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 V.S.C. 2302(b) (1), 29 V.S.C. 206(d),
29 V.S.C.631, 29 V.S.C. 633a, 29 V.S.C.
791 and 42 V.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, 29CFR 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 whistle
blower retaliation, you may file a written
complaint (Form OSC-II) with the U.S.
Office of Special Counsel at 1730 M Street
NW., Suite 2I8, Washington, DC 20036-4505
or online through the OSC Web site, www.osc.gov.
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 HRSA Office of Equal Opportunity
and Civil Rights or the Rockville Human
Resources Center.
Additional information regarding Federal
antidiscrimination, whistleblower protection
and retaliation laws can be found at the
EEOC Web site, www.eeoc.gov
and the OSC Web site, 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 employees, former employees
or applicants under the laws of the United
States, including the provisions of law
specified in 5 U.S.C. 2302 (d).
Date:
7/27/06
Elizabeth
M. Duke, Administrator |