What Act does a Federal agency violate if agency authorities take retaliatory

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 No FEAR Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Pub. L. 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Pub. L. 107– 74, 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 them of their rights and protections. All CDC/ATSDR staff is required to complete a mandatory No FEAR Act training. CDC/ATSDR is committed to complying with the polices, regulations and procedures as outlined in the Act.

For more information about the No FEAR Act, please visit Office of Personnel Managementexternal icon.

No FEAR Act Data

The Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002 (Public Law No. 107-174) was passed by both houses of Congress and was signed into law by President Bush on May 15, 2002. This landmark legislation became effective on October 1, 2003.

The intent of the Act is to help ensure that federal agencies…

  • Demonstrate a commitment to ensuring that employees who pursue claims under the federal administrative equal employment opportunity (EEO) complaint process and who engage in whistleblower activities are protected and are not retaliated against; and
  • Act more expeditiously to resolve complaints that are raised at the administrative level when it is appropriate to do so.

In addition, the No FEAR Act requires federal agencies to…

  • Notify employees and applicants for employment about their rights and remedies applicable to employees under this law cited in section 201(c) (Title 5, United States Code, Section 2302(b));
  • Post statistical data relating to federal sector equal employment opportunity complaints on its public Web site;
  • Ensure that their managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;
  • Conduct studies on the trends and causes of complaints of discrimination;
  • Implement new measures to improve the complaint process and the work environment;
  • Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal;
  • Reimburse the Judgment Fund for any discrimination- and whistleblower-related settlements or judgments reach in Federal court;
  • Produce annual reports of status and progress to Congress, the Attorney General, and the U.S. Equal Employment Commission; and
  • Statistical data relating to the Department of Health and Human Services equal employment opportunity complaints is available on the DHHS Web site.

Equal Employment Opportunity Data Posted Pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), P.L. 107-174, and Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, H.R. 6395, Title XI, Subtitle B (Sections 1131-1138)

MISSION

On May 15, 2002, President Bush signed the Notification and Federal Employee Anti-discrimination and Retaliation Act (No FEAR Act), which increases Federal agency accountability for acts of discrimination or reprisal against employees. This act, which took effect on October 1, 2003, makes Federal agencies individually accountable for violations of anti-discrimination and whistleblower protection laws. On January 1, 2021, lawmakers passed EEO reforms aptly called the Elijah Cummings Federal Employee Antidiscrimination Act of 2020 as part of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.  The law amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, signed by George W. Bush.  It also strengthens Federal anti-discrimination laws U. S. Equal Employment Opportunity Commission's (EEOC) enforces and expands accountability within the Federal Government by:

  • Posting of EEO complaint data on the Internet. Each Federal agency must post on its public web site certain summary statistical data relating to equal opportunity complaints filed against the agency.
  • The agency must post data for the current fiscal year on a cumulative basis (year-to-date information), updated quarterly.
  • An agency also must post year-end data for the five previous fiscal years for comparison purposes. In addition, section 302 of the No Fear Act requires the Equal Employment Opportunity Commission (EEOC) to post government-wide, summary statistical data pertaining to hearings requested under 29 C.F.R. Part 1614 and appeals filed with EEOC.
  • The posting of EEO data on agency public web sites is intended to assist Congress, Federal agencies and the public to assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities.
  • Reporting on disciplinary actions related to findings of discrimination, including retaliation.  Agencies are to report on such events via an online posting (within 90 days of such finding) and via a written report to the EEOC (within 120 days of such finding).
  • Establishing a model Equal Employment Opportunity Program independent of either their Offices of Human Capital or Office of General Counsel or equivalent.
  • Restricting nondisclosure agreements from prohibiting or restricting personnel from disclosing whistleblower information.
  • The amended law also reinforces the need for the EEOC to comply with its established Memorandum of Understanding (MOU) with the Office of Special Counsel (OSC).  The MOU states: "The EEOC shall refer to OSC for potential OSC enforcement action cases in which the EEOC finds that an agency or an officer or employee thereof has discriminated against any employee or applicant for employment in violation of section 717 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-16)."

CONTENTS

Data Source: I-Trak Complaints Management System (ICMS)

Bureau of Engraving and Printing (BEP)

  • BEP PDF
  • BEP Word

Bureau of Fiscal Service (BFS)

  • BFS PDF
  • BFS Word

Departmental Offices (DO)

  • DO PDF
  • DO Word

Financial Crimes Enforcement Network (FINCEN)

  • FINCEN PDF
  • FINCEN Word

Internal Revenue Service (IRS

  • IRS PDF
  • IRS Word

Internal Revenue Service Office of the Chief Counsel (IRSCC)

  • IRSCC PDF
  • IRSCC Word

U.S. Mint

  • Mint PDF
  • Mint Word

Office of the Comptroller of the Currency (OCC) 

  • OCC PDF
  • OCC Word

Office of the Inspector General (OIG)

  • OIG PDF
  • OIG Word

Special Inspector General for Pandemic Recovery (SIGPR)

  • SIGPR PDF
  • SIGPR Word

Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP)

  • SIGTARP PDF
  • SIGTARP Word

Treasury Inspector General for Tax Administration (TIGTA)

  • TIGTA PDF
  • TIGTA Word

Alcohol and Tobacco Tax and Trade Bureau (TTB)

  • TTB PDF
  • TTB Word

What is reprisal according to the civil?

What is reprisal according to the Civil Service Reform Act? Retaliation against an individual who has engaged in activity protected under Federal antidiscrimination and whistleblower protection. Appeals must be filed with the MSPB within 30 days of the effective date of the personnel action.

What is the purpose of the Merit Systems Protection Board quizlet?

Merit Systems Protection Board ensures candidates are hired based on merit.

What is the purpose of the Equal Employment Opportunity Commission?

EEOC investigates complaints of job discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information. If we believe an employer is violating our laws, we take action to stop the discrimination.

Which term describes a person who exposes any kind of information or activity that is deemed illegal?

A whistleblower is a person who exposes information or activity that is deemed illegal, dishonest, or violates professional or clinical standards.