[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5241-5242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2280]


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BUREAU OF CONSUMER FINANCIAL PROTECTION


No FEAR Act Notice; Notice of Rights and Protections Available 
Under the Federal Antidiscrimination and Whistleblower Protection Laws

AGENCY: The Bureau of Consumer Financial Protection. ACTION: Notice.
SUMMARY: The Bureau of Consumer Financial Protection (CFPB or the 
Bureau) 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 CFPB's initial 
notification obligation under the Notification and Federal Employees 
Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by 
Office of Personnel Management (OPM) regulations.

FOR FURTHER INFORMATION CONTACT: Liza Strong, Office of Human Capital, 
1700 G Street, NW Washington, DC 20037, (202) 435-7655. Additional 
information can be found on CFPB's Web site at http://www.consumerfinance.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (No FEAR Act), Public Law 107-174, 116 Stat. 566 (5 U.S.C. 
2301 note). The Act is intended to hold Federal agencies 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.'' Sec. 101(1), Public Law 107-174, 116 Stat. 566. The 
Act requires CFPB to inform its employees, former employees, and 
applicants for employment of the rights and protections available under 
Federal antidiscrimination, whistleblower protection, and retaliation 
laws. OPM requires agencies to publish the initial notice required by 
the No FEAR Act in the Federal Register. 5 CFR 724.202.

Antidiscrimination Laws

    A Federal agency may not discriminate against an employee or 
applicant with respect to the terms, conditions, or privileges of 
employment on the basis of race, color, religion, national origin, sex, 
(including pregnancy and gender identity), age (40 and above), 
disability, genetic information, marital status, parental status, 
sexual orientation, political affiliation, military service, or any 
other non-merit factor. Discrimination on these bases is prohibited by 
Federal statutes and Executive Orders. 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; 38 U.S.C. 4301-
35; 42 U.S.C. 2000e-16; 42 U.S.C. 2000ff-1; E.O. 13087; E.O. 13145; 
E.O. 13152.
    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 
may 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 or give notice of your 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 sexual orientation, 
marital status, parental status, political affiliation, or any other 
non-merit factor you may file a written complaint with the U.S. Office 
of Special Counsel (OSC).
    If you are alleging discrimination based on military service, you 
may request assistance from the Veterans' Employment and Training 
Service (VETS) at the Department of Labor (DOL), the Merit Systems 
Protection Board (MSPB), or OSC, depending on the circumstances.

Whistleblower Protection Laws

    A Federal employee with authority to take, direct others to take, 
recommend, or approve a 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 be 
evidence of violations of law, rule or regulation; gross mismanagement; 
gross waste of funds; abuse of authority; or substantial and specific 
danger to public health or safety, unless disclosure of such 
information is specifically prohibited by law or 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 OSC 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

    A Federal agency may not 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 in 
this Notice. If you believe that you are the victim of retaliation for 
engaging in protected activity, you must follow the procedures 
described in the Antidiscrimination Laws and Whistleblower Protection 
Laws sections of this Notice in order to pursue a legal remedy.

Disciplinary Actions

    Each agency has the right to discipline a Federal employee for 
conduct that is inconsistent with Federal antidiscrimination and 
whistleblower protection laws up to and including removal from the 
federal service. 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, 
please see 5 CFR part 724, and contact the Office of Human Capital at 
CFPB. Additional information regarding Federal antidiscrimination, 
whistleblower protection, and retaliation laws can be found on the EEOC 
Web site at http://www.eeoc.gov, on the OSC Web site at http://www.osc.gov, on the DOL Web

[[Page 5242]]

site at http://www.dol.gov, and the MSPB Web site at http://www.mspb.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: January 27, 2012.
Meredith Fuchs,
Chief of Staff.
[FR Doc. 2012-2280 Filed 2-1-12; 8:45 am]
BILLING CODE 4810-AM-P