[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75670-75671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29405]


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AMERICAN BATTLE MONUMENTS COMMISSION


No Fear Act

AGENCY: American Battle Monuments Commission.

ACTION: Notice.

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SUMMARY: The American Battle Monuments Commission (ABMC) is providing 
notice to its employees, former employees, and applicants for federal 
employment about the rights and remedies available to them under the 
Federal antidiscrimination, whistleblower protection, and retaliation 
laws. This notice fulfills the ABMC's initial notification obligation 
under the Notification and Federal Employees Antidiscrimination and 
Retaliation Act (No FEAR Act), as implemented by the Office of 
Personnel Management (OPM) regulations at 5 CFR part 724.

FOR FURTHER INFORMATION CONTACT: Visit the ABMC Web site at http://www.abmc.gov, or contact Michael Conley, Director, Equal Employment 
Opportunity (EEO), by mail at American Battle Monuments Commission, 
2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201, or by phone 
at (703) 696-5177.

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. As stated in the full title of 
the Act, the Act is intended 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 those agencies practice or 
tolerate discrimination.'' Public Law 107-174, Sec.  101(1).
    The Act also requires this agency to provide this notice to its 
Federal employees, former Federal employees and applicants for Federal 
employment to inform you of the rights and protections available to you 
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, national origin, religion, sex, 
age, disability, sexual orientation, parental status or any other non-
merit factor. 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 the agency's administrative grievance procedures, if 
such procedures apply and are available.

[[Page 75671]]

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. Office of Special 
Counsel, 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

    A Federal agency cannot retaliate against an employee or applicant 
because that individual exercised 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, as well as the appropriate offices within the 
ABMC (e.g., EEO or Personnel and Administration). 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).

Theodore Gloukhoff,
Director, Personnel and Administration.
[FR Doc. E8-29405 Filed 12-11-08; 8:45 am]
BILLING CODE 6120-01-M