphasizes observable behaviors that are representative of leadership characteristics, including receptivity to new ideas and diversity of thought.
The NRC is committed to fostering a workplace that encourages, recognizes, and values diverse views, alternative approaches. critical thinking, collaborative problem-solving, unbiased evaluations, and honest feedback.
The NRC continues to demonstrate its commitment to reasonable accommodation policies and procedures in compliance with amendments to the regulations governing section 501 of the Rehabilitation Act of 1973 (Pub. L.93-112), to include the provision of personal assistant services.
EEO complaints continue to be processed and dispositioned promptly, ensuring that cases are resolved in a timely manner.
The NRC facilitates the "Speed of Trust" initiative, consisting of workshops to provide opportunities for strengthening mutual trust among agency leaders, managers and supervisors, and employees.
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The NRC raises awareness of its ADR program as a voluntary option to resolve disputes and conflicts at the earliest opportunity and at the lowest possible level.
Additionally, the NRC's Office of Small Business and Civil Rights (SBCR) continues to pursue efficiencies by carefully managing tracking systems and evaluating its practices and processes to enhance the effectiveness of its programs. For example, during the last fiscal year, SBCR implemented a new way for NRC employees to make an EEO contact or file a complaint using the e-File Secure Portal. This portal allows employees to electronically contact an EEO counselor, file an informal complaint, request ADR, submit documents, and receive real-time status updates on their EEO complaints. SBCR also leverages technology to assist with the processing of EEO complaints of discrimination, harassment, and retaliation in the workplace.
Specifically, SBCR uses "Entellitrak," which is the EEO case management software that allows SBCR to effectively manage workloads, improve its reporting capabilities, and maintain data integrity. Recent maintenance to SBCR's electronic systems included an upgrade, complete with built-in business rules, to ensure compliance with the agency's.mandatory reporting requirements.
Finally, the NRC encourages applications from across the agency and Federal Government to the agency's Senior Executive Service (SES) Candidate Development Program in an effort to draw a diverse pool of candidates. In FY 2024, the NRC graduated another new cadre of future SES managers.
II.
Introduction The NRC is an independent agency established by the Energy Reorganization Act of 197 4 (Pub. L.93-438) to conduct the licensing and regulatory functions of the former Atomic Energy Commission. The NRC's mission is to license and regulate the Nation's civilian uses of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment.
The NRC is headed by five Commissioners, appointed by the President of the United States and confirmed by the U.S. Senate, who serve staggered 5-year terms. The President designates one of the Commissioners to serve as Chair. The Commission, as a whole, formulates policies and regulations governing the safety and security of nuclear facilities and radioactive materials, issues orders to licensees, and adjudicates legal matters brought before it. The Executive Director for Operations carries out the policies and decisions of the Commission.
The NRC has the following main regulatory functions:
Establish standards and regulations.
Issue licenses, certificates, and permits.
Ensure compliance with established standards and regulations.
Issue adjudicatory decisions.
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Conduct research, and risk and performance assessments to support regulatory decisions.
The NRC carries out these functions through its regulation of nuclear power plants, fuel cycle facilities, and other civilian uses of radioactive materials, such as nuclear medicine programs at hospitals and academic activities at educational and research institutions. The agency also regulates such industrial applications as gauges, irradiators, and other devices that contain radioactive material. In addition, the NRC licenses the import and export of radioactive materials and works closely with its international counterparts to enhance global nuclear safety and security. In performing its regulatory activities, the NRC complies with Federal laws and mandates, including the National Environmental Policy Act of 1969 (Pub. L.91-190) and other environmental laws that require the agency to assess the environmental impacts of its proposed licensing and regulatory activities. Specific areas the NRC staff considers in carrying out its regulatory responsibilities include potential human health and socioeconomic impacts and potential impacts on endangered species, air quality, water quality, environmental justice, historic properties, and Tribal cultural resources. As part of the agency's licensing activities, rulemaking, and policy development, the NRC consults with Tribes and interacts with Tribal governments as required by the National Historic Preservation Act of 1966 (Pub. L.89-665) and consistent with the Commission's Tribal Policy Statement.
The NRC's regulatory activities have also been affected in recent years by regulatory reform and licensing modernization required by the Nuclear Energy Innovation and Modernization Act (NEIMA; Pub. L. 115-439) and the Nuclear Energy Innovation Capabilities Act (NEICA; Pub. L. 115-248). Among other requirements, NEIMA mandates the NRC develop strategies for licensing commercial advanced nuclear reactors within its existing regulatory framework and complete a technology-inclusive rulemaking by the end of 2027 for licensing such reactors.
NEICA directs the NRC to cooperate with the U.S. Department of Energy to ensure that the NRC has sufficient technical expertise to evaluate applications for licenses, permits, and design certifications and other requests for regulatory review for advanced nuclear reactors. Both of
- these laws are intended to ensure that the NRC has the capacity and capabilities to license the new and innovative technologies of the 21st century.
The Director of SBCR has been delegated the overall responsibility for programs and activities related to small businesses; EEO/civil rights; diversity, equity, and inclusion; and minority-serving institutions. SBCR provides agencywide guidance and standards for establishing and maintaining effective programs and activities. To meet agency objectives, SBCR assists agency leadership in shaping policies to protect and ensure the principles of EEO for all employees by developing processes and procedures; generating workforce analysis and responses to reporting requirements; conducting annual multiyear studies and research; delivering trainings and briefings; conducting oversight and monitoring; processing EEO complaints; integrating civil rights, diversity, equity, inclusion, and engagement into the NRC's initiatives and activities; and submitting annual reports to internal and external customers, constituents, and stakeholders. As part of its responsibility for preparing the agency's annual No FEAR Act report, SBCR also collaborates with the Office of the Inspector General (OIG), the Office of the Chief Human Capital Officer (OCHCO), and the Office of the General Counsel (OGC), which also have major roles in implementing the No FEAR Act for the NRC.
This annual "Notification and Federal Employee Antidiscrimination and Retaliation Act Report" to Congress for FY 2023 covers October 1, 2022, through September 30, 2023. During FY 2023, the NRC had 2,889 permanent employees. There were 21 precomplaint (informal) activities initiated, 15 formal complaints filed, and 31 EEO contacts resulting in no filings being made in 4
FY 2023. Reprisal (retaliation), race, sex, disability, and age were the most common bases for complaints filed in FY 2023. The most prevalent issues during this reporting period were harassment (nonsexual), terms and conditions of employment, religious accommodations, performance appraisal, and promotion/nonselection.
Ill. Purpose of This Report On May 15, 2002, President George W. Bush signed the No FEAR Act, which increases Federal agency accountability for acts of discrimination or reprisal against employees. This act, which took effect on October 1, 2003, makes Federal agencies individually accountable for violations of antidiscrimination and whistleblower protection laws related to employment. The act is intended to ensure that employees, applicants for employment, and former employees know their rights under antidiscrimination laws and the Whistleblower Protection Act of 1989 (Pub. L. 101-12). Section 203 of the No FEAR Act specifically requires that, not later than 180 days after the end of each FY, each Federal agency must 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 that agency, the EEOC, and the Attorney General an annual report with specific information relating to that agency's EEO complaints activity.
Regulations from the U.S. Office of Personnel Management (OPM) implementing the No FEAR Act, in Title 5, "Administrative Personnel," of the Code of Federal Regulations (5 CFR) Part 724, "Implementation of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002," Subpart C, "Annual Report," also require the submission of this annual report to the director of the OPM.
The annual No FEAR Act report must provide the following information:
the number, status, and disposition of Federal court cases, pending or resolved, arising under the laws covered by the No FEAR Act Judgment Fund reimbursements and adjustments to the NRG budget to meet reimbursement requirements; the number and type of disciplinary actions related to discrimination, retaliation, or harassment and the NRC's policy relating to appropriate disciplinary action; final year-end summary data related to the NRC's EEO complaint activity for the FY; an analysis of trends, causation, and practical knowledge gained through experience; actions planned or taken to improve the NRC's discrimination complaint program; and the agency's No FEAR Act training plan.
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IV. No FEAR Act Legal Coverage The laws covered in the No FEAR Act include the following:
Title VII of the Civil Rights Act of 1964 (Pub. L.88-352), as amended, as it applies to Federal agencies, 42 U:S.C. section 2000e-16 (race, color, religion, sex, national origin, and reprisal) the Age Discrimination in Employment Act of 1967 (Pub. L.90-202), as amended, as it applies to Federal Government employment, 29 U.S.C. section 633a (age (40 and over) and reprisal) the Equal Pay Act of 1963 (Pub. L. 88-38), as amended, 29 U.S.C. section 206(d)
(sex-based wage differentials and reprisal) section 501 of the Rehabilitation Act of 1973 (Pub. L.93-111 ), as amended, 29 U.S.C. section 791 (physical and mental disabilities and reprisal) the Genetic Information Nondiscrimination Act of 2008 (Pub. L. 110-233),
42 U.S.C. section 2000ft et seq. (genetic information about an individual or an individual's family members and reprisal) the Civil Service Reform Act of 1978 (Pub. L.95-454), 5 U.S.C. section 2302 (prohibited personnel practices in connection with whistleblowing) the Whistleblower Protection Act of 1989 (Pub. L. 101-12), 5 U.S.C. section 2302(b), as amended (protects Federal whistleblowers working for the Federal Government who report the possible existence of an activity constituting a violation of law, rules, or regulations or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health and safety)
Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Pub. L. 1-16-283);
amends the No FEAR Act to strengthen Federal antidiscrimination laws enforced by the EEOC and expand accountability within the Federal Government)
V.
Data Analysis and Results 1 As required by the No FEAR Act, the NRC promptly posts and displays a link to its No FEAR Act data on its public website (No FEAR Act). The agency updates this information no later than 30 calendar days after the end of each quarter. See Appendices which contains more details.
The NRC's informal and formal complaint activity is relatively low compared to that of other This annual No FEAR Act Report to Congress comprises data taken from the NRC's EEOC-certified Annual Federal Equal Employment Opportunity Commission (EEOC} certified Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints (EEOC Form 462} and data required to be reported in the end of fiscal year No Fear Act Report. The data in this No Fear Act Report varies from the data in Appendix 13 to this report, which is comprised of that set of No Fear Act data required to be displayed on the NRC's public web site.
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agencies of similar size-less than 1.0 percent of the agency's total workforce filed informal EEO complaints, and approximately 0.5 percent filed formal complaints. These results can be attributed to the NRC's Agency Desired Culture Initiative and continuing efforts to reeducate the workforce and provide robust training and cultural awareness seminars on the importance of EEO/civil rights, DEIA, and engagement initiatives for all employees. The following sections provide more information on the informal and formal complaints filed against the agency.
A.
EEO Complaint Activity and Disposition During FY 2023, 21 precomplaints (informal) were initiated, and four precomplaints were on-hand at the beginning of the reporting period (i.e., remained from the previous FY), for a total of 25 precomplaints. Of the 25 precomplaints, 21 were completed/counseling ended during FY 2023. Individuals filed 15 new formal complaints against the agency, and 25 were on-hand at the beginning of the FY, for a total of 40 formal complaints. A total of 26 formal complaints were closed during FY 2023. Figure 1 provides data presented during the December 14, 2023, Commission Briefing on Equal Employment Opportunity, Affirmative Employment, and Small Business.
FY 2023 FY 2022 FY 2021 FY 2020 FY 2019 Contacts Formal 14 l3 15
12 0
19 0
5 10 15 20 Informal 31 21 22 34 22 25 33 31 25 30 35 40 Figure 1 Monitoring and oversight of EEO complaint activity: EEO contacts, precomplaint (informal), and formal complaint activity During FY 2023, the agency completed six of the seven investigations in accordance with EEOC regulatory timeframes (with one completed in 182 days.just shy of the 180-day timeframe ). At the end of FY 2023, seven complaints were pending investigation. The agency issued four final agency decisions during FY 2023 and had no findings of discrimination. Compared to other Federal agencies of similar size, the NRC's complaint activity is relatively low, which is attributed to the use of early and continuing intervention to resolve workplace disputes, in addition to the Commission's ADR program and its continuing efforts to provide No FEAR Act training to all employees. The NRG uses internal expertise to train managers, supervisors, and team leaders on topics related to EEO and DEIA. All new managers, supervisors, and team leaders receive 2 full days of EEO and diversity training, in addition to refresher training every 3 years on various EEO-and DEIA-related topics.
B.
Bases and Issues 7
The FY 2023 complaint data show that reprisal (retaliation), race, sex, disability, and age were the most frequently filed bases for complaints. Additionally, the data show that harassment (nonsexual), terms and conditions of employment, religious accommodations, performance appraisal, and promotion/nonselection were the most common issues identified in the complaints filed. Please note that complaints may be filed alleging multiple bases and issues, and the sum of the bases reflected in the complaint data may not equal the total number of complaints filed. Appendix 13 provides details.
V.
Civil Cases-Reimbursement to the Judgment Fund Section 203( a)( 1) of the No FEAR Act requires each agency to state in its annual report the number of civil cases arising from the Whistleblower Protection Act and antidiscrimination laws, the status of such cases, and the amount of money reimbursed to the Judgment Fund. During FY 2023, the agency had five EEO lawsuits pending before Federal district courts, resulting in four closures. These cases were brought under Title VII of the Civil Rights Act of 1964.
Pursuant to the reporting requirements of 5 CFR Part 724, the NRC reports that, in FY 2023, it made no reimbursements to the Judgment Fund in connection with any lawsuits.
VI. Disciplinary Actions Section 203(a)(6) of the No FEAR Act requires each agency's annual report to describe the policy that it implements relating to disciplinary actions imposed against a Federal employee found to have discriminated against any individual in violation of any law cited under section 201 (a)(1) or (2), or to have committed another prohibited personnel practice that was revealed in the investigation of a complaint alleging a violation of any of the laws cited under section 201(a)(1) or (2). Furthermore, the No FEAR Act requires that each agency report the number of employees disciplined in accordance with such policy and the specific nature of the disciplinary action.
The NRC's antidiscrimination policy provides for appropriate disciplinary action to be taken against any employee found to have discriminated against an individual or to have engaged in other prohibited personnel actions, including retaliation for lawful whistleblowing activities or for exercising an appeal; complaint, or grievance. During FY 2023, 32 claims of antiharassment policy violations were filed, which resulted in no findings. The most alleged bases under the agency's antiharassment program were race and sex (gender).
VII. No FEAR Act Training Plan The NRC adheres to the requirements of the No FEAR Act by providing biennial training for all its employees. An agencywide message is issued to all employees announcing the training cycle, which for this reporting period was 2023. In addition, the NRC issues its No FEAR Act Notice annually to all employees through the agency's internal websites to inform them of the available rights and protections under Federal antidiscrimination and whistleblower pr9tection laws.
The NRC revised its No FEAR Act training in 2023 to clarify changes to the EEOC case law and 8
whistleblower provisions. SBCR examined trends and incorporated information in the revised biennial No FEAR Act training course on issues relating to harassment, reprisal/retaliation, and reasonable accommodation. For FY 2024, the NRC will be administering No FEAR Act training to all its employees, including managers, supervisors, and team leaders, with an established goal of a 99 percent completion rate. The NRC will continue to track and monitor the number of employees completing this training and will issue notifications to those who have not completed it within the mandatory training cycle. All new NRC employees are advised during their new employee orientaUon program of the requirement to complete their No FEAR Act training within 90 days of onboarding.
VIII. Trends, Analysis, and Practical Knowledge Section 203(a)(7) of the No FEAR Act requires each agency to examine trends, causal analyses, practical knowledge gained through experience, and any actions completed or planned to improve its complaint or civil rights program.
In reaffirming the NRC's unwavering commitment to the principles of EEO, DEIA, and the elimination of unlawful discrimination, harassment, and reprisal/retaliation in the workplace, SBCR briefed the Commission on the "State of the EEO Program" by providing awareness of issues and trends and solicited Commission perspectives and recommendations for strengthening the agency's EEO program. Despite the spike in EEO complaint activity during the FY 2019 and FY 2020 reporting periods, the agency's complaint activity has been consistently stable and low in more recent years compared to that for other Federal agencies of similar size.
As shown in its annual EEOC Form 462 reporting for FY 2023, the agency's EEO complaint activity remained stable for precomplaints (informal), from 22 in FY 2022 to 21 in FY 2023, and for formal complaints, from 14 in FY 2022 to 15 in FY 2023.
SBCR continues to be a resilient and collaborative resource to the agency. In FY 2023, SBCR's outreach efforts in supporting the agency's EEO program included (1) hosting EEO and diversity training for managers, supervisors, and team leaders with OGC and OCHCO on affirmative employment, DEIA, merit system principles and prohibited personnel practices, unconscious/implicit bias, reasonable accommodation, harassment, the EEO complaint process, and ADR, (2) conducting lunch-n-learns on various topics related to EEO and civil rights, (3) leveraging advanced technology by maintaining a web-based EEO case management system (Entellitrak) and the NRC EEO e-File Secure Portal, (4) issuing the EEO and ADRpolicy statements endorsed by the Chair, (5) leading the way as ambassadors in promoting the use of inclusive language throughout the agency, (6) revising policy guidance on the use of official time in the EEO complaint process, (7) keeping the newly designed EEO program poster and EEO complaint process flow chart up to date on a regular basis, and (8) sponsoring two DIALOGUE cohorts by offering participants a community to address diversity concerns in a safe environment that develops diverse relationships. The NRC's DIALOGUE initiative is designed to facilitate an increase in participants' self-awareness, expanded perceptions, and capacity for empathy. Building on other NRC initiatives like "Behavior Matters," DIALOGUE cultivates an organizational climate in which employees respect, appreciate, and value individual differences.
Reprisal (retaliation), race, sex, disability, and agewere the most cited bases for NRC formal complaints for FY 2023, constituting approximately 75 percent of the formal complaint filings.
Reprisal/retaliation continues to be the most asserted basis (generally those having prior EEO activity or opposition to an employment policy or practice) over the past few years.
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Harassment (nonsexual), terms and conditions of employment, religious accommodations, performance appraisal, and promotion/nonselection were the most common issues identified in the formal complaints filed in FY 2023. As such, the NRC continues to work with its partners in OCHCO, OGC, and OIG to cultivate a workplace that is free from all forms of harassing behavior and misconduct, discrimination, and retaliation.
Of the seven total investigations completed in FY 2023, one was untimely ( completed in 182 days and just shy of the 180-day timeframe ), as it was not processed within the EEOC regulatory timeframes. However, the agency's average processing time for investigations decreased from 231 calendar days in FY 2022 to 184 calendar days in FY 2023. At the end of FY 2023, seven complaints were pending investigation. The agency will continue to improve its internal control measures to ultimately meet the regulatory timeframes for completing investigations.
In addition, the NRC continues to focus on collecting and analyzing workforce data to comply with the EEOC's guidelines for a model EEO program, particularly by incorporating mechanisms for identifying triggers, analyzing barriers, and developing action plans to eliminate barriers.
In accordance with EEOC Management Directive 715, the NRC routinely conducts barrier analyses in which it evaluates groups that show low participation rates in the workforce, focusing on promotions, separations, awards, and developmental opportunities.
SBCR continues to interact with other Federal agencies, the Federal EEO and Civil Rights Council, and the Small Agency Council to gain and share knowledge and best practices in EEO, civil rights, and DEIA.
IX.
Conclusion The NRC's meaningful and measurable accomplishments highlighted in this report are due, in part, to the No FEAR Act and related training, as well as strong and clear policy statements on EEO, ADR, DEIA, antiharassment, whistleblower rights, and reasonable accommodation procedures. The inclusive and innovative aspects of the agency's work environment are areas*
where the NRC has made great progress and will continue to empower one another through improved education, increased and shared awareness, and by staying true to the core values and mission of the NRC. Additionally, the NRC offers annual EEO and diversity training for managers, supervisors, and team leaders, and periodic antiharassment training to its entire workforce. The NRC will continue to report on its commitment to merit systems principles and to protect all employees from prohibited personnel practices under the law.
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