[Federal Register: July 20, 2006 (Volume 71, Number 139)]
[Rules and Regulations]
[Page 41095-41099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy06-1]
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Rules and Regulations
Federal Register
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[[Page 41095]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 724
RIN 3206-AK38
Implementation of Title II of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002--Notification &
Training
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to carry out the notification and training requirements of
the Notification and Federal Employees Antidiscrimination and
Retaliation Act of 2002 (No FEAR Act). This rule will implement the
notice and training provisions of the No FEAR Act.
DATES: Effective September 18, 2006.
FOR FURTHER INFORMATION CONTACT: Gary D. Wahlert by telephone at (202)
606-2930; by FAX at (202) 606-2613; or by e-mail at NoFEAR@opm.gov.
SUPPLEMENTARY INFORMATION:
Background
The United States and its citizens are best served when the Federal
workplace is free of discrimination and retaliation. In order to
maintain a productive workplace that is fully engaged with the many
important missions before the Government, Congress noted that it is
essential that the rights of employees, former employees and applicants
for Federal employment under Federal antidiscrimination and
whistleblower protection laws be steadfastly protected. Congress also
stated that agencies cannot be run effectively if those agencies
practice or tolerate discrimination. Congress has found that
notification of present and former Federal employees and applicants for
Federal employment of their rights under antidiscrimination and
whistleblower protection laws, combined with training of current
employees, should increase Federal agency compliance with the laws.
Congress entrusted the President with the authority to promulgate rules
to carry out this title, and the President, in turn, delegated to OPM
the authority to issue regulations to implement the notification and
training provisions of Title II of the No FEAR Act, Public Law 107-174.
These regulations carry out that authority.
Introduction
On February 28, 2005, OPM published at 70 FR 9544 (2005) a proposed
rule implementing the notification and training provisions of the No
FEAR Act and providing a 60-day comment period. On May 26, 2005, OPM at
70 FR 30380 (2005) extended the comment period to June 28, 2005. OPM
received 18 comments from Federal agencies or departments, 6 comments
from union representatives, and 15 comments from others, including the
No FEAR Coalition. OPM commends and thanks all who have provided
comments on this important topic, and OPM has carefully considered each
comment.
Comments on Definitions
The proposed regulations defined the following terms that are used
in the regulations: ``antidiscrimination laws,'' ``whistleblower
protection laws,'' ``notice,'' and ``training.''
Several commenters suggested that the definition of
antidiscrimination laws be expanded to cover matters under 5 U.S.C.
2302(b)(10) in order to include discrimination on the basis of sexual
orientation as a form of prohibited discrimination under the No FEAR
Act. Some stated that Executive Order 13087 (amending Executive Order
11478, ``Equal Employment Opportunity in the Federal Government'')
prohibits discrimination on the basis of sexual orientation. OPM notes
that the No FEAR Act does not directly refer to 5 U.S.C. 2302(b)(10) as
a law covered by the Act or refer to Executive Order 13087 (or 11478)
as being covered by the Act. The regulations address those matters
directly identified in the No FEAR Act. Therefore, the suggestion is
not adopted.
Several commenters suggested that the definition of whistleblower
protection laws be expanded to cover whistleblower protections under
other laws, e.g., Clean Air Act, Safe Drinking Water Act, and others.
The No FEAR Act does not directly refer to whistleblower protections
other than those established by the Whistleblower Protection Act of
1989, as amended. Again, the regulations address those matters directly
identified in the No FEAR Act. Thus, the suggestion is not adopted.
Comments on Notification Obligations
The proposed regulations prescribed the ``time, form, and manner''
of the notices to employees, former employees, and applicants as
required by section 202 of the No FEAR Act. The proposal included model
paragraphs for agencies to use and proposed the time frames for the
notification process.
Several commenters asked that OPM clarify what is meant by ``former
employee'' in terms of agencies' obligation to notify former employees
about their rights under Federal antidiscrimination and whistleblower
protection laws. In this regard, the commenters wanted to know how long
after an employee left an agency would it be until the agency's
obligation to notify him or her expires. OPM notes that the No FEAR Act
makes no distinction about former employees and when they are to be
notified, that is, there is no time limitation on former employees'
rights to be notified under the Act. OPM also notes, however, that the
proposed rule did not require agencies to contact former employees and
applicants individually but could provide notice though other means,
e.g., posting a notice on agencies' Web sites. The final rule has been
revised to make this clearer by requiring that the initial notice be
published in the Federal Register and the same notice be posted on each
agency's Web site.
Several commenters requested a clearer explanation of agency notice
obligations and how they are to meet them. Some commenters requested
that the regulations clarify agency responsibilities to post notices
through the Federal Register process. One commenter suggested that OPM
post a government-wide notice through this process on behalf of all
agencies. OPM notes that the Federal Register process
[[Page 41096]]
was identified as an approved means to meet notification obligations
under the Act in those cases where the agency does not have a Web site
and the regulations have been clarified in this regard. Because the
notice obligation rests with individual agencies, however, OPM declines
to adopt the suggestion that OPM post a government-wide notice. At a
minimum, agencies are required to include in their notices the text
required by these regulations but may also add additional text in light
of their individual agency circumstances. The final regulation also
draws distinctions between the notice for employees and notice for
former employees and applicants. Finally, one commenter asked whether a
single posting on an agency's Internet Web site would meet the initial
notification requirements of section 724.202(e) of the proposed rule.
OPM's response is that it would not. The final rules require that all
agencies' initial notices be published in the Federal Register. In
addition, all agencies with Web sites are required to place the same
notices on their sites where they are to remain until replaced or
revised.
Several commenters suggested that agencies be afforded discretion
and flexibility to modify the proposed model notice language to fit
their needs rather than be required to use the model language verbatim.
Because the notice obligation applies governmentwide, OPM believes that
the required information established by these regulations should be
consistent governmentwide. This would eliminate any confusion that
might be created if content varied from agency to agency. Therefore,
OPM does not adopt the suggestion and agencies are required to use the
model language contained in the regulations. While the required
information would be consistent governmentwide, OPM notes that agencies
have the authority under the regulations to provide additional
information within the notice. One commenter noted that the proposed
section 724.202(f) would require agencies to provide a notice in
alternative, accessible formats if requested by employees, former
employees and applicants. The commenter was concerned that this might
be read to impose requirements beyond those covered in section 508 of
the Rehabilitation Act of 1973, as amended. OPM notes that section 508
is limited to electronic materials and the regulations address other
materials such as (non-electronic) written notices. Therefore, OPM has
not deleted the section but has modified it to state that agencies are
obligated to provide requested notices in alternative, accessible
formats to the extent required by law.
Several commenters suggested that the model language describing the
bases for prohibited discrimination be expanded to include sexual
orientation. As noted previously in discussing the definition of
antidiscrimination laws, OPM has decided not to expand the regulations
beyond the express terms of the No FEAR Act; thus the suggestion is not
adopted. Similar suggestions that the model language include references
to types of whistleblowing other than that protected by the
Whistleblower Protection Act of 1989, as amended, are not adopted
because OPM has decided not to expand the regulations as previously
discussed.
One commenter suggested as unnecessary the last sentence in the
``Disciplinary Actions'' portion of the model language that states
agencies may not take unfounded disciplinary actions. OPM believes it
is important to state clearly that the No FEAR Act does not change
existing laws with respect to taking disciplinary actions. As the No
FEAR Act states in section 102, increased accountability under the Act
is not furthered ``by taking unfounded disciplinary actions against
managers or by violating the procedural rights of managers.'' Thus, OPM
does not adopt the suggestion.
OPM also made a technical change to the ``Disciplinary Actions''
portion of the model language to clarify the circumstances in which
disciplinary action may be appropriate. Accordingly, the final rule
states that employees may be disciplined for conduct inconsistent with
Federal antidiscrimination and whistleblower protection laws.
Several commenters requested clarification of the relationship of
the No FEAR Act notification process to the Office of Special Counsel
(OSC) certification program which calls for agencies to inform
employees about their whistleblower protection rights. During the
development of the proposed regulations, OPM consulted OSC on this
issue and we agreed there is overlap between the two notification
programs, with the No FEAR Act notification obligation being broader.
As a result, a properly completed notice under the No FEAR Act might
also meet that agency's obligations under OSC's certification program.
Agencies are cautioned, however, to verify with OSC that their specific
No FEAR notification process in fact does meet the requirements of the
OSC's program. An agency's OSC-approved notice that includes the
minimum model language in these regulations would satisfy the
notification requirements of the No Fear Act.
One commenter suggested that the proposed model language stating
that ``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'' is in error.
The commenter asserted that allegations of discrimination cannot be
addressed by an agency's administrative grievance procedure. While
OPM's former rules on administrative grievance procedures prohibited
such coverage, OPM eliminated that restriction ten years ago (see 60 FR
47040, September 11, 1995), and some agencies do provide for such
coverage in their administrative grievance procedure.
Comments on Training Obligations
The proposed regulations prescribed the requirements for Federal
agencies to provide training under section 202 of the No FEAR Act to
all their employees regarding their rights and remedies under Federal
antidiscrimination and whistleblower protection laws. The proposed
regulations called for agencies to develop written plans for meeting
their training obligations under the Act and prescribed time limits for
providing the training.
A commenter noted that some of the time frames in the regulations
were expressed in ``business days'' while others used ``calendar days''
and suggested that the final rule use consistent terminology. OPM
agrees that consistency within the regulations promotes better
understanding and therefore adopts the suggestion. As a result, the
time frames in the final regulations have been modified to use the term
calendar days in all cases and the number of calendar days adjusted to
reflect a comparable amount of actual time as proposed, e.g., 90
calendar days instead of 60 business days.
One commenter suggested that the word ``content'' be replaced in
section 724.203(b) of the proposed regulations concerning training
plans because the ``content'' of training is already set by the No FEAR
Act itself, i.e., training on the rights and remedies available under
the Antidiscrimination Laws and Whistleblower Protection Laws. OPM
agrees and adopts the suggestion, changing ``content'' to ``training
materials'' as a necessary element to be described in each agency's
training plan.
In another reference to the content of agency training, a second
commenter noted that section 102(5)(B) of the No FEAR Act provides that
``Federal
[[Page 41097]]
agencies should ensure that managers have adequate training in the
management of a diverse workforce and in dispute resolution and other
essential communication skills.'' This provision is part of a number of
items in the Act reflecting the ``Sense of Congress''; however, this
language is not repeated in the Act's section 202(c) which
independently prescribes the content of agency training. Training on
dispute resolution and communications skills, for example, may be
beneficial, and agencies are free to include such topics in their
training programs. Such topics are not, however, required under the Act
and OPM declines to require such training as part of agencies'
obligation to train employees on the rights and remedies available
under the Antidiscrimination Laws and Whistleblower Protection Laws.
In addition to the above specific issues, a number of commenters
suggested that OPM review and/or approve agency training programs,
provide an oversight/enforcement mechanism on training, and receive
periodic reports from agencies. Some commenters suggested that the No
FEAR Coalition be a part of an OPM review process of agency training
plans. OPM notes that under section 724.302(a)(9) of the proposed rule,
each agency will be required to report on their written plan developed
under 724.203(a) of this final rule. Copies of the agency's report will
be provided to Members of Congress, the Chair of the EEOC, the Attorney
General and the Director of OPM. This reporting mechanism will provide
an appropriate level of oversight; therefore the suggestions are not
adopted.
Several commenters suggested that the Equal Employment Opportunity
Commission and the Office of Special Counsel develop training programs
that agencies could use to meet their training obligations. OPM notes
that the No FEAR Act did not task these agencies with that
responsibility, and OPM will not do so. Agencies, however, may seek
assistance and information from these agencies.
One commenter recommended that the final rule clarify that, while
agencies are required to train their employees, this requirement does
not extend to contract employees. OPM believes that the language is
clear on its face that only current Federal employees are to be
trained; thus OPM does not adopt the recommendation.
One commenter suggested that OPM require agencies to conduct face-
to-face training as opposed to other types of training, e.g., computer-
based training. OPM has determined that it is best left to agencies to
decide the most appropriate method(s) of training for their employees.
OPM therefore declines to adopt this suggestion.
One commenter noted that the proposed regulations appeared to
require agencies to incorporate No FEAR Act training into their new
employee orientation programs if they have such programs. While
agencies may do so (and OPM believes this may be an efficient vehicle
for agencies to meet their training obligations), OPM did not intend to
prevent agencies from conducting other training for new employees
outside of the orientation process. OPM's intent instead is to ensure
that if training is not done during a new employee orientation, it is
completed within 90 calendar days after an employee enters on duty.
Therefore, OPM has modified the regulation to clarify that agencies may
train new employees on the rights and remedies under Federal
antidiscrimination and whistleblower protection laws using new employee
orientation programs or other training programs as long as the
applicable training program is completed within 90 calendar days after
an employee enters on duty.
Many commenters expressed concern about the proposed requirement
that agencies complete initial training of their employees under the No
FEAR Act by September 30, 2005. Their concerns include the logistics of
training large numbers of employees in a short time, the burden on
small agencies with limited resources, and the Federal budget request
cycle. A number of commenters suggested that September 30, 2006, would
be a more feasible date for completing initial training. One commenter
suggested moving the initial training date to 2007. Other commenters,
including the No FEAR Coalition, however, expressed their deep concern
about the amount of time already expended in developing the regulations
governing training. In balancing these concerns, OPM notes the
importance Congress has attached to the training obligation, and
concludes that it is imperative that agencies be allowed sufficient
time to develop and deliver to employees the quality training that they
deserve and to which they are entitled under the Act. Therefore, OPM
has decided to require that initial training be completed within 90
days of the effective date of these regulations.
Several commenters expressed concern about the proposed rule's
requirement for a two-year training cycle after the initial training is
completed. Some recommended no additional training and another
recommended a five-year cycle. OPM has taken into account comments on
the initial training, e.g., the logistics of training large numbers of
employees, the burdens on small agencies, and the Federal budget
request cycle. OPM believes, however, that on-going training is
essential to maintaining a workforce that is knowledgeable about its
rights and remedies under these laws. Accordingly, OPM is retaining the
two-year training cycle as proposed.
Miscellaneous Comments
One commenter suggested that OPM issue regulations concerning the
discipline of employees for violations of Federal antidiscrimination
and whistleblower protection laws. OPM notes that section 204 of Title
II of the No FEAR Act requires the President or his designee (OPM) to
conduct a study of agency best practices in taking such disciplinary
actions and then to develop advisory guidelines for agencies to follow
in taking action. Because the No FEAR Act (through delegation by the
President) already assigns this similar responsibility to OPM, the
suggestion is not adopted.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the
regulations pertain only to Federal employees and agencies.
E.O. 12866, Regulatory Review
This final rule has been reviewed by the Office of Management and
Budget under Executive Order 12866.
E.O. 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
E.O. 12988, Civil Justice Reform
This regulation meets the applicable standard set forth in sections
3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were
[[Page 41098]]
deemed necessary under the provisions of the Unfunded Mandates Reform
Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 5 CFR Part 724
Administrative practice and procedure, Civil rights, Claims.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM amends part 724 of title 5, Code of Federal
Regulations, as follows:
PART 724--IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND
FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002
0
1. The authority citation for part 724 continues to read as follows:
Authority: Sec. 204 of Public Law 107-174; Presidential
Memorandum dated July 8, 2003, ``Delegation of Authority Under
Section 204(a) of the Notification and Federal Employee
Antidiscrimination Act of 2002.''
Subpart A--Reimbursement of Judgment Fund
0
2. In Sec. 724.102 of subpart A, add new definitions for
Antidiscrimination Laws, Notice, Training, and Whistleblower Protection
Laws in alphabetical order to read as follows:
Sec. 724.102 Definitions.
* * * * *
Antidiscrimination Laws refers to 5 U.S.C. 2302(b)(1), 5 U.S.C.
2302(b)(9) as applied to conduct described in 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.
* * * * *
Notice means the written information provided by Federal agencies
about the rights and protections available under Federal
Antidiscrimination Laws and Whistleblower Protection Laws.
* * * * *
Training means the process by which Federal agencies instruct their
employees regarding the rights and remedies applicable to such
employees under the Federal Antidiscrimination Laws and Whistleblower
Protection Laws.
Whistleblower Protection Laws refers to 5 U.S.C. 2302(b)(8) or 5
U.S.C. 2302(b)(9) as applied to conduct described in 5 U.S.C.
2302(b)(8).
0
3. A new subpart B to Part 724 is added to read as follows:
Subpart B--Notification of Rights and Protections and Training
Sec.
724.201 Purpose and scope.
724.202 Notice obligations.
724.203 Training obligations.
Sec. 724.201 Purpose and scope.
(a) This subpart implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
concerning the obligation of Federal agencies to notify all employees,
former employees, and applicants for Federal employment of the rights
and protections available to them under the Federal Antidiscrimination
Laws and Whistleblower Protection Laws. This subpart also implements
Title II concerning the obligation of agencies to train their employees
on such rights and remedies. The regulations describe agency
obligations and the procedures for written notification and training.
(b) Pursuant to section 205 of the No FEAR Act, neither that 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).
Sec. 724.202 Notice obligations.
(a) Each agency must provide notice to all of its employees, former
employees, and applicants for Federal employment about the rights and
remedies available under the Antidiscrimination Laws and Whistleblower
Protection Laws applicable to them.
(b) The notice under this part must be titled, ``No FEAR Act
Notice.''
(c) Each agency must provide initial notice within 60 calendar days
after September 18, 2006. Thereafter, the notice must be provided by
the end of each successive fiscal year and any posted materials must
remain in place until replaced or revised.
(d) After the initial notice, each agency must provide the notice
to new employees within 90 calendar days of entering on duty.
(e) Each agency must provide the notice to its employees in paper
(e.g., letter, poster or brochure) and/or electronic form (e.g., e-
mail, internal agency electronic site, or Internet Web site). Each
agency must publish the initial notice in the Federal Register.
Agencies with Internet Web sites must also post the notice on those Web
sites, in compliance with section 508 of the Rehabilitation Act of
1973, as amended. For agencies with components that operate Internet
Web sites, the notice must be made available by hyperlinks from the
Internet Web sites of both the component and the parent agency. An
agency may meet its paper and electronic notice obligation to former
employees and applicants by publishing the initial notice in the
Federal Register and posting the notice on its Internet Web site if it
has one.
(f) To the extent required by law and upon request by employees,
former employees and applicants, each agency must provide the notice in
alternative, accessible formats.
(g) Unless an agency is exempt from the cited statutory provisions,
the following is the minimum text to be included in the notice. Each
agency may incorporate additional information within the model
paragraphs, as appropriate.
Model Paragraphs
No Fear Act Notice
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
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
[[Page 41099]]
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
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
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
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 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).
Sec. 724.203 Training obligations.
(a) Each agency must develop a written plan to train all of its
employees (including supervisors and managers) about the rights and
remedies available under the Antidiscrimination Laws and Whistleblower
Protection Laws applicable to them.
(b) Each agency shall have the discretion to develop the
instructional materials and method of its training plan. Each agency
training plan shall describe:
(1) The instructional materials and method of the training,
(2) The training schedule, and
(3) The means of documenting completion of training.
(c) Each agency may contact EEOC and/or OSC for information and/or
assistance regarding the agency's training program. Neither agency,
however, shall have authority under this regulation to review or
approve an agency's training plan.
(d) Each agency is encouraged to implement its training as soon as
possible, but required to complete the initial training under this
subpart for all employees (including supervisors and managers) by
December 17, 2006. Thereafter, each agency must train all employees on
a training cycle of no longer than every 2 years.
(e) After the initial training is completed, each agency must train
new employees as part of its agency orientation program or other
training program. Any agency that does not use a new employee
orientation program for this purpose must train new employees within 90
calendar days of the new employees' appointment.
[FR Doc. E6-11541 Filed 7-19-06; 8:45 am]
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