[Federal Register: December 5, 2006 (Volume 71, Number 233)]
[Notices]
[Page 70525-70526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de06-53]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
No FEAR Act Notice
AGENCY: Office of Federal Housing Enterprise Oversight, HUD.
ACTION: Notice.
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SUMMARY: The Office of Federal Housing Enterprise Oversight (OFHEO) 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. This notice fulfills OFHEO's
notification obligations under the Notification and Federal Employees
Antidiscrimination Retaliation Act, as implemented by Office of
Personnel Management regulations.
FOR FURTHER INFORMATION CONTACT: Janice Kullman, Senior Counsel at
(202) 414-8970 or, Mark Laponsky, Executive Director and Chief of Staff
at (202) 414-3832 (these are not toll-free numbers), Office of Federal
Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW.,
Washington, DC 20552. Hearing- or speech-impaired individuals may
access this number through TTY by calling the toll-free Federal
Information Relay Service at (800) 877-8339.
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 (the No FEAR Act),
(Pub. L. 107-174). One purpose of the No FEAR Act is to require that
Federal agencies be accountable for violations of antidiscrimination
and whistleblower protection laws. In support of this purpose, Congress
found that agencies cannot be run effectively if those agencies
practice or tolerate discrimination.
The No FEAR Act also requires Federal agencies to inform Federal
employees, former Federal employees, and applicants for Federal
employment of the rights and protections available to them under
Federal antidiscrimination and whistleblower protection laws. Thus, the
Federal Office of Federal Housing Enterprise Oversight is publishing
this notice.
No FEAR Act Notice
Antidiscrimination Laws
A Federal agency may not discriminate against an employee or
applicant for employment 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
[[Page 70526]]
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. 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).
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 the Federal
employee with authority reasonably believes disclosure of information
by that employee or applicant would violate Federal law, rule, or
regulation; would uncover gross mismanagement, a gross waste of funds,
or an abuse of authority; or create 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 employment 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 may not 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 and want to pursue any legal remedy, you
must follow, as appropriate, the procedures described in the
Antidiscrimination Laws and Whistleblower Protection Laws sections of
this notice or, if applicable, OFHEO's administrative or negotiated
grievance procedures.
Disciplinary Actions
Under the existing laws, each Federal 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 OSC 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 former employee, or to violate the procedural rights of a
Federal employee or former employee who has been accused of
discrimination.
Additional Information
For further information regarding the No FEAR Act regulations,
refer to 5 CFR part 724. Additional information regarding Federal
antidiscrimination and whistleblower protection laws can be found at
the EEOC Web site at http://www.eeoc.gov, and the OSC Web site at
http://www.osc.gov You can also access the fact sheet, ``Your Rights as a Federal Employee,'' on the OSC Web site at http://www.osc.gov/.
documents/pubs/rights/htm. The pamphlet, ``The Role of the U.S. Office
of Special Counsel,'' also contains information about the Whistleblower
Protection Act of 1989 and telephone numbers for reporting purposes.
You can access it at http://www.osc.gov/documents/pubs/oscrole.pdf. You
can also learn more from the Chief Human Capital Officer and the Office
of General Counsel of OFHEO.
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 for employment under the
laws of the United States, including the provisions of law specified in
5 U.S.C. 2302(d).
Dated: November 21, 2006.
James B. Lockhart III,
Director, Office of Federal Housing Enterprise Oversight.
[FR Doc. E6-20503 Filed 12-4-06; 8:45 am]
BILLING CODE 4220-01-P