No FEAR
Act Notice | Equal
Employment Opportunity Data |
IMLS Notice in the Federal
Register
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.
Anti-Discrimination 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 C.F.R. Part 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.
Whistle-Blower 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--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, please refer to 5 CFR part 724.
You may also contact the appropriate offices and officers
within the IMLS (e.g., EEO/civil rights officer, human
resources officer), as well as the Institute of Museum
and Library Services’ (IMLS) EEO Counselors located
within the Department of Veterans Affairs’ Office
of Resolution Management -- http://www.va.gov/orm.
Additional information regarding Federal antidiscrimination,
whistleblower protection and retaliation laws can be found
at the EEOC Web site--www.eeoc.gov
and the OSC Web site--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).
- Signed February 10, 2009, by Dr. Anne-Imelda
M. Radice, Director, Institute of Museum and Library Services.
View PDF,
788KB.
Equal Employment
Opportunity Data
Section 301 of the notification and Federal
Employee Anti-Discrimination Act of 2002 (No Fear Act),
requires each federal agency to post summary statistical
data pertaining to complaints of employment discrimination
filed against it by employees, former employees and applicants
for employment under 29 C.F.R. part 1614. the specific
data to be posted is described in section 301(b) of the
Act and 29 C.F.R. 1614.704. The required summary statistical
data for EEO complaints filed against the Institute of
Museum and Library Services is available below.
The posting of EEO data on agency public
web sites is intended to assist Congress, federal agencies
and the public to assess whether and the extent to which
agencies are living up to their equal employment opportunity
responsibilities.
Read the 2008
EEO Report (Excel, 54KB).
IMLS Notice in
the Federal Register
Read the IMLS
Notice (PDF, 57KB). |
