[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Pages 75279-75280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9689]


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NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES


Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002

AGENCY: National Endowment for the Arts.

ACTION:  Notice.

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SUMMARY: Notice is hereby given to National Endowment for the Arts 
employees, former employees and applicants for Federal employment about 
the rights and remedies available under the antidiscrimination, 
whistleblower protection, and retaliation laws applicable to them.

DATES: Effective immediately.

FOR FURTHER INFORMATION CONTACT: Craig McCord, Director of Human 
Resources, National Endowment for the Arts, 1100 Pennsylvania Avenue, 
NW., Room 627, Washington, DC 20506, (202) 682-5473; or Angelia C. 
Richardson, Director, Civil Rights Office, National Endowment for the 
Arts, 1100 Pennsylvania Avenue, NW., Room 219, Washington, DC 20506, 
(202) 682-5454.
    Persons who cannot access this No FEAR Act Notice through the 
Internet may request a paper or electronic copy by contacting the Civil 
Rights Office at the address and telephone number listed above.

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. 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, Congress found that ``agencies cannot be run 
effectively if Federal agencies practice or tolerate discrimination.'' 
Public Law 107-174, Section 101(1), 1216 Stat. 566. The Act also 
requires the National Endowment for the Arts to provide this notice to 
Federal employees, former Federal employees and applicants for Federal 
employment to inform them of the rights and protections available to 
them 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 the 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 our 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) (contact information listed under whistleblower 
Protection Laws). 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 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 regulations; 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 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 conduct that is 
inconsistent with Federal Antidiscrimination and Whistleblower 
Protection Laws up to and including removal. If OSC has

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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, as well as the appropriate offices within your 
agency (e.g., Civil Rights/EEO Office, Human Resources Office, or 
Office of General Counsel). 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).

Karen Elias,
Acting General Counsel, National Endowment for the Arts.
[FR Doc. 06-9689 Filed 12-13-06; 8:45 am]
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