[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14439-14440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6076]
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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
[Doc. No. 11-002]
No FEAR Act Notice
AGENCY: Recovery Accountability and Transparency Board.
ACTION: Notice.
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SUMMARY: The Recovery Accountability and Transparency Board (Board) is
providing notice to its employees, former employees, and applicants for
Board employment about the rights and remedies available to them under
the Federal antidiscrimination, whistleblower protection, and
retaliation laws. This notice fulfills the Board's initial notification
under the Notification and Federal Employee
[[Page 14440]]
Antidiscrimination and Retaliation Act (No FEAR Act or Act), as
implemented by Office of Personnel Management (OPM) regulations 5 CFR
part 724.
FOR FURTHER INFORMATION CONTACT: Jennifer Dure, General Counsel, by
mail at Recovery Accountability and Transparency Board, 1717
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006, or by
telephone at (202) 254-7900. Additional information can be found at the
Board's Web site at http://www.recovery.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. See Public Law
107-174, codified at 5 U.S.C. 2301 note. 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 its
employees, former employees and applicants for Board 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, 2 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 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 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
disclosures 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
disclosures 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, agencies must seek approval
from 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 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 appropriate offices within your
agency (e.g., human resources office or legal office). Additional
information regarding Federal antidiscrimination 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).
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2011-6076 Filed 3-15-11; 8:45 am]
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