[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65838-65839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-132]
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NATIONAL SCIENCE FOUNDATION
No FEAR Act Notice
AGENCY: National Science Foundation.
ACTION: Notice.
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SUMMARY: Notice is hereby given of the National Science Foundation's
notification of employee rights and protections under Federal
[[Page 65839]]
Antidiscrimination Laws and Whistleblower Protection Laws (No FEAR
Act).
DATES: Effective immediately.
ADDRESSES: National Science Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230.
FOR FURTHER INFORMATION CONTACT: Ronald Branch, Director, Office of
Equal Opportunity Programs, (703) 292-8020.
SUPPLEMENTARY INFORMATION: 5 CFR part 724, implementing the notice
provisions of the Notification and Federal Employees Antidiscrimination
and Retaliation Act of 2002 (No FEAR Act), requires that each agency
provide public notification of its initial No FEAR Act Notice to
employees. This notice provides employees, former employees and
applicants notification of their rights and applicable remedies
available to them under the Antidiscrimination Laws and Whistleblower
Protection Laws.
Authority: Public Law 107-174. Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act).
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, Title I,
General Provisions, section 101(1). In support of this purpose,
Congress found that ``agencies cannot be run effectively if those
agencies practice or tolerate discrimination.'' Id.
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
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 the Office of Equal Opportunity
Programs (OEOP) and request a 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 discrimination complaint with the Foundation. See,
e.g., 29 CFR Part 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 the Foundation'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 violation 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
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
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
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, Division of
Human Resource Management or the Office of the 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
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).
Ronald Branch,
Director, Office of Equal Opportunity Programs.
[FR Doc. E6-18981 Filed 11-8-06; 8:45 am]
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