# Presentation: 202181

## No Fear Act

**Notification and Federal **
**Employee **
**Anti- Discrimination and **
**Retaliation Act of 2002**
**Whistle Blower Protection**
**Act of 1989**

## Purpose

**    ****The No Fear Act requires management accountability **
**for correcting and preventing discrimination and retaliation. **

## Purpose Continued

**     ****Create public awareness by publicizing:**
** ****Number of complaints **
** ****Number of settlements **
** ****Number of employees**
**    ****disciplined**

## History

**In 2000 EPA engaged in discrimination and jury awarded $600,000.00 **
**EPA engaged in retaliation for whistleblower disclosures**
**Civil suites at other Federal Agencies (FBI, ATF, DEA,INS, USDA, USIA, SSA, DOI**
** **

## No Fear Act  Central Issues

**1.  Annual and quarterly   reporting Requirements**
**2.   Increased accountability of  Agencies & Individuals**

## No Fear Act  Central Issues

**3.  Emphasizes notification to and training for employees**
**4.  Department responsible for payment of awards/settlements previously paid by judgment fund**

## Title IGeneral Provisions

**Expresses Intent of Congress that Federal Agencies:**
**1.  Should not retaliate for court judgments or settlements with prohibited personnel practices**
**2.  Should not use RIFs or furloughs as a means of funding any reimbursement to the Treasury**

## Title IGeneral Provisions Cont’d

**3.  Reimburse the Judgment  Fund of the Treasury within a “reasonable time”**
**4. Ensure management has adequate training on management of diverse workforce and dispute resolution**

## Financial Considerations

**Solicitor’s Office and Office of Civil Rights review for legal and factual sufficiency. **
**Budget officers coordinate with**
**    ****respective Bureaus**

## Financial Considerations

**To date DOI has received formal requests for reimbursement totaling $2,000,000. **
**National Park Service  - Largest payment:  $1,215,000 or 43 percent**
**More settlements and judgments in the pipeline.**

## Financial ConsiderationsPage 19

**Financial Considerations****Page 19**

## Title II Notification and Reporting Requirements

**	****Federal employees must receive:**
**Handout  on rights and remedies has been prepared by Office of Civil Rights**
**Information must be placed on the internet**
**Training regarding rights and remedies**
**Department creating computer based training module to comply with requirements of Act**

## 
EEO Reprisal Protection

Protection it provided to individuals who participate in any practice made unlawful by Title VII, Age Discrimination Employment Act, the Equal Pay Act, or the Rehabilitation Act 

Engaged in a protected activity

Agency must be aware of the activity

Employee must be subjected to adverse treatment

Nexus between protected activity and prohibited personnel
      	practice

**EEO Reprisal Protection**
**Protection it provided to individuals who participate in any practice made unlawful by Title VII, Age Discrimination Employment Act, the Equal Pay Act, or the Rehabilitation Act **
**Engaged in a protected activity**
**Agency must be aware of the activity**
**Employee must be subjected to adverse treatment**
**Nexus between protected activity and prohibited personnel**
**      ****	****practice**

**Title II Rights and Remedies  ****Training**

## 
EEO Reprisal Protection

Office of Civil Rights attempts early resolution through EEOC Counseling or ADR, if not successful, conducts formal investigation

Renders final decision with corrective action if appropriate

**EEO Reprisal Protection**
**Office of Civil Rights attempts early resolution through EEOC Counseling or ADR, if not successful, conducts formal investigation**
**Renders final decision with corrective action if appropriate**

**Title II Rights and Remedies  ****Training**

## 
Whistleblower Retaliation Response

OIG investigates waste, fraud and/or abuse

Employees who disclose should be free from fear of prohibited personnel practices like reprisal for whistle blowing

**Whistleblower Retaliation Response**
**OIG investigates waste, fraud and/or abuse**
**Employees who disclose should be free from fear of prohibited personnel practices like reprisal for whistle blowing**

**Title II Rights and Remedies  ****Training**

## 
OIG Response

Protect through oversight, monitoring and if necessary early intervention

Contact appropriate Assistant Secretary and/or bureau director or 

Explain and Offer Office of Special Counsel assistance

**OIG Response**
**Protect through oversight, monitoring and if necessary early intervention**
**Contact appropriate Assistant Secretary and/or bureau director or **
**Explain and Offer Office of Special Counsel assistance**

**Title II Rights and Remedies  ****Training Cont’d**

## Whistleblower Protection Act

**Provides information he/she reasonably believes evidences:**
**Violation of any law, rule, regulation**
**Gross mismanagement**

## Whistleblower Protection Act... Con’t

**Gross waste of funds**
**Abuse of authority**
**Substantial & Specific Danger to public health or safety**

## Retaliation

**Managers must have knowledge**
**Protected disclosure was a contributing factor in prohibited personnel action**

## Retaliation

**Protected disclosure**
**Personnel action taken or Threatened**

## Title IIReporting Requirements

**Scorecard**
**Number of complaints**
**Types of complaints**
**Basis of complaints**
**Funds paid on settlements**
**Number of employees disciplined**
**Information will be publicized**

## 

Analysis of information, re:  what bureaus had the most violations and why.

Adjustments to department financial status in order to comply with the reimbursement requirement. 

**Analysis of information, re:  what bureaus had the most violations and why.**
**Adjustments to department financial status in order to comply with the reimbursement requirement. **

**Title II****Reporting Requirements cont’d**

## 
OPM Obligations

Issue rules 

Conducts studies for best practices

**OPM Obligations**
**Issue rules **
**Conducts studies for best practices**

**Title II****Reporting Requirements cont’d**

## 
GAO Obligations

Costs incurred by the Department of Justice in defending discrimination and whistleblower cases

**GAO Obligations**
**Costs incurred by the Department of Justice in defending discrimination and whistleblower cases**

**Title II****Reporting Requirements cont’d**

## Considerations

**Only Federal Court Ordered reimbursements tracked**
**DOI engages in many other types of settlements**
**No single data collection process to provide DOI Leaders complete understanding of this issue.**

## Considerations – Con’t

**Accurate reporting, discipline where necessary, training and transparent process will send message to employees that individuals will be held accountable for their actions regarding discrimination, retaliation and/or harassment.**