On May 15, 2002, Congress enacted the ``Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002,'' which is now known as the No
FEAR Act. One purpose of the Act is to ``require that Federal agencies be
accountable for violations of antidiscrimination and whistleblower protection
laws.'' Pub. L. 107-174, Summary. In support of this purpose, Congress found
that ``agencies cannot be run effectively if those agencies practice or tolerate
discrimination.'' Pub. L. 107-74, Title I, General Provisions, Section 101(1).
The Act also requires this agency to provide this notice to Federal
employees, former Federal employees and applicants for Federal employment to
inform you of the rights and protections available to you under Federal
antidiscrimination, whistleblower protection and retaliation laws.
Antidiscrimination Laws
A Federal agency cannot discriminate against an employee or applicant with
respect to the terms, conditions or privileges of employment on the basis of
race, color, religion, sex, national origin, age, disability, marital status or
political affiliation. Discrimination on these bases is prohibited by one or
more of the following statutes: 5[[Page 9546]] U.S.C. 2302(b) (1), 29 U.S.C.
206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16.
If you believe that you have been the victim of unlawful discrimination on
the basis of race, color, religion, sex, national origin or disability, you must
contact an Equal Employment Opportunity (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, before you can file
a formal complaint of discrimination with your agency. See, e.g., 29 CFR 1614.
If you believe that you have been the victim of unlawful discrimination on the
basis of age, you must either contact an EEO counselor as noted above or give
notice of intent to sue to the Equal Employment Opportunity Commission (EEOC)
within 180 days of the alleged discriminatory action. If you are alleging
discrimination based on marital status or political affiliation, you may file a
written complaint with the U.S. Office of Special Counsel (OSC) (see contact
information below). In the alternative (or in some cases, in addition), you may
pursue a discrimination complaint by filing a grievance through your agency's
administrative or negotiated grievance procedures, if such procedures apply and
are available.
Whistleblower Protection Laws
A Federal employee with authority to take, direct others to take, recommend
or approve any personnel action must not use that authority to take or fail to
take, or threaten to take or fail to take, a personnel action against an
employee or applicant because of disclosure of information by that individual
that is reasonably believed to evidence violations of law, rule or regulation;
gross mismanagement; gross waste of funds; an abuse of authority; or a
substantial and specific danger to public health or safety, unless disclosure of
such information is specifically prohibited by law and such information is
specifically required by Executive order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
Retaliation against an employee or applicant for making a protected
disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have
been the victim of whistleblower retaliation, you may file a written complaint
(Form OSC-11) or file online with:
U.S. Office of Special Counsel
1730 M Street NW., Suite 218
Washington, DC 20036-4505
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Retaliation for Engaging in Protected
Activity
A Federal agency cannot retaliate against an employee or applicant because
that individual exercises his or her rights under any of the Federal
antidiscrimination or whistleblower protections laws listed above. If you
believe that you are the victim of retaliation for engaging in protected
activity, you must follow, as appropriate, the procedures described in the
Antidiscrimination Laws and Whistleblower Protection Laws sections or, if
applicable, the administrative or negotiated grievance procedures in order to
pursue any legal remedy.
Disciplinary Actions
Under the existing laws, each agency retains the right, where appropriate, to
discipline a Federal employee who has engaged in discriminatory or retaliatory
conduct, up to and including removal. If OSC has initiated an investigation
under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek
approval from the Special Counsel to discipline employees for, among other
activities, engaging in prohibited retaliation. Nothing in the No FEAR Act
alters existing laws or permits an agency to take unfounded disciplinary action
against a Federal employee or to violate the procedural rights of a Federal
employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act regulations, refer to 5 CFR
724, as well as the appropriate offices within your agency (e.g., EEO/civil
rights office, human resources office or legal office). Additional information
regarding Federal antidiscrimination, whistleblower protection and retaliation
laws can be found at www.eeoc.gov and www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice
creates, expands or reduces any rights otherwise available to any employee,
former employee or applicant under the laws of the United States, including the
provisions of law specified in 5 U.S.C. 2302(d). |