[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68562-68563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-49]
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CONSUMER PRODUCT SAFETY COMMISSION
No FEAR Act Notice
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
providing notice to all of its employees, former employees, and
applicants for employment about the rights and remedies that are
available to them under the Federal antidiscrimination laws and
whistleblower protection laws.\1\ This notice fulfills CPSC's
notification obligations under the Notification and Federal Employees
Anti-discrimination Retaliation Act (No FEAR Act), as implemented by
Office of Personnel Management (OPM) regulations.
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\1\ Commissioner Thomas H. Moore filed a statement which is
available from the Office of the Secretary or on the Commission's
Web site at http://www.cpsc.gov.
FOR FURTHER INFORMATION CONTACT: Kathleen V. Buttrey, Director, EEO and
Minority Enterprise, U.S. Consumer Product Safety Commission, 4330
East-West Highway, Bethesda, Maryland 20814; telephone (301) 504-7771
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or e-mail: kbuttrey@cpsc.gov.
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.''
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 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.
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 the Commission. 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 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 the Commission's administrative or negotiated
grievance procedures.\2\
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\2\ Please note that the Commission's negotiated grievance
procedures are available only to Headquarter employees.
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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 which 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
[[Page 68563]]
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 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.
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 No FEAR Act regulations, refer to
5 CFR Part 724, as well as the EEO and Minority Enterprise Office at
the CPSC. 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.
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).
Dated: November 20, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E6-20026 Filed 11-24-06; 8:45 am]
BILLING CODE 6355-01-P