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 (hereinafter, No FEAR Act or the Act). One purpose of the Act is to “require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.” [See Public Law 107-174, Summary.] In support of this purpose, Congress found that “agencies cannot be run effectively if those agencies practice or tolerate discrimination.” [See Public Law 107-174, 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 and whistleblower protection laws.
The Equal Employment Opportunity Commission (EEOC) has issued a final rule implementing the rules under the Act regarding the posting of Equal Employment Opportunity (EEO) complaint processing data. Under the Act, a federal agency must post on its public website certain information pertaining to complaints of employment discrimination filed under 29 CFR Part 1614.
A federal agency cannot discriminate against an employee, former employee, or applicant with respect to the terms, conditions, or privileges of employment on the basis of race, color, religion, sex (including pregnancy, gender stereotyping, sexual orientation, gender identity), national origin, age, disability, marital status, parental status, or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes and order: 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, E.O. 13152, 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 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 EEOC within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status, parental 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 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 website.
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 a 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.
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 724, as well as the appropriate offices within your agency (e.g., Office of General Counsel, or the United States Postal Service’s National EEO Services Office). Additional information regarding federal antidiscrimination, whistleblower protection, and retaliation laws can be found at the EEOC website and the OSC website.
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).
Equal Employment Opportunity Data:
Section 301 of the No FEAR Act, requires each federal agency to post summary statistical data pertaining to complaints of employment discrimination filed against it by employees, former employees, and applicants for employment under 29 CFR 1614.The specific data to be posted is described in section 301(b) of the Act and 29 CFR 1614.704. The required summary statistical data for EEO complaints filed against the Advisory Council on Historic Preservation is available below.
The posting of EEO data on agency public websites is intended to assist Congress, federal agencies, and the public to assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities.
ACHP Internal Complaint Activity: