[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66558-66559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19278]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


No FEAR Act Notice

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: The Notification and Federal Employee Antidiscrimination 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. By this document, the 
Federal Mine Safety and Health Review Commission (the Commission) 
fulfills the requirement to publish the initial notice in the Federal 
Register.

DATES: This notice is effective November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Elizabeth Ebner, EEO Director, Federal 
Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., 
Suite 9500, Washington, DC 20001, telephone 202-434-9935; FAX: 202-434-
9944.

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. This notice serves to notify all of the Commission's 
employees, former employees, and applicants about the rights and 
remedies available under the Antidiscrimination Laws and Whistleblower 
Protection Laws applicable to them.

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 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 an Equal Employment Opportunity 
(EEO) counselor within 45 calendar days of the alleged discriminatory 
action, or, in the case of

[[Page 66559]]

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. At the Commission, you 
must contact the EEO Director within the 45 day limit, who will arrange 
for an EEO counselor to notify you. If you believe that you have been 
the victim of unlawful discrimination on the basis of age, you must 
either contact the EEO Director 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, 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 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 office of the EEO Director 
within your agency. 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 provision of law specified in 5 U.S.C. 
2302(d).

    Dated: November 9, 2006.
Thomas A. Stock,
Executive Director, Federal Mine Safety and Health Review Commission.
[FR Doc. E6-19278 Filed 11-14-06; 8:45 am]
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