[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
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
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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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