[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61774-61776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17388]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


No FEAR Act Notice

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: FDIC is publishing notice to inform its employees, former

[[Page 61775]]

employees, and applicants for employment about their rights and 
remedies under the Antidiscrimination Laws and Whistleblower Protection 
Laws applicable to them. Pursuant to Title II of the Notification and 
Federal Employee Antidiscrimination and Retaliation Act, the Office of 
Personnel Management promulgated a final rule in 5 CFR part 724 (71 FR 
41095 (July 20, 2006)), requiring Federal agencies to provide such 
notice.

DATES: Effective immediately.

FOR FURTHER INFORMATION CONTACT: Vincent L. Johnson, Deputy Director, 
Office of Diversity and Economic Opportunity, Federal Deposit Insurance 
Corporation, (703) 562-6092.

I. Background

    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'' (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'' 
(Pub. L. 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.

II. Antidiscrimination Laws

    A Federal agency, including the FDIC, cannot discriminate against 
an employee or an applicant for employment 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 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 in the FDIC's Office of Diversity and Economic Opportunity 
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 FDIC. See, e.g., 29 CFR part 1614. If you 
believe that you have been the victim of unlawful discrimination based 
on age (age 40 and over), you must either contact an EEO counselor as 
noted above or give notice of intent to sue to the U.S. 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, a bargaining unit 
employee may pursue a discrimination complaint by filing a grievance 
under the FDIC-NTEU collective bargaining agreement.

III. Whistleblower Protection Laws

    A Federal employee, including an FDIC 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 violation 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, former employee, or an applicant 
for employment for making a protected disclosure is prohibited by 5 
U.S.C. 2302(b)(8). Additionally, FDIC employees are protected from 
reprisal for whistleblowing activities under 12 U.S.C. 1831j. The 
Inspector General Act (5 U.S.C. Appendix 3, section 7) prohibits 
reprisal against any employee for making a complaint or disclosing 
information to an Inspector General. If you believe that you have been 
a victim of whistleblower retaliation, you may file a written complaint 
(Form OSC-11) with the U.S. Office of Special Counsel (OCS) at 1730 M 
Street NW, Suite 218, Washington, DC 20036-4505 or online through the 
OSC Web site--http://www.osc.gov.

IV. Retaliation for Engaging in Protected Activity

    A Federal agency, including the FDIC, cannot retaliate against an 
employee, former employee, or an applicant for employment 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 FDIC's administrative or 
negotiated grievance procedures in order to pursue any legal remedy.

V. Disciplinary Actions

    Under the existing laws, each agency, including the FDIC, 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, including the FDIC, 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, including the FDIC, 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.

VI. Additional Information

    For further information regarding the No FEAR Act regulations, 
refer to 5 CFR part 724, as well as the FDIC's Office of Diversity and 
Economic Opportunity, the Human Resources Branch in the Division of 
Administration, and the Legal Division. 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.

VII. 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 for employment under the 
laws of the United States, including the provisions of law specified in 
5 U.S.C. 2302(d).


[[Page 61776]]


    Dated at Washington, DC, this 13th day of October, 2006.

    Federal Deposit Insurance Corporation.

Robert E. Feldman,
Executive Secretary.
 [FR Doc. E6-17388 Filed 10-18-06; 8:45 am]
BILLING CODE 6714-01-P