PHMSA - No Fear

No Fear

On May 15, 2002, Congress enacted the "Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,'' Public Law 107-174, 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.'' 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 the U.S. Department of Transportation (DOT) 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.

Federal Agency Requirements

Notify employees and applicants for employment about their rights under the discrimination and whistleblower laws.
Post statistical data relating to Federal sector equal employment opportunity complaints on its public website.
Ensure managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills.
Conduct studies on the trends and causes of complaints of discrimination.
Implement measures to improve the complaint process and the work environment.
Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal.
Reimburse the Judgment Fund for any discrimination and whistleblower related settlements or judgments reach in Federal court.
Produce annual reports of status and progress to Congress, the Attorney General, and the US Equal Employment Commission.