[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Notices]
[Pages 16410-16411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6223]


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DEPARTMENT OF THE TREASURY


No FEAR Act Notice

    Summary: The Department of the Treasury is publishing its 
Notification and Federal Employee Antidiscrimination and Retaliation 
Notice (``No FEAR Notice'') to provide information to current 
employees, former employees and applicants for Treasury employment of 
their rights and protections available under Federal 
antidiscrimination, whistleblower protection and retaliation laws. The 
Office of Personnel Management has issued a final rule allowing an 
agency to ``meet its paper and electronic notice obligations to former 
employees and applicants by publishing an initial notice in the Federal 
Register.'' 5 CFR 724.202. Treasury's No FEAR Act Notice is available 
on Treasury's Web site at http://www.treas.gov/nofearact/.
    For Further Information Contact: Mariam G. Harvey, Director, Office 
of Equal Opportunity and Diversity, Department of the Treasury, 1750 
Pennsylvania Avenue, NW., Room 8157D, Washington, DC 20220; (202) 622-
1160.

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. 107-174, 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 and whistleblower protection 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 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) (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 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 whistleblower retaliation, you may file a 
written complaint (Form OSC-11) with the U.S.

[[Page 16411]]

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 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 Office of Equal Opportunity and 
Diversity, 1750 Pennsylvania Avenue, NW., Suite 8157D, Washington, DC 
20220, (202) 622-1160. 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. Department of the Treasury.

    Dated: March 28, 2007.
Wesley T. Foster,
Acting Assistant Secretary for Management.
[FR Doc. E7-6223 Filed 4-3-07; 8:45 am]
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