FR Doc E6-11541

\[Federal Register: July 20, 2006 (Volume 71, Number 139)\]

\[Rules and Regulations\]

\[Page 41095-41099\]

From the Federal Register Online via GPO Access \[wais.access.gpo.gov\]

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Rules and Regulations

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This section of the FEDERAL REGISTER contains regulatory documents

having general applicability and legal effect, most of which are keyed

to and codified in the Code of Federal Regulations, which is published

under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of
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Prices of new books are listed in the first FEDERAL REGISTER issue of
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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 724

RIN 3206-AK38

Implementation of Title II of the Notification and Federal

Employee Antidiscrimination and Retaliation Act of 2002\--Notification &

Training

AGENCY: Office of Personnel Management.

ACTION: Final rule.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

SUMMARY: The Office of Personnel Management (OPM) is issuing final

regulations to carry out the notification and training requirements of

the Notification and Federal Employees Antidiscrimination and

Retaliation Act of 2002 (No FEAR Act). This rule will implement the

notice and training provisions of the No FEAR Act.

DATES: Effective September 18, 2006.

FOR FURTHER INFORMATION CONTACT: Gary D. Wahlert by telephone at (202)

606-2930; by FAX at (202) 606-2613; or by e-mail at NoFEAR@opm.gov.

SUPPLEMENTARY INFORMATION:

Background

The United States and its citizens are best served when the Federal

workplace is free of discrimination and retaliation. In order to

maintain a productive workplace that is fully engaged with the many

important missions before the Government, Congress noted that it is

essential that the rights of employees, former employees and applicants

for Federal employment under Federal antidiscrimination and

whistleblower protection laws be steadfastly protected. Congress also

stated that agencies cannot be run effectively if those agencies

practice or tolerate discrimination. Congress has found that

notification of present and former Federal employees and applicants for

Federal employment of their rights under antidiscrimination and

whistleblower protection laws, combined with training of current

employees, should increase Federal agency compliance with the laws.

Congress entrusted the President with the authority to promulgate rules

to carry out this title, and the President, in turn, delegated to OPM

the authority to issue regulations to implement the notification and

training provisions of Title II of the No FEAR Act, Public Law 107-174.

These regulations carry out that authority.

Introduction

On February 28, 2005, OPM published at 70 FR 9544 (2005) a proposed

rule implementing the notification and training provisions of the No

FEAR Act and providing a 60-day comment period. On May 26, 2005, OPM at

70 FR 30380 (2005) extended the comment period to June 28, 2005. OPM

received 18 comments from Federal agencies or departments, 6 comments

from union representatives, and 15 comments from others, including the

No FEAR Coalition. OPM commends and thanks all who have provided

comments on this important topic, and OPM has carefully considered each

comment.

Comments on Definitions

The proposed regulations defined the following terms that are used

in the regulations: \`\`antidiscrimination laws,\'\' \`\`whistleblower

protection laws,\'\' \`\`notice,\'\' and \`\`training.\'\'

Several commenters suggested that the definition of

antidiscrimination laws be expanded to cover matters under 5 U.S.C.

2302(b)(10) in order to include discrimination on the basis of sexual

orientation as a form of prohibited discrimination under the No FEAR

Act. Some stated that Executive Order 13087 (amending Executive Order

11478, \`\`Equal Employment Opportunity in the Federal Government\'\')

prohibits discrimination on the basis of sexual orientation. OPM notes

that the No FEAR Act does not directly refer to 5 U.S.C. 2302(b)(10) as

a law covered by the Act or refer to Executive Order 13087 (or 11478)

as being covered by the Act. The regulations address those matters

directly identified in the No FEAR Act. Therefore, the suggestion is

not adopted.

Several commenters suggested that the definition of whistleblower

protection laws be expanded to cover whistleblower protections under

other laws, e.g., Clean Air Act, Safe Drinking Water Act, and others.

The No FEAR Act does not directly refer to whistleblower protections

other than those established by the Whistleblower Protection Act of

1989, as amended. Again, the regulations address those matters directly

identified in the No FEAR Act. Thus, the suggestion is not adopted.

Comments on Notification Obligations

The proposed regulations prescribed the \`\`time, form, and manner\'\'

of the notices to employees, former employees, and applicants as

required by section 202 of the No FEAR Act. The proposal included model

paragraphs for agencies to use and proposed the time frames for the

notification process.

Several commenters asked that OPM clarify what is meant by \`\`former

employee\'\' in terms of agencies\' obligation to notify former
employees

about their rights under Federal antidiscrimination and whistleblower

protection laws. In this regard, the commenters wanted to know how long

after an employee left an agency would it be until the agency\'s

obligation to notify him or her expires. OPM notes that the No FEAR Act

makes no distinction about former employees and when they are to be

notified, that is, there is no time limitation on former employees\'

rights to be notified under the Act. OPM also notes, however, that the

proposed rule did not require agencies to contact former employees and

applicants individually but could provide notice though other means,

e.g., posting a notice on agencies\' Web sites. The final rule has been

revised to make this clearer by requiring that the initial notice be

published in the Federal Register and the same notice be posted on each

agency\'s Web site.

Several commenters requested a clearer explanation of agency notice

obligations and how they are to meet them. Some commenters requested

that the regulations clarify agency responsibilities to post notices

through the Federal Register process. One commenter suggested that OPM

post a government-wide notice through this process on behalf of all

agencies. OPM notes that the Federal Register process

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was identified as an approved means to meet notification obligations

under the Act in those cases where the agency does not have a Web site

and the regulations have been clarified in this regard. Because the

notice obligation rests with individual agencies, however, OPM declines

to adopt the suggestion that OPM post a government-wide notice. At a

minimum, agencies are required to include in their notices the text

required by these regulations but may also add additional text in light

of their individual agency circumstances. The final regulation also

draws distinctions between the notice for employees and notice for

former employees and applicants. Finally, one commenter asked whether a

single posting on an agency\'s Internet Web site would meet the initial

notification requirements of section 724.202(e) of the proposed rule.

OPM\'s response is that it would not. The final rules require that all

agencies\' initial notices be published in the Federal Register. In

addition, all agencies with Web sites are required to place the same

notices on their sites where they are to remain until replaced or

revised.

Several commenters suggested that agencies be afforded discretion

and flexibility to modify the proposed model notice language to fit

their needs rather than be required to use the model language verbatim.

Because the notice obligation applies governmentwide, OPM believes that

the required information established by these regulations should be

consistent governmentwide. This would eliminate any confusion that

might be created if content varied from agency to agency. Therefore,

OPM does not adopt the suggestion and agencies are required to use the

model language contained in the regulations. While the required

information would be consistent governmentwide, OPM notes that agencies

have the authority under the regulations to provide additional

information within the notice. One commenter noted that the proposed

section 724.202(f) would require agencies to provide a notice in

alternative, accessible formats if requested by employees, former

employees and applicants. The commenter was concerned that this might

be read to impose requirements beyond those covered in section 508 of

the Rehabilitation Act of 1973, as amended. OPM notes that section 508

is limited to electronic materials and the regulations address other

materials such as (non-electronic) written notices. Therefore, OPM has

not deleted the section but has modified it to state that agencies are

obligated to provide requested notices in alternative, accessible

formats to the extent required by law.

Several commenters suggested that the model language describing the

bases for prohibited discrimination be expanded to include sexual

orientation. As noted previously in discussing the definition of

antidiscrimination laws, OPM has decided not to expand the regulations

beyond the express terms of the No FEAR Act; thus the suggestion is not

adopted. Similar suggestions that the model language include references

to types of whistleblowing other than that protected by the

Whistleblower Protection Act of 1989, as amended, are not adopted

because OPM has decided not to expand the regulations as previously

discussed.

One commenter suggested as unnecessary the last sentence in the

\`\`Disciplinary Actions\'\' portion of the model language that states

agencies may not take unfounded disciplinary actions. OPM believes it

is important to state clearly that the No FEAR Act does not change

existing laws with respect to taking disciplinary actions. As the No

FEAR Act states in section 102, increased accountability under the Act

is not furthered \`\`by taking unfounded disciplinary actions against

managers or by violating the procedural rights of managers.\'\' Thus,
OPM

does not adopt the suggestion.

OPM also made a technical change to the \`\`Disciplinary Actions\'\'

portion of the model language to clarify the circumstances in which

disciplinary action may be appropriate. Accordingly, the final rule

states that employees may be disciplined for conduct inconsistent with

Federal antidiscrimination and whistleblower protection laws.

Several commenters requested clarification of the relationship of

the No FEAR Act notification process to the Office of Special Counsel

(OSC) certification program which calls for agencies to inform

employees about their whistleblower protection rights. During the

development of the proposed regulations, OPM consulted OSC on this

issue and we agreed there is overlap between the two notification

programs, with the No FEAR Act notification obligation being broader.

As a result, a properly completed notice under the No FEAR Act might

also meet that agency\'s obligations under OSC\'s certification program.

Agencies are cautioned, however, to verify with OSC that their specific

No FEAR notification process in fact does meet the requirements of the

OSC\'s program. An agency\'s OSC-approved notice that includes the

minimum model language in these regulations would satisfy the

notification requirements of the No Fear Act.

One commenter suggested that the proposed model language stating

that \`\`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\'\' is in error.

The commenter asserted that allegations of discrimination cannot be

addressed by an agency\'s administrative grievance procedure. While

OPM\'s former rules on administrative grievance procedures prohibited

such coverage, OPM eliminated that restriction ten years ago (see 60 FR

47040, September 11, 1995), and some agencies do provide for such

coverage in their administrative grievance procedure.

Comments on Training Obligations

The proposed regulations prescribed the requirements for Federal

agencies to provide training under section 202 of the No FEAR Act to

all their employees regarding their rights and remedies under Federal

antidiscrimination and whistleblower protection laws. The proposed

regulations called for agencies to develop written plans for meeting

their training obligations under the Act and prescribed time limits for

providing the training.

A commenter noted that some of the time frames in the regulations

were expressed in \`\`business days\'\' while others used \`\`calendar
days\'\'

and suggested that the final rule use consistent terminology. OPM

agrees that consistency within the regulations promotes better

understanding and therefore adopts the suggestion. As a result, the

time frames in the final regulations have been modified to use the term

calendar days in all cases and the number of calendar days adjusted to

reflect a comparable amount of actual time as proposed, e.g., 90

calendar days instead of 60 business days.

One commenter suggested that the word \`\`content\'\' be replaced in

section 724.203(b) of the proposed regulations concerning training

plans because the \`\`content\'\' of training is already set by the No
FEAR

Act itself, i.e., training on the rights and remedies available under

the Antidiscrimination Laws and Whistleblower Protection Laws. OPM

agrees and adopts the suggestion, changing \`\`content\'\' to
\`\`training

materials\'\' as a necessary element to be described in each agency\'s

training plan.

In another reference to the content of agency training, a second

commenter noted that section 102(5)(B) of the No FEAR Act provides that

\`\`Federal

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agencies should ensure that managers have adequate training in the

management of a diverse workforce and in dispute resolution and other

essential communication skills.\'\' This provision is part of a number
of

items in the Act reflecting the \`\`Sense of Congress\'\'; however, this

language is not repeated in the Act\'s section 202(c) which

independently prescribes the content of agency training. Training on

dispute resolution and communications skills, for example, may be

beneficial, and agencies are free to include such topics in their

training programs. Such topics are not, however, required under the Act

and OPM declines to require such training as part of agencies\'

obligation to train employees on the rights and remedies available

under the Antidiscrimination Laws and Whistleblower Protection Laws.

In addition to the above specific issues, a number of commenters

suggested that OPM review and/or approve agency training programs,

provide an oversight/enforcement mechanism on training, and receive

periodic reports from agencies. Some commenters suggested that the No

FEAR Coalition be a part of an OPM review process of agency training

plans. OPM notes that under section 724.302(a)(9) of the proposed rule,

each agency will be required to report on their written plan developed

under 724.203(a) of this final rule. Copies of the agency\'s report will

be provided to Members of Congress, the Chair of the EEOC, the Attorney

General and the Director of OPM. This reporting mechanism will provide

an appropriate level of oversight; therefore the suggestions are not

adopted.

Several commenters suggested that the Equal Employment Opportunity

Commission and the Office of Special Counsel develop training programs

that agencies could use to meet their training obligations. OPM notes

that the No FEAR Act did not task these agencies with that

responsibility, and OPM will not do so. Agencies, however, may seek

assistance and information from these agencies.

One commenter recommended that the final rule clarify that, while

agencies are required to train their employees, this requirement does

not extend to contract employees. OPM believes that the language is

clear on its face that only current Federal employees are to be

trained; thus OPM does not adopt the recommendation.

One commenter suggested that OPM require agencies to conduct face-

to-face training as opposed to other types of training, e.g., computer-

based training. OPM has determined that it is best left to agencies to

decide the most appropriate method(s) of training for their employees.

OPM therefore declines to adopt this suggestion.

One commenter noted that the proposed regulations appeared to

require agencies to incorporate No FEAR Act training into their new

employee orientation programs if they have such programs. While

agencies may do so (and OPM believes this may be an efficient vehicle

for agencies to meet their training obligations), OPM did not intend to

prevent agencies from conducting other training for new employees

outside of the orientation process. OPM\'s intent instead is to ensure

that if training is not done during a new employee orientation, it is

completed within 90 calendar days after an employee enters on duty.

Therefore, OPM has modified the regulation to clarify that agencies may

train new employees on the rights and remedies under Federal

antidiscrimination and whistleblower protection laws using new employee

orientation programs or other training programs as long as the

applicable training program is completed within 90 calendar days after

an employee enters on duty.

Many commenters expressed concern about the proposed requirement

that agencies complete initial training of their employees under the No

FEAR Act by September 30, 2005. Their concerns include the logistics of

training large numbers of employees in a short time, the burden on

small agencies with limited resources, and the Federal budget request

cycle. A number of commenters suggested that September 30, 2006, would

be a more feasible date for completing initial training. One commenter

suggested moving the initial training date to 2007. Other commenters,

including the No FEAR Coalition, however, expressed their deep concern

about the amount of time already expended in developing the regulations

governing training. In balancing these concerns, OPM notes the

importance Congress has attached to the training obligation, and

concludes that it is imperative that agencies be allowed sufficient

time to develop and deliver to employees the quality training that they

deserve and to which they are entitled under the Act. Therefore, OPM

has decided to require that initial training be completed within 90

days of the effective date of these regulations.

Several commenters expressed concern about the proposed rule\'s

requirement for a two-year training cycle after the initial training is

completed. Some recommended no additional training and another

recommended a five-year cycle. OPM has taken into account comments on

the initial training, e.g., the logistics of training large numbers of

employees, the burdens on small agencies, and the Federal budget

request cycle. OPM believes, however, that on-going training is

essential to maintaining a workforce that is knowledgeable about its

rights and remedies under these laws. Accordingly, OPM is retaining the

two-year training cycle as proposed.

Miscellaneous Comments

One commenter suggested that OPM issue regulations concerning the

discipline of employees for violations of Federal antidiscrimination

and whistleblower protection laws. OPM notes that section 204 of Title

II of the No FEAR Act requires the President or his designee (OPM) to

conduct a study of agency best practices in taking such disciplinary

actions and then to develop advisory guidelines for agencies to follow

in taking action. Because the No FEAR Act (through delegation by the

President) already assigns this similar responsibility to OPM, the

suggestion is not adopted.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because the

regulations pertain only to Federal employees and agencies.

E.O. 12866, Regulatory Review

This final rule has been reviewed by the Office of Management and

Budget under Executive Order 12866.

E.O. 13132

This regulation will not have substantial direct effects on the

States, on the relationship between the National Government and the

States, or on distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 13132, it is determined that this rule does not have sufficient

federalism implications to warrant preparation of a Federalism

Assessment.

E.O. 12988, Civil Justice Reform

This regulation meets the applicable standard set forth in sections

3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and

tribal governments, in the aggregate, or by the private sector, of

\$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were

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deemed necessary under the provisions of the Unfunded Mandates Reform

Act of 1995.

Congressional Review Act

This action pertains to agency management, personnel and

organization and does not substantially affect the rights or

obligations of non-agency parties and, accordingly, is not a
\`\`rule\'\'

as that term is used by the Congressional Review Act (Subtitle E of the

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).

Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 5 CFR Part 724

Administrative practice and procedure, Civil rights, Claims.

U.S. Office of Personnel Management.

Linda M. Springer,

Director.

0

Accordingly, OPM amends part 724 of title 5, Code of Federal

Regulations, as follows:

PART 724\--IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND

FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002

0

1\. The authority citation for part 724 continues to read as follows:

Authority: Sec. 204 of Public Law 107-174; Presidential

Memorandum dated July 8, 2003, \`\`Delegation of Authority Under

Section 204(a) of the Notification and Federal Employee

Antidiscrimination Act of 2002.\'\'

Subpart A\--Reimbursement of Judgment Fund

0

2\. In Sec. 724.102 of subpart A, add new definitions for

Antidiscrimination Laws, Notice, Training, and Whistleblower Protection

Laws in alphabetical order to read as follows:

Sec. 724.102 Definitions.

\* \* \* \* \*

Antidiscrimination Laws refers to 5 U.S.C. 2302(b)(1), 5 U.S.C.

2302(b)(9) as applied to conduct described in 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.

\* \* \* \* \*

Notice means the written information provided by Federal agencies

about the rights and protections available under Federal

Antidiscrimination Laws and Whistleblower Protection Laws.

\* \* \* \* \*

Training means the process by which Federal agencies instruct their

employees regarding the rights and remedies applicable to such

employees under the Federal Antidiscrimination Laws and Whistleblower

Protection Laws.

Whistleblower Protection Laws refers to 5 U.S.C. 2302(b)(8) or 5

U.S.C. 2302(b)(9) as applied to conduct described in 5 U.S.C.

2302(b)(8).

0

3\. A new subpart B to Part 724 is added to read as follows:

Subpart B\--Notification of Rights and Protections and Training

Sec.

724.201 Purpose and scope.

724.202 Notice obligations.

724.203 Training obligations.

Sec. 724.201 Purpose and scope.

\(a\) This subpart implements Title II of the Notification and

Federal Employee Antidiscrimination and Retaliation Act of 2002

concerning the obligation of Federal agencies to notify all employees,

former employees, and applicants for Federal employment of the rights

and protections available to them under the Federal Antidiscrimination

Laws and Whistleblower Protection Laws. This subpart also implements

Title II concerning the obligation of agencies to train their employees

on such rights and remedies. The regulations describe agency

obligations and the procedures for written notification and training.

\(b\) Pursuant to section 205 of the No FEAR Act, neither that 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).

Sec. 724.202 Notice obligations.

\(a\) Each agency must provide notice to all of its employees, former

employees, and applicants for Federal employment about the rights and

remedies available under the Antidiscrimination Laws and Whistleblower

Protection Laws applicable to them.

\(b\) The notice under this part must be titled, \`\`No FEAR Act

Notice.\'\'

\(c\) Each agency must provide initial notice within 60 calendar days

after September 18, 2006. Thereafter, the notice must be provided by

the end of each successive fiscal year and any posted materials must

remain in place until replaced or revised.

\(d\) After the initial notice, each agency must provide the notice

to new employees within 90 calendar days of entering on duty.

\(e\) Each agency must provide the notice to its employees in paper

(e.g., letter, poster or brochure) and/or electronic form (e.g., e-

mail, internal agency electronic site, or Internet Web site). Each

agency must publish the initial notice in the Federal Register.

Agencies with Internet Web sites must also post the notice on those Web

sites, in compliance with section 508 of the Rehabilitation Act of

1973, as amended. For agencies with components that operate Internet

Web sites, the notice must be made available by hyperlinks from the

Internet Web sites of both the component and the parent agency. An

agency may meet its paper and electronic notice obligation to former

employees and applicants by publishing the initial notice in the

Federal Register and posting the notice on its Internet Web site if it

has one.

\(f\) To the extent required by law and upon request by employees,

former employees and applicants, each agency must provide the notice in

alternative, accessible formats.

\(g\) Unless an agency is exempt from the cited statutory provisions,

the following is the minimum text to be included in the notice. Each

agency may incorporate additional information within the model

paragraphs, as appropriate.

Model Paragraphs

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

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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, as well as the appropriate offices within

your agency (e.g., EEO/civil rights office, human resources office

or legal office). 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).

Sec. 724.203 Training obligations.

\(a\) Each agency must develop a written plan to train all of its

employees (including supervisors and managers) about the rights and

remedies available under the Antidiscrimination Laws and Whistleblower

Protection Laws applicable to them.

\(b\) Each agency shall have the discretion to develop the

instructional materials and method of its training plan. Each agency

training plan shall describe:

\(1\) The instructional materials and method of the training,

\(2\) The training schedule, and

\(3\) The means of documenting completion of training.

\(c\) Each agency may contact EEOC and/or OSC for information and/or

assistance regarding the agency\'s training program. Neither agency,

however, shall have authority under this regulation to review or

approve an agency\'s training plan.

\(d\) Each agency is encouraged to implement its training as soon as

possible, but required to complete the initial training under this

subpart for all employees (including supervisors and managers) by

December 17, 2006. Thereafter, each agency must train all employees on

a training cycle of no longer than every 2 years.

\(e\) After the initial training is completed, each agency must train

new employees as part of its agency orientation program or other

training program. Any agency that does not use a new employee

orientation program for this purpose must train new employees within 90

calendar days of the new employees\' appointment.

\[FR Doc. E6-11541 Filed 7-19-06; 8:45 am\]

BILLING CODE 6325-39-P