[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66909-66910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19490]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[Docket Number: 061113299-6299-01]
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (No FEAR Act) Notice
AGENCY: Office of Administration, Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce publishes this notice to inform
current employees, former employees and applicants for Commerce
employment of the rights and protections available to these individuals
under Federal antidiscrimination, whistleblower protection and
retaliation laws. The Department takes this action pursuant to the
notification requirements contained in the Office of Personnel
Management regulations. The intent of this action is to ensure that
Federal agencies are accountable for violations of antidiscrimination
and whistleblower protections laws.
Additional Information: For further information regarding the No
FEAR Act regulations, refer to 5 CFR part 724. Additional information
regarding Federal antidiscrimination, whistleblower protection and
retaliation laws can be found at the EEOC Web site at http://www.eeoc.gov and the OSC Web site at http://www.osc.gov.
SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the
Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002, which is known as the No FEAR Act. One purpose of the Act
is to ``require Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws''. 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.'' Public Law 107-174, Title I, General
Provisions, section 101 (1). The No FEAR Act requires the President, or
his designee, to promulgate regulations implementing the Act. The
President delegated these responsibilities to the Office of Personnel
Management, who issued a final rule on notification and training (71 FR
41095, July 20, 2006). Pursuant to the Office of Personnel Management's
regulations, the Department of Commerce provides this No Fear Act
Notice to current employees, former employees and applicants for
Commerce employment to inform you of the rights and protections
available to you under Federal antidiscrimination, whistleblower
protection and retaliation laws. For purposes of the Act, an applicant
for Federal employment means an individual applying for employment in
or under a Federal agency; a Federal employee means an individual
employed in or under a Federal agency; and a former Federal employee
means an individual formerly employed in or under a Federal agency.
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,
[[Page 66910]]
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 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 the Equal Employment Opportunity Commission (EEOC) notice
of intent to sue within 180 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).
In the alternative (or in some cases, in addition), you may pursue
a discrimination complaint by filing a grievance through the 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 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 protections 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.
Disciplinary Actions
Under 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.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, the Act and this notice
does not create, expand or reduce 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).
Dated: November 14, 2006.
Suzan J. Aramaki,
Director, Office of Civil Rights, U.S. Department of Commerce.
[FR Doc. E6-19490 Filed 11-16-06; 8:45 am]
BILLING CODE 3510-22-P