# Presentation: 918007

## United States Department of Transportation

- Notification And Federal Employee Anti-Discrimination
- And Retaliation Act of 2002

**Notes:**
Good afternoon:

And thank you for taking the time out of your busy schedule to attend this briefing on the No Fear Act. The focus of my briefing will be on the requirements that the No Fear Act imposes on federal agencies.

## No Fear Act

- An Act to require that Federal agencies be accountable for violations of anti-discrimination and whistleblower protection laws; to require that each Federal agency post quarterly on its public website, certain statistical data relating to Federal sector equal employment opportunity complaints filed with such agency; and for other purposes. This act was signed into law by President Bush on May 15, 2002.

**Notes:**

The No Fear Act essentially carved out a role for every employee in the Department

Both the Civil Rights Department  and Human Resources will have to adhere to the provisions of the Act.

Accountability for our actions and ensuring that managers and supervisors are equipped to perform their duties and responsibilities play a key role in meeting the requirements

## Overview of EEO Law:  Federal Statutes

- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967 (“ADEA”)
- Rehabilitation Act of 1973 (“Rehab Act”)
- Americans with Disabilities Act of 1990 (“ADA”)
-  Equal Pay Act of 1963 (“EPA”)
- Executive Order 13087 Sexual Orientation
- Whistleblower Protection Laws

**Notes:**
However before proceeding, let me quickly give you an overview of EEO Law and the Federal Statutes.

## Overview

- Effective date of Act is 1 October 2003
- Title I
- Background and Purpose
- Title II
- Agency Requirements
- Rulemaking by OPM
- Title III
- Posting Requirements
- Rulemaking by EEOC

**Notes:**
Title I provides the general provisions of the Act.  Congress believes that federal agencies cannot be effective while tolerating discrimination.

Congress heard testimony, looked at cases where large damage amounts had been awarded, and were alarmed by the numbers.

Congress decided that it had to take steps to  address these issues

Title I and III

In writing the No Fear Act, Congress decided to mandate certain requirements (which will be discussed later) to improve oversight and accountability with respect  to discrimination and whistleblower laws.

## Title ICongressional Findings:

- Agencies cannot run effectively if discrimination is practiced or tolerated
- Evidence points to chronic problems of discrimination and relation against federal employees
- Notification of discrimination and Whistleblower laws should increase agency compliance

- Annual Reports to Congress should improve oversight
- Payments for discrimination and Whistleblower judgments and
-     settlements should improve agency accountability

**Notes:**
These Congressional Findings are the result of a year long investigation by Congress based on allegations of discrimination at the Environmental Protection Agency.  (Quick overview of findings listed)

## Title II-Requirements

**Reimbursement Requirements**
- 	Federal agency must reimburse the Judgment Fund of the Treasury for any Federal district court judgments, awards, and compromise settlements made to Federal employees, former Federal employees or applicants as a result of violations or alleged violations of Federal discrimination laws, Whistleblower protection laws and/or retaliation claims arising from the assertion of rights under these laws.

**Notes:**
Reimbursements of Judgment fund- the agency that loses or settles a complaint of discrimination must pay the cost out of its own budget.
The agency must not incur any furloughs or loss of other employee benefits to accomplish this requirements.  Agencies may spread the payment over a specific period of time.
Conduct an analysis of the data and identify trends, corrective actions, and future planned actions. Analyze Data.
GAO will conduct a study on the effects of whether or not employees exhaust remedies, the personnel cost involved and impact on agency operations and submit a report to congress 90 days after completion.

## Written Notification and Training Requirement

- Federal employees, former Federal employees and applicants for Federal employment must be provided with their rights and protections in connection with the respective provisions of law covered under the No Fear Act.
- Written notifications of rights and protections of Federal employees must be posted on the agency’s Website.
- Agencies must conduct training to its Federal employees about these rights and protections.

**Notes:**
Written Notification- Agencies must provide written notification of discrimination and whistleblower protection laws to their employees, former employees and applicants.
Post notifications on the web site and provide training to employees  on rights and remedies.

## Annual Reports

- An annual report must be submitted to certain Congressional committees, the Equal Employment Opportunity Commission, and the Attorney General.

- The report must include, but is not limited to: the number and types of complaints filed; the amount of reimbursements; a description of the policy implemented for disciplinary action against employees who discriminate against individuals.

**Notes:**
Not later than 180 days after the enactment of the Act (1 October 2003), file an annual report to Congress and at the end of each fiscal year showing the # of complaints; dispositions; if resolved, how; amount of monetary damages; number of employees disciplined for discrimination; retaliation, harassment, an analysis of the information, knowledge and actions planned.
Annual report to Congress- Provide the copy of a policy generated as a result of the complaint that the agency developed to address the practice, personal action etc.

## Other Requirements

- Issuance of Rules
- Clarification of Remedies
- Studies by Government Accounting Office

**Notes:**
Under Issuance of Rules, the President or the designee 
Issued rules to carry out the Act
Issued rules to require a comprehensive study be conducted in the Executive Branch to determine best practices relating the appropriate disciplinary actions against Federal employees who discriminate against another party. 
Results of study would fuel the creation of advisory guidelines incorporating best practices that Federal agencies may follow in taking action against such employees 

Clarification of Remedies
This term essentially states that the establishment of the Act does not prevent any Federal employee, former employee, or applicant from exercising any right under the laws of the United States
Studies by Government Accounting Office
GAO conducted a series of studies on the effects of whether or not employees exhaust remedies, the personnel cost involved and impact on agency operations, and submitted a report to congress 180 after the enactment of the No Fear Act.

## Title III Posting Requirements

- Federal agencies must post on its public website, summary statistical data relating to equal employment opportunity complaints filed with the agency.
- The Equal Employment Opportunity Commission will post on its public website, summary statistical data relating to hearings and appeals requested on complaints with the agency.

**Notes:**
In addition to reimbursement, annual reporting, and written notification requirements to congress, the Act established criteria for the posting of agency EEO data on agency websites.

## Title III Federal Agency Data Posting Requirements

- Number of complaints
- Number of complainants
- Number of multiple filers
- Breakdown by basis
- Breakdown by issue
- Average processing time for each step of the process
- Number of complaints dismissed/pending before dismissal
- Number of final agency actions involving findings of discrimination

**Notes:**
The next two slides consist of the list of the required summary statistical EEO data to be posted on agency website. The list includes:  
Number of complaints filed with the agency
Number of complainants
Number of multiple filers
Breakdown by basis
Breakdown by issue
Average processing  time for each step of the process
Number of complaints dismissed/pending before dismissal
Number of final agency actions involving finding of discrimination

## Title III Federal Agency Data Posting Requirements

- Findings of discrimination (agency action) on basis rendered without hearing and after hearing
- Findings of discrimination (agency action) for each issue rendered without hearing and after hearing
- Number of complaints carried over from last fiscal year; individuals who filed those complaints in previous years; and complaints pending at various stages
- Number of over-aged complaints/authorized extensions
- Hearing requested
- Appeals from agency final decisions

**Notes:**

Findings of discrimination (agency action) on basis rendered without hearing and after hearing
Findings of discrimination (agency action) for each issue rendered without hearing and after hearing
Number of complaints carried over from last fiscal year; individuals who filed those complaints in previous years; and complaints pending at various stages
Number of over-aged complaints/authorized extensions
Hearings requested
Appeals from agency final decisions

## Additional Information

- Additional information can be obtained by reviewing the complete text of the No Fear Act which is included with this presentation.

## Contact Information

- For More Information, Contact your Operating Administration’s Civil Rights Office.