[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2909-2910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-849]


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POSTAL SERVICE


No FEAR Act Notice

AGENCY: Postal Service.

ACTION: Notice.

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SUMMARY: The Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (No FEAR Act) requires that each Federal agency 
provide notice to all employees, former employees, and applicants for 
employment about the rights and remedies available to them under the 
anti-discrimination laws and whistleblower protection laws that apply 
to them. This document fulfills the Postal ServiceTM's 
requirement under the regulations promulgated by the Office of 
Personnel Management to publish the initial notice of such rights and 
remedies in the Federal Register.

DATES: This notice is effective January 23, 2007.

FOR FURTHER INFORMATION CONTACT: Lynn Martin, National EEO Compliance 
and Appeals Programs by telephone 202-268-3830; by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The ``Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002,'' Public Law 107-174, 
(No FEAR Act) was enacted by Congress on May 15, 2002, for the purpose 
of, inter alia, holding Federal agencies accountable for violations of 
antidiscrimination and whistleblower protection laws. Sections 101(1) 
and 101(6) of the Act state that ``Federal agencies cannot be run 
effectively if those agencies practice or tolerate discrimination,'' 
and that ``notifying Federal employees of their rights under 
discrimination and whistleblower laws should increase Federal agency 
compliance with the law.'' Section 202 of the Act requires that written 
notification be provided to Federal employees, former Federal 
employees, and applicants for Federal employment of the rights and 
protections available to them under the applicable Federal anti-
discrimination and whistleblower protection laws. Under section 204 of 
the No FEAR Act, the Office of Personnel Management (OPM) promulgated 
regulations to carry out the notification requirements of the Act. This 
initial notice is being published in accordance with the final OPM 
regulations at 5 CFR 724.202. This notice specifically describes the 
anti-discrimination laws and regulations and the whistleblower 
protection regulations that apply to Postal Service employees. It also 
describes the methods to be used by Postal Service employees to file 
complaints under the applicable laws and regulations.

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.'' Public Law 107-174, Summary. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Public Law 107-174, Title I, General Provisions, section 101(1).
    The Act also requires the United States Postal Service (Postal 
Service) to provide this notice to Postal Service employees, former 
Postal Service employees and applicants for Postal

[[Page 2910]]

Service employment to inform you of the rights and protections 
available to you under the Federal antidiscrimination laws and 
whistleblower protection regulations.

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 against Postal Service employees and applicants on these 
bases is prohibited by one or more of the following statutes and 
regulations: 29 U.S.C. 206(d), 631, 633a, 791, 42 U.S.C. 2000e-16, 
Employee and Labor Relations Manual (ELM) 665.23, 666.12.
    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 Postal Service Equal 
Employment Opportunity (EEO) office using the central telephone number 
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 Postal Service. See, e.g. 29 CFR 1614. The 
central telephone number is: 888-EEO-USPS (888-336-8777), Deaf and hard 
of hearing call: 800-877-8339, (Federal Relay Service).
    If you believe that you have been the victim of unlawful 
discrimination on the basis of age, you must either contact the EEO 
office as noted above, within the time period 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 pursue a discrimination complaint by filing a 
grievance through the Postal Service's administrative or negotiated 
grievance procedures, if such procedures apply and are available. If 
those procedures do not apply or are not available, you may file a 
written complaint including as much specific information on the alleged 
violation as possible with the: Vice President Labor Relations, Postal 
Service, 475 L'Enfant Plaza, SW., Washington, DC 20260-4100.

Whistleblower Protection

    A Postal Service 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 or 
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 
whistleblower protected disclosure is prohibited by ELM 666.18. If you 
believe that you have been the victim of whistleblower retaliation, you 
may file a written complaint with: Postal Service Office of Inspector 
General Hotline, 1735 N. Lynn Street, Arlington, VA 22209-2005; or via 
telephone through the toll free Office of Inspector General Hotline at 
888-USPS-OIG (888-877-7644). Deaf and hard of hearing may use the TTY 
telephone number 866-OIG-TEXT (866-644-8398). You may also contact the 
Office of Inspector General Hotline through e-mail at 
[email protected].

Retaliation for Engaging in Protected Activity

    The Postal Service cannot retaliate against an employee or 
applicant because that individual exercises his or her rights under any 
of the Federal antidiscrimination laws or whistleblower protection 
regulations 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 sections of this notice or, if applicable, 
the administrative or negotiated grievance procedures in order to 
pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, the Postal Service retains the right, 
where appropriate, to discipline a Postal Service employee for conduct 
that is inconsistent with Federal Antidiscrimination Laws and 
Whistleblower Protection regulations up to and including removal. 
Nothing in the No FEAR Act alters existing laws or permits the Postal 
Service to take unfounded disciplinary action against a Postal Service 
employee or to violate the procedural rights of a Postal Service 
employee who has been accused of discrimination.

Additional Information

    For further information regarding the No FEAR Act refer to Public 
Law 107-174 and the Postal Service No FEAR Act Web page http://www.usps.com/nofearact.

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.

Neva R. Watson
Attorney, Legislative.
[FR Doc. E7-849 Filed 1-22-07; 8:45 am]
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