Equal Employment Opportunity Data Posted Pursuant to the No Fear Act: Appeals

Pursuant to the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (the No Fear Act), Pub. L. 107-174, the Commission is posting the statistical data pertaining to appeals of complaints of employment discrimination filed by employees, former employees, and applicants for employment under 29 CFR Part 1614.

The following table contains the data required by Sections 1614.706(b)(1), (b)(2), and (b)(3) concerning: the number of appeals filed in such fiscal year; the number of individuals filing those appeals; and, the number of individuals who filed two or more of those appeals.

No Fear regulation citation.	Data Element	FY 2021	FY 2022	FY 2023	FY 2024	FY 2025	3rd Q FY 2026
706(b)(1)	No. of Appeals Filed	4,206	4,212	4,343	4,231	3,779	2,729
706(b)(2)	No. of Individuals Filing Appeals	3,714	3,679	3,880	3,818	3,344	2,452
706(b)(3)	No. of Individuals Filing Multiple Appeals	386	395	374	328	338	221

The following table contains the data required by Section 1614.706(b)(4) concerning the number of those appeals raising each of the various bases of alleged discrimination. Because appeals may contain multiple bases, the total number of bases in any fiscal year may exceed the total number of appeals received in that year. In addition, the bases alleged in appeals filed in a given year are not always ascertained and reported in that same year. This occurs in part because the lag time between the filing of an appeal and the receipt of the complaint file from the agency, and because the basis(es) alleged in any particular appeal cannot be identified until an attorney has reviewed the matter while adjudicating the appeal. Accordingly, the Commission does not obtain complete details regarding the bases alleged until the matter is resolved, often in a subsequent reporting year. For these reasons the Commission has updated the number of appeals raising each of the various bases of alleged discrimination for FY 2009 – 2012, and will do so for future reporting periods.

No Fear regulation citation.	Data Element: Number of appeals raising the following bases:	FY 2021	FY 2022	FY 2023	FY 2024	FY 2025	3rd Q FY 2026
706(b)(4)	Race	1,064	1,063	1,097	904	790	355
	Color	486	470	569	465	419	168
	Religion	165	212	238	241	172	74
	Reprisal	1,694	1,733	1,840	1,612	1,418	662
	Sex	1,123	1,143	1,151	988	829	407
	National Origin	395	379	423	382	325	160
	Age	851	862	893	750	643	271
	Disability	1,290	1,415	1,614	1,404	1,255	624
	Genetic Information	14	20	0	20	37	0

The following table contains the data required by Section 1614.706(b)(5) concerning the number of those appeals raising each of the various issues of alleged discrimination. Because appeals may contain multiple bases and issues, the total number of issues or bases in any fiscal year may exceed the total number of appeals received in that year. In addition, the issues alleged in appeals filed in a given year are not always ascertained and reported in that same year. This occurs in part because the lag time between the filing of an appeal and the receipt of the complaint file from the agency, and because the issues alleged in any particular appeal cannot be identified until an attorney has reviewed the matter while adjudicating the appeal. Accordingly, the Commission does not obtain complete details regarding the issues alleged until the matter is resolved, often in a subsequent reporting year. For these reasons the Commission has updated the number of appeals raising each of the various issues of alleged discrimination for FY 2009 – 2012, and will do so for future reporting periods.

No Fear regulation citation.	Data Element: Number of appeals raising the following issues:	FY 2021	FY 2022	FY 2023	FY 2024	FY 2025	3rd Q FY 2026
706(b)(5)	Appointment/Hire	146	208	216	213	208	101
	Assignment of Duties	325	339	475	626	498	157
	Awards	39	54	63	49	49	26
	Conversion to Full-Time	NA	NA	4	3	5	0
	Discipline / Demotion	27	42	34	22	31	8
	Discipline / Reprimand	122	138	137	102	97	37
	Discipline / Suspension	213	174	181	170	156	62
	Discipline / Removal	540	516	579	478	419	177
	Duty Hours	93	135	149	170	137	45
	Evaluation / Appraisal	433	393	426	371	376	123
	Examination / Test	0	5	6	0	2	1
	Harassment - Non-Sexual	1,466	1,555	1,662	1,506	1,362	534
	Harassment - Sexual	88	70	80	84	70	27
	Medical Exam	30	51	26	11	34	0
	Pay / Overtime	230	209	272	244	225	107
	Promotion / Non-Selection	407	386	366	262	169	60
	Reassignment - Denied	138	148	59	46	59	6
	Reassignment - Directed	NA	NA	51	16	38	7
	Reasonable Accommodation	484	524	587	533	456	200
	Reinstatement	4	3	4	3	0	1
	Retirement	9	10	10	4	2	9
	Termination	NA	NA	NA	NA	NA	NA
	Terms, Conditions of Employment	361	363	315	210	85	52
	Time / Attendance	527	558	602	541	525	199
	Training	163	141	140	103	130	64
	Other	1,151	1,334	1,260	727	730	569

The following table contains the data required by Section 1614.706(b)(6) concerning the average length of time it has taken EEOC to issue appellate decisions for all appeals pending for any length of time during such fiscal year; all appeals pending for any length of time during such fiscal year in which a hearing was not requested; and appeals pending for any length of time during such fiscal year in which a hearing was requested.

No Fear regulation citation.	Data Element: Average Processing Time for Appeals:	FY 2021	FY 2022	FY 2023	FY 2024	FY 2025	3rd Q FY 2026
706(b)(6)(i)	All Appeals	298	324	326	313	452	318
706(b)(6)(ii)	Appeals Without a Hearing	237	261	265	244	366	277
706(b)(6)(iii)	Appeals with a Hearing	351	373	383	385	541	359

The following table contains the data required by Section 1614.706(b)(7) concerning the total number of appellate decisions issued during the fiscal year involving a finding of discrimination; the number and percentage that involved a final action by an agency rendered without a hearing; and the number and percentage that involved a final action by an agency after a hearing.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(7)(i)	Findings of discrimination -Total	99		107		78		79		35		34
706(b)(7)(ii)	Findings of discrimination - agency action without hearing	43	43%	40	37%	40	51%	23	29%	27	77%	24	71%
706(b)(7)(iii)	Findings of discrimination - agency action after hearing	56	57%	67	63%	38	49%	56	71%	8	23%	10	29%

The following three tables contain the data required by Section 1614.706(b)(8) concerning the number and percentage of the findings of discrimination based on each respective basis of discrimination; the number and percentage for each respective basis that involved a final action rendered by an agency without a hearing; and the number and percentage for each respective bases that involved a final action rendered by an agency after a hearing.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(8)(i)	Total Findings of Discrimination	99		107		78		79		35		34
	Race	7	7%	17	16%	13	17%	14	18%	5	14%	3	9%
	Color	0	0%	3	3%	5	6%	4	5%	0	0%	0	0%
	Religion	4	4%	1	1%	0	0%	3	4%	3	9%	3	9%
	Reprisal	39	39%	41	38%	31	40%	34	43%	14	40%	17	50%
	Sex	20	20%	17	16%	12	15%	16	20%	8	23%	5	15%
	National Origin	3	3%	0	0%	6	8%	2	3%	0	0%	2	6%
	Age	6	6%	1	1%	5	6%	2	3%	1	3%	0	0%
	Disability	51	52%	62	58%	31	40%	29	37%	15	43%	15	44%
	Genetic Information	1	1%	0	0%	0	0%	0	0%	0	0%	0	0%

Because the EEOC frequently finds discrimination on multiple bases and issues, the percentage of bases and issues to total findings is greater than 100%.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(8)(ii)	Total Findings of Discrimination - Agency Final Action Without a Hearing	43		40		38		23		8		10
	Race	1	2%	7	18%	4	11%	4	17%	1	13%	0	0%
	Color	0	0%	2	5%	1	3%	0	0%	0	0%	0	0%
	Religion	3	7%	1	3%	0	0%	0	0%	1	13%	0	0%
	Reprisal	12	28%	9	23%	12	32%	8	35%	2	25%	5	50%
	Sex	7	16%	5	13%	5	13%	4	17%	3	38%	1	10%
	National Origin	2	5%	0	0%	2	5%	0	0%	0	0%	0	0%
	Age	1	2%	1	3%	2	5%	1	4%	0	0%	0	0%
	Disability	22	51%	26	65%	17	45%	8	35%	3	38%	7	70%
	Genetic Information	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%

Because the EEOC frequently finds discrimination on multiple bases and issues, the percentage of bases and issues to total findings is greater than 100%.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(8)(iii)	Total Findings of Discrimination - Agency Final Action After a Hearing	56		67		40		56		27		24
	Race	6	11%	10	15%	9	23%	10	18%	4	15%	3	13%
	Color	0	0%	1	1%	4	10%	4	7%	0	0%	0	0%
	Religion	1	2%	0	0%	0	0%	3	5%	2	7%	3	13%
	Reprisal	27	48%	32	48%	19	48%	26	46%	12	44%	12	50%
	Sex	13	23%	12	18%	7	18%	12	21%	5	19%	4	17%
	National Origin	1	2%	0	0%	4	10%	2	4%	0	0%	2	8%
	Age	5	9%	0	0%	3	8%	1	2%	1	4%	0	0%
	Disability	29	52%	36	54%	14	35%	21	38%	12	44%	8	33%
	Genetic Information	2	4%	0	0%	0	0%	0	0%	0	0%	0	0%

Because the EEOC frequently finds discrimination on multiple bases and issues, the percentage of bases and issues to total findings is greater than 100%.

The following tables contain the data required by Section 1614.706(b)(9) concerning the number and percentage of the findings of discrimination for each respective issue of discrimination; the number and percentage for each respective issue that involved a final action rendered by an agency without a hearing; and the number and percentage for each respective issue that involved a final action rendered by an agency after a hearing.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(9)(i)	Total Appellate Findings of Discrimination	99		107		78		79		35		34
	Appointment / Hire	2	2%	5	5%	4	5%	1	1%	2	6%	2	6%
	Assignment of Duties	4	4%	1	1%	11	14%	3	4%	0	0%	2	6%
	Awards	0	0%	1	1%	2	3%	0	0%	0	0%	0	0%
	Conversion to Full-Time	NA	NA	NA	NA	0	NA	0	NA	0	NA	0	NA
	Discipline / Demotion	2	2%	0	0%	0	0%	0	0%	0	0%	0	0%
	Discipline / Reprimand	0	0%	2	2%	1	1%	1	1%	1	3%	0	0%
	Discipline / Suspension	0	0%	1	1%	4	5%	1	1%	2	6%	1	3%
	Discipline / Removal	9	9%	10	9%	12	15%	9	11%	6	17%	6	18%
	Duty Hours	0	0%	0	0%	1	1%	0	0%	0	0%	1	3%
	Evaluation / Appraisal	7	7%	6	6%	6	8%	5	6%	0	0%	0	0%
	Examination / Test	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Harassment - Non-Sexual	34	34%	33	31%	23	29%	40	51%	13	37%	12	35%
	Harassment - Sexual	2	2%	3	3%	0	0%	5	6%	2	6%	1	3%
	Medical Exam	4	4%	0	0%	0	0%	2	3%	0	0%	0	0%
	Pay / Overtime	2	2%	1	1%	0	0%	3	4%	1	3%	3	9%
	Promotion / Non-Selection	11	11%	7	7%	12	15%	5	6%	4	11%	0	0%
	Reassignment - Denied	1	1%	4	4%	3	4%	1	1%	1	3%	0	0%
	Reassignment - Directed	NA	NA	NA	NA	1	NA	1	NA	0	NA	0	NA
	Reasonable Accommodation	27	27%	43	40%	23	29%	24	30%	13	37%	12	35%
	Reinstatement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Retirement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Termination	NA	NA	NA	NA	0	NA	0	NA	NA	NA	NA	NA
	Terms, Conditions of Employment	3	3%	4	4%	3	4%	0	0%	1	3%	0	0%
	Time / Attendance	2	2%	5	5%	5	6%	7	9%	1	3%	2	6%
	Training	2	2%	1	1%	1	1%	2	3%	0	0%	1	3%
	Other	18	18%	22	21%	14	18%	19	24%	9	26%	10	29%

Because the EEOC frequently finds discrimination on multiple bases and issues, the percentage of bases and issues to total findings is greater than 100%.

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(9)(ii)	Total Appellate Findings of Discrimination - Agency Final Action Without a Hearing	43		40		38		23		8		10
	Appointment / Hire	0	0%	1	3%	2	5%	1	4%	0	0%	0	0%
	Assignment of Duties	3	7%	0	0%	2	5%	1	4%	0	0%	0	0%
	Awards	0	0%	0	0%	1	3%	0	0%	0	0%	0	0%
	Conversion to Full-Time	NA	NA	NA	NA	0	NA	0	NA	0	NA	0	NA
	Discipline / Demotion	1	2%	0	0%	0	0%	0	0%	0	0%	0	0%
	Discipline / Reprimand	0	0%	0	0%	1	3%	1	4%	0	0%	0	0%
	Discipline / Suspension	0	0%	1	3%	1	3%	1	4%	1	13%	0	0%
	Discipline / Removal	2	5%	2	5%	6	16%	3	13%	1	13%	2	20%
	Duty Hours	0	0%	0	0%	0	0%	0	0%	0	0%	1	10%
	Evaluation / Appraisal	2	5%	2	5%	1	3%	2	9%	0	0%	0	0%
	Examination / Test	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Harassment - Non-Sexual	14	33%	9	23%	9	24%	11	48%	2	25%	2	20%
	Harassment - Sexual	0	0%	1	3%	0	0%	0	0%	0	0%	0	0%
	Medical Exam	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Pay / Overtime	2	5%	1	3%	0	0%	0	0%	1	13%	2	20%
	Promotion / Non-Selection	4	9%	3	8%	4	11%	3	13%	0	0%	0	0%
	Reassignment - Denied	1	2%	1	3%	2	5%	0	0%	0	0%	0	0%
	Reassignment - Directed	NA	NA	NA	NA	0	NA	0	NA	0	NA	0	NA
	Reasonable Accommodation	15	35%	20	50%	14	37%	6	26%	4	50%	6	60%
	Reinstatement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Retirement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Termination	NA	NA	NA	NA	0	NA	0	NA	NA	NA	NA	NA
	Terms, Conditions of Employment	1	2%	1	3%	2	5%	0	0%	1	13%	0	0%
	Time / Attendance	1	2%	3	8%	1	3%	0	0%	0	0%	0	0%
	Training	0	0%	0	0%	1	3%	0	0%	0	0%	0	0%
	Other	7	16%	7	18%	8	21%	1	4%	3	38%	2	20%

No Fear Regulation Citation	Data Element	FY 2021		FY 2022		FY 2023		FY 2024		FY 2025		3rd Q FY 2026
No Fear Regulation Citation	Data Element	#	%	#	%	#	%	#	%	#	%	#	%
706(b)(9)(iii)	Total Appellate Findings of Discrimination - Agency Final Action After a Hearing	56		67		40		56		27		24
	Appointment / Hire	2	4%	4	6%	2	5%	0	0%	2	7%	2	8%
	Assignment of Duties	1	2%	1	1%	9	23%	3	5%	0	0%	2	8%
	Awards	0	0%	1	1%	1	3%	0	0%	0	0%	0	0%
	Conversion to Full-Time	NA	NA	NA	NA	0	NA	0	NA	0	NA	0	NA
	Discipline / Demotion	1	2%	0	0%	0	0%	0	0%	0	0%	0	0%
	Discipline / Reprimand	0	0%	2	3%	0	0%	0	0%	1	4%	0	0%
	Discipline / Suspension	0	0%	0	0%	3	8%	1	2%	1	4%	1	4%
	Discipline / Removal	7	13%	8	12%	6	15%	6	11%	5	19%	4	17%
	Duty Hours	0	0%	0	0%	1	3%	0	0%	0	0%	0	0%
	Evaluation / Appraisal	5	9%	4	6%	5	13%	3	5%	0	0%	0	0%
	Examination / Test	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Harassment - Non-Sexual	20	36%	24	36%	14	35%	29	52%	11	41%	10	42%
	Harassment - Sexual	2	4%	2	3%	0	0%	5	9%	2	7%	1	4%
	Medical Exam	4	7%	0	0%	0	0%	2	4%	0	0%	0	0%
	Pay / Overtime	0	0%	0	0%	0	0%	3	5%	0	0%	1	4%
	Promotion / Non-Selection	7	13%	4	6%	8	20%	2	4%	4	15%	0	0%
	Reassignment - Denied	0	0%	3	4%	1	3%	1	2%	1	4%	0	0%
	Reassignment - Directed	NA	NA	NA	NA	1	NA	1	NA	0	NA	0	NA
	Reasonable Accommodation	12	21%	23	34%	9	23%	18	32%	9	33%	6	25%
	Reinstatement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Retirement	0	0%	0	0%	0	0%	0	0%	0	0%	0	0%
	Termination	NA	NA	NA	NA	0	NA	0	NA	0	NA	0	NA
	Terms, Conditions of Employment	2	4%	3	4%	1	3%	0	0%	0	0%	0	0%
	Time / Attendance	1	2%	2	3%	4	10%	7	13%	1	4%	2	8%
	Training	2	4%	1	1%	0	0%	2	4%	0	0%	1	4%
	Other	11	20%	15	22%	6	15%	18	32%	6	22%	8	33%

Because the EEOC frequently finds discrimination on multiple bases and issues, the percentage of bases and issues to total findings is greater than 100%.

The following table contains the data required by Section 1614.706(b)(10) concerning the total number of appeals pending in the fiscal year that were first filed before the start of the then current fiscal year; and the number of individuals who filed those appeals in earlier years.

No Fear regulation citation.	Data Element	FY 2021	FY 2022	FY 2023	FY 2024	FY 2025	3rd Q FY 2026
706(b)(10)	Total Appeals Pending	3,415	3,524	4,115	5,212	3,680	3,264
706(b)(10)(i)	Pre-FY 2020 pending Appeals	762	638	831	1,998	1,183	1,505
706(b)(10)(ii)	No. of Individuals with Pre-FY 2020 pending appeals	750	637	818	1,987	1,194	1,494

Equal Employment Opportunity Data Posted Pursuant to the No Fear Act: Appeals

U.S. Equal Employment Opportunity Commission

EEOC Headquarters