[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25665-25666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10984]
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AMERICAN BATTLE MONUMENTS COMMISSION
No Fear Act
AGENCY: American Battle Monuments Commission.
ACTION: Notice.
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SUMMARY: The American Battle Monuments Commission (ABMC) 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 the ABMC's initial notification obligation
under the Notification and Federal Employees Antidiscrimination and
Retaliation Act (No FEAR Act), as implemented by the Office of
Personnel Management (OPM) regulations at 5 CFR part 724.
FOR FURTHER INFORMATION CONTACT: Visit the ABMC Web site at http://www.abmc.gov, or contact Michael Conley, Director, Equal Employment
Opportunity (EEO), by mail at American Battle Monuments Commission,
2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201, or by phone
at (703) 696-5177.
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. See Public Law
107-174, codified at 5 U.S.C. 2301 note. As stated in the full title of
the Act, the Act is intended 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 run effectively if those agencies practice or
tolerate discrimination.'' Public Law 107-174, Sec. 101(1).
The Act also requires this agency to provide this notice to its
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, national origin, religion, sex,
age, disability, sexual orientation, parental status or any other non-
merit factor. 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 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 the agency's administrative 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, 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 exercised 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 the
ABMC (e.g., EEO or Personnel and Administration). Additional
information regarding Federal antidiscrimination, whistleblower
protection and retaliation laws can be found on the EEOC Web site at
http://www.eeoc.gov and on 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
[[Page 25666]]
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).
Frank A. Manies,
Director, Human Resources and Administration.
[FR Doc. 2011-10984 Filed 5-4-11; 8:45 am]
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