[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70441-70442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20444]
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OFFICE OF PERSONNEL MANAGEMENT
No FEAR Act Notice
AGENCY: Office of Personnel Management.
ACTION: Notice.
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SUMMARY: Pursuant to 29 CFR part 724, the Office of Personnel
Management (OPM) has implemented Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act (No FEAR Act)
of 2002, concerning OPM's obligation (along with other Federal
agencies) to provide notice to all its employees, former employees, and
applicants for Federal employment about the rights and remedies
available under the applicable Federal Antidiscrimination Laws and
Whistleblower Protection Laws. OPM's No FEAR Act notice is available on
OPM's Web site at http://www.opm.gov/about_opm/nofear/.
FOR FURTHER INFORMATION CONTACT: Stephen T. Shih, Chief, Center for
Equal Employment Opportunity, by telephone at (202) 606-2460, by
facsimile at (202) 606-1841, or by e-mail at eeo@opm.gov.
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
[[Page 70442]]
is to ``require that Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws.'' Pub. L. 107-
174, Summary. In support of this purpose, Congress found that
``agencies cannot be run effectively if those agencies practice or
tolerate discrimination.'' Pub. L. 107-74, Title I, General Provisions,
section 101(1).
The Act also requires this agency to provide this notice to Federal
employees, former Federal employees and applicants for Federal
employment to inform you of the rights and protections available to you
under Federal antidiscrimination, whistleblower protection and
retaliation 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, 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 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, 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 protections 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 who has engaged in
discriminatory or retaliatory conduct, 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 724, as well as the appropriate offices within your
agency (e.g., Center for Equal Employment Opportunity, Center for Human
Capital Management Services, or Office of General Counsel). OPM's
specific antidiscrimination policies relating to equal employment
opportunity and prohibited personnel practices have been physically and
electronically posted throughout OPM. 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).
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
[FR Doc. E6-20444 Filed 12-1-06; 8:45 am]
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