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Homeland Security No FEAR Act Reporting

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Section 202(a) of the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act, Pub. L. 107-74, Title I, General Provisions, Section 101(1), requires each federal agency to provide written notification of the rights and protections available to federal employees, former federal employees, and applicants for federal employment under federal antidiscrimination and whistleblower laws listed in the No FEAR Act. In support of this environment, Secretary Chertoff issued a memo (PDF, 2 pages - 73 KB) to all Department employees reiterating the Department’s commitment to the No FEAR Act of 2002.

5 CFR 724.202 requires federal agencies to publish this notification in the Federal Register. This Federal Register publication specifically provides notice to the general public that individuals seeking to pursue an EEO complaint must contact a Department of Homeland Security 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.

Pursuant to Title III of the No FEAR Act, federal agencies are required to post quarterly on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies. In compliance with this provision of the No FEAR Act, the Department of Homeland Security posts cumulative statistical data for equal employment opportunity complaints for the entire department. Individual Department agencies have been instructed to post on their own respective public Web sites statistical data for equal employment opportunity complaints that originate in their agencies. A link to data posted by individual Department agencies is provided below. Statistical data for complaints that originate at Homeland Security headquarters is also posted separately. This data is updated on a quarterly basis.

For further information, please contact the Director, Equal Employment Opportunity Programs, Office for Civil Rights and Civil Liberties.

Department of Homeland Security Statistical Data for Equal Employment Opportunity Complaints

Statistical Data for Equal Employment Opportunity Complaints for Individual Homeland Security Agencies

Report

Pursuant to Title II of the No FEAR Act, Federal agencies, no later than 180 days after the end of each fiscal year, are required to submit an annual report to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, each committee of Congress with jurisdiction relating to the agency, the Equal Employment Opportunity Commission, and the Attorney General. The No FEAR Act Annual Report shall have specific information relating to each agency’s EEO complaints activity (including Federal district court cases) and resulting disciplinary actions, Judgment Fund reimbursements, adjustments to agency budgets to meet reimbursement requirements, as well as an analysis of trends, causation, and practical knowledge gained through experience.

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This page was last reviewed/modified on April 21, 2009.