[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66919-66920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19438]


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DEPARMENT OF DEFENSE

Office of the Secretary


No Fear Act

AGENCY: Defense Information Systems Agency, DoD.

ACTION: Notice.

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SUMMARY: This notice provides guidance on the implementation of the 
``No Fear Act'' within the Defense Information Systems Agency and is 
published as required by the No Fear Act which was published on July 
20, 2006 (71 FR 139), amending 5 CFR Part 724. The contacts have been 
published in block style for emphasis.

DATES: Effective Date: September 27, 2006.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Hicks, (703) 607-6461, 
Defense Information Systems Agency, P. O. Box 4502, Arlington, VA 
22204-4502.

Defense Information Systems Agency-No Fear Act Notice

    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, 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 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 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

[[Page 66920]]

pursue a discrimination complaint by filing a grievance through your 
agency's administrative or negotiated grievance procedures, if such 
procedures apply and are available.

    Contact the Defense Information Systems Agency (DISA), Equal 
Employment Opportunity and Cultural Diversity Office (EEOCD) to make 
contact with an EEO Counselor; or the Manpower, Personnel and 
Security Directorate (MPS1) for additional information concerning 
administrative or negotiated grievances. (See contact information 
below).

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.

    Contact the DISA, Office of Inspector General (IG) for 
additional information concerning or to report fraud, waste and 
abuse. (See contact information below).

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.

    For additional information, contact the OSC (see contact 
information above); or the appropriate DISA office (see contact 
information below).

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.

    Contact MPS1 for additional information concerning disciplinary 
actions. (See contact information below).

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.

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             DISA office                 Phone No. (DSN 327)            Web site              E-mail address
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Office of Equal Employment             (703) 607-6458.........  http://www.disa.mil/     .......................
 Opportunity and Cultural Diversity                              main/eeo.html.
 (EEOCD).
Office of General Counsel (GC).......  (703) 607-6091.........  http://www.disa.mil/     Generalcounseldisa@disa
                                                                 main/gc.html.     .mil
Office of Inspector General (IG).....  24 Hr Hotline: (703)     http://www.disa.mil/     [email protected]
                                        607-6317.                mail/ig.html.
                                       Main: (703) 607-6300...  .......................  .......................
Manpower, Personnel and Security       (703) 607-4740 or 4403.  http://www.disa.mil/     .......................
 (MPS1).                                                         main/mps.html.
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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).

    November 13, 2006.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E6-19438 Filed 11-16-06; 8:45 am]
BILLING CODE 5001-06-P