[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17403-17404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06426]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2013-N-03]


No FEAR Act Notice

AGENCY: Federal Housing Finance Agency.

ACTION: Notice.

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SUMMARY: The Federal Housing Finance Agency (FHFA or agency) is 
providing notice to all its employees, former employees, and applicants 
for employment about the rights and remedies that are available to them 
under the Federal antidiscrimination laws and whistleblower protection 
laws. This notice fulfills FHFA's notification obligations under the 
Notification and Federal Employees Antidiscrimination Retaliation Act 
as implemented by Office of Personnel Management regulations.

FOR FURTHER INFORMATION CONTACT: Nancy Burnett, Acting Associate 
Director of the Office of Minority and Women Inclusion, 
[email protected], (202) 649-3017; Brian Guy, Manager of EEO 
Services, [email protected], (202) 649-3019; or Janice Kullman, 
Associate General Counsel, [email protected], (202) 649-3077 (not 
toll-free numbers), Federal Housing Finance Agency, 400 Seventh Street 
SW., Washington, DC 20024. The telephone number for the 
Telecommunications Device for the Deaf is (800) 877-8339.

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 (No FEAR Act), (Pub. 
L. 107-174). One purpose of the No FEAR Act is to require that Federal 
agencies be 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.
    The No FEAR Act also requires Federal agencies to inform Federal 
employees, former Federal employees, and applicants for Federal 
employment of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection laws.

Establishment of a New Independent Agency

    Effective July 30, 2008, the Housing and Economic Recovery Act of 
2008 (HERA), (Pub. L. 110-289), established FHFA as an independent 
agency of the Federal Government. HERA also combined the staffs of the 
Office of Federal Housing Enterprise Oversight (OFHEO), the Federal 
Housing Finance Board (FHFB), and the Government-Sponsored Enterprise 
mission office of the Department of Housing and Urban Development. 
Although each predecessor agency published its own No FEAR Act notice 
during 2006 (See 71 FR 63761 (Oct. 31, 2006) and 71 FR 70525 (Dec. 5, 
2006)), FHFA is now publishing its own notice to affirm its commitment 
to the requirements of the No FEAR Act.

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. 
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

[[Page 17404]]

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 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 at 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 of this notice or, if applicable, FHFA's 
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 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., OMWI's branch of EEO Services, Office of Human Resource 
Management, or Office of General Counsel). Additional information 
regarding Federal antidiscrimination, whistleblower protection, and 
retaliation laws can be found at the EEOC Web site at http://www.eeoc.gov and the OSC Web site at 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).

    Dated: March 12, 2013.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2013-06426 Filed 3-20-13; 8:45 am]
BILLING CODE 8070-01-P