Federal Register: October 25, 2006 (Volume 71, Number 206)
DOCID: FR Doc E6-17847
OFFICE OF GOVERNMENT ETHICS
Government Ethics Office
ACTION: Reports and guidance documents; availability, etc.:
DOCUMENT ACTION: Notice.
No FEAR Act Notice
The Office of Government Ethics is publishing this notice under the ``Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,'' which is known as the No FEAR Act, to inform current employees, former employees, and applicants for OGE employment of the rights and protections available to them under Federal antidiscrimination, whistleblower protection and retaliation laws.
Federal antidiscrimination, whistleblower protection and retaliation laws; 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 is 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 be run effectively if those agencies practice or tolerate discrimination.'' Public Law 107174, Section 101(1), 116 Stat. 566. The Act also requires this Agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform them of the rights and protections available to them under Federal antidiscrimination, whistleblower protection, and retaliation 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. 2000e16.
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. 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) at 1730 M Street, NW., Suite 218, Washington, DC 200364505 or online through the OSC Web sitehttp://www.osc.gov. 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 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 OSC11) with OSC at 1730 M Street, NW., Suite 218, Washington, DC 200364505 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 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 or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy.
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.
For further information regarding the No FEAR Act regulations,
refer to 5 CFR part 724, as well as the appropriate offices within your
agency (e.g., EEO/civil rights office, human resources office or legal
office). At the Office of Government Ethics, the Equal Employment
Opportunity Officer is Grace A. Clark and she may be contacted by
telephone at 2024829225, TDD at 2024829293, Email at
firstname.lastname@example.org or by FAX at 2024829238.
Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web sitehttp://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).
Approved: October 17, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E617847 Filed 102406; 8:45 am]
BILLING CODE 634502P
FOR FURTHER INFORMATION CONTACT
Vincent J. Salamone, Associate General Counsel, Office of General Counsel and Legal Policy, Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 200053917; OGE Internet Email: email@example.com (for Email messages, the subject line should include the following reference``No FEAR Act Notice''); Telephone: 2024829274; TDD: 2024829293; FAX: 202482 9237. A copy of the No FEAR Act Notice will be posted on OGE's Web site (http://www.usoge.gov). Persons who cannot access this No FEAR Act notice through the Internet may request a paper or electronic copy by contacting Mr. Salamone at the address, Email address, telephone numbers, or FAX number listed above.