[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Notices]
[Page 66564-66565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-105]
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PENSION BENEFIT GUARANTY CORPORATION
No FEAR Act Notice
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice.
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SUMMARY: The Pension Benefit Guaranty Corporation is publishing this
notice under the Notification and Federal Employees Antidiscrimination
and Retaliation Act of 2002 (the ``No FEAR Act''), to inform current
employees, former employees, and applicants for PBGC employment of the
rights and remedies available under federal antidiscrimination and
whistleblower protection laws.
FOR FURTHER INFORMATION CONTACT: Steven A. Weiss, Senior Counsel,
Legislative and Regulatory Department, 202-326-4223 x3727, or Lori
Bledsoe, EEO Manager, Office of the Director, 202-326-4180 x3345,
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington,
DC 20005, (TTY/TDD users may call the Federal relay service toll-free
at 1-800-877-8339 and ask to be connected to 202-326-4024.)
SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the
``Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002,'' 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. 107-174, Title I, General
Provisions, section 101(1).]
The Act also requires the PBGC to provide this notice to Federal
employees, former federal employees and applicants for Federal
employment to inform them of the rights and protections available under
Federal antidiscrimination and whistleblower protection laws. In
addition, the Act requires agencies to train all of its employees about
the rights and remedies available to them under applicable
antidiscrimination and whistleblower 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 Equal Employment Opportunity
(EEO) counselor or the EEO Office 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 PBGC. 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 contact either an EEO
counselor or the EEO Office 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, to the extent that 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
[[Page 66565]]
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 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).
Issued in Washington, DC, this 8th day of November, 2006.
Vincent K. Snowbarger,
Interim Director, Pension Benefit Guaranty Corporation.
[FR Doc. E6-19247 Filed 11-14-06; 8:45 am]
BILLING CODE 7709-01-P