[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67163-67164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19584]


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DEPARTMENT OF LABOR

Office of the Secretary


No Fear Act Notice

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

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SUMMARY: The U.S. Department of Labor (DOL) is providing notice to all 
of its employees, former employees, and applicants for employment about 
the rights and remedies that are available to them under Federal 
antidiscrimination and whistleblower protection laws. This notice 
fulfills DOL's notification obligations under the Notification and 
Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), 
as implemented by Office of Personnel Management (OPM) regulations.

FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil 
Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave., 
NW., Room N-4123, Washington, DC 20210, [email protected], 
(202) 693-6500 (VOICE) or (202) 693-6515, (800) 326-2577 (TTY/TDD).

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 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 
complaint or grievance through your agency's administrative or 
negotiated grievance procedures, if such procedures are available and 
apply.

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 of this Notice, 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 discriminatory or 
retaliatory conduct, or other conduct that is inconsistent with Federal 
antidiscrimination, whistleblower protection, and retaliation laws. 
Possible disciplinary actions range up to and include 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, or you may contact DOL's Civil Rights Center:

U.S. Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Civil Rights Center, Room N-4123, 200 
Constitution Ave., NW., Washington, DC 20210, 202/693-6500 (voice), 
202/693-6516 (TTY), http://www.dol.gov/oasam/programs/crc/crcwelcome.htm, [email protected].


[[Page 67164]]


    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).

Edward C. Hugler,
Deputy Assistant Secretary for Administration and Management.
[FR Doc. E6-19584 Filed 11-17-06; 8:45 am]
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