[Federal Register Volume 75, Number 32 (Thursday, February 18, 2010)]
[Notices]
[Pages 7312-7313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3054]


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TENNESSEE VALLEY AUTHORITY


No FEAR Act Notice

    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

[[Page 7313]]

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, or genetic information. 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, 42 U.S.C. 2000e-16, and Title II of the Genetic Information 
Nondiscrimination Act of 2008 (GINA), 42 U.S.C. 2000ff et seq.
    If you believe that you have been the victim of unlawful 
discrimination on the basis of race, color, religion, sex, national 
origin, disability, or genetic information, 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 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 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 Office of Special 
Counsel 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, or 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: February 8, 2010.
Linda J. Sales-Long,
Director, Equal Opportunity Compliance.
[FR Doc. 2010-3054 Filed 2-17-10; 8:45 am]
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