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No
FEAR Act Notice
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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.'' Public Law 107-174, Summary.
In support of this purpose, Congress found that "agencies cannot
be run effectively if those agencies practice or tolerate discrimination.''
Public Law 107-174, 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 and whistleblower protection
laws.
ANTIDISCRIMINATION LAWS
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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 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 calendar
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
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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) with the U.S. Office of Special Counsel at 1730 M Street NW.,
Suite 218, Washington, DC 20036-4505 or online through the OSC Web site--http://www.osc.gov.
RETALIATION FOR ENGAGING IN PROTECTED ACTIVITY
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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 protection 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
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Under the existing laws, each agency retains the right, where appropriate,
to discipline a Federal employee for conduct that is inconsistent
with Federal Antidiscrimination and Whistleblower Protection Laws
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
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For further information regarding the No FEAR Act regulations, refer
to 5 CFR part 724, as well as the appropriate offices within the
Foundation (e.g., Office of Equal Opportunity Programs, Human Resource
Management or the Office of General Counsel). Additional information
regarding Federal antidiscrimination, whistleblower protection and
retaliation laws can be found at the EEOC Web site--http://www.eeoc.gov and the OSC Web site--http://www.osc.gov.
EXISTING RIGHTS UNCHANGED
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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).
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