[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 20105-20106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9927]


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 TENNESSEE VALLEY AUTHORITY


No FEAR Act Notice

AGENCY: Tennessee Valley Authority (TVA).

ACTION: No FEAR Act Notice.

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SUMMARY: 5 CFR part 724.202 requires that each Federal agency provide 
notice to its employees, former employees, and applicants for 
employment about the rights and remedies available under the 
Antidiscrimination Laws and Whistleblower Protection Laws applicable to 
them within 60 calendar days after September 18, 2006, and annually 
thereafter. Each agency must publish the initial notice in the Federal 
Register.

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 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, or disability. 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 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.

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

[[Page 20106]]

or applicant because of a 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

    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, as well as the appropriate offices within the 
Tennessee Valley Authority (e.g., Equal Opportunity Compliance, Human 
Resources, the Office of the Inspector General, and TVA's Ombudsman). 
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.

FOR FURTHER INFORMATION CONTACT: Linda J. Sales-Long, 865-632-2515.

    Dated: April 24, 2009.
Linda J. Sales-Long,
Director, Equal Opportunity Compliance.
[FR Doc. E9-9927 Filed 4-29-09; 8:45 am]
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