[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Notices]
[Pages 71965-71966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24631]


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MILLENNIUM CHALLENGE CORPORATION

[MCC FR 07-15]


No FEAR Act Notice

AGENCY: Millennium Challenge Corporation.

ACTION: Notice.

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SUMMARY: This notice fulfills the Millennium Challenge Corporation's 
``No FEAR Act Notice'' Federal Register publication obligations, as 
required by the Act and by the Office of Personnel Management 
implementing regulations at 5 CFR 724.202.

DATES: This notice is effective December 14, 2007.

FOR FURTHER INFORMATION CONTACT: Karen DeLaBarre Chase,Equal Employment 
Opportunity Staff, Millennium Challenge Corporation, 875 Fifteenth 
Street, NW., Washington, DC 20005.
    Telephone: (202) 521-3600.

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.'' Public Law 
107-174.
    In support of this purpose, Congress found that ``agencies cannot 
be run effectively if those agencies practice or tolerate 
discrimination.''
    The Act also requires Federal agencies, including the Millennium 
Challenge Corporation (MCC), 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

    The Millennium Challenge Corporation cannot discriminate against an 
employee or applicant for Federal 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 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).

Whistleblower Protection Laws

    An MCC 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

[[Page 71966]]

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

    MCC cannot retaliate against an employee or applicant for 
employment 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 of this notice.

Disciplinary Actions

    Under the existing laws, MCC retains the right, where appropriate, 
to discipline an 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), MCC 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 MCC 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 Equal Employment Opportunity 
Staff at MCC. 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).

    Dated: December 14, 2007.
William G. Anderson, Jr.,
Vice President & General Counsel, Millennium Challenge Corporation.
 [FR Doc. E7-24631 Filed 12-18-07; 8:45 am]
BILLING CODE 9211-03-P