[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5241-5242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2280]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
No FEAR Act Notice; Notice of Rights and Protections Available
Under the Federal Antidiscrimination and Whistleblower Protection Laws
AGENCY: The Bureau of Consumer Financial Protection. ACTION: Notice.
SUMMARY: The Bureau of Consumer Financial Protection (CFPB or the
Bureau) 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 CFPB's initial
notification obligation under the Notification and Federal Employees
Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by
Office of Personnel Management (OPM) regulations.
FOR FURTHER INFORMATION CONTACT: Liza Strong, Office of Human Capital,
1700 G Street, NW Washington, DC 20037, (202) 435-7655. Additional
information can be found on CFPB's Web site at http://www.consumerfinance.gov.
SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the
Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002 (No FEAR Act), Public Law 107-174, 116 Stat. 566 (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, 116 Stat. 566. The
Act requires CFPB to inform its employees, former employees, and
applicants for employment of the rights and protections available under
Federal antidiscrimination, whistleblower protection, and retaliation
laws. OPM requires agencies to publish the initial notice required by
the No FEAR Act in the Federal Register. 5 CFR 724.202.
Antidiscrimination Laws
A Federal agency may not discriminate against an employee or
applicant with respect to the terms, conditions, or privileges of
employment on the basis of race, color, religion, national origin, sex,
(including pregnancy and gender identity), age (40 and above),
disability, genetic information, marital status, parental status,
sexual orientation, political affiliation, military service, or any
other non-merit factor. Discrimination on these bases is prohibited by
Federal statutes and Executive Orders. 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; 38 U.S.C. 4301-
35; 42 U.S.C. 2000e-16; 42 U.S.C. 2000ff-1; E.O. 13087; E.O. 13145;
E.O. 13152.
If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, national
origin, disability, or genetic information, 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
may 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 or give notice of your 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 sexual orientation,
marital status, parental status, political affiliation, or any other
non-merit factor you may file a written complaint with the U.S. Office
of Special Counsel (OSC).
If you are alleging discrimination based on military service, you
may request assistance from the Veterans' Employment and Training
Service (VETS) at the Department of Labor (DOL), the Merit Systems
Protection Board (MSPB), or OSC, depending on the circumstances.
Whistleblower Protection Laws
A Federal employee with authority to take, direct others to take,
recommend, or approve a 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 be
evidence of violations of law, rule or regulation; gross mismanagement;
gross waste of funds; abuse of authority; or substantial and specific
danger to public health or safety, unless disclosure of such
information is specifically prohibited by law or 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 OSC 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 may not 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 in
this Notice. If you believe that you are the victim of retaliation for
engaging in protected activity, you must follow the procedures
described in the Antidiscrimination Laws and Whistleblower Protection
Laws sections of this Notice in order to pursue a legal remedy.
Disciplinary Actions
Each agency has the right to discipline a Federal employee for
conduct that is inconsistent with Federal antidiscrimination and
whistleblower protection laws up to and including removal from the
federal service. 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,
please see 5 CFR part 724, and contact the Office of Human Capital at
CFPB. Additional information regarding Federal antidiscrimination,
whistleblower protection, and retaliation laws can be found on the EEOC
Web site at http://www.eeoc.gov, on the OSC Web site at http://www.osc.gov, on the DOL Web
[[Page 5242]]
site at http://www.dol.gov, and the MSPB Web site at http://www.mspb.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: January 27, 2012.
Meredith Fuchs,
Chief of Staff.
[FR Doc. 2012-2280 Filed 2-1-12; 8:45 am]
BILLING CODE 4810-AM-P