[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66564-66565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19247]


=======================================================================
-----------------------------------------------------------------------

PENSION BENEFIT GUARANTY CORPORATION


No FEAR Act Notice

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Pension Benefit Guaranty Corporation is publishing this 
notice under the Notification and Federal Employees Antidiscrimination 
and Retaliation Act of 2002 (the ``No FEAR Act''), to inform current 
employees, former employees, and applicants for PBGC employment of the 
rights and remedies available under federal antidiscrimination and 
whistleblower protection laws.

FOR FURTHER INFORMATION CONTACT: Steven A. Weiss, Senior Counsel, 
Legislative and Regulatory Department, 202-326-4223 x3727, or Lori 
Bledsoe, EEO Manager, Office of the Director, 202-326-4180 x3345, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005, (TTY/TDD users may call the Federal relay service toll-free 
at 1-800-877-8339 and ask to be connected to 202-326-4024.)

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002,'' 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 PBGC to provide this notice to Federal 
employees, former federal employees and applicants for Federal 
employment to inform them of the rights and protections available under 
Federal antidiscrimination and whistleblower protection laws. In 
addition, the Act requires agencies to train all of its employees about 
the rights and remedies available to them under applicable 
antidiscrimination and whistleblower 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 or the EEO Office 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 PBGC. 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 contact either an EEO 
counselor or the EEO Office 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 your agency's administrative or negotiated 
grievance procedures, to the extent that 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

[[Page 66565]]

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 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 your 
agency (e.g., EEO/civil rights office, human resources office or legal 
office). 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).

    Issued in Washington, DC, this 8th day of November, 2006.
Vincent K. Snowbarger,
Interim Director, Pension Benefit Guaranty Corporation.
[FR Doc. E6-19247 Filed 11-14-06; 8:45 am]
BILLING CODE 7709-01-P