[Federal Register: October 24, 2006 (Volume 71, Number 205)]
[Notices]
[Page 62260-62261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc06-50]
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FEDERAL RESERVE SYSTEM
No FEAR Act
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Notice.
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SUMMARY: The Board of Governors of the Federal Reserve System (Board)
is publishing this notice in accordance with Section 202 of the
Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002 (No FEAR Act) and the regulations thereunder issued by the
Office of Personnel Management concerning notice and training.
EFFECTIVE DATE: October 24, 2006.
FOR FURTHER INFORMATION CONTACT: Joanne D. Kee, Counsel (202/452-2067),
Legal Division, Board of Governors of the Federal Reserve System, 20th
Street and Constitution Avenue, NW., Washington, DC 20551. Users of
Telecommunication Device for Deaf (TDD) only, call 202/263-4869.
SUPPLEMENTARY INFORMATION: By final rule effective September 18, 2006,
and consistent with Section 202 of the No FEAR Act, the Office of
Personnel Management (OPM) issued regulations concerning Federal
agencies' obligation to notify employees, former employees, and
applicants of their rights under the antidiscrimination laws referenced
in Section 201(a) of the No FEAR Act. Specifically, pursuant to 5 CFR
724.202(c) and (e), agencies must provide their initial notice to such
persons by publishing the initial notice in the Federal Register by
November 17, 2006.
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.'' Pub. L. 107-174, Summary. In
support of this purpose, Congress found that ``agencies cannot be run
effectively if those agencies practice or tolerate discrimination.''
Pub. L. 107-174, Title I, General Provisions, section 101(1).
The Act also requires the Board of Governors of the Federal Reserve
System (Board) to provide this notice to its employees, former
employees, and applicants for employment to inform you of the rights
and protections available to you under Federal antidiscrimination laws.
Antidiscrimination Laws
The Board 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, or
disability. Discrimination on these bases is prohibited by one or more
of the following statutes: 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 the Board. See Rules Regarding Equal
Opportunity, 12 CFR part 268. 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.
Retaliation for Engaging in Protected Activity
The Board cannot retaliate against an employee or applicant because
that individual exercises his or her rights under any of the Federal
antidiscrimination 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 section (above) in order to pursue any legal
remedy.
[[Page 62261]]
Disciplinary Actions
Under the existing laws, the Board retains the right, where
appropriate, to discipline an employee for conduct that is inconsistent
with Federal Antidiscrimination Laws up to and including removal.
Nothing in the No FEAR Act alters existing laws or permits an agency to
take unfounded disciplinary action against an employee or to violate
the procedural rights of an 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 office within the
Board (the EEO Programs office). Additional information regarding
Federal antidiscrimination and retaliation laws can be found at the
EEOC Web site--http://www.eeoc.gov, and the EEO Programs Office Web
page (accessible by current employees only through Inside the Board).
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.
By order of the Board of Governors of the Federal Reserve
System, acting through the Board's Administrative Governor under
delegated authority, October 18, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6-17730 Filed 10-23-06; 8:45 am]
BILLING CODE 6210-01-P