No FEAR Act, Antidiscrimination, and Whistleblower Protection

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No FEAR Act 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.

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 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 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 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 or contact:

Office of Civil Rights and Diversity
1275 First Street NE
Washington, DC 20526
202.692.2139
Fax: 202.692.1251
[email protected]

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).


No FEAR Act: Equal Employment Opportunity data

For FY2024 Q1, period ending December 31, 2023

Complaint Activity Comparative Data
Previous Fiscal Year Data 2024
through
Dec 31
2019 2020 2021 2022 2023
Number of Complaints Filed 4 6 2 5 5 1
Number of Complainants 4 6 2 5 5 1
Repeat Filers 0 0 0 0 0 0

Complaints by Basis Comparative Data
Note: Complaints can be filed alleging multiple bases. The sum of the bases may not equal total complaints filed. Previous Fiscal Year Data 2024
through
Dec 31
2019 2020 2021 2022 2023
Race 2 3 2 5 3 0
Color 0 1 0 2 1 0
Religion 0 0 0 0 0 0
Reprisal 2 3 2 2 2 1
Sex 2 1 2 2 2 0
PDA 0 0 0 0 0 0
National Origin 0 0 0 1 0 0
Equal Pay Act 0 0 0 1 0 0
Age 0 1 1 1 2 0
Disability 2 4 0 0 1 1
Genetics 0 0 0 0 0 0
Non-EEO 0 0 0 0 0 0

Complaints by Issue Comparative Data
Note: Complaints can be filed alleging multiple bases. The sum of the bases may not equal total complaints filed. Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
Appointment/Hire 0 1 0 0 0 0
Assignment of Duties 0 0 0 0 0 1
Awards 0 0 0 0 0 0
Conversion to Full Time 0 0 0 0 0 0
Disciplinary Action
Demotion 0 0 0 0 0 0
Reprimand 0 0 0 0 0 0
Suspension 0 0 0 1 0 0
Removal 0 0 0 1 0 0
Other 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0
Evaluation/ Appraisal 0 0 0 0 1 0
Examination/Test 0 0 0 0 0 0
Harassment
Non-Sexual 2 3 2 4 3 1
Sexual 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0
Pay including Overtime 1 0 0 2 1 0
Promotion/Non-Selection 1 2 0 1 0 0
Reassignment
Denied 0 0 0 0 0 0
Directed 0 0 0 0 1 0
Reasonable Accommodation 2 0 0 0 1 0
Reinstatement 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0
Retirement 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0
Telework 0 0 0 0 0 0
Termination 0 1 0 0 1 0
Terms/Conditions of Employment 0 0 1 0 0 1
Time & Attendance 0 0 1 0 0 0
Training 0 0 0 1 1 0
Other 1 0 0 1 0 0

Processing Time Comparative Data
Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
Complaints pending during fiscal year
Average number of days in investigation 0.00 242.86 152.00 322.00 236.00 174.00
Average number of days in final action 0.00 96.50 112.33 0.00 56.50 0.00
Complaint pending during fiscal year where hearing was requested
Average number of days in investigation 0.00 275.67 174.00 322.00 301.50 174.00
Average number of days in final action 0.00 0.00 0.00 0.00 0.00 0.00
Complaint pending during fiscal year where hearing was not requested
Average number of days in investigation 0.00 218.25 130.00 0.00 170.50 0.00
Average number of days in final action 0.00 96.50 122.33 0.00 56.50 0.00

Complaints dismissed by agency Comparative Data
Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
Total Complaints Dismissed by Agency 0 0 0 2 0 0
Average Days pending prior to dismissal 0 0 0 20 0 0
Complaints Withdrawn by Complainants
Total Complaints Withdrawn by Complainants 0 1 1 0 0 0

Total Final Agency Actions Finding Discrimination Comparative Data
Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
# % # % # % # % # % # %
Total Number Findings 0 0 0 0 0 0
Without Hearing 0 0 0 0 0 0 0 0 0 0 0 0
With Hearing 0 0 0 0 0 0 0 0 0 0 0 0

Findings of Discrimination Rendered by Basis Comparative Data
Note: Complaints can be filed alleging multiple bases. The sum of the bases may not equal total complaints and findings. Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
# % # % # % # % # % # %
Total Number Findings 0 0 0 0 0 0
Race 0 0 0 0 0 0 0 0 0 0 0 0
Color 0 0 0 0 0 0 0 0 0 0 0 0
Religion 0 0 0 0 0 0 0 0 0 0 0 0
Reprisal 0 0 0 0 0 0 0 0 0 0 0 0
Sex 0 0 0 0 0 0 0 0 0 0 0 0
PDA 0 0 0 0 0 0 0 0 0 0 0 0
National Origin 0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0
Age 0 0 0 0 0 0 0 0 0 0 0 0
Disability 0 0 0 0 0 0 0 0 0 0 0 0
Genetics 0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0
Findings After Hearing 0 0 0 0 0 0
Race 0 0 0 0 0 0 0 0 0 0 0 0
Color 0 0 0 0 0 0 0 0 0 0 0 0
Religion 0 0 0 0 0 0 0 0 0 0 0 0
Reprisal 0 0 0 0 0 0 0 0 0 0 0 0
Sex 0 0 0 0 0 0 0 0 0 0 0 0
PDA 0 0 0 0 0 0 0 0 0 0 0 0
National Origin 0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0
Age 0 0 0 0 0 0 0 0 0 0 0 0
Disability 0 0 0 0 0 0 0 0 0 0 0 0
Genetics 0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0
Findings Without Hearing 0 0 0 0 0 0
Race 0 0 0 0 0 0 0 0 0 0 0 0
Color 0 0 0 0 0 0 0 0 0 0 0 0
Religion 0 0 0 0 0 0 0 0 0 0 0 0
Reprisal 0 0 0 0 0 0 0 0 0 0 0 0
Sex 0 0 0 0 0 0 0 0 0 0 0 0
PDA 0 0 0 0 0 0 0 0 0 0 0 0
National Origin 0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0
Age 0 0 0 0 0 0 0 0 0 0 0 0
Disability 0 0 0 0 0 0 0 0 0 0 0 0
Genetics 0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0

Findings of Discrimination Rendered by Issue Comparative Data
Note: Complaints can be filed alleging multiple bases. The sum of the bases may not equal total complaints and findings. Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
# % # % # % # % # % # %
Total Number Findings 0 0 0 0 0 0
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion 0 0 0 0 0 0 0 0 0 0 0 0
Reprimand 0 0 0 0 0 0 0 0 0 0 0 0
Suspension 0 0 0 0 0 0 0 0 0 0 0 0
Removal 0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Evaluation/ Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied 0 0 0 0 0 0 0 0 0 0 0 0
Directed 0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other - User Define
Findings After Hearing 0 0 0 0 0 0
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion 0 0 0 0 0 0 0 0 0 0 0 0
Reprimand 0 0 0 0 0 0 0 0 0 0 0 0
Suspension 0 0 0 0 0 0 0 0 0 0 0 0
Removal 0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Evaluation/Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied 0 0 0 0 0 0 0 0 0 0 0 0
Directed 0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other - User Define
Findings Without Hearing 0 0 0 0 0 0
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion 0 0 0 0 0 0 0 0 0 0 0 0
Reprimand 0 0 0 0 0 0 0 0 0 0 0 0
Suspension 0 0 0 0 0 0 0 0 0 0 0 0
Removal 0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Evaluation/Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Sexual 0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied 0 0 0 0 0 0 0 0 0 0 0 0
Directed 0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other - User Define

Pending Complaints Filed in Previous Fiscal Years by Status Comparative Data
Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
Total complaints from previous Fiscal Years 2 3 3 2 1 4
Total Complainants 2 3 3 2 1 4
Number complaints pending
Investigation 0 0 0 0 0 2
ROI issued, pending Complainant\'s action 0 0 0 0 0 0
Hearing 2 3 3 2 1 2
Final Agency Action 0 0 0 0 0 0
Appeal with EEOC Office of Federal Operations 0 0 1 0 0 0

Complaint Investigations Comparative Data
Previous Fiscal Year Data 2024
Through
Dec 31
2019 2020 2021 2022 2023
Pending Complaints Where Investigations Exceed Required Time Frames 0 1 0 0 0 0