[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59843-59844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8588]


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OVERSEAS PRIVATE INVESTMENT CORPORATION


No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' commonly 
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 the Overseas Private Investment Corporation 
(OPIC) to provide this notice to OPIC employees, former OPIC employees 
and applicants for OPIC employment to inform you of the rights and 
protections available to you under Federal antidiscrimination, 
whistleblower protection and retaliation laws.

Federal Antidiscrimination Laws

    OPIC 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. 663a, 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 OPIC 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 personnel action, before you 
can file a formal complaint of discrimination with OPIC., 29 CFR 
1614.105(a).
    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 file a civil 
action in a United States District Court within 180 days of the alleged 
discriminatory action. 29 CFR 1614.201. The notice of intent to sue 
must be provided to the U.S. Equal Employment Opportunity Commission 
(EEOC) at least 30 days before actually filing the civil action. The 
notice must be sent to: Director, Office of Federal Operations, EEOC, 
P.O. Box 19848, Washington, DC 20036.
    Federal agencies also are prohibited from discriminating against 
employees because of their marital status or political affiliation, and 
employees who raise such allegations may file a written complaint with 
the U.S. Office of Special Counsel (OSC). This right does not extend to 
OPIC employees or applicants for OPIC employment because OPIC is a 
Federal corporation and is thus excluded by statute. 5 U.S.C. 
2302(a)(2)(C)(i). However, as an alternative, if you are alleging 
discrimination based on marital status or political affiliation, you 
may file a grievance through OPIC's administrative or negotiated 
grievance procedures, to the extent such procedures apply and are 
available.

Whistleblower Protection Laws

    An OPIC 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.
    Additionally, the statute protects any disclosure to the Special 
Counsel, or to the Inspector General of an agency or another employee 
designated by the head of the agency to receive such disclosures, of 
information which the employee or applicant reasonably believes 
evidences--(i) a violation of any law, rule, or regulation, or (ii) 
gross mismanagement, a gross waste of funds, an abuse of authority, or 
a substantial and specific danger to public health or safety.
    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

    OPIC cannot retaliate against an employee or applicant because the 
individual exercises his or her rights under any of the Federal 
antidiscrimination or whistleblower protections laws listed above, 
except as otherwise noted with respect to marital status and political 
affiliation discrimination. If you believe that you are the victim of 
retaliation for engaging in protected activity, you must follow, as 
appropriate, the procedures described

[[Page 59844]]

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, OPIC retains the right, where appropriate, 
to discipline a Federal employee who has engaged in discriminatory or 
retaliatory conduct, up to and including removal. If the Office of 
Special Counsel has initiated an investigation under 5 U.S.C. 1214 
(``Investigation of prohibited personnel practices; corrective 
action''), however, according to 5 U.S.C. 1214(f), OPIC 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 regulations, refer to 
OPIC's EEO Office, Human Resources Management or the Department of 
Legal Affairs. 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).

William L. Garrett,
EEO Director.
[FR Doc. 06-8588 Filed 10-10-06; 8:45 am]
BILLING CODE 3210-01-M