[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65838-65839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18981]


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NATIONAL SCIENCE FOUNDATION


No FEAR Act Notice

AGENCY: National Science Foundation.

ACTION: Notice.

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SUMMARY: Notice is hereby given of the National Science Foundation's 
notification of employee rights and protections under Federal

[[Page 65839]]

Antidiscrimination Laws and Whistleblower Protection Laws (No FEAR 
Act).

DATES: Effective immediately.

ADDRESSES: National Science Foundation, 4201 Wilson Boulevard, 
Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: Ronald Branch, Director, Office of 
Equal Opportunity Programs, (703) 292-8020.

SUPPLEMENTARY INFORMATION: 5 CFR part 724, implementing the notice 
provisions of the Notification and Federal Employees Antidiscrimination 
and Retaliation Act of 2002 (No FEAR Act), requires that each agency 
provide public notification of its initial No FEAR Act Notice to 
employees. This notice provides employees, former employees and 
applicants notification of their rights and applicable remedies 
available to them under the Antidiscrimination Laws and Whistleblower 
Protection Laws.

    Authority: Public Law 107-174. Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act).

    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.'' Public Law 107-174, Title I, 
General Provisions, section 101(1). In support of this purpose, 
Congress found that ``agencies cannot be run effectively if those 
agencies practice or tolerate discrimination.'' Id.
    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.

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 the Office of Equal Opportunity 
Programs (OEOP) and request a 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 discrimination complaint with the Foundation. 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] (see contact information below). In the alternative (or in some 
cases, in addition), you may pursue a discrimination complaint by 
filing a grievance through the Foundation'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 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 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 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 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 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 the 
Foundation (e.g., Office of Equal Opportunity Programs, Division of 
Human Resource Management or the Office of the General Counsel). 
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).

Ronald Branch,
Director, Office of Equal Opportunity Programs.
 [FR Doc. E6-18981 Filed 11-8-06; 8:45 am]
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