[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60126-60127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23762]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / 
Notices  

[[Page 60126]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


No FEAR Act Notice

AGENCY: Administrative Conference of the United States.

ACTION: Notice.

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SUMMARY: The Administrative Conference of the United States (the 
Conference) is providing notice to all its employees, former employees, 
and applicants for employment about the rights and remedies available 
to them under the Federal antidiscrimination, whistleblower protection, 
and retaliation laws. This notice fulfills the Conference's 
notification obligations under 5 CFR 724.202.

FOR FURTHER INFORMATION CONTACT: Shawne McGibbon, General Counsel, 
Administrative Conference of the United States, Suite 706 South, 1120 
20th Street NW., Washington, DC 20036; Telephone 202-480-2088; email 
[email protected]. Additional information can be found on the 
Conference's Web site at www.acus.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002'' (No FEAR Act), 116 Stat. 566, Public Law 107-174 (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. The 
Conference provides this No FEAR Act notice to inform its current 
employees, former employees, and applicants for employment of the 
rights and protections available under Federal antidiscrimination, 
whistleblower protection, and retaliation laws, as required by the 
Office of Personnel Management, 5 CFR 724.202.

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 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 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.
    Because the Conference is a very small agency, it has entered into 
a contractual arrangement with the General Services Administration 
(GSA) for EEO services, including, but not limited to, counseling and 
Alternative Dispute Resolution (ADR) services. EEO counselors are 
available at GSA's Regional Office of Civil Rights, located at 7th and 
D Streets SW., Room 7048, Washington, DC 20407. Telephone: (202) 708-
8588. You may also file a written complaint of discrimination with that 
office.
    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 the 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: 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

[[Page 60127]]

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 information regarding the No FEAR Act regulations, refer to 5 
CFR part 724, or contact the General Counsel's Office at the 
Conference, 1120 20th Street NW., Suite 706 South, Washington, DC 
20036, (202) 480-2080. Additional information regarding Federal 
antidiscrimination, whistleblower protection, and retaliation laws can 
be found at www.eeoc.gov and 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: October 1, 2014.
Shawne McGibbon,
General Counsel.
[FR Doc. 2014-23762 Filed 10-3-14; 8:45 am]
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