[Federal Register Volume 71, Number 205 (Tuesday, October 24, 2006)]
[Notices]
[Pages 62260-62261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17730]


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FEDERAL RESERVE SYSTEM


No FEAR Act

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice.

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SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is publishing this notice in accordance with Section 202 of the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (No FEAR Act) and the regulations thereunder issued by the 
Office of Personnel Management concerning notice and training.

EFFECTIVE DATE: October 24, 2006.

FOR FURTHER INFORMATION CONTACT: Joanne D. Kee, Counsel (202/452-2067), 
Legal Division, Board of Governors of the Federal Reserve System, 20th 
Street and Constitution Avenue, NW., Washington, DC 20551. Users of 
Telecommunication Device for Deaf (TDD) only, call 202/263-4869.

SUPPLEMENTARY INFORMATION: By final rule effective September 18, 2006, 
and consistent with Section 202 of the No FEAR Act, the Office of 
Personnel Management (OPM) issued regulations concerning Federal 
agencies' obligation to notify employees, former employees, and 
applicants of their rights under the antidiscrimination laws referenced 
in Section 201(a) of the No FEAR Act. Specifically, pursuant to 5 CFR 
724.202(c) and (e), agencies must provide their initial notice to such 
persons by publishing the initial notice in the Federal Register by 
November 17, 2006.

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.'' 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 the Board of Governors of the Federal Reserve 
System (Board) to provide this notice to its employees, former 
employees, and applicants for employment to inform you of the rights 
and protections available to you under Federal antidiscrimination laws.

Antidiscrimination Laws

    The Board 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, or 
disability. Discrimination on these bases is prohibited by one or more 
of the following statutes: 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 Board. See Rules Regarding Equal 
Opportunity, 12 CFR part 268. 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.

Retaliation for Engaging in Protected Activity

    The Board cannot retaliate against an employee or applicant because 
that individual exercises his or her rights under any of the Federal 
antidiscrimination 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 section (above) in order to pursue any legal 
remedy.

[[Page 62261]]

Disciplinary Actions

    Under the existing laws, the Board retains the right, where 
appropriate, to discipline an employee for conduct that is inconsistent 
with Federal Antidiscrimination Laws up to and including removal. 
Nothing in the No FEAR Act alters existing laws or permits an agency to 
take unfounded disciplinary action against an employee or to violate 
the procedural rights of an 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 the appropriate office within the 
Board (the EEO Programs office). Additional information regarding 
Federal antidiscrimination and retaliation laws can be found at the 
EEOC Web site--http://www.eeoc.gov, and the EEO Programs Office Web 
page (accessible by current employees only through Inside the Board).

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.

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Board's Administrative Governor under 
delegated authority, October 18, 2006.
Jennifer J. Johnson,
Secretary of the Board.
 [FR Doc. E6-17730 Filed 10-23-06; 8:45 am]
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