[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67620-67621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9361]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Notification and Obligation of the Federal Employee 
Antidiscrimination and Retaliation Act of 2002

AGENCY:  Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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SUMMARY: This notice announces the notification and obligation of the 
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No 
Fear Act). This notice is in compliance with the notification 
provisions set forth in Title II of the Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002. The No FEAR 
Act requires that all Federal agencies publish an initial notice in the 
Federal Register informing Federal employees, former Federal employees, 
and applicants of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection laws.

EFFECTIVE DATE: This notice is effective on September 18, 2006.

FOR FURTHER INFORMATION CONTACT: Arlene E. Austin, Director, Office of 
Equal Opportunity and Civil Rights, at (410) 786-5110 (voice), (410) 
786-9549 (fax), or (410) 786-2456 (TTY); or Anita Pinder, Special 
Assistant, Office of Equal Opportunity and Civil Rights, at (410) 786-
5493 (voice), (410) 786-9549 (fax), or (410) 786-2456 (TTY) (These are 
not toll free numbers).
    Special Accomodations: This notice also is available in the 
following formats: Large print, audio tape, electronic file on computer 
disk, and on CMS's Web page http://www.cms.hhs.gov. Requests for this 
notice in an alternative format should be made to CMS's Office of 
Strategic Operations and Regulatory Affairs, Regulations Development 
Group at 1-800-743-3951 (voice), 1-866-226-1819 (TTY), or (410) 786-
3064 (fax) (The fax is not a toll free number).
    Additional Information: For additional information regarding the No 
FEAR Act regulations, refer to 5 CFR part 724, as well as the 
appropriate offices within your agency (for example, Office of Equal 
Opportunity and Civil Rights at 410-786-5110). 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.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 15, 2002, the 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.'' In support of 
this purpose, the Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
The No Fear Act also requires all agencies to provide this notice to 
Federal employees, former Federal employees, and applicants for Federal 
employment to inform employees or applicants of the rights and 
protections available under the Federal antidiscrimination and 
whistleblower protection laws.

II. 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 this Agency. See, for example, 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 pursue a 
discrimination complaint by filing a grievance through this Agency's 
administrative or negotiated grievance procedures, if such procedures 
apply and are available.

III. Whistleblower Protection Laws

    A Federal employee who has authority with respect to personnel 
actions must not take 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 the information is specifically prohibited by law and the 
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.

IV. 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.

V. 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

[[Page 67621]]

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.

VI. 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).

    Authority: Title II of the No FEAR Act, Public Law 107-174; 5 
CFR Part 724.

    Dated: November 17, 2006.
Leslie Norwalk,
Acting Administrator.
[FR Doc. 06-9361 Filed 11-17-06; 4:32 pm]
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