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No FEAR Act Notice
No FEAR Act Notice
On May 15, 2002, Congress enacted the "Notification and Federal
Employee Anti-discrimination 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 anti-discrimination...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
anti-discrimination and retaliation laws.
Anti-discrimination 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 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 ยง 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). 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.
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 anti-discrimination 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 Anti-discrimination 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., Office of Equal Employment Opportunity or Office of General Counsel). CIA's specific anti-discrimination
policies relating to equal employment opportunity and prohibited personnel
practices have been physically and electronically posted throughout the Agency. Additional information regarding Federal
anti-discrimination 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 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).
Posted: Aug 09, 2007 02:22 PM
Last Updated: Aug 05, 2008 11:36 AM
Last Reviewed: Aug 05, 2008 11:36 AM