[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Notices]
[Pages 27825-27826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10691]


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FEDERAL ELECTION COMMISSION

[Notice 2008-08]


Notification and Federal Employees Antidiscrimination and 
Retaliation Act (No FEAR Act) Notice

AGENCY: Federal Election Commission.

ACTION: Notice.

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SUMMARY: The Federal Election Commission (FEC) is providing notice to 
its employees, former employees and applicants for Federal employment 
about the rights and remedies available to them under the applicable 
Federal antidiscrimination laws and whistleblower protection laws. This 
notice fulfills the FEC's notification obligations under the 
Notification and Federal Employees Antidiscrimination and Retaliation 
Act of 2002 (No FEAR Act or the Act), as implemented by the Office of 
Personnel Management regulations at 5 CFR part 724. The FEC's No FEAR 
Act notice is available on the FEC's Web site at http://www.fec.gov/eeo/nofear/nofear.html.

EFFECTIVE DATE: May 14, 2008.

FOR FURTHER INFORMATION CONTACT: Carolyn S. Mackey-Bryant, Director, 
Office of Equal Employment Opportunity, Federal Election Commission, 
999 E Street, NW., Suite 507, Washington, DC 20463, (202) 694-1229.

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. See Public Law 107-
174, codified at 5 U.S.C. 2301 note. 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, sec. 101(1).
    The Act also requires the FEC 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 FEC 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. Generally, 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 against the FEC. See 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

    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

[[Page 27826]]

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 at http://www.osc.gov.

Retaliation for Engaging in Protected Activity

    The FEC 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, the FEC 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 the FEC 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 EEOC, 999 E Street, NW., Suite 
507, Washington, DC 20463, (202) 694-1229. Additional information 
regarding Federal antidiscrimination, whistleblower protection and 
retaliation laws can be found on the EEOC Web site at http://www.eeoc.gov and on the OSC Web site at 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: May 8, 2008.
David M. Mason,
Chairman, Federal Election Commission.
 [FR Doc. E8-10691 Filed 5-13-08; 8:45 am]
BILLING CODE 6715-01-P