[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70525-70526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20503]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight


No FEAR Act Notice

AGENCY: Office of Federal Housing Enterprise Oversight, HUD.

ACTION: Notice.

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SUMMARY: The Office of Federal Housing Enterprise Oversight (OFHEO) 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 the Federal antidiscrimination laws and 
whistleblower protection laws. This notice fulfills OFHEO's 
notification obligations under the Notification and Federal Employees 
Antidiscrimination Retaliation Act, as implemented by Office of 
Personnel Management regulations.

FOR FURTHER INFORMATION CONTACT: Janice Kullman, Senior Counsel at 
(202) 414-8970 or, Mark Laponsky, Executive Director and Chief of Staff 
at (202) 414-3832 (these are not toll-free numbers), Office of Federal 
Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW., 
Washington, DC 20552. Hearing- or speech-impaired individuals may 
access this number through TTY by calling the toll-free Federal 
Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 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 (the No FEAR Act), 
(Pub. L. 107-174). One purpose of the No FEAR Act is to require that 
Federal agencies be accountable for violations of antidiscrimination 
and whistleblower protection laws. In support of this purpose, Congress 
found that agencies cannot be run effectively if those agencies 
practice or tolerate discrimination.
    The No FEAR Act also requires Federal agencies to inform Federal 
employees, former Federal employees, and applicants for Federal 
employment of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection laws. Thus, the 
Federal Office of Federal Housing Enterprise Oversight is publishing 
this notice.

No FEAR Act Notice

Antidiscrimination Laws

    A Federal agency may not discriminate against an employee or 
applicant for employment 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

[[Page 70526]]

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. 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).

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 the Federal 
employee with authority reasonably believes disclosure of information 
by that employee or applicant would violate Federal law, rule, or 
regulation; would uncover gross mismanagement, a gross waste of funds, 
or an abuse of authority; or create 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 employment 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 may not 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 and want to pursue any legal remedy, you 
must follow, as appropriate, the procedures described in the 
Antidiscrimination Laws and Whistleblower Protection Laws sections of 
this notice or, if applicable, OFHEO's administrative or negotiated 
grievance procedures.

Disciplinary Actions

    Under the existing laws, each Federal 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 OSC 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 former employee, or to violate the procedural rights of a 
Federal employee or former employee who has been accused of 
discrimination.

Additional Information

    For further information regarding the No FEAR Act regulations, 
refer to 5 CFR part 724. Additional information regarding Federal 
antidiscrimination and whistleblower protection laws can be found at 
the EEOC Web site at http://www.eeoc.gov, and the OSC Web site at 
http://www.osc.gov. You can also access the fact sheet, ``Your Rights 
as a Federal Employee,'' on the OSC Web site at http://www.osc.gov/documents/pubs/rights/htm. The pamphlet, ``The Role of the U.S. Office 
of Special Counsel,'' also contains information about the Whistleblower 
Protection Act of 1989 and telephone numbers for reporting purposes. 
You can access it at http://www.osc.gov/documents/pubs/oscrole.pdf. You 
can also learn more from the Chief Human Capital Officer and the Office 
of General Counsel of OFHEO.

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 for employment under the 
laws of the United States, including the provisions of law specified in 
5 U.S.C. 2302(d).

    Dated: November 21, 2006.
James B. Lockhart III,
Director, Office of Federal Housing Enterprise Oversight.
[FR Doc. E6-20503 Filed 12-4-06; 8:45 am]
BILLING CODE 4220-01-P