[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62472-62473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17847]


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OFFICE OF GOVERNMENT ETHICS


No FEAR Act Notice

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics is publishing this notice 
under the ``Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002,'' which is known as the No FEAR Act, to inform 
current employees, former employees, and applicants for OGE employment 
of the rights and protections available to them under Federal 
antidiscrimination, whistleblower protection and retaliation laws.

FOR FURTHER INFORMATION CONTACT: Vincent J. Salamone, Associate General 
Counsel, Office of General Counsel and Legal Policy, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917; OGE Internet E-mail: [email protected] (for E-mail messages, 
the subject line should include the following reference--``No FEAR Act 
Notice''); Telephone: 202-482-9274; TDD: 202-482-9293; FAX: 202-482-
9237. A copy of the No FEAR Act Notice will be posted on OGE's Web site 
(http://www.usoge.gov). Persons who cannot access this No FEAR Act 
notice through the Internet may request a paper or electronic copy by 
contacting Mr. Salamone at the address, E-mail address, telephone 
numbers, or FAX number listed above.

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. One purpose of 
the Act is to require that Federal agencies be accountable for 
violations of antidiscrimination and whistleblower protection laws. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Public Law 107-174, Section 101(1), 116 Stat. 566. The Act also 
requires this Agency to provide this notice to Federal employees, 
former Federal employees and applicants for Federal employment to 
inform them of the rights and protections available to them under 
Federal antidiscrimination, whistleblower protection, and retaliation 
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 your agency. See, e.g., 29 CFR part 
1614. 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) at 1730 
M Street, NW., Suite 218, Washington, DC 20036-4505 or online through 
the OSC Web site--http://www.osc.gov. In the alternative (or in some 
cases, in addition), you may pursue a discrimination complaint by 
filing a grievance through your agency's administrative or negotiated 
grievance procedures, if such procedures apply and are available.

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 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.
    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 OSC 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, you must follow, as appropriate, the 
procedures described in

[[Page 62473]]

the Antidiscrimination Laws and Whistleblower Protection Laws or, if 
applicable, the administrative or negotiated grievance procedures in 
order to pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, each 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 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 Act regulations, 
refer to 5 CFR part 724, as well as the appropriate offices within your 
agency (e.g., EEO/civil rights office, human resources office or legal 
office). At the Office of Government Ethics, the Equal Employment 
Opportunity Officer is Grace A. Clark and she may be contacted by 
telephone at 202-482-9225, TDD at 202-482-9293, E-mail at 
[email protected] or by FAX at 202-482-9238.
    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).

    Approved: October 17, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E6-17847 Filed 10-24-06; 8:45 am]
BILLING CODE 6345-02-P