[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Pages 67864-67865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19866]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8244-8]


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.'' 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. 107-74, 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, whistleblower protection and retaliation laws.

[[Page 67865]]

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 the agency. See, 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 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 the 
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 whistle blower retaliation, you may file a 
written complaint (Form OSC-II) with the U.S. Office of Special Counsel 
at 1730 M Street, NW., Suite 2I8, Washington, DC 20036-4505 or online 
through the OSC Web site, 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 protections 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 who has engaged in 
discriminatory or retaliatory conduct, 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, or contact the EPA Office of Civil Rights, by 
mail: 1200 Pennsylvania Avenue, NW., Washington, DC 20640 MC1201A; by 
telephone: 202-564-7272; or by email: www.epa.gov/civilrights.
    Additional information regarding Federal antidiscrimination, 
whistleblower protection and retaliation laws can be found at the EEOC 
Web site, www.eeoc.gov and the OSC Web site, 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 employees, former employees or applicants under the laws of the 
United States, including the provisions of law specified in 5 U.S.C. 
2302 (d).

    Dated: November 9, 2006.
Karen D. Higginbotham,
Director, Office of Civil Rights.
 [FR Doc. E6-19866 Filed 11-22-06; 8:45 am]
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