# Presentation: 252899

## NATIONAL SCIENCE FOUNDATION

| Office of Equal Opportunity Programs |
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**November 2006**

**No FEAR Act Awareness Training**

## Introduction

**The purpose of this document is to provide a printable, self-paced information briefing on the No FEAR Act.**
- The intent of the No FEAR Act is to...
-  increase federal government agencies' compliance with antidiscrimination laws
-  prevent retaliation for whistleblowing
-  improve federal government agencies' accountability in cases of discrimination and retaliation

_**Introduction**_

## Learning Objectives

-  Provisions of Antidiscrimination Laws
-  Processes for pursuing a discrimination complaint
-  Remedies available to federal employees for discrimination
-  Employee rights under Whistleblower Laws
-  Process for pursuing a whistleblower complaint
-  Remedies available to federal employees under whistleblower laws

_**Learning Objectives**_

## No FEAR Act Training Requirements

-  One requirement of the No FEAR Act is that every Federal agency must train all of its employees about the rights and remedies available under Antidiscrimination Laws and Whistleblower Protection Laws.
-  This presentation provides you with the required information.

_**No FEAR Act Training Requirements**_

## Provisions of Antidiscrimination Laws

-  The following slides provide information on the statutes that prohibit discrimination.

_**Provisions of Antidiscrimination Laws**_

## Title VII of the Civil Rights Act of 1964 (42 USC 2000e-16)

-  This means that NSF may not discriminate against a person on these bases with respect to any term, condition, or privilege of employment including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.

_**Title VII of the Civil Rights Act of 1964 (42 USC 2000e-16)**_

## Equal Pay Act (1963) (29 USC 206(d)

_**Equal Pay Act (1963) (29 USC 206(d)**_

## Age Discrimination in Employment Act (1967) (29 USC 631, 633a)

- - This means that NSF may not discriminate against a person on the basis of age with respect to any term, condition, or privilege of employment including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.

_**Age Discrimination in Employment Act (1967) (29 USC 631, 633a)**_

## Rehabilitation Act (1973) (29 USC 791)

-  Protects Federal employees and applicants from employment discrimination based on disability.
-  This means that NSF may not discriminate against a person on the basis of disability with respect to any term, condition, or privilege of employment including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.
-  Also requires that Federal agencies make reasonable accommodations for disabled individuals, where required.

_**Rehabilitation Act (1973) (29 USC 791)**_

## 5 USC 2302(b)(1)

-  Establishes that discrimination under any of the statutes previously described is a prohibited personnel practice.
-  Prohibits discrimination on the basis of marital status or political affiliation.

_**5 USC 2302(b)(1)**_

## Protection Against Retaliation

_**Protection Against Retaliation**_

## Process for Pursuing an EEO Complaint Based on Unlawful Discrimination on the Basis of Race, Color, Religion, Sex, National Origin, Age, Disability, or Retaliation

-  If you fail to contact an OEOP official within 45 days, your EEO complaint could be rejected.  To contact OEOP, stop by Room 255 or call extension 8020.
-  Alternatively, if you are in a bargaining unit position, you may file a grievance under the Collective Bargaining Agreement (CBA) between NSF and AFGE Local 3403.  Please contact your union representative to pursue this avenue.  You must abide by the timeframes outlined in the (CBA).

_**Process for Pursuing an EEO Complaint Based on Unlawful Discrimination on the Basis of Race, Color, Religion, Sex, National Origin, Age, Disability, or Retaliation**_

## Process for Pursuing an EEO Complaint Based on Unlawful Discrimination Due to Age

-  Alternatively, if you are in a bargaining unit position, you may file a grievance under the Collective Bargaining Agreement (CBA) between NSF and AFGE Local 3403.  Please contact your union representative to pursue this avenue.  You must abide by the timeframes outlined in the (CBA).

_**Process for Pursuing an EEO Complaint Based on Unlawful Discrimination Due to Age**_

## Process for Pursuing a Complaint Under the Equal Pay Act

-  Regardless of the avenue by which you choose to pursue your claim, you have two years to file an Equal Pay Act claim, or three years if you allege a willful violation on the part of the agency.  To contact OEOP, stop by Room 255 or call extension 8020.
-  Alternatively, if you are in a bargaining unit position, you may file a grievance under the Collective Bargaining Agreement (CBA) between NSF and AFGE Local 3403.  Please contact your union representative to pursue this avenue.  You must abide by the timeframes outlined in the (CBA).

_**Process for Pursuing a Complaint Under the Equal Pay Act**_

## Process for Alleging Discrimination Based on Marital Status or Political Affiliation

-  Alternatively, if you are in a bargaining unit position, you may file a grievance under the Collective Bargaining Agreement (CBA) between NSF and AFGE Local 3403.  Please contact your union representative to pursue this avenue.  You must abide by the timeframes outlined in the CBA.

_**Process for Alleging Discrimination Based on Marital Status or Political Affiliation**_

## Available Remedies for Unlawful Discrimination Due to Race, Color, Age, Religion, Sex, National Origin, Disability, Marital Status, Political Affiliation, or Retaliation 

-  The remedies are specific to an individual case and depend upon the nature of the discrimination claim made, but might include:
-  Reinstatement
-  Hiring
-  Backpay
-  Liquidated damages (under the Equal Pay Act)
-  Promotion
-  Compensatory Damages
-  Attorney fees
-  Notice to employees regarding EEO Rights
-  Ceasing of discriminatory or retaliatory practices

_**Available Remedies for Unlawful Discrimination Due to Race, Color, Age, Religion, Sex, National Origin, Disability, Marital Status, Political Affiliation, or Retaliation**_

## Rights under Whistleblower Protection Laws

-  Retaliation against an employee for making a protected disclosure is prohibited by 5 USC 2302(b)(8).

_**Rights under Whistleblower Protection Laws**_

## Process for Pursuing a Complaint under Whistleblower Protection Laws

-  Alternatively, if you are in a bargaining unit position, you may file a grievance under the Collective Bargaining Agreement (CBA) between NSF and AFGE Local 3403.  Please contact your union representative to pursue this avenue.  You must abide by the timeframes outlined in the CBA.

_**Process for Pursuing a Complaint under Whistleblower Protection Laws**_

## Remedies under Whistleblower Protection Laws

-  Job restoration
-  Reversal of suspensions and other adverse actions
-  Reimbursement of attorney's fees
-  Back pay
-  Medical and other costs and damages
- Corrective actions are specific to the facts of an individual case.

_**Remedies under Whistleblower Protection Laws**_

## Resources

- The following websites were functional at the time of publishing.
**No FEAR Act Notice**
- http://www.nsf.gov/od/oeo/nofear/nofear_act_notice.jsp
**Notification and Federal Employee Antidiscrimination and Retaliation Act**
- http://www.nsf.gov/od/oeo/nofear/nofearfinalcover.jsp
**Prohibited Personnel Practices**
- http://www.osc.gov/ppp.htm
**No Fear Act Equal Opportunity Data**
- http://www.nsf.gov/od/oeo/nofear/nofear3_06.jsp
**Questions?**
- Contact the Office of Equal Opportunity Programs: (703) 292-8020

_**Resources**_

## Certification Instructions

**I certify that I have reviewed and completed the No FEAR Act Training.**
** You *_*must *_*send an email to receive credit for the training.*

_**Certification Instructions**_