[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27532-27533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11300]


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SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION


No FEAR Act Notice

AGENCY: Special Inspector General for Afghanistan Reconstruction.

ACTION: Notice.

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SUMMARY: This notice fulfills the Special Inspector General for 
Afghanistan Reconstruction's (SIGAR) ``No FEAR Act Notice'' Federal 
Register publication obligations, as required by the Section 202(a) of 
the Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (No FEAR) Act and by the Office of Personnel 
Management implementing regulations at 5 CFR 724.202, to all current 
and former SIGAR employees and applicants for employment.

DATES: This notice is effective May 10, 2012.

ADDRESSES: SIGAR Office of General Counsel, Hugo Teufel, Special 
Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, 
Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Call or email the Acting General 
Counsel Hugo Teufel: Telephone--703-545-5990; email_
[email protected].

SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed 
into law the National Defense Authorization Act for Fiscal Year 2008 
(Pub. L. 110-181), which created the Special Inspector General for 
Afghanistan Reconstruction (SIGAR). SIGAR is responsible for 
coordinating and conducting audits and investigations to promote 
efficiency and effectiveness of reconstruction programs, and to detect 
and prevent waste, fraud, and abuse of taxpayers' dollars. SIGAR is 
publishing its initial No FEAR Act notice to inform all employees, 
former employees, and applicants for employment of their rights under 
antidiscrimination and whistleblower protection laws, and to advise 
that it will publish certain statistical data relating to Federal 
sector equal employment opportunity and other complaints filed with 
SIGAR.

Hugo Teufel,
Acting General Counsel, Special Inspector General for Afghanistan 
Reconstruction.

Table of Contents

List of Notices

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.
    The law provides that Federal agencies must:
     Notify employees and applicants for employment about their 
rights under the discrimination and whistleblower laws
     Post statistical data relating to Federal sector equal 
employment opportunity complaints on its public Web site
     Ensure that their managers have adequate training in the 
management of a diverse workforce, early and alternative conflict 
resolution, and essential communications skills
     Conduct studies on the trends and causes of complaints of 
discrimination
     Implement new measures to improve the complaint process 
and the work environment
     Initiate timely and appropriate discipline against 
employees who engage in misconduct related to discrimination or 
reprisal
     Reimburse the Judgment Fund for any discrimination and 
whistleblower related settlements or judgments reached in Federal court
     Produce annual reports of status and progress to Congress, 
the Attorney General and the U.S. Equal Employment Commission.
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, 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.
    SIGAR employees, former employees, or applicants for employment who 
believe they may have been victims of unlawful discrimination may 
contact an EEO Counselor at the Department of the Army, Washington 
Headquarters Service, which serves as the support agent on EEO matters 
for SIGAR.
    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

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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 
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 
SIGAR (e.g., human resources office or the Office of General Counsel) 
or Army (Washington Headquarters Service). 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, including the provisions of law specified in 5 U.S.C. 
2302(d).

[FR Doc. 2012-11300 Filed 5-9-12; 8:45 am]
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