[Federal Register: April 4, 2008 (Volume 73, Number 66)]
[Notices]
[Page 18490-18491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap08-20]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002; 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.'' 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.
This agency also prohibits discrimination based on sexual
orientation. The right to address sexual orientation discrimination
derives from Executive Order 13087.
If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, national
origin, disability, parental status or sexual orientation 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 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 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 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 protection laws listed
above. If you believe that you are the victim of retaliation for
engaging in protected
[[Page 18491]]
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 724. You may also contact the USAID Office of Equal
Opportunity Programs (EOP). 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).
FOR FURTHER INFORMATION CONTACT: Lisa M. Lawler by telephone at (202)
712-0111; by FAX at (202) 216-3370; or by e-mail at llawler@usaid.gov.
Dated: March 28, 2008.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs.
[FR Doc. E8-6990 Filed 4-3-08; 8:45 am]
BILLING CODE 6116-01-P