[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70441-70442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20444]


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OFFICE OF PERSONNEL MANAGEMENT


No FEAR Act Notice

AGENCY: Office of Personnel Management.

ACTION: Notice.

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SUMMARY: Pursuant to 29 CFR part 724, the Office of Personnel 
Management (OPM) has implemented Title II of the Notification and 
Federal Employee Antidiscrimination and Retaliation Act (No FEAR Act) 
of 2002, concerning OPM's obligation (along with other Federal 
agencies) to provide notice to all its employees, former employees, and 
applicants for Federal employment about the rights and remedies 
available under the applicable Federal Antidiscrimination Laws and 
Whistleblower Protection Laws. OPM's No FEAR Act notice is available on 
OPM's Web site at http://www.opm.gov/about_opm/nofear/.

FOR FURTHER INFORMATION CONTACT: Stephen T. Shih, Chief, Center for 
Equal Employment Opportunity, by telephone at (202) 606-2460, by 
facsimile at (202) 606-1841, or by e-mail at [email protected].

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

[[Page 70442]]

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.

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 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, 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 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 724, as well as the appropriate offices within your 
agency (e.g., Center for Equal Employment Opportunity, Center for Human 
Capital Management Services, or Office of General Counsel). OPM's 
specific antidiscrimination policies relating to equal employment 
opportunity and prohibited personnel practices have been physically and 
electronically posted throughout OPM. 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).

    U.S. Office of Personnel Management.
Linda M. Springer,
Director.
 [FR Doc. E6-20444 Filed 12-1-06; 8:45 am]
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