[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]
[Page 68809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no06-42]
[[Page 68809]]
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
No FEAR Act Notice
AGENCY: Court Services and Offender Supervision Agency for the District
of Columbia.
ACTION: Notice.
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SUMMARY: Court Services and Offender Supervision Agency (CSOSA) is
hereby providing notice of employee rights and protections under the
Notification and Federal Employees Antidiscrimination and Retaliation
Act of 2002 (the No FEAR Act) to its employees, including employees of
the District of Columbia Pretrial Services Agency, an independent
entity within CSOSA.
FOR FURTHER INFORMATION CONTACT: Any questions regarding this notice
should be directed to Barbara J. Jones, Director, Office of Equal
Employment Opportunity, Diversity and Special Programs, Office of the
Director, 601 Indiana Avenue, Suite 512, Washington, DC 20004, phone
(202) 442-1990, fax (202) 442-1963, e-mail Barbara.Jones@csosa.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 based on 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 and Court Services and Offender Supervision Agency (CSOSA) Office
of EEO, Diversity and Special Programs Web site at http://www.csosa.gov
.
If you believe that you have been the victim of unlawful
discrimination based on 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
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 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 the No FEAR Act regulations,
refer to 5 CFR part 724, as well as the CSOSA's EEO Office at http://www.csosa.gov.
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).
Barbara J. Jones,
Director, Office of Equal Employment Opportunity, Diversity and Special
Programs, Court Services and Offender Supervision Agency.
[FR Doc. E6-20046 Filed 11-27-06; 8:45 am]
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