[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Notices]
[Page 62472-62473]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc06-60]
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OFFICE OF GOVERNMENT ETHICS
No FEAR Act Notice
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice.
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SUMMARY: 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.
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
20005-3917; OGE Internet E-mail: usoge@oge.gov (for E-mail messages,
the subject line should include the following reference--``No FEAR Act
Notice''); Telephone: 202-482-9274; TDD: 202-482-9293; FAX: 202-482-
9237. A copy of the No FEAR Act Notice will be posted on OGE's Web site
(http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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, E-mail address, telephone
numbers, or FAX number listed above.
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. 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 107-174, 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.
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. 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 20036-4505 or online through
the OSC Web site--http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://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 OSC-11) with OSC at 1730 M Street, NW., Suite
218, Washington, DC 20036-4505 or online through the OSC Web site--
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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
[[Page 62473]]
the Antidiscrimination Laws and Whistleblower Protection Laws 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 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 202-482-9225, TDD at 202-482-9293, E-mail at
gaclark@oge.gov or by FAX at 202-482-9238.
Additional information regarding Federal antidiscrimination,
whistleblower protection and retaliation laws can be found at the EEOC
Web site--http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.eeoc.gov and the OSC Web site--http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://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. E6-17847 Filed 10-24-06; 8:45 am]
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