This document sets forth the U.S. Office of Personnel Management's (OPM) training plan, pursuant to the Notification and Federal Antidiscrimination and Retaliation Act of 2002 ("No FEAR Act"), Public Law 107-174, and 5 CFR Part 724.203.
Requirements of the No FEAR Act
Specifically, Section 202(c) of Title II of the No FEAR Act sets forth the following requirement: "Each Federal agency shall provide to the employees of such agency training regarding the rights and remedies applicable to such employees under the [Federal antidiscrimination and retaliation statutes and other legal authority]."
Requirements of 5 CFR Part 724
5 CFR § 724.203(a) requires the following: "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."
5 CFR § 724.203(b) further specifies: "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."
Next, 5 CFR § 724.203(d) requires each agency "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."
Finally, 29 CFR § 724.203(e) sets forth the following requirement: "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."
OPM No FEAR Act Training
OPM has distributed a Power Point presentation to all OPM employees (including executives, managers, and supervisors) providing an overview of the rights and remedies applicable to OPM employees under the Federal antidiscrimination and retaliation statutes and other legal authority. The presentation remains posted to OPM's internal website, accessible to all OPM employees, satisfying the initial training requirement of 5 CFR § 724.203(d).
OPM's Center for EEO participates in all New Employee Orientation sessions conducted by the Center for Human Capital Management Services, providing basic information on the No FEAR Act and directing new employees to the No FEAR Act Power Point presentation posted on OPM's internal website.
OPM's Center for EEO is currently finalizing the implementation of an on-line No FEAR Act training, developed by OPM's GoLearn office, for delivery during 2007. This training will be an annual, mandatory requirement for all OPM employees. The training will take approximately 60 minutes and will enable OPM to electronically track completion through OPM's Learning Management System, in compliance with the recurring training and documentation requirements of 5 CFR §§ 724.203(b) and (d).
Linda M. Springer Date