[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Notices]
[Pages 63761-63762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18236]


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FEDERAL HOUSING FINANCE BOARD

[No. 2006-N-09]


No FEAR Act Notice

AGENCY: Federal Housing Finance Board.

ACTION: Notice.

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SUMMARY: Under the Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002, which is now known as the No FEAR Act, 
each agency must inform employees, former employees, and applicants for 
employment of the rights and protections available under Federal 
antidiscrimination and whistleblower protection laws.

FOR FURTHER INFORMATION CONTACT: Gwen R. Grogan, Equal Employment 
Opportunity Director, [email protected]; 202-408-2892, or Federal 
Housing Finance Board, 1625 Eye Street NW., Washington, DC 20006.

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. See Pub. L. 107-
174, 116 Stat. 566 (May 15, 2002), codified at 5 U.S.C. 2301 note. One 
purpose of the No FEAR 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, sec. 101(1). The No FEAR Act requires each 
agency to inform its employees, former employees, and applicants for 
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 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 either must contact an EEO 
counselor as noted above or give notice of intent to sue to the Equal 
Employment Opportunity Commission 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 (see contact 
information below). 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 the U.S. Office of Special Counsel 
at 1730 M Street NW., Suite 218, Washington, DC 20036-4505, or online 
through the U.S. Office of Special Counsel Web site at 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 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, 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 the U.S. Office of 
Special Counsel 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 office, human resources office, or Office of General 
Counsel). Additional information regarding Federal antidiscrimination, 
whistleblower

[[Page 63762]]

protection, and retaliation laws can be found at the Equal Employment 
Opportunity Commission Web site at http://www.eeoc.gov and the U.S. 
Office of Special Counsel 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).

    Dated: October 25, 2006.

    By the Federal Housing Finance Board.

Gwen R. Grogan,
Equal Employment Opportunity Director.
 [FR Doc. E6-18236 Filed 10-30-06; 8:45 am]
BILLING CODE 6725-01-P