[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56826-56827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15770]



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Part VII





Department of Housing and Urban Development





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 No FEAR Act; Notice

  Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket Number FR-5101-N-01]


No FEAR Act Notice

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

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SUMMARY: HUD is providing notice to all of its employees, former 
employees, and applicants for employment about the rights and remedies 
that are available to them under the Federal antidiscrimination laws 
and whistleblower protection laws. This notice fulfills HUD's 
notification obligations under the Notification and Federal Employees 
Antidiscrimination Retaliation Act (No FEAR Act), as implemented by 
Office of Personnel Management (OPM) regulations.

FOR FURTHER INFORMATION CONTACT: Linda Bradford-Washington, Deputy 
Director, Office of Departmental Equal Employment Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 2134, Washington, DC 20410, telephone (202) 708-3362 (this is not 
a toll-free number). Hearing-or speech-impaired individuals may access 
this number through TTY by calling the toll-free Federal Information 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 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 (the Act). One 
purpose of the Act is to ``require that Federal agencies be accountable 
for violations of antidiscrimination and whistleblower protection 
laws.'' (Pub. L. 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 the Department to inform Federal employees, 
former Federal employees, and applicants for Federal employment of the 
rights and protections available to them 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 the Department. 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, you may be eligible to pursue a discrimination complaint 
by filing a grievance through the Department's administrative or 
negotiated grievance procedures.

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 the Federal 
employee with authority reasonably believes disclosure of information 
by that employee or applicant would violate Federal law, rule, or 
regulation; would uncover gross mismanagement, a gross waste of funds, 
or an abuse of authority; or create 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, 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 and want to pursue any legal remedy, you 
must follow, as appropriate, the procedures described in the 
Antidiscrimination Laws and Whistleblower Protection Laws sections of 
this notice or, if applicable, the Department's administrative or 
negotiated grievance procedures.

Disciplinary Actions

    Under the existing laws, each Federal department and 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 OSC to discipline 
employees for, among other activities, engaging in prohibited 
retaliation. Nothing in the No FEAR Act alters existing laws or permits 
a department or agency to take unfounded disciplinary action against a 
Federal employee or former employee, or to violate the procedural 
rights of a Federal employee or former 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 HUD's Office of Departmental Equal 
Employment Opportunity. Additional information regarding Federal 
antidiscrimination and whistleblower protection laws can be found at 
the EEOC Web site at http://www.eeoc.gov and the OSC Web site at 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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    Dated: September 18, 2006.
Linda Bradford-Washington,
Deputy Director for the Office of Departmental Equal Employment 
Opportunity.
[FR Doc. E6-15770 Filed 9-26-06; 8:45 am]
BILLING CODE 4210-67-P