[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Notices]
[Pages 65525-65526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18862]


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GOVERNMENT ACCOUNTABILITY OFFICE


No FEAR Act Notice

AGENCY: Government Accountability Office.

ACTION: Notice.

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SUMMARY: The Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (No FEAR Act) requires that each Federal agency 
provide notice to all employees, former employees, and applicants for 
employment about the rights and remedies available under 
antidiscrimination laws and whistleblower protection laws applicable to 
them. GAO's notice specifically describes the GAO processes and 
procedures for filing complaints alleging violations of these laws. 
This document fulfills GAO's requirement to publish the initial notice 
in the Federal Register.

DATES: This notice is effective November 8, 2006.

FOR FURTHER INFORMATION CONTACT: Barbara Simball, Assistant General 
Counsel; telephone 202-512-8173; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The ``Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002'' was passed to require 
that Federal agencies be accountable for violations of discrimination 
and whistleblower protection laws. The Act recognized that agencies 
cannot be run effectively if those agencies practice or tolerate 
discrimination. As defined in 5 U.S.C. 104, GAO is an independent 
establishment, and by extension an executive agency as defined in 5 
U.S.C. 105, and thus is covered under this Act. The Act and regulations 
promulgated by Office of Personnel Management at 5 CFR 724.102 require 
that Federal employees, former employees, and applicants be notified in 
paper and/or electronic form of the rights and protections available to 
them under Antidiscrimination and Whistleblower Protection laws. GAO's 
notice will raise the awareness of its employees, former employees, and 
applicants for employment of the procedures to follow if they believe 
they have been subject to a violation of these laws.

No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' Public Law 
107-174, 116 Stat. 566, 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.'' 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 that each Federal agency provide the 
following notice to its employees, former employees, and applicants for 
Federal employment to inform them 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, 42 U.S.C. 2000e-16, and 42 U.S.C. 
12101.
    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 Office of Opportunity and 
Inclusiveness (OOI) 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 GAO Order 
2713.2, ``Discrimination Complaint Resolution Process'' (July 10, 
2006). 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 OOI 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 charge with the Personnel Appeals Board 
Office of General Counsel (PAB/OGC). See 4 CFR Part 28. In addition, in 
certain types of adverse and performance-based actions, such as 
removals, you may file a discrimination charge directly with the PAB/
OGC within 30 days of the effective date of the action, instead of 
filing a complaint with OOI. See 4 CFR 28.98(c) for further 
information.

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), as made applicable to 
GAO by 31 U.S.C. 732(b)(2).
    If you believe that you have been the victim of whistleblower 
retaliation, you may file a charge with the PAB/OGC. See 4 CFR part 28.

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

[[Page 65526]]

whistleblower protection sections in order to pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, each agency retains the right, where 
appropriate, to discipline an employee for conduct that is inconsistent 
with Federal antidiscrimination and whistleblower protection 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 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, or contact the Office of Opportunity & 
Inclusiveness (OOI) or the Office of the General Counsel, Legal 
Services Group. OOI is located at 441 G Street, NW., Room 6123, 
Washington, DC 20548. The Office of the General Counsel, Legal 
Services, is located at 441 G Street, NW., Room 7838, Washington, DC 
20548. Additional information regarding Federal antidiscrimination, 
whistleblower protection, and retaliation laws can be found at the 
Equal Employment Opportunity Commission Web site--http://www.eeoc.gov, 
the Office of Special Counsel Web site--http://www.osc.gov, and in GAO 
Order 2713.2, ``Discrimination Complaint Resolution Process'' (July 10, 
2006), and Personnel Appeals Board regulations, 4 CFR Part 28. The PAB/
OGC is located at Union Center Plaza II, Suite 580, 820 First Street, 
NE., Washington, DC 20002.

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: November 3, 2006.
Gary L. Kepplinger,
General Counsel, Government Accountability Office.
[FR Doc. E6-18862 Filed 11-7-06; 8:45 am]
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