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 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 (at
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 above (including, if applicable, 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).
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