[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Notices]
[Page 67620-67621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no06-82]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notification and Obligation of the Federal Employee
Antidiscrimination and Retaliation Act of 2002
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice.
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SUMMARY: This notice announces the notification and obligation of the
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No
Fear Act). This notice is in compliance with the notification
provisions set forth in Title II of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002. The No FEAR
Act requires that all Federal agencies publish an initial notice in the
Federal Register informing Federal employees, former Federal employees,
and applicants of the rights and protections available to them under
Federal antidiscrimination and whistleblower protection laws.
EFFECTIVE DATE: This notice is effective on September 18, 2006.
FOR FURTHER INFORMATION CONTACT: Arlene E. Austin, Director, Office of
Equal Opportunity and Civil Rights, at (410) 786-5110 (voice), (410)
786-9549 (fax), or (410) 786-2456 (TTY); or Anita Pinder, Special
Assistant, Office of Equal Opportunity and Civil Rights, at (410) 786-
5493 (voice), (410) 786-9549 (fax), or (410) 786-2456 (TTY) (These are
not toll free numbers).
Special Accomodations: This notice also is available in the
following formats: Large print, audio tape, electronic file on computer
disk, and on CMS's Web page http://www.cms.hhs.gov. Requests for this
notice in an alternative format should be made to CMS's Office of
Strategic Operations and Regulatory Affairs, Regulations Development
Group at 1-800-743-3951 (voice), 1-866-226-1819 (TTY), or (410) 786-
3064 (fax) (The fax is not a toll free number).
Additional Information: For additional information regarding the No
FEAR Act regulations, refer to 5 CFR part 724, as well as the
appropriate offices within your agency (for example, Office of Equal
Opportunity and Civil Rights at 410-786-5110). Additional information
regarding Federal antidiscrimination, whistleblower protection, and
retaliation laws can be found at the EEOC Web site--http://www.eeoc.gov and the OSC Web site--http://www.osc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 15, 2002, the 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, the Congress found that ``agencies cannot be run
effectively if those agencies practice or tolerate discrimination.''
The No Fear Act also requires all agencies to provide this notice to
Federal employees, former Federal employees, and applicants for Federal
employment to inform employees or applicants of the rights and
protections available under the Federal antidiscrimination and
whistleblower protection laws.
II. 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 this Agency. See, for example, 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 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) (see contact information below). In the
alternative (or in some cases, in addition), you may pursue a
discrimination complaint by filing a grievance through this Agency's
administrative or negotiated grievance procedures, if such procedures
apply and are available.
III. Whistleblower Protection Laws
A Federal employee who has authority with respect to personnel
actions must not take 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 the information is specifically prohibited by law and the
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--http://www.osc.gov.
IV. 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.
V. 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
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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.
VI. 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).
Authority: Title II of the No FEAR Act, Public Law 107-174; 5
CFR Part 724.
Dated: November 17, 2006.
Leslie Norwalk,
Acting Administrator.
[FR Doc. 06-9361 Filed 11-17-06; 4:32 pm]
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