[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14439-14440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6076]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

[Doc. No. 11-002]


No FEAR Act Notice

AGENCY: Recovery Accountability and Transparency Board.

ACTION: Notice.

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SUMMARY: The Recovery Accountability and Transparency Board (Board) is 
providing notice to its employees, former employees, and applicants for 
Board employment about the rights and remedies available to them under 
the Federal antidiscrimination, whistleblower protection, and 
retaliation laws. This notice fulfills the Board's initial notification 
under the Notification and Federal Employee

[[Page 14440]]

Antidiscrimination and Retaliation Act (No FEAR Act or Act), as 
implemented by Office of Personnel Management (OPM) regulations 5 CFR 
part 724.

FOR FURTHER INFORMATION CONTACT: Jennifer Dure, General Counsel, by 
mail at Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006, or by 
telephone at (202) 254-7900. Additional information can be found at the 
Board's Web site at http://www.recovery.gov.

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, Title I, General 
Provisions, section 101(1).
    The Act also requires this agency to provide this notice to its 
employees, former employees and applicants for Board 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, 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, 2 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 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. 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 
your agency's administrative or negotiated grievance procedures, if 
such procedures apply and are available.

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 
disclosures 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 
disclosures 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, agencies must seek approval 
from OSC 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 your 
agency (e.g., human resources office or legal office). Additional 
information regarding Federal antidiscrimination 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).

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2011-6076 Filed 3-15-11; 8:45 am]
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